nature. While formal rules of evidence do not apply, fundamental due process will be observed. Everyone with the case today will have the opportunity to present testimony. You may present evidence or call witnesses to testify on your behalf. Please note that there is no public comment portion during code
enforcement hearings. To speak on a specific case, you must either be the respondent or a witness called to testify. Everything said today will be recorded. All testimony will be given under oath. When you are sworn in, please state your name and provide your current mailing address so we have an updated record for sending any orders.
The city will present its case first. Information may be displayed on the screens and documents may be provided by the city as evidence. The city's PowerPoint presentation will also be entered into evidence unless there are objections. After all evidence and testimony have been presented, I will
make a ruling. My ruling will be reduced to writing and mailed to you. At this time, I'll swear in all witnesses. If you intend to testify for your case, please stand and raise your right hand. Do you swear or affirm to tell the truth, the whole tray or affirm that the testimony you're
about to give is the truth, the whole truth, and nothing but the truth? Yes. Thank you. You may be seated. Um, we go ahead move to the minutes from last uh month's uh uh code enforcement hearing. I I actually did see a few
minor typos. Um, if we can make a couple changes. I think on the first page it notes that the uh March hearing minutes were approved by special magistrate Fong. It should be me obviously since I did it. And then on the last page, just
a just a tiny typo for um the the very last one, it just says um the magistrate may impose a fine in the amount of $100 per day per violation commending June 7th. It should say commencing. That's all. Um I'll go ahead and approve the
minutes subject to those changes being made. Okay. And then um we'll go ahead and move to the hearing portion of the agenda. There are uh several initial hearings. I
understand these are all business tax receipt matters. Um we'll do things a little bit differently if that's okay with you. Instead of having officer Jim and Officer May go back and forth. I think you have a couple and she has a couple. if you just want to come up do all yours you know uh provide all the
information and she can do the same thing and at the end and you know in the exercise of efficiency I'll give the kind of the findings all together but you know I I'll list out each one uh specifically when I do um it might make it more difficult when putting the minutes together but you know as opposed
to reading the same script I mean it's all the same uh for each of these so right and again the these won't have a second hearing these are one one and over okay all All right. So, um, is someone coming or possibly? Let me
double check. Okay. All right. Uh, so I guess Officer May is first. Um, yep. You want to go? Let me know which ones on the agenda are yours. if you don't. All right. So, it's going to be case
25-35, Walkabout Ministries. Mhm. Case 2590, Reviv uh Exterior Cleaning, and 25-104, Christ Community Presbyterian Church. All right, let me hold on. Give me one
second. Let me make sure I put this aside. Sorry, my hands are really dry because of the rain. So, trying to All right, you can go ahead. Okay, so uh our first case is
going to be uh 25-35 Walkabout Ministries. The uh violation address is 801 Orange Street. Um I do have three items or three exhibits to submit. The first is the affidavit and notice of violation.
The second is the affidavit and notice of hearing. And the third is the cost recovery statement in the amount of $146.14. Thank you, sir. Okay. So, I I guess what what information
would you like? Do you want um you know, I'm curious if there you've had any communication with them whatsoever, any attempt by them to contact you or Yes. Um, so I've been working with uh one of the directors uh
Dustin Sans. Um, the last contact was honor about the 25th of April. Um, they had submitted an updated BTR application um to address some of the planning issues or issues the planning department
had pointed out. Um, I did confirm that the last review um by the fire inspector was completed this morning. Um, but they are operating apartments at this time without a BTR being issued.
All right. I mean, yeah, we've we've received all these documents beforehand. You know, I did take a look at them prior to and, you know, everything does appear to be in order. Unless there's anything else specific or unique to this, we can move on to the next one. I just need to double check the amount that's
um the total amount due for the um BTR fees are going to be $75 versus the $50 that was in the uh recommended action for you. Let's change to 75. Yes, sir.
I'm sorry, 65. I apologize. Okay, your honor, I'm waiting for the fire inspector to do their approval for this. They said they were out there today. I'm assuming the fire fee would be $50. I don't know what the fire fee is yet at
this time without their approval what their inspection fee will be. It's usually 50 or $100. M okay. And the $15 application fee. Okay. They are exempt um from having the So what is the is the city's recommendation then to enter an
order now for 65 at the moment or Yes. Okay. All right. Okay. Great. Thank you. Okay. You want to move on to 2590? 2590. Uh, revive exterior cleaning 835
Cleveland. Thank you. So on this one, I have uh spoken with both uh the owner of the business uh Nick Orbano or Nicholas Orbano as well as Nicholas's father to follow up on
what they needed to do. Um both have indicated the business is active though there may be a address change coming but as of right now all of the state um documents reflect the 835 Cleveland Street and the business is active.
Okay. Nothing further on that one. Okay. And finally, this is 25-104, uh, Christ Community Presbyterian Church, um, 4295 Garden Street.
Thank you. My last contact was with the assistant pastor, Steve. Um, concerning the fire fee that's owed, it is um $100 that is owed for the fire fee only. They are exempt from all other
costs for BTRs. Yes. Haven't paid. They uh what I understand when they sent in the check for the fire fee, they added a late fee which is not required on the fire um fee that's due and the check was uh
returned, but Miss Lori Roberts can answer those questions a little bit better. Yeah, sure. We did receive $125 check that we weren't able to accept. Okay. We sent it back in a letter letting them know um that they only owed the $100. I believe
the letter is dated March. Okay. Okay. All right. Sounds good. But so the recommendation is still that 12853 plus $100 though in total. Correct. Because the 125 couldn't be cashed or correct. They can't accept overpayment. I see. I see. Okay. All
right. Thank you. All right. Officer Jim, what do we got? Did you Did you want the affidavit or you said you had the affidavit? They sent it to me ahead of time. So I I generally have it anyway, but you if you have them all, you can give it to me.
That was I mean it's not a big deal. Uh the first one I have is 2538 Palmetto Ridge Estates. And I have the affidavit of violation, affidavit of hearing, and the cost reimbursement.
Um, this is a an apartment complex. I went to the office, made them aware twice, including given the posting about the violation notice. They were supposed to send it to corporate. Um, as of today, they still haven't gotten anything. So, it' be the city cost of
$146.14 and they owe $1,468 for a total amount of $16144 due on the BTR renewal. Okay. And the next one 2550 United Christian
Fellowship. Same thing. I have the notice of violation affidavit violation of hearing and the cost reimbursement recovery. Thank you. Uh this is a church. Same thing. The cost affidavit is $146.14.
They owe $50 for the fire fees for a total of $196.14. And I've had no contact with them. I know the postings I after I did the postings and everything, they've been removed. So, someone had taken me. Okay. 2551.
I have 2551 Infinity Affairs. Sorry. Uh, this is Infinity Affairs venue, 3550 South Washington. I have the notice of violation, notice of hearing, and the cost of recovery. Uh, the cost was $446.14 for our recovery, and they owe
an outstanding $254.75 for the BTR for a total of $400.89 due. Uh, when I did the posting, I talked to the management. They haven't had any contact with the business. They don't even know if they're still in business, but all their equipment and everything's still inside the suite that
they're running. Okay. And next one is 2565. Mhm. LBJ Services. Uh this is a landscape company, 60 North Christmas Hills have the violation, notice of violation, notice of hearing, and the
cost recovery affidavit. Um, they owe $68.25 for the BTR and a city cost of $181.36 for a total of $249.61. I actually had contact with them, informed them of the violation of
the BTR while I was dealing with other violations on the property. Um, posted the property and everything and just haven't heard anything back from them as far as renewal. Okay. The next one here, 2567, which is Nicole's appliances. I
have a notice of violation, notice of hearing, and the cost affidavit. Um, this one has the city cost of $216.58 in the BTR amount. What? XXXL. He is, your honor, he is operating
without a business tax receipt that hasn't been approved by staff at all, planning department, building department. So, I don't even know what the fees would be at this time without those approvals. He is operating the business without the business tax receipt. I'm not really sure what the fees will be.
Uh, is this something that occurs on occasion or has this happened before or how do you usually deal with that? I'd hate to enter an order saying that it's subject to change depending on the amount. Uh well, your honor, if you could just can is it possible to assess
the fine for operating without the business tax receipt for the code violation and not um assess the fees for the business tax receipt at this? We're just at the business tax receipt right now. So I think yeah that's the only thing I can there is a code requirement that states
that a business tax receipt is required and this business does not have one and is operating without one which is what the development specialist has attested to. And so it would be that code requirement to obtain that receipt that
has not been met, which would be ordering the business to come into compliance by a set date in the future and then bringing them back for a Massie hearing in the future. Okay. Thank you. I'm going set this one aside. This
one sounds like I have to do a little bit of a different ruling on this than some of the other ones. But yeah, this one, if you need to know, this this apparently is been going on for years with that place having a business tax receipt. Um, and I have 25-113 quantum construction. I have the
notice of violation, notice of affidavit, and the notice of hearing for today. Um, the city cost is $163.75 and the tax receipt is $37.112 that is due for a total of $470.87. Um, other than the postings,
I've had no contact with these with this company. I do know that when I checked Sunbiz this morning, as of April 30th, 2025, they renewed their state license and it has that same address of White Sands. Okay. And the last one,
25127 Show Enough Sugary Cakery at 3, I'm sorry, $839 Gibson. Uh, the city cost is $12853. The BTR fee that is due is $136.50 for a total of $26,5.3.
Um, when I went to the Gibson Street address, I did talk to a gentleman who said it was his niece's business and he would provide her the information. When I looked this morning, I did see that there was a renewal done through Sunbiz as well on April 11th for that
business with a different address on David Street, 2165 David, but she should have been notified as well. Got it. All right. should be all we have. Yes, sir. Okay,
one second. Me organize here. Um, okay. So, I'm going to go ahead and uh issue the ruling on all of them except for 2567 kind of conjointly. Um, just because it's going to be the same
for for all of them. Um, for the record of I have accepted and considered documentary evidence, including photos, well, not photos, uh, sworn testimony relating to matter from city staff. I find that the following respondents are the owners of the following properties. Uh, Walkabout Ministry, Inc. at 801
Orange Street, Palmetto Ridge Estates at 1202 uh Prairie Lane, United Christian Fellowship at 609 Dummit Avenue, Infinity Affairs Venue at 3550 South Washington Avenue, Sweet 16, LBJ
Services LLC at 60 North Christmas Hill Road. Uh Nicole's Appliances by Danny at 3304 South Hopkins Avenue. Um, Revive Exterior Cleaning at 835 Cleveland
Street, Christ Community Presbyterian Church at 4295 Garden Street, uh, Quantum Construction at 2050 White Sands Drive and Showoff Sugars
Cakery at 839 Gibson Street. Sir, yeah, you mentioned Nicole's appliances. I don't know if you want to do that separately. Oh, I'm sorry. Not Nicole's appliances. Sorry, I just kind of kept reading. Scratch that. All right. All of them except Nicole's. I find that all required notices were provided in
accordance with chapter 163 Florida statute and city code and notice was met for this hearing. Based on the evidence presented, I find that each of these properties have violations of section uh 11-31 of the city code, which is
regarding business tax receipts and/or fire inspection. Um respondents were given a reasonable amount of time to correct the violations but either have failed or refused to do so. Um the corrective actions for these violations shall be to pay their business tax
receipts and as well as the costs incurred by the city. So let me just read each of those out for the record so we have it. Um and that's just going to change up the order but you know whoever's drafting the minutes I hope I hope you got. walkabout ministry is going to be
assessed. Um I have to do math. So $146.14 cents for the city's cost plus an additional $65 which would take us to a total amount of
$211.14 for the business tax uh receipt renewal. Okay. Um, Revive Exterior Cleaning will be assessed uh cost city's cost of $146.14 and
$136.50 for a total amount due of $282.64. Christ Community Church um will be uh uh uh assess the cost the city's cost of $12853 and an additional $100 for the total of $22853.
um Palmetto Ridge Estates. Um the city's costs are $146.14 with an additional $1,468 for a total of 1,6144. Um, United Christian Fellowship. Um, city's costs are
$146.14, an additional $50 for a total amount of $196.14. Um, Infinity Affairs venue. Uh, city's costs again are $146.14 with an additional $254.75 for a grand total of $400.89.
LBJ services. Um, city's costs are $181.36 with an additional $68.25 for a total of $249.61. Um, Quantum Construction $163.75 for the city's costs and an
additional $370 $37.12 for a total amount of $470.87. And finally, show enough uh sugars with $12853 for the city's cost and $136.50 for a total amount of
$26,53 for the business tax receipt renewal. Um make sure you don't give them time to correct the violation. That's just due immediately, right? So those all the offer set amounts are due immediately. Uh responders shall uh pay and notify code enforcement um who shall then
confirm the status of violation. Um further and future violation of the same sections shall be classified as a repeat violation. A certified order may be recorded for each of these uh matters in the public records of Bvard County. It is so ordered. Um the one I set aside
accidentally mentioned earlier uh 25-67 Nicole's appliances. Let's go ahead and uh rule on that as well. I've accepted and considered documentary evidence including photos or including sworn testimony relating to this matter from city staff. I find that respondent
Nicole's appliances by Danny is the owner of the property of the address of 3304 South Hopkins Avenue in Titusville, Florida 32780. I find that all required notices were provided in accordance with chapter 163 Florida statute and city code. A
notice was met for this hearing. Based on the evidence presented, I find that violations of section one uh 11-31 of the city code, which is regarding business tax receipts and fire inspection, exist upon the property and respondents were given a reasonable amount of time to correct the violations
but either failed or refused to do so. Um we find that the business is operating without a business tax receipt at all. Uh the corrective action obviously will be to obtain that properly. Um and also uh the city has incurred costs in the amount of
$216.58. Such amount shall be included with this order. Uh responded shall be given until well we won't be having another hearing for uh in June. So should we give them 60 days or do you want to just or would the city recommend?
Well, we will have a hearing June 9th. All right. Ryan will have to do it. That's right. I I won't be there. Yes. June 9th. All right. So 30 days is that what the see? Yes. Or June 9th. Okay. Respondent shall be given 30 days to correct the violations. Uh respondents
shall be responsible for noting the notifying the code enforcement officer of completion of such corrections who shall then confirm the status. If respondent fails to correct the violation by June 9th, a fine will be entered in the amount of $100. Does that sound fair or that's
u I was thinking 200 considering he's consistently not had a BTR. Okay. I think 100 is reasonable. Well, I'm going to say 200. Um a fine will be entered in the amount of 200 um if the property if it's not brought into
compliance. Further and future violations of the same section shall be classified as repeat violation. A certified order may be recorded in the public records of Bvard County. It is so ordered. Um yeah, I think that's it for for all of these. Correct. Um so all we
have left is I think uh manager's report if there's anything uh no report. Um we look forward to seeing you back in July. All right. Thank you. So then we are adjourned. All right.