Titusville Resident Challenges Trailer Parking Code Enforcement
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Meeting Type:
Code Enforcement Board
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Meeting Date:
03/11/2024
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Recording Published:
03/11/2024
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Duration:
39 Minutes
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State:
Florida
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County:
Brevard County
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Towns:
Titusville
- Meeting Overview:
At a recent Titusville Code Enforcement Board meeting, a longstanding dispute over the parking of a cargo trailer at a residential property was brought back into the spotlight. A resident, Mr. Toby Smith, contested the enforcement of a city code that prohibits parking cargo trailers over 14 feet in length on residential property. Mr. Smith argued that his trailer’s parking arrangement was in compliance based on past city council discussions and a precedent set during a four-year dispute.
The case of Mr. Smith was the focal point of the meeting, as it delved into the complexities of city code enforcement and the nuances of historical precedents. Mr. Smith presented his case by recounting the history of his compliance with city codes dating back to 1999. He explained that zoning changes in 2006 forced him to move his race trailers from a rented shop to his house, a move he believed to be compliant with city codes at the time. He also mentioned gathering 2,500 signatures in 2006 to address the issue and threatened to bring a similar number of people to the current dispute if necessary.
During the meeting, the respondent was asked to provide the specific code that permits the parking of trailers over 14 feet on residential properties. Without his paperwork, which he claimed his wife maintained with diligent precision, Mr. Smith could not cite the exact section. He expressed his willingness to bring the necessary evidence to a future meeting, emphasizing the need to revisit the decisions made in 2006, which he believed allowed for his current parking arrangement.
The city’s assistant attorney and the Code Enforcement Officers responded to Mr. Smith’s assertions, stating that the section in question, section 20-58, subsection E, had not been altered since 2009. Despite extensive City Council meetings discussing potential changes to this code section, no amendments were made, and the current code remains as it was.
Mr. Smith insisted that there was a past understanding about the permissible length of trailers on the frontage of the property and that this understanding should have been documented. He argued that there are numerous trailers of different types and lengths parked on residential properties across the city, and if his trailer is not in compliance, then many others would not be either.
The magistrate reviewed the code and noted that off-street parking is generally prohibited unless permitted within the section, and with the cargo trailer in question exceeding 14 feet, it did not meet the exemption criteria. The magistrate ultimately found Mr. Smith in violation of section 20-58 subsection E and ordered him to correct the violation before 12:00 p.m. on April 5th. A fine of $50 per day would be imposed if the violation continues past the given date.
In addition to Mr. Smith’s case, the meeting also addressed other code compliance issues. Titus Holdings LLC was reported to be in compliance with a prior order, including payment of costs incurred by the city, and the Magistrate confirmed that no further fine would be imposed. Space Coast Petrol Distributors, represented by Officer Kyle from the fire department, was also confirmed to be in compliance as of the hearing date, and again, no fine was imposed, but costs of prosecution were upheld.
Another case concerned C Cubes Landing LLC, where violations were presented by Officer Jim Flanigan, who used a PowerPoint presentation to detail the issues at the property on South Hopkins Avenue. These included business tax receipt requirements and the lack of running water. The Magistrate imposed a $50 per day fine until compliance was confirmed by an affidavit from the code inspector, due to the owner’s failure to correct the violations by the specified date.
Daniel E. Diesel
Code Enforcement Board Officials:
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Meeting Type:
Code Enforcement Board
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Meeting Date:
03/11/2024
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Recording Published:
03/11/2024
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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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