Titusville Code Enforcement Board Rules on Significant Property Violations and Financial Penalties
- Meeting Overview:
The Titusville Code Enforcement Board meeting addressed several pertinent cases, with focus on enforcement actions for property violations involving substantial administrative costs and potential daily fines for non-compliance. Notable cases included ongoing issues on Ojiway Avenue, which involve a mortgage company as a respondent following foreclosure, and complex discussions about legal responsibilities and compliance deadlines.
The board’s discussion of case 25-74 on Ojiway Avenue proved particularly notable. This case involved respondents Shirley Bethune, Jack Aden, and Sunwest Mortgage Company, with violations concerning an accessory structure and an inadequate swimming pool enclosure. The violations were initially reported on August 6, with a compliance deadline set for August 20. The code enforcement officer presented crucial evidence, including a notice of hearing, a violation posting affidavit, and a significant cost recovery statement totaling $18,911. Proactive checks had revealed ongoing issues, such as a damaged fence and an unsecured above-ground pool.
A point of discussion revolved around the involvement of Sunwest Mortgage Company, which had taken title of the property following foreclosure. The board engaged in a dialouge regarding the legal implications of the mortgage company being listed as a respondent. Clarity was provided that all required notices were given according to Florida statutes and city codes, confirming the mortgage company’s responsibility as the new owner. Consequently, the board ordered the respondents to rectify the violations by December 5, 2025, with a daily fine of $100 imposed starting December 6 if compliance was not achieved, in addition to the substantial administrative costs.
Another matter involved the Schwarzinski Trust on Bahamas Street, case number 25-60. Initially heard on October 13, 2025, the trust had been found in violation of code sections regarding maintenance and running water, with a fine of $50 per day set to commence if compliance was not reached by November 8. Officer May confirmed that the property was now in compliance following a call from Lenani, a trustee, who provided access for verification. Despite compliance, Lenani requested a waiver of the administrative costs totaling $312.38, which was denied, though the right to appeal was acknowledged.
A notable case concerning Walmart Stores East on Cheney Highway, case number 25-49, highlighted issues of stormwater maintenance under code section 30-214. Previously heard on September 8, 2025, Walmart had been ordered to correct the violation by October 28. The board noted that Walmart was in compliance following the issuance of an electrical permit and the proper functioning of the required pump and aerator. All administrative fees had been paid, and the board confirmed the property was no longer in violation.
The meeting also addressed case number 25-44 involving Richard Manzo for a property on Ali Drive. Officer May reported that, despite initial indications from Manzo about removing a non-compliant container, a reinspection found it still present. However, as of the hearing date, the container had been removed, bringing the property into compliance. Manzo spoke to the board, citing unexpected medical issues as a reason for the delay and requested a waiver of the $146.14 administrative costs. The city’s opposition to the waiver was based on the extensive staff time required over the past three months. The board ruled that the administrative costs were justified and should be paid, although no fines were imposed.
Case number 25-64 involving Brian Kenneth Davis on Willow Street presented another case of absent respondents. The violations, including discarded appliances on the property, were found to be in breach of section 308.2.2. Despite multiple attempts to contact Davis, the property remained unchanged since the initial hearing. The board imposed a fine of $250 per day commencing November 8, 2025, until compliance is achieved, alongside the $241.94 administrative costs.
The board further examined case 25-69 concerning Santiago and Gonzalez on Meno Lane, where inoperable vehicles continued to violate section 13-73. The code enforcement officer’s attempts to contact the property owner had been unsuccessful. The board ruled that the property remained in violation, imposing a fine of $100 per day starting November 8, 2025, until the issue is resolved, with administrative costs of $136.28 also due.
Daniel E. Diesel
Code Enforcement Board Officials:
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Meeting Type:
Code Enforcement Board
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Committee:
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Meeting Date:
11/10/2025
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Recording Published:
11/10/2025
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Duration:
39 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Titusville
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