##VIDEO ID:2CNWgNv9gRk## e e e e e e e e e e e e e e e okay okay good afternoon um my name is Jennifer Nicks I'm the special magistrate here these are public hearings for the code enforcement violations for the city of Titusville Florida these hearings are quasi judicial in nature um the formal Rules of Evidence do not apply but fundamental due process shall be observed everyone who has a case today will have an opportunity to present testimony you may present evidence Andor witnesses to testify on your behalf there's no public comment portion of these proceedings you um must be a respondent or be called as a witness in order to speak on a specific case everything today is being recorded and all testimony will be under oath when you are sworn in please provide your current mailing address if you come to the podium to speak so that we may get any orders to the correct address the city will present its case first and information will be displayed on the screens documents may be provided by the city as evidence the city's PowerPoint presentation will be entered into evidence unless any objections are made after the evidence I will make a ruling that ruling will be reduced to writing and and will be mailed to you um if I could swear in Witnesses at this time if you're going to be speaking today on any of the cases if you could raise your right hand do you hereby swear or affirm that the testimony that you'll give today is the truth the whole truth and nothing but the truth okay thank you okay and the next order of business is the approval of minutes from the August 12th 2024 hearings I've had a chance to review those minutes and do approve them as provided and it looks like the first thing that we have on our agenda today is the lean reduction request yeah yes ma'am thank you and um this case was originated from 2011 uh the original owners are no longer with the property Miss caspr purchased the property uh she has taken the property and turned it U over as you'll see in this presentation but with that no is she present but officer May right has this case thank you so I've got uh three things for your review um I do have a copy of 3171 um the ordinance I have a copy of the original final judgment assessment lean um from the 2011 case and then I've got the lean reduction applic letter from the current owner and photograph she submitted okay thank you thank you very much okay okay and I do accept these as evidence for the record looks like vast improvements to the home okay and um as far as the city's recommendation request as to reduction of the lean what is the city's position as uh for you to make a p based on your decision and again with this U she actually had a pride early on with our Le amsty program which would have reduced it to $1,500 plus hard cost I believe was on the application but that had since uh what she was trying to get the rest of the property into compliance that had since ended and the city then now has the lean reduction plan um and prior experience uh they were based on property values work and exhibited but uh the city is fine in this case as to to the work that's been done at the property to uh and allow further testimony from from the new owner thank you okay and did you have a presentation for the PowerPoint um please go ahead okay so again this was originally um a code uh Municipal Code Enforcement board case that number was 1123 um the current owner is Cynthia Casper casb and our respondent on the original case was uh George and Donna inis our address is 40 45 Kina Avenue in Titusville Florida and the original violation was 12-23 for junk and debris you so the original case was heard before the municipal uh code board on June 13th of 2011 the respondents George and Donna inis did not appear for before the board they the respondents were ordered to correct the violations of the junken debris um honor before noon of July 2011 if compliance was not achieved a fine in the amount of $100 per day commencing June 11 2011 and the final judgment and assessment of fine and imposement of lean was recorded August 18th of 2011 the hard cost on this case was in the amount of 30 8424 so this is the current Appraisal District um property report our current market value is $12,000 so these are copies of the uh case photos taken by the original code inspector Bob Chrisco um dated July 11th of 20111 so for the Massie hearing this was of the uh front yard this is the backyard we have tires and this is a picture of various debris that was in the backyard so these are photos I took August 27th of 2024 huge Improvement it doesn't look like the same and this is the backyard okay great so the conclusions of facts um as as it was stated on March 3rd of 2022 a request to participate in the Titusville lean amnesty program was received by the city attorney's office the property was inspected and verifi verified to be in compliance by uh the code enforcement department personnel daily fines were calculated to be $773,000 and the cost of recovery was again $384 24 uh on June 11th of 2024 uh code enforcement department received the application for the re uh lean reduction and uh let's see the respondent is requesting the reduction in the amount of $73,000 so that is that is what we have okay and just to just to clarify so I understand as far as the lean amnesty um program was that something that she applied for and then the program ended so now here we are with the lean reduction application yes ma'am thank you y okay okay um thank you very much and miss caspr if you would like to come up please come up to the podium and if you'll please state your name and address for the record uh Cynthia caspr 4045 Cina Avenue okay and um now's your opportunity to tell me anything you would like to in regards to this request I don't know um when I received the thing for the the what was it 1500 or whatever the Amy the amnesty program I went to Chelsea and I was given or the 1800 or whatever and then they received it and then she turned around right away and told me I had a permit that was not satisfied and I did not know that and um so I went back to my construction guy and it was on two doors and by then I'd taken did not know that you take the tags off that's the numbers are on there so we kept trying and trying and we couldn't find the numbers I went to Lowe's he went through the thing and he finally told me he said um that they were discontinued and it I dropped the ball but I finally got a um what do you call it um a handyman and we got new doors and everything so he took out the old ones put in the new ones and satisfied the permit by the time I did that the program had ended and um so I came to chelse see after I sold my house and Mims and told her that I was able now to help satisfy this Lan whatever I could do and I filled out the paperwork and was trying to do whatever y'all said to do and um I don't know I you know I'm here to whatever you want I'll get I I understand and I thank you for being here and for speaking and um and for bringing the property into the current state that you have it in yeah I love my house um thank you okay I'm just going to glance over some of the factors here and then I'll go ahead with the decision for okay and just so you do understand this um my decision today is a recommendation which moves forward um to the city council agenda for final action um so um this will be on a future agenda by the city council they'll make the final decision and I'm sure that you can um attend and speak to them um as well on M I think on the paperwork oh if you could come back up to the microphone just because of the recording please thank you I think I put on the paperwork that I filled out for chess Chelsea was 3,000 I didn't and um while I have you here this is your homestead cor yes ma'am okay um all right and um and so you are aware um as as far as the lean amount if it is you know if the final decision is that it's reduced to whatever it's reduced to um the city code does provide that you need to pay that within 90 days or the lean amount will revert back to the um okay big large lean amount yeah that you're seeking to reduce here I just want to make sure that you're very aware of that so you can take care of it as you as soon as you can as long as you don't go over 30,000 I'm good uh um okay um unless the unless you or the city has anything further no okay um all right well then I thank you you can you can have a seat and I'll go ahead with my um recommendation for the city council's consideration um okay I've of course um reviewed the lean reduction application I've reviewed the city code provision that's applicable um in these appli a procedures um and in consideration of all the all of the information that I've been provided as well as the fact that the property has been um brought into a a wonderful condition as compared to it was previously and you know and that had nothing to do with the fact that they were even Just Tires and some miscellaneous junk in the yard still findet but you're exterior of the home looks um wonderful compared to what you um the condition it was in when you obtained it um as far as the pro um factors that are provided in the city code um that are to be considered in making my recommendation to city council for approval um I I would recommend that the city council um reduce this um lean to um a total of $884 24 so it's the you know taking the fine down to 500 and then the hard costs which need to be paid um of $384 24 um and my decision as far as my recommendation to the city council is based upon um of the factors that are provided for by the city code and that would include um the gravity of the violation um because I don't feel that it is too severe of a violation having some miscellaneous junk and debris in the yard compared to you know that's obviously been taken care of um and the property itself has been vastly improved um the acrude amount of the code enforcement lean compared to the current market value of the property um you know when the lean is $73,000 and the market value of the property is $100,000 that is just quite a lean um in consideration of the compliance that's been attained and the improvements that have been made to the property um I'm also taking into consideration that there are not any code violations at this time and further that the original code violation was not committed by you the applicant um I've also read the letter that you submitted as an attachment to your lean reduction application um and given the fact that you are um retired and this is your homestead um I'm considering that in terms of financial hardship as a factor um and again that the property is your homestead um and and largely that um as far as other mitigating circumstances which may warrant the reduction of the lean um I have a feeling that you know had this been timely submitted you know but for the permit application that um the permit issue that you ran into with the doors um you know I have a feeling that that may well have been granted and I don't want to um I don't think it's just that you be seemingly penalized for that um and you of course s satisfied that permit so those are um that's my application of the factors to this lean reduction and um and again I will um be recommending it for Council council's approval um and the collective amount of $884 24 which as stated includes those hard costs of $384 24 in that total and um you will receive a written um order from the decision today but again that is just a recommendation to city council so they do have the final say in this matter okay so that concludes this matter for today if you want to leave you're free to leave thank you okay good luck everything Excuse me yes will will all the reasoning be into the order as well I'm sorry in in the order are you g to put where you took each oh absolutely okay I will thank you but yes I will be including all of that laid out for the city council to be able to see you got it okay all right and it looks like the next um the next hearing is a Massie hearing yes yes ma'am you originally heard this case last month um it's case number 2490 um it is a mass hearing and officer uh Lewis is here and I believe Mr Hy is here today he was not here at the original hearing okay all right good afternoon ma'am I'd like to enter uh the uh notice of hearing and the order from last month into evidence all right thank you okay and those are accepted I'm fine with you moving forward but I don't want them to miss your presentation either so I don't know if they need a sidebar if they need a few minutes to speak with code enforcement do you want us to move forward to the other case and come back to this one I'm sorry that's okay do you all want to um we can go on to the other hearing if if you all need a few minutes or okay that's where we got crossed up okay okay okay again this is uh case number 2490 the Massi hearing uh learn respondents Mr P is present today uh the uh that violation address should be 710 wager not 719 no that is a typo right there okay partial number is correct uh it was mailed to 2975 Bill Street uh violation charges were 30-35 a continuing landscape maintenance required section 13- 73 and Opera Vehicles prohibited prohibited and section 28-1 151 outdoor storage uh notice the hearing was mail certified In First Class On 81524 and Here noting was posted on the property at City Hall 827 24 uh again case is rudely hurdled August 12th 24 uh respondent was ordered to correct a violation by installing ground cover removing any inoperative vehicles and removing any equipment or materials on the property by September member 6 2024 uh if compliance wasn't achieved uh Master May impose the fining amount of $100 per day per violation starting September 6 2024 and continuing daily daily until the violations are corrected uh City's cost of prosecution were imposed of U in amount of 12853 uh this picture was taken August the 30th I believe it was okay Yep this is the continue landscape there's no you know land cover on no ground cover uh one of the vehicles well the vehicle on the property that's a a trailer with some material on it uh the conclusion of facts are that the truck trailer and section 28-1 151 outdoor storage the trailer truck and equipment remain on premise 30-35 305 continuing landscape maintenance required the ground cover is not installed and section 1373 the inoperative vehicle remains on the property okay I missing yeah that's uh I did uh our admin specialist told me that Mr pouncy had called one day looking for me while I was while I was off uh I left him a voicemail but we never have got back okay with each other uh V the property is still in violation as of 10:30 this morning okay thank you and Mr pouny I'm not sure if you were here when we started at 2 o'clock to be sworn in did you raise your hand and swear in I didn't think so um if you want to come up to the podium I'll just swear you in here um let's see do you hearby swear or affirm that the testimony you're about to give this afternoon is the truth the whole truth and nothing but the truth yes ma'am okay thank you can you please give me your name and address for the David Lamont pouncy my new address is uh 1026 Queen Street Queen Street yes ma'am um is that here in Titusville yes 32780 and as far as um the mailing of mailing address yes ma'am that's the mailing address okay just want to confirm with you um okay so now is your opportunity to let me know anything you want to about the property or the violations well okay uh let's see where I start actually when this court when this first went the magistry uh I came it was over here in the firehouse building upstairs and uh it was me and my mother and we addressed I don't know if it was you it was a lady I don't know who the magistr was at that at that moment but we talked we talked we talked uh basically the same violation well it was only two violations that they were putting in for so with that said I put in for a gate permit because in between the government official building which is social service center and blues which is the corner market store uh you have people hanging out in between in between the buildings mostly for they're I guess they they go to the store back and forth okay they're trying to get the people from hanging out in between the building so with that came code enforcement certain regulations I had they wanted me to do so one of them was put grass down well in that area as you seen it's straight if you put grass down with nothing to stop people from going in and going out it's going to it's just me adding grass to dirt they're going to run it over the expenses on me all way around the board so with that said I put in for a gate permit when did you put in for the gate permit sorry to interrupt you but uh pH that was last year sometime I put in for the gate permit okay I put in for the gate permit whatever was going on between tpd and whoever was hanging in between whatever they were doing tpd addressed that I still had to come that that was the reason I had to come to court to the magistrate to address whatever was going on between tpd and whatever was going on with whoever they were chasing or whatever okay I put in for a gate permit before that so when I came to court it was like if you had to gave me the gate permit then my area we wouldn't even been in court tpd wouldn't have been on whoever they were on for any of that to happen because it wouldn't have been on my property and it would have been in the gate private property no trespassing with that said they they I guess quote unquote they say they gave they they permitted the gate permit for me to have after I went and filed for another gate permit which it had to go through three people in order for it to be uh uh how do you say it just for it to be approved I wanted to know if I could pay for it before I get approved and then that way I could go along with what I have going on they want like I said they wanted me to put grass i' rather put a gate to keep people out out of my side and then whatever because the the the land lines run parallel so you have Blues market right here and then you have me on the back side running this way parallel you have social service center here you have the blues Market here okay so if they were let me put the gate on mine that would have kicked everything out it would have just been either whoever would been hanging out or parking for the store parking lot it would have just been that assessment they approved the gate permit they wouldn't let me do it then when I asked can I pay for it ahead of time they told me if I put one stick in the ground they're going to charge me so I I waited I waited I waited I waited they eventually said okay your gate permit is approved okay that same day they told me that I paid for it now what I went to I went to a meeting at the Social Service Center I think it was Friday Saturday that just pass about them uh obtaining a park next to the the land that I have it's like they have a partial on the side of the road that they want to make into a park so for whatever reason they took my gate permit away and then now I'm I'm I'm back to square one like I was way last year might have was a year before that or somewhere closer to the beginning of the year last year might have been before that cuz my mother's been passed for a year now so it might have been it's longer than a year that I required for the gate permit like I say all the way up until maybe two weeks ago they took the gate permit away when you came and you see me like like how they saying that the it need kept up I any anytime there a storm any P metal bushes the grass need cut down but I can't cut the grass in the rain that that'll tell my equipment and it's it'll be kind of useless for right now but as far as the truck and the trailer it has my equipment on it to build my gate around it so it has my gate stuff on it if if that makes any you're saying that's what was the trailer that's parked on the line I have a trailer if you can pull it up you see the trailer you see all the the uh you see the fence post and you see everything what I need as far as my material to put my gate but now I don't have a gate permit no more so I have to see what's going on with the gate permit and I think that has something to effect to do with the park that they're wanting to build right there so to my knowledge building the park beautifying the uh they want to put a basically like a a a welcome to Titusville like a a Titusville welcoming sign in park there I don't know if it's going to be a park like kids to play because on the next street is's a big old part for kids to play and do whatever but I guess to beautify that I don't know and based on however they're going to plan that being that they took the gate permit away from me I have to make my plans kind of mingle along with what they have designed and this is still in process it's still in process so the reason why my my truck and trailer like I say it's holding my equipment so I could build my gate to put grass down for no reason to put grass on dirt that's like I might as well throw dirt on top of dirt just to make a dirt heill cuz that's eventually what it's going to be now for as far as uh the blue store like I said the uh landlines run parallel they put a gate up around they also put grass in I don't know I mean the grass is going to die because I mean it's been raining lately but before the grass supposed to stay green it turns brown I don't so that's lack of water lack of whatever whatever whatever but that's Blues as far as me go like I say my trailer and my truck is holding my equipment so I can put my gate up I have to wait till whatever code enforcement have to do to give me my gate per a minut back now if I don't know if I have to wait till the park decisions get made before I could put my gate up because talking to them they said possibly they probably put a wall in between where my property at and where their property at to put the the the welcoming sign of Titusville there whatever they're going to put there so it's like I have to wait on whatever their movement is okay um I'm not familiar all right so I'm not familiar with the whole Titusville sign or anything that's going on with that so I might ask a little bit more about that but as far as um what you're saying with the well I understand that you may have a truck with equipment on it that you need to have on site when you're building the gate and fence however it's going that that's the whole whole process of having to gate permit so they give me a a time limit so I can get it get it took care of but I can't do that without a gate permit like I said they never took the gate permit away so I had to let them know that listen I already have stuff in the ground that I already paid for out of my own pocket the city ain't paying for nothing just like they ain't paid for my property they don't pay no taxes on my property so therefore I I I try to go with whatever code enforcement whatever the legal thing is for me to do and whatever makes sense I'm not going to add grass to dirt just for people just to do the same thing there's no way you could keep them out I could put no trespassing but that that goes beyond a whole another issue as far as tpd goes that that becomes a whole another issue because we also have uh retired School teachers and what have you that if they drink they drink that's not my problem that's their problem my land is my responsibility anything that happens on the land is my responsibility or I could be held responsible for the people that like to live their life however they choose to live their life men and women I have no nothing against that when it comes down to tpd and code enforcement is like some things I'm forced to do I'm put in the position where I'm forced instead of Acts and I don't have any help it's just me he knows this all right so if I could kind of summarize some of your points for my um understanding there are people that are trespassing on your property so you're saying that makes it difficult for you to install grass because you don't have the gate and fence up to keep people off of it and you don't want to put the grass down until people would not be trespassing on the property and messing it up well this the thing if I put a no trespassing sign up I don't care if somebody just walking through it just to go to the store with tpd how they treat me I know they treat others and they might treat me a little worse than what they treat others because I have a voice I have an opinion some things I'm to go to jail for for my rights and for the tpd not to violate them which they do sometimes even though this don't have anything to do with tpd it's me and code enforcement but tpd it works for the city code enforcement works for the city they still officers I have to respect it but like I say it's just me I don't have a mother all my parents are deceased so the things that I have to do to make my life easy and and and and and stay out of trouble like I say I try to do what code enforcement is act but some things I can't do and I'm not going to do because it don't make sense I'm not going to put grass on top of dirt for people just to run around in it and then I'm still held responsible from from code enforcement or whoever I'm still held responsible because when they run that that parcel that that address my name pop up nobody else right can't talk to my mother she's in the ground so this what I'm saying he knows we talk we see each other we talk I I let him know anytime you see me if something out of place if whatever whatever feel free stop me I'll correct it as quick as I can as fast as I can so it don't be no problem so I don't be here okay and let me um I'm glad you're aware of the distinction as far as code enforcement and police department being two different things of course um I don't have as far as the code enforcement department and them bringing their violations and then bringing the violations here for a hearing you know I'm here to deal with the city ordinances when I've been shown evidence that they're being violated and make a decision decision on that um I don't have anything personally to do with the police department the building department you know wherever that the permits issue from um I just have to review the evidence and take the testimony and make a decision based upon how that comports with compliance with the ordinances so I do um so I just wanted to mention I'm not um sure the situation with the gate permit I don't have any prior knowledge as to any of any that or a meeting you know last year that would not have been um me that's separately with the city well that's why I say I I'm not sure if it was you got but when we did talk it was a I was in front of a lady so you know um but like I say as far as my my truck my trailer they have my my equipment on it so I can build my my gate right and while I understand that as far as the city ordinance goes because I I remember this hearing from last month you know well I was supposed to be here last month and I went over to the fire department where we had the last magistry meeting that that I know that the last magistry meeting was and that was no longer there then they told me uh they gave me a date to be here I came here and there was nobody here then I got another letter in the mail which that was why he received the phone call that he received from me because I was supposed to be here and I wasn't and I went over there and they told me to come over here but then they gave me another a different date they told me after I figured out everything and was in the wrong places and wasn't in the right place they told me every I think second week of the month so okay um I'm sure I'll have followup questions for you but if you want to um whether you stay under the podium or take a seat I need some clarification from the city staff as to um some of this but as far as today's hearing goes just for me to clarify for you before I ask the staff for more information you know we did have the hearing last month that was the initial one that's what the order came out of um this findings of fact conclusions of Law and Order which found the property to be in viol ation of those three sections and what that order of course provides is if it wasn't in compliance by noon on September 6 that the fines per day per violation as ordered and this would be um assessed so what my role here today is is to look at whether or not it's in compliance you know today and as of the date that was ordered and then to go forward with a fine is what the city's asking for me to do and what um that's what the procedure is under the Florida Statutes and the city code just so you're clear on what last month was what this month is um so now I'd like to hear from the city for any clarification or Communications yes ma thank you and I'll allow le as well sure Mr P is right this case has been heard before and at the time he was told that he could have stuff on his lot If he if he was to put it behind the fence he applied for a fence permit it was approved but never picked up was my understanding I don't know but he has re since reapplied and since that time the city is putting in a pocket part to the north of his property along 405 he is correct as far as he was referring to his adjacent property which is on 701 South Deon you also have already heard that case and as you were aware the ground cover isn't about trespassing or about people in vehicles driving it's about erosion and putting all of that into the storm system which originally will eventually wind up in into our River that's what that's about we do have codes that say that his vehicles that are on this property had he had the permit issued those would be fine if that's what he's using them for they just can't stay there forever is you can't have any material on site till you have a permit in hand so basically he could remove those two instantly just by removing them and take them to his home or wherever he keeps them and then bring them back once that permit's issued to him because I don't know we don't do permitting U he'd have to get with the building department and see where that's at that yeah I have to go back up there because like I say when they when they initially gave me the gate permit they said it was approved then when I came well well when anyway I know what you're saying you were approved they took it back but but but there again that's outside our our I got you I got you so I'm just I'm just following how whatever I need to do uh Mr py would always have the opportunity to go and and get whatever it is that with with that and until that time he just has to remove the truck and the trailer with his building equipment and once you get it you can put it back up there and build your fence um but as far as the ground cover that's not just dir on dirt that's actually trying to keep all that sediment and dirt from our storm water systems that and and that's what that's for well I like I say I go out there anytime there debris a storm I go out there and clean it I cut it I don't let no trash I don't do nothing true and we'll and we appreciate you doing that however it's all the dirt and sand that washes from it across well on both sides not just your the otheres I understand that's understand like I said we were in the same process in the same process if you got cars running over it exact it's not going to grow regardless of what I do I could throw grass seeds out there it's still going to do the same true that's why I want if you all could if we could just one at a time talk because I'm not going to be able to hear no we we acknowledge that we acknowledge it by the fact that all the sidewalks are broken from people driving over it that's not broken from that that's broken Blues had their parking lot redid and they had a big machine well and we're looking at all of that too so but he he's right they do drive through his property or used to all the way through but now the other adjacent property fenced off with the grass growing that's taken care of that now there's still the pocket part to his North that people still cut through there too and we're working on that uh so see now but that's basically when they came to you and asked you about trespass that was for the people driving through well well this the thing if they allow me to put my gate up where they cut through kind of adjacent through my property and and and and partial that the city has they won't be able to drive through there and then that would put the end to all of them that it would I wouldn't even be here but there again we're not involved in that permitting process I got you I got you so and and again it's whatever happens today there's always processes to go forward in either direction yes sir I'm just trying to and we will work with you but again just you have to separate the reasoning it's the ground covers for sediment and evasion erosion control if that gate get put up that kills the driving on it and it allows the grass to grow like it's supposed to well again it goes back to the permit which we have no well I mean it it beat me having to go buy grass to put on dirt it just it'll grow naturally without well you could throw additional seeds and hay on top of it as well I will I um all that's the process all that's the process I just want to do do the main thing so I'm not any incompliance um okay all right well I can understand um your frustration with perhaps not wanting to put the grass you know seed down first but you know unfortunately the city code requires the ground cover you know it seems like as soon as you can get your gate permit figured out the sooner the better because then you'll be able to get that gate up and if you had that permit issued um code enforcements you know code enforcements a it's been issued no they no I mean I mean reissued you know so it's current whatever when I leave from here I'm going right back up there just to see what what they said they gave me they gave me the first permit they they they basically the first permit was granted when I came back after I went to court and all that and came back for the second permit so if the first permit was permitted there wouldn't shouldn't have been no reason for me to have to apply for a second permit if that was already so when I paid for it after I waited like I say up until two weeks ago they issued my check back and I I wanted to know why what was the reason if I had to wait and then you already had it pre-approved so they told me that the approve that approval that they just gave me for the new gate permit was for the first permit that they permitted so I'm like well why can't y'all just fix it if it's a discrepancy on your end as far as what gate permit was permitted the first and first and whatever is paid for it's a gate permit it's to the same property I used the same layout matter of fact they brought me the same exact layout that I laid out the first time and told them how I wanted the gate and Drew it they came with the same same layout this is this what you put I said yes right here said okay and that was for the new permits they done took it back so like I say I had I I think I left on your on on the voicemail that I've already put sticks in the ground because they told me if I didn't if I did that before the permit I would be fine $250 a day so he he say I I suggest you not put nothing so the reason me calling you was to let you know I already got sticks in the ground so I'm not fine for something already did for the when I had the gate permit same reason why the truck and the trailer has the equipment on it to finish it so now that Ena took that away by me not having the gate permit as you said the truck and the trailer have to be moved until the gate permit get permitted back then I could move forward with my process that's including ground keep grow I can't grow grass but however the grass and the rain and whatever and whatever I have to do to accommodate that to make that happen yes I I have no problem with that but the gate keep people from in and out in and out the grass will grow that to put in all the compliances with anything that I have going on as far as grass gate and people and you know it's I'm I can appreciate that you're going to I'm just chasing what I need to chase ma'am I can appreciate that you're looking to move forward to go up and get the gate permit I'm doing everything I could possibly to do just to make this go away yeah um because and you know it sounds like until you know well not sounds like it is until you get the gate permit issued you know every day that you leave those the truck and the trailer with the stuff on it is going to be a day that your properties are not compliant like I say he he he haven't had a chance to comply back to me yet I all I know is I was supposed to come to court and I had to wait here to see he could have said anything to me I mean as this is our first time seeing each other probably since what maybe like two weeks three weeks ago yeah so you know what I mean um do you still have the truck in the trailer with the stuff parked on it there now maam yes ma'am um okay because what that could be moved that's no problem but like I say it's me moving it then they get a gate permit permitted back then me take it back and move it back and then like I say any all the three of the codes all of that stuff goes away and I'm still I mean what's what's talked about here I can't change it because I haven't changes because I wasn't notified to have to change it until I come to court to see what I need to address now I'm here addressing it as far as the gate permit and as far as any code violation that I have like I say the gate will kill all of any violations that that that that's occurred or look like is occurring all the way up until currently now well you know and but at the point we're at now since it's not the first hearing it's the compliance hearing so you know I'm here I mean you could go right now and move your truck and your trailer off the property and then boom two of the three violations are rectified for now you know correct I mean as far as the installation of the ground cover that's a separate thing I understand that you may not you know want to do that until you have a gator offence in but the fact of the matter is is it is found violation not just cuz the fence ain't there I've been trying to grow the grass that's why it's not cut now I'm trying to grow it up and not just mow it soon as a little piece pop out so like I say any compliance with this code enforcement or the city of Titusville or whoever if I could get the gate that I keep people from driving walking through that'll let the grass grow any you could take 10 people and stand PE back and forth in between grass I guarantee you you'll see where they done walk same thing same principle all they got to I'm I'm here to comply that's that's all I know I'm here to see what I need to do to address whatever agenda the city has going on as far as the park as far as my property hoping whatever part or however decision they make at the park it inates with the idea I have to build on my property I hope all that can go in and make it beautiful same way how this the lady that was just here up I'm trying to do the same thing without like I say it's only me and when I have to go to doing this and doing that and doing that and what am I getting out of that it's not building anything it's is it's is basically I'm complying with the city and then I'm I'm I'm I'm complying with tpd even though this is is helping whatever situation they got going on because I mean anything that goes on as far as people my name get brought up well I mean and as far as today's hearing goes though I know you have a few kind of moving Parts if you will as far as whatever trespass issues you might have with you know people coming on your property and whatever issues you might have with t because but let me let me finish yes ma'am if but my purview today is limited to the scope of you know you were found last month to be in violation of these three code sections which are you don't have ground cover um you can't park the vehicle on the property with it not having the fence right now and that you can't have the outdoor storage which is the stuff on the trailer and those are the only three things that I can look at today and I know that you need the gate permit and that you're looking to get that figured out and that getting that issued will seemingly um easily at least solve two of the three code violations but I can't sitting here and in this hearing I can't do anything about the permit I can't do anything about people being on your property I can't do anything about the issues that may or may not be you know occurring with tpd because of trespassers or whatnot I can only look at these three specific code violations that have been noticed in that last month were found to be in violation and I have to look at are they in violation right now like were they still in violation you know were they corrected by noon on September 6th said absolutely not and then I just have to make the decision on this limited those three things well like I say I'm I'm I'm I'm here to figure out what I need to do and what I don't need to do M as far as my gate like I say you're not in control of that me either what I did have my gate permit so I was in not in violation of anything because I had my permit they just took my permit away so like I say far as me chasing trying to make sure this page and this right if the gate was there we wouldn't even be here because I would be atance with everything that I have going on grass ain't going to grow overnight no but like I say regardless of whether the gate is there or not I'm still trying to make the grass grow M as far as the vehicles that's a wham bam thank you ma'am but my equipment is on it to build my gate mhm but you can't build it until you have the permit well they just took away so this is what I'm saying I'm back to square one I'm not skipping over anything I know it back to square one so so like I say even in compliance with the gate permit that they just gave me all the violations that he put you got the gate there you could put this there you could do this they took the gate away so now I'm just left in the open with viol violations that's no and I can under I can understand your frustration with it I'm not frustrated I just I'm just that's that's it's it's it's almost like this here I take this hand and I need this hand to climb to pull me up as well and then I take this hand away is this is what it had me doing right now dangling and just hanging here trying to figure out which way to go only way I would know if I put this hand back up to hold me and that's where they at they done took the gate permit away so now I'm in violation I know I just had the gate permit so all these violations wasn't even that it couldn't even stand no I understand the situation I'm just back at square one and like I say I'm trying to work this out uh best way step that g permit because that's going to solve a couple of your problems ma'am the first step's definitely going to be seemingly getting that gate permit got go get it back again M so like I say all these all these the violations the three violations have they not took my gate perimeter way so I could do what I was doing I wouldn't even be here talking to you because I wouldn't be in violation of anything then I understand but I have no control over the G but this what I'm saying if it's it's it's almost like say if I had license well I got license let's say I got license and and and and the police pull me out and then he giv me a ticket for whatever whatever whatever and I got license then he see me again and he pull me over and this time I don't happen to be driving but my because my license are suspended he can't give me a ticket now so with me having to gate writing violations you can't rightfully write me a violation if I'm in standards with what I supposed to be doing so I'm once again I'm trying to put the gate even though you have no control and I have no control but I could show paperwork so if that's going to mitigate the time limit as far as the time between here and here and the time between this and that you can't take something away in the and when somebody is paid for and in the process of doing what they doing under did my part they gave me the receipt and everything now I mean and I don't know the circumstances under which the gate was that's why I'm here so I could figure out the circumstances of what is going on from what I had to what's occurring now I know but you got to figure that out with the permit office I already I can help him real quick the original permit of 2021 was was granted and approved but no action was taken within 6 months so it expired and that killed that permit okay you then reapplied in 24 and August the 19th they sent you an email and the planning text need to see updated plans to show fence height uh your side and rear setbacks and no higher than six feet and no W on the side corner yard setback except as not within 15 ft so they're actually waiting on you well I got like I say when I leave from here they got to tell me EX what you just read because only thing they said they I got a call we're send giving you back your money for what reason okay the first gate permit they said they they permitted me the first gate permit which is you say back in 2021 so the the one that I just submitted where where did that go you see what I'm saying so I'm I'm doing all the chasing racing and I'm just trying to figure out where I'm at because I'm trying to do what it takes to I don't want to be here I don't want I don't like being in no type of trouble I don't like no type of fins that's not how I live no I I'm trying to do everything correctively right but when something is taken away from me and now that like I say now that I have finds considering that I'm doing what I supposed to do I can't put a pole stick in the ground until I get gate permit so the gate permit was P permitted it was paid for but it expired for no action is what he no you know no ma' I I put in the gate permit before whatever tpd and whoever had going on on my property tpd corrected that when I came to magistry it was if I had to hat let me put the gate up all the extra in between stuff will be out there wouldn't be no reason to talk about it bring it up or associate with it they didn't allow me to do that put in another gate permit they said that the first gate permit that's what they uh that's what they allowed me to do they put it on the first gate permit the difference between the first gate permit and the second gate permit is what when you clearly have the same exact print out that I printed out the first time we went over this how far the gate is 10t from the road it could be this High it we went through all of this the reason they took the gate permit back puts me in violation of that so now I got to go back when I leave here and see what they got going on some what he what he just read me there kind of baby stpp me and make sure what I have to make sure they make sure right so we both on the same page but well from them doing that that still put me in clear violation of these violations which like I say the grass I'm still continuing to grow the grass regardless of whether the gate permitted out there because of the fact I ain't got the gate permit my trailer and my and my truck is a issue holding my equip my my things to put my gate up that's start that's that's being the issue and what was the third one third one was well actually the the trucks are considered outdoor storage because there's not an active permit and well as of now as of now it's not active permit because because the original permit was expired because of no activation but that's that means it's no longer good so you would not have one for that but the second permit has to be issued it was issu the second permit was issued and paid for well that said I'm telling you what if I could if I would have knew I would have brought the paperwork here so you could see it it was paid for that's the whole purpose of them issuing me my money back they just sent me a check that I just cashed the other day from them doing that you might not be aware he might not be aware but me doing all this running around back and forth trust me and believe I'm not going to sit here and lie to you again unfortunately it doesn't have one today and I don't know those circumstances but we will look into that no problem no problem we can walk over there like I said last yeah well from the first one the they they issue me a whole I had to go through the whole permit again and and rewrite everything to submit it right but the only thing we saw was the original permit of 2021 was was but I'm telling you that's in that's incorrect that's incorrect if did I just 2024 I just put in for a gate permit which they permitted me and then they took it away that's not my fault okay they haven't taken away it's still all under review well they sent me my money back so therefore I don't have just what I'm saying so we now we back to what you're saying I don't have no gate permit no more but that's not my fault I have to once again unforunately we're we're here today based on on last month and he can easily correct those two very quickly one he needs to definitely get with permitting and find out where that's at right and again we can work he can work through uh we do have the lean reduction requests we have all kinds of other things available too Mr pound and he can work with officer Le because no I mean as it stands today with the evidence before me there's no current permit for your gate you know and that's why there was a finding of violation last time as far as the um outdoor storage and then the inoperative vehicles prohib with um those vles license plac registrations no not my truck it don't I took it off I took it off um okay from the information that I have before me today to rely on as evidence between you know the testimony of you testimony of the city um the evidence that is um been submitted as far as the pictures you know I can see and you've stated that of course the vehicle's still there the trailer with the um fencing material and stuff is yeah it's on the back it's on the back of the truck and on the trailer MH yes ma'am and and the ground installation the ground cover hasn't been fully installed as far as there's not a bunch of grass out there I know what I saw the picture looks like most dirt it it ain't a bunch of grass but like I say that's it's it's been like that since I've been a kid not until I actually gain ownership of this property that I have all of these different issues as far as and and and if if if the truck and the trailer is not out there and I have no idea or have no no intentions on putting the gate there what would be the violations well would you still have ground cover violation on the rest of the property and if you were to seed and put ay on that that would I as far as like I say I can't grow grass overnight it's got to grow how it's going to grow I'm I'm addressing it but and we understand you're not going overnight with it but however if you SE it with hay to hold it on the property that that would get you in the I'm addressing everything everything is take out it's doing what it's doing but you got to realize people been driving over that for a long time we we we get we with my own hands because they back their St with my own as I said though if you put down hay and seed and verify that with officer Lewis that takes care of that because you may I have no problem doing you're making effort to the continued growth of one year I have no problem doing that would resolve that issue remove the two until you get your permit resolves that and then you have no issues with code all right I could I could I could correct all the all whatever little small issues there is moving it like I say me and him haven't had a chance to correspond back since the last time I think what I was over to cut in the yard at the end like I mean with the um you know especially with the clarification um from from code enforcement you know well yes you need to go get your gate permit figured out you know what I mean that's a whole different thing from here although it does affect the fact that your property is in violation it was part of I just I wanted to make sure I come to court and see what because like I say I missed it and I went over there and then when I came wasn't nobody here so I found out what I needed to find out to make sure I'm okay in the right place on time to see what was see what I need to address okay so all right what I'm going to do is I'm going to go forward with you know my ruling from today you'll I'll be writing that down you'll get the order and writing um but I mean as as far and it'll include in there you know how you can resolve the violations I I I know how to resolve it I you can put it in your notes that's that's that's that that's that's fine you got to listen to the lady but like I say all those little the the three things I could address like I say as far as the weed sees the the putting the head to try to try to help that's already been going on it ain't got nothing to do it rather I got a gator got not but as far as my vehicles and my trailer right there with my material on it that was the whole purpose of bringing my material over there so I could do what I do now like I say now that snatch the gate permit away from me I don't know if it has anything to do with the side parking that they're trying to build right there or not I I don't know I'm just I'm here I'm open ears and I'm I'm trying to comply well and I'm glad that you're actually um here on an agenda when you did see that there was a leon permit reduction application because that's kind of where you would go um you know to get the fines reduced if you wanted to apply for that once you're in compliance um because I think I've heard all of the information from everyone I have a understanding of what's you know going on as far as the ordinances that I'm looking at and whether or not they in compliance um well they were in compliance everything everything that we're talking about here was in compliance all the way up until they snatch the gate permit and that puts me back in incompliance so I have been complaining I have been doing everything that I supposed to do correctly all the way from sticking the first pole in the ground like I said if that gate permit wasn't paid for it wouldn't been no way I could stick a pole in the ground cuz they're going to charge me $250 a day I don't know about that but I I do I I have the paperwork to prove everything what I'm saying right here right now but like I say I could address any issue with code enforcement that's like I say I can't grow it overnight but it's it's growing and it's doing what it's doing I'm going to have to go get a little bit more grass seed a little bit more hay out of my pocket once again it's coming for me um okay well I'm gonna go ahead and move forward with stating uh my decision from today and then I'll draft an order that'll come to you in the mail right um and it'll include you know how to resolve the violations of these codes um you know I've considered all of the testimony and evidence um that's been presented um I I do find that um you know based upon the testimony and evidence that there continues to be a violation of the section 28-11 the outdoor storage and that's what's evidenced by the materials on the truck and trailer that's parked there to date um I do find that there's also the continuing violation of section um is it 3-73 the inoperative Vehicles is prohibited as far as the I'm sorry 13- 73 inoperative Vehicles prohibited um you know being that the registration is still not current on the vehicle that is there yeah I just took the registration off but like I say anything well with those three things I understand let me I can comply with those as long as you not impos no kind of fine or anything like that I could correct anything that need to be corrected well you got to let me finish cuz I'm in the middle of my order um and as far as the um section 30-35 A the continuing landscape maintenance required um there is a continued violation of that as far as there's not ground cover um installed on the property or enough graphs showing that there's consistent ground cover across the property um per the prior order the findings of fact conclusions and flaw and order that was entered um as a result of the August 12th hearing 2024 um I am going to impose the violations as were cited in that order but I will get to it as far as how to resolve them and then how you can reduce it in the future um so as previously ordered um as the property was not brought into compliance by noon on September 6 2024 um there is going to be a $100 per day per violation um fine imposed beginning on September 7th and that's that goes as to each the section 28-1 151 outdoor storage section 1373 in operative vehicles and section 30-35 A continuing landscape and and those will be imposed as of September 7th and they continue daily until the violations are respectively corrected as far as correcting the violations I mean it sounds as though you can immediately if you go move the truck in the trailer from the property and then contact code enforcement then you could show them that you're immediately in violation with those two and if you keep in touch with them about putting down the hay and seed and let them know that you've done that then they'll also let you know whether you're in compliance with that that's the the biggest key is going to be um it is on you as the property owner to stay in touch as soon as you come into compliance with those three things any one of them if you got you know you could it sounds like go getting compliance today by moving the truck and the trailer and then call them and say I moved it if it's not raining but as soon as you get them moved contact the code enforcement department and let know that because that is your obligation as the property owner um to do so so they can come by and verify oh look the truck's gone the trailer's gone then you're in compliance with those two things and then as far as bringing them back you know do what you need to do as far as the gate permit getting that issued goes to where you can bring them back and not be in violation as to those two things um once you come into compliance um with all three of them then you can submit for a lean reduction to the city which would just be an application to fill out and you would outline the facts and circumstances stating here's why I don't think my lean should be X dollar whatever it is at the time and then um you would come back to a hearing like this and me or whoever the hearing officer is would look at that like we did for the lady who's here earlier and go through factors that on city code and make a decision um well recommendation to city council and then they make a decision to reduce that and it's um incumbent upon you to you know come into compliance as soon as you can and then also you know advocate for yourself and petitioning for a lean reduction and providing facts that support that so you can get this any kind of aced fines you keep saying lean reduction like if if could correct these as of as of now knowing that I already had the gate permit which would make those actually not stick the ground cover like I say again Mr pouncy yes if you were to leave here get that squared away move those two I am I'm also go and get my papers today those two are gone so there's no F there okay if you call officer Lewis and you started laying seed and hay down tomorrow I've been doing and you get to him there's no violation so there is no fine however between now and the time that that orders to us the day is running but i' I've been well but not only on top of that is now that it's been adjudicated from this point forward anything of these three would be a repeat violation which means we can come straight to the magistr with it I don't have no problem with that but like I say well like I get you her make a ruling work with officer Lewis when we get done here and and we can make things happen for you you if you if you would yes sir uh come up there with me and and so you'll know exactly what's going on um well that actually kind of handles that as far as I had um you know already ruled as to the three sections that are in violation and the $100 per day commencing on September 7th and continuing daily until the violations are corrected and um verified by code enforcement so that's what the order is I'll draft it up and it'll be provided to you at the Queen Street address that you gave me um so it's going to be a fine post uh upon me today um it yeah as I as I stated you know it was previously ordered that it commenced on September 7th if it wasn't fixed by noon on September 6th so that's why I'm saying there there is a per day violation I understand that but like I say until I come to court I don't know what need to be what until I was address like you're addressing me now the previous call to him probably could have complied anything that need to comply me and him having talk everything is like I say is it could be done I don't need any thing opposed on me I have enough going on in my life right now like honestly like like you to tell me something if you say hey I need you to do this and do that yes ma'am no problem I could do that but to oppose me is like you're I'm in trouble and now I have to it's it's like a devil standard almost I'm already in trouble and then I have to do whatever it is to appease me not getting into more trouble I'm not financially able to take care of any anything I could I could I could what what I already just did as far as buying that stuff for that gate and getting I don't have any money for any other purpose honestly I don't that's why I can I can anything you say up here as far as my property goes those three things make the grass grow I could try getting the car mooth no problem uh what was the other thing well well the vehicles are going to take care of two of that's well just what I'm saying those are simple things that I could will be gone and then if you convince officer Lewis that there's enough grass seed and hay out there for so you called him tomorrow then that's done so you're looking at you be looking at it believe you said the s that was the prior order so that was what I had so there would be three days so $900 so you make application that you want $900 removed that the case will then come back in front of her she take all this testimony and whatever we find out from permitting and that goes back to ur make like I say I'm G say it again I don't have any Financial funds to be trying to appease certain little things I'm going to comply with what the city is asking me to comply with but as far as imposing a money amount I don't have it I'm I'm holding on I'm holding on a needle and thread honestly did um I'm trying to comply he knows this he could tell you he could tell you without me even having to say this this the order from the last hearing was sent to you at the 2975 Bill Street Titusville did you no longer my address that was that was the address me and my mother carried my mother's decease like I say I'm trying to I'm trying my best to do everything I need to do without a money being opposed I understand what he said but this could be handled without all of the Riff W I don't want to be back here a second time that's why I could correct what I'm saying right now that's the purpose of why I want him to go up there with me so he can see whatever going on and he they can explain to him or to the both of us kind of what goes now I would love your notes whatever you to try to make it comply with what you're saying and what he's saying because he's out in the streets he's streets maintenance I could comply with anything that you tell me I need to comply with without a money order being opposed on my property I don't have let me whatever the city listen whatever the city is trying to do over there with the park I want the city to keep that separate from anything I got going on because I can't compete with what they're trying to do as far as what I'm trying to do my gate permit was in now it's not when it was in I wasn't in compliance as you said I wasn't in compliance now that in Lifted the gate and took the gate permit from those days that's making me in compliance let me that's not fair that's that's that's not fair I'm I'm I'm I'm let me ask you a question yes ma'am um you know that 2975 Bill Street I mean they had sent it to that address because that's what's listed in the Property Appraiser's office so I want to mention to you that you need to contact the Property Appraiser's office and update your mailing address because under Florida statute they provided you notice properly when they sent it to that address right my my my that's my address is changed to the 102 so I'm I'm hearing what you're saying so I'm just telling you for the future it's under Florida law any any kind of uh notice that you're due in whatever kind of situation as a property owner if it's a statute that provides you know that someone can give you that notice to the mailing address in the Property Appraiser's office and they do so that's on you as the property owner to not have had that updated right so the city didn't have that address before so here's what I don't know why they don't because that's that's what I put on the new gate permit so there no reason why they can't tell me that they have that o o address on the new gate permit see this what I'm saying I'm I'm chasing let me explain yes ma'am it's in chapter 162 of the state law is the code enforcement statutes and that's what governs the code enforcement department how they send out their notices they have to comply with that statute which they did by looking up the Property Appraiser's address and finding that 2975 Bill Street and sending it to that they don't have to know or check with the building permit department because that would just I mean the whole point of the law is to have it uniform as far as how you know code enforcement has to send out their notices but you know the hearing's not over and I'm not sure whether or not the city objects to it but I think what I'm going to do is um you know today's the I understand that you're trying to get this resolved okay I'm so today's the 9th I'm going to change the date where the phone fine um is imposed like I say if you give me a couple days to correct whatever until they get the gate permit back and I do whatever try work that's no problem I have problem be fair and help I mean because the city is doing they did what they were supposed to do under the law you know what I mean but I understand you're trying to just you know let me finish I understand that what you're trying to you know do is figure out a way to get your property in compliance um I want to let the code enforcement officials speak because I think did you have something to say no ma'am I think I know where you were going and we would be fine with that okay um I'm going to um see my only issue is whether that's going to make them have to come back if I extend the compliance date to say is it I'm looking at my calendar to see the dates okay it shouldn't be no reason I mean if you if you put in whatever however you just let me there's a whole process that we're trying to work through statutory wise with the timeline and I'm trying to help no I I was I was saying however you do that I still got to get in touch with him so yeah you I mean it's just trying to extend the date a little bit for you yes ma'am um if um and this is question for the city um yes so Mr tson if I um extend the compliance date to this Friday the 13th right yes ma'am um and then I'm doing my order I'm finding that as of September 6th at noon you know the violation date um that the property was in violation still um but what I'm trying to do is um essentially give you until the extended date of September 13th to get it into compliance um and if you do not that the um order would impose as of September 13th the $100 per day per violation as whether it's compliant or not and can we have the city you know can you all just submit an affidavit as to that yes yes ma'am officer on the 13th well on the 13th inspect the property and meet with Mr pouncy and provide an affidavit as to whether it is or is not in compliance at that time because then as far as my order will go you know if there's an affidavit that it's not in compliance or it's not in compliance with one of the three or however it turns out um then that order can be you know recorded yes and then that's a lan so okay that's how I'm going to write it up yes ma'am thank you um so I'm extending the date until September 30 13th excuse me this Friday I thank you so much um and trust me I I'll get it in compliance I have no issue whatsoever okay so it's September 13th or as stated $100 per day per violation you know so um it is um and I'm doing this you know really trying to help you with the situation so please make sure that youon let stay in touch with them I just don't want you to get a fine and a lean like I say me we we run into each other kind of frequently it just we haven't we haven't talked since then since you know so I mean and then I know I had to come here of course which I I explained to him I had to come to you know come to code enforcement Court anyway so like I said until I get here I don't know exactly okay but if they submit an affidavit saying it's a non-compliance then my order can be recorded okay and then that's that okay all right that's it for this hearing then thank you okay and just make sure youall have each other's phone numbers yeah whatever you need to do to get in touch your your number oh 32 56 3770 3770 yes sir I'm at the office okay okay I got you what's your name and then we still have one initial hearing on the agenda correct we got one initial case and this case number 24- 93 um officer Wright has this case and the tax ID number in this case is 22810 but it's actually a very large lot that had U multiple partiel IDs okay I did see that have a nice day um okay and then just you'll be here through the end of the agenda correct um I just have something wholly separate to discuss after the hearings oh I just want to make sure you weren't going to handle that too or whatever okay thank you okay thank you for your patience off absolutely I've got uh three exhibits to submit uh the first is the notice of violation and affidavit the second is the notice of today's Hearing in affidavit and the third is the cost recovery statement in the amount of $63.75 great thank you okay this was about the pocket park Mr pouny was all right go ahead I apologize no worries please all right so once again this is the initial hearing for case number 24- 93 our respondents are dwb developers Inc that is our listed property owner um also the registered agent um so Corporation our violation address uh it is a undeveloped piece of property 221 810 our partial ID is 22 3529 AV star uh 6.02 this is on Louisiana Street in Titusville Florida our mailing address is 846 North Coco Boulevard sweet C Coco Florida 3292 2 that is for our listed owner in 6905 North Wickham Road s 404 Melbourne Florida 32940 is for our registered agent our uh violation section is 6-19 subsection 302.4 for overgrowth so our initial inspection was June 20th 2024 our compliance date was July 5th 2024 the certified and first class mail was sent to the listed owner and registered agent on May 3rd or July 3rd 2024 uh the certified mail for the property owner was returned vacant unable to forward on July 12th 2024 but the registered agent did sign for their certified letter on July 10th 2024 our notice of hearing was posted at City Hall and on the property where the violation exists on August 27th of 2024 uh certified mail was sent on August 8th 2024 uh the property owner certified mail was returned uh vacant unable to forward on August 10th and the registered agents letter was returned unclaimed on August 30th 2024 so I was completing an inspection on an neighboring property and observed the weeds and grass on the vacant lot um over 12 in in height uh not notice of VI violation was posted on the property when I reviewed my case notes on July 3rd I found that the notice of violation had not been mailed I did a reinspection of the property confirmed no work had been done to correct the violations and mailed out the certified um notices uh there has been no contact with with the registered agent nor the owner of the property quick question as to the PowerPoint it says no contact with new owner do you just mean the owner yes um I I've this property every two months I'm out to Reen notice um so in U March of this year there was a different owner okay just wanted to make sure that I understood Y no this is current o owner okay is dwb developers Inc got it uh so on July 15th um I went back out to do a reinspection uh there is a sidewalk installed on the um along Louisiana Drive the area between the sidewalk and the road surface had been cut um but the rest of the property had not been um currently um when I went out there today again the overgrowth has not been addressed um and the weeds and grass are growing up again so 302.4 weeds and grass that's our ordinance section so this property like I said it's a undeveloped track of property other than a sidewalk has been installed which is utilized by the neighbors um and we do have a um occupied residents at 2140 Louisiana Street which is the property um to the west of the vacant Lots so the blue house you see in the picture is 2140 our grass and weeds along their fence line and along their property are several feet tall I could see that it looks like they're as tall as the fence yes um so the area between the sidewalk and the street it is my understanding um different neighbors cut it back at different times because they're the ones walking their dogs and utilizing the sidewalk um the grass um interior of the sidewalk is what um remains in violation as of the 15th so on August 27th when I went to post the property um there had been some mowing done um to the interior of the sidewalk again the area between the sidewalk and the streets been maintained by neighbors but it just appears that they sent a mower down did a couple swipes with the mower they did not do anything to address the overgrowth along the occupied house so in conclusion the weeds and and grass on this faken property are over 12 in in height um remains a violation so what I'm requesting on this um faken property is that the first 25 ft along the sidewalk of the property are maintained as well as the 15 ft along the occupied property of 2140 Louisiana um to provide some relief um I'm asking that they do this honor before October 11th 2024 I am asking for administrative costs in the amount of $163 75 and if they do not comply by October 11th um requesting $100 per day per violation okay so just to be clear um it's the city's position that the property is in violation because of the weed and overgrowth which remain um clearly above the 12in threshold and in order for the property to um be considered compliant by code enforcement they need to mow can you put that slide back up about the 25 ft and the 15 ft yep thank you you need to let's see remove all weeds and grass over 12 [Music] in from the first 25 ft of the property so first 25 ft to the roadway so their property line starts interior of the sidewalk so I'm asking that first 25 ft up to that sidewalk and to be maintained okay all right so that 25 ft from the sidewalk I'm going from Louisiana Inward and um of course the strip between the sidewalk and the road also needs to be mowed yes and then I'm asking for 15 feet um along the adjacent property line with 2140 Louisiana Street 15 ft along the 2140 Louisiana Street property line okay got it um okay and all right I've heard the testimony and accepted the evidence and unless there's anything um further I'll go ahead with my ruling for the record there's no one remaining in the audience so no respondent has appeared for today's hearing um okay I've accepted all testimony and evidence um in relation to this matter which involves tax ID 221 18100 in Titusville Florida um also known as tax parcel ID number 22- 35-28 01-28-20 um I find that all notices were appropriately provided for this hearing and I do find that the subject property is in violation of section 6-19 subsection 3 302.4 weeds of the ipmc um which is the 2018 version of the international property maintenance code um I find that the subject property um is in violation and that the did you give a date uh October 11th okay and that the property um must be brought into compliance by October 11th 2024 or a daily fine will be imposed um what was the fine amount I don't have that screen in front of me now I apologize it's okay um $100 per day okay that the property must be brought into compliance by noon on October 11th 2024 or a daily fine amount of $100 per day will start on October 12th 2024 um also the city's um hard costs which are shown by the cost recovery form accepted into evidence um in the amount of $63.75 are hereby imposed okay and um that wraps up this hearing and I believe everything on the agenda correct yes ma'am okay uh thank you then we are um adjourning the hearings at 3 354 p.m.