WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=8fd12nWt188

NOTE
MEETING SECTIONS:

Part 1 (Video ID: 8fd12nWt188):
- 00:01:47: Introduction and Procedural Explanation by the Magistrate
- 00:03:03: Agenda Changes: Pulled Cases and Order Request
- 00:04:47: Case 26-76: GT Thrifty - Notice of Violation
- 00:06:45: GT Thrifty Owners Address Business Tax Receipt Issue
- 00:09:59: GT Thrifty Process Clarification & Order with Extension
- 00:16:40: Case 26-101: Cohed LLC - Business Tax Receipt Issue
- 00:19:27: Multiple Business Tax Receipts Violations Heard Together
- 00:19:52: Case 26-35: Sweet Liybug LLC - Business Tax Receipt
- 00:23:56: Case 26-42: Bethany Livingston LMHC LLC - Business Tax
- 00:26:15: Case 26-45: Florida Classic Customs - Business Tax
- 00:28:27: Case 26-63: Integrity Title LLC - Business Tax Receipt
- 00:30:15: Case 26-99: Lenovation LLC - Business Tax Receipt
- 00:32:31: Case 26-104: Premium Investment - BTR Filing Started
- 00:36:14: Afternoon Session Introduction and Non-Compliance Hearing
- 00:43:25: Case 26-15: Non-Compliant Property - Continued Violation
- 00:47:17: Case 26-107: Del Ray - Tree Removal Permit Violation
- 00:52:30: Del Ray - Tree Removal: Respondent's Explanation
- 00:54:51: Del Ray - Tree Removal: Violation and $5000 Fine
- 00:59:29: Case 26-108: Hope Community Fellowship - Tree Removal
- 01:04:09: Hope Community: Safety Concerns and Fine Reduction
- 01:15:30: Meeting Adjourned, Manager's Report, and Payment Issues


Part: 1

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This is a different microphone. All right. All right. Uh, thank you everybody. Good afternoon. My name is Don Wyn. I am a Florida bar license attorney specially appointed by the city of Titusville to serve as a magistrate. Uh, these public hearings are quasi judicial in nature. While formal rules

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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 also present evidence or call witnesses to testify on your behalf. Please note there is no public comment portion during code enforcement hearings. To speak on this specific

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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. Um customarily the city will present this case first. Information will may be displayed on the screens and documents may be provided by the city as evidence.

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The city's PowerPoint presentation will also be entered in evidence unless there are any objections. After all evidence and testimony have been presented, I will make a ruling. My ruling will will be reduced to writing a mail to you. Uh at this time, I'll swear in all witnesses. If you intend to testify for your case, please stand and raise your

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right hand. Do you swarm or do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? >> I do. >> All right. Thank you. You may all be seated. Um and uh I think we have some

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changes to the schedule today. Yes sir. Uh the manager has laryngitis at the moment. So I'm going to go ahead. We have a couple of them that are pulled, sir. >> Okay. >> Uh from today, >> let me grab the agenda. All right. >> All right.

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>> Let me know when you're ready. 2643 has been pulled. Titusville Square. >> Where is Give me one second. Titusville Square, you said. >> Yep. That one's been pulled. >> Okay. >> Uh 2644

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JCLB. They paid. That one's also been pulled. >> Mhm. >> You can go. >> Yeah. >> Okay. I'm sorry. 2662 Air Jam Construction. They paid. >> 2671, the glass slipper. that's been

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pulled as well. >> Okay. Um 26 >> 72 also same grass slipper it's a different but yeah >> right >> um 2674 2682

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2685 and 26106. Great. All right. >> Those have all been pulled and we have two representatives from two of the businesses here. >> All right. >> That would be for case number 2676. >> Mhm.

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>> And 26101. We would just like to request to have them go first. So, >> of course, let's start with 26-76, which is GT Thrifty at 4519 South Hopkins Avenue. So I have three items uh to submit. Uh

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the first is the notice of hearing and affidavit. The second is the notice of violation and affidavit. And the third is the cost recovery statement in the amount of $136.28. Give me one second. >> All right. Go ahead.

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>> Okay. Uh so the notice violation was posted at the property March 5th, 2026. The notice of violation and the notice of hearing were mailed um certified in first class on April 3rd, 2026.

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Uh the notice of hearing was posted at city hall and handd delivered um to the owners on April 29th of 2026. Uh so as of right now an application for the business was received by development

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services on April 28th. Uh we do have approve uh one of the approvals completed but building and fire have yet to do their review and approvals. And I do have the owners here. Um I've

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been in contact with them and they also came today. Hello. >> Hello. Can you go ahead and both state your names and your mailing address for the record? >> Okay. I'm Quintica Thorne. Um, the mailing address to the business or my home? >> Say again. Sorry. The >> business or my home?

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>> Uh, your mailing address. >> Okay. It's 4001 Great Pill Street, Coco, Florida, 32926. Marll Thorn 401 Great Pill Street, Coco, Florida 32926. >> All right.

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>> Okay. So, um we have everything well we are getting everything lined up being that um we are requesting asking if we can have more time to get everything in. All the paperwork we we need to have in we have been working on it. Um, being

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that the awning fell on the building, so we're not operating or open and being that we do need a BTR, so we're not open and operating as of now. But, um, we are asking if we can have more time to get everything we need submitted in.

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>> How much more time are you looking for? >> Um, >> hopefully. >> It's not even up to us. actually is up to the >> city code >> the city because we're we're applying with everything they're asking and like the fire they we had an inspection by the fire inspector.

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>> She came out and she had us to get a fire extinguisher. That was the only thing that was a problem. We got that with the date on it, but that was it. She haven't came back out to see that. >> So, um >> have you been in regular communication with Officer May here?

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>> Yes. >> Yes. What are they waiting for exactly from the city? Just the permits from the >> They need the uh fire uh inspector to um complete their inspection and approval in the system as well as building has

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yet to complete their review and approval in the system. Um how long I don't have an estimate on that. came out. >> The fire um so what I understand the fire inspector was out in February, but

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their application did not get submitted to the city until April 28th. So I don't know if it's just a documentation thing that hasn't happened or an update that hasn't happened. I can't speak before another department.

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>> While I am sympathetic, so right now the business is just not operating at all. What kind of business is it? It's a thrift store. >> How long have you been closed? >> For about two weeks, maybe.

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>> Would you guys mind talking into the microphone? I don't think Yeah, >> about two weeks. >> Okay. So, you've been closed for two weeks, but again, I'm not trying to be be difficult, but that's not really related to the payment of the business tax receipt necessarily, right?

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Say it again. >> No. >> And there's nothing that necessarily prevents you from paying the business tax receipt not being open. Is it just a purely a financial concern? >> It's not a financial concern. No. >> Like we can we can pay.

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>> Yeah. >> Sir, if I can clarify. Yeah. >> When they first opened, they had I believe they had registered with Bvard County. They were not aware of the city. >> Okay. >> Until I left the notice on their door, they did not realize. Now, granted,

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that's not in their defense, but I they became aware of the city license back in March when I handd delivered a notice of violation >> or I left a notice of violation on the door. >> I mean, I'm not inclined to penalize these folks in any way, but at the same

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time, I want to make sure we get the business tax receipt paid. Um you guys are now familiar >> with the process and everything like that. >> Um what is the city requesting exactly as far as timeline? Anything? Yeah, we don't do too much of these. So I was

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looking to see if there's a recommendation or anything. That's >> so um >> if we're issuing an order today, we're asking for the city costs. Um the BTR fees are $124.20

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and the administrative costs in the amount of $136.28 with the total amount due being $26048. I only pause just because the administrative costs are more than the business tax receipt alone would have cost you guys. Um, and that's not

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the city's fault necessarily. I'm just trying to >> figure out at what point did you guys find out that the business tax receipt was due? Um, was >> it was when the fire when the fire inspector Yeah. >> came out. Yeah.

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because we told her we had a business text and she was like, "Well, you need one for the city as well." And that's when we found out we needed both. >> How long has GT Thrifty been in business? >> A few months before we found >> Oh, okay. So, just new >> be

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>> We did We went to >> That's the county one county. I don't mind giving you guys additional time to pay. Um, as in like 30 days or whatever to pay. Just trying to figure out what to do with the cost recovery.

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Basically doubling the amount. Um, I don't think I have really any avenue there to reduce those. Those are hard costs that are incurred by the city itself. um unless the city's willing to reduce those. But otherwise, I'm inclined to just enter the order for the business

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tax receipt plus the administrative cost just because that's the way things line up. >> That would be with an extension. >> Yeah. I mean, what 30 days to pay or Yeah. Is it usually immediate is what we look at.

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>> Immediate in one sense. >> Payment otherwise. Yeah. Otherwise, the fine would start being acred, right? >> Yeah. It's kind of strange because these aren't daily fines either. >> Yeah. >> But yeah, I I do want to give you guys ample time to pay. Um so, um we'll go

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ahead and enter an order. Again, you know, we'll give you 30 days to pay. Uh but you will owe what is it? 126 exactly. What was the business tax receipt amount? >> Uh the business tax receipt amount is second page. Uh $12420.

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Okay. I've accepted and considered documentary evidence and sworn testimony relating to this matter from city staff. I find that respondent GT Thrifty. Is the owner an operator of the business known as Oh, I'm sorry. Is is the owner Marll Thorn and Quinn Chica Thornne or

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is it under an LLC or >> No, no, so proprietor. So, >> okay. Got it. All right. So, I'm sorry. So, I find that respondents Marll Thornne and Quinchica Thornne are the owner and operator of the business known as GT Thrifty located at 4519 South

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Hopkins Avenue, Titusville, Florida 32780. I find that all required notices were provided uh and notice was met for this hearing and that the respondents were present. Uh based on the evidence presented, I find that respondents have failed to obtain or renew a business tax

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op receipt for the operation of the business as required under city code and that uh I find that the city has incurred costs in the amount of $136.28 and such amount shall be included with

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this order. Uh respondents shall be given uh 30 days from the date of the order to obtain a valid business tax receipt and come into full compliance. Respondent shall be responsible for notifying officer May or the code enforcement officer upon completion. He shall then confirm the status of

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compliance. If the respondent fails to obtain a business tax receipt by that date, what is the date? 30 days from actually not from the date of the order, the date from today. So that is the 9th. June 9th.

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>> That's correct. >> Yeah. If the respondent fails to obtain a business tax receipt by June 9th, 2026, a fine will be entered in the amount of $250. Um, I don't want to do it per day. That's what the That seems excessive, right?

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It's just a $250 onetime fine or Yeah, >> that would be up to you. >> Yeah, I think per day is a little excessive. $250 fine uh uh if it is not paid by that date. Uh a certified order may be recorded in the

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public records of Bvard County. It is so ordered. Thank you all. Appreciate it. >> Thank you guys. >> That's it. We will we will mail you a copy of this order. >> Yeah. Sorry. It's like $50 for a day. Yeah.

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>> All right. Okay. All right. Who is the other? Oh, this is uh >> we are going to pull up case 26101. >> 101. That is Cohed LLC at 4120 Bara Avenue. >> Yes, sir. >> Okay.

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>> So, I've got uh three exhibits uh to submit. The first is the notice of hearing and affidavit. The second is the notice of violation and affidavit. And the third is going to be the cost recovery statement in the amount of $13628.

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Thank you. So once again, this is case 26-101. Um, should have read this in for the last one. Co-shed LLC. This is for a quadruplex located at 4120 Bara Avenue here in Titusville, Florida. Uh, so the

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notice of violation was posted at the apartments on March 12th of 2026. The violation and notice of hearing uh were sent first class and certified mail on April 6th, 2026. And the notice of hearing was posted at

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the property and at city hall on April 29th, 2026. So, uh here today with us is Miss Anna Garcia with Blue Fin Property Management. Um she is here representing

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the LLC today. I also have Miss Lori Roberts with the um business tax uh receipt department um to give you an update on this. >> Hello. Hello. >> Hey there.

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>> Um so they came in this morning and um filled an application. There is a process that has to be reviewed by staff before we can issue it. So we don't can't issue it today. Um, there will be fees for the business tax receipt application along with the fee for the

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business tax receipt and there'll be a fire inspection fee that needs to be paid. So, I don't know if it's better to continue it or just um remove it from the agenda for today and in hopes that they continue with the process and

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obtain this business tax receipt. >> I'm good. We've given them additional time. How long does it usually take to process the application? >> Um, it's usually 7 to 14 working days. So, if you could give them 30 days, I think that would give them >> We'll just table it until the next uh hearing time. >> Okay. >> Okay. All right. >> Okay. Thank you.

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>> Are they They're here as well. >> All right. Just get that done. >> No, ma'am. >> That's it. >> Thank you. >> Sorry to make you wait for that. All right.

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Okay. >> Um, >> yeah, we can start from beginning. Let's do that. >> All right. Uh, so we still have six more, right? >> Yes, sir. >> All right. Let's All right. Just give me You don't have

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to give me the full narrative of each one. I'm just really interested in, you know, what that >> Sure. tax amount is. And I I actually the other thing I do want to know is what contact attempts that have been made by by them. I'm always curious if they've tried to reach out to you guys. All right,

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>> let's go ahead and start with 26-35 Sweet Liybug. >> Yes, sir. Uh yeah, notice was posted the hearing and everything. I have the um affidavit for you and the cost. >> Yeah. >> Indicating that the order of the costs,

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I'm sorry, the fees are $136.50 50 and administrative cost of $136.28 for a total due of $272.78. Uh there's been no contact with the business when I dropped it off or anything, but they were posted. And in

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SunBiz, it does show that they updated their address um on April 10th as the same address. >> All right. >> Same location. >> All right. This is for you making me do this six times separately. I've accepted and considered documentary evidence and sworn testimony relating to

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this matter from city staff. I find that respondent Sweet Liybug LLC is the owner of the business located at 323 South Washington Avenue, Titusville, Florida 32796. Find that all required notices were provided and notice was met for this hearing and respondents failed uh to

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appear. Based on the evidence presented, I find that respond has failed to obtain or renew a business tax receipt for the operation of the business as required under city code. Um, and that the said business is operating without a valid business tax receipt. I find that the city has incurred costs in the amount of

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13628 and such amount shall be included with this order. Respondent shall be uh given until Our next meeting is July, but >> Oh, that's right. >> Yeah. >> 30 days.

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>> Yeah. >> Up to you. >> Respondent shall be given 30 days to obtain a valid business tax receipt and shall come into full compliance. Uh, respondent shall responsible for notifying code enforcement officer upon completion. Should actually I gave them, sorry, let me take that back. I gave the other person 30 days. So, it doesn't

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make sense to give these people 30 days. >> This is just a onetime fee. So, >> yeah. Um, I'm trying to think how we did it last time. How do you How do you What do you prefer, Lori? >> Well, the business tax receipt should have been

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Sorry. The business tax receipt should have been renewed in September. >> Right. Right. So, I don't think they should be getting No. Yeah. So if they're still operating, they should not really any time >> because it was issued and there's an expiration date on the business tax

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receipt itself that shows September 30th of >> you know I I think I do need to give them some time after this hearing to do it before I impose a fine. But I don't 30 days is that doesn't make any sense. All right. I'm sorry. Uh respondent shall be given 10 days to obtain a valid business tax receipt and shall come into

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full compliance. Respondent shall be responsible for notifying code enforcement officer upon completion who should then who shall then confirm the status of compliance. If respondent fails to obtain a business tax receipt by uh uh May 21st, 2026, a fine will be

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entered in the amount of $250. Uh certified order may be recorded in public records of Bvoulevard County. It is so ordered. All right. >> Okay. >> What's our next one? You're doing the BTR fee and admin cost of a total of 250,

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>> right? >> Instead of the 272. Okay. Just making >> Sorry. Uh I I I did say the cost of 13620 will be included as part of the order. So >> Okay. >> Okay. >> Both of them to be paid. Yes. >> All right. Uh you ready? Next one is 2642 Bethany Livingston.

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>> Oh, is 39 removed? >> 30 39's been removed. I'm sorry. >> That was the last that was after I said something. >> All right. 2642 Bethany Livingston LNHC. >> Yes. >> Okay. Um these are all the affidavits

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along with the um costs imposed by the city. So we have the BTR fee of $136.50 and again the administrative fees of $136.28 28 cents um total for 27278

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for both. Um there's been no contact with the property owner and Sunbiz does show 3910 South Washington is their updated address as of like two months ago. >> Any contact? >> No contact. >> I've accepted and considered documentary evidence and sworn testimony relating to

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this matter from city staff. I find that respondent Bethany Livingston LMHC LLC is the owner of the business uh located at 3910 South Washington Avenue, sweet 207 Titusville, Florida. Um I find that

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all required notices were provided and notice was met for this hearing and respondent failed uh to appear. Based on the evidence presented, I find that respondent has failed to obtain or renew a business tax receipt uh for the business and the business has been operating without a valid business tax

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receipt. I find also that the city has incurred costs in the amount of 136 um 28 and such amounts shall be included with this order. Respondent shall be given 10 days uh to obtain a business tax receipt and come into full compliance which requires that they also

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pay the administrative costs. Uh respondent shall be responsible for notifying the code enforcement officer upon completion who shall then confirm the status of compliance. If respondent fails to obtain a business tax receipt uh by May 21st, a fine will be entered

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in the amount of $250. Certified order may be recorded in the public records of Bvoulevard County. It is so ordered. >> All right. 2645. >> Yes, sir. This will be Florida Classic Customs. um have all the notifications of hearing and certified and postings

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and the affidavit of the fine costs, sorry. Um the total fees are $32278 including $136.28 administrative fee. I spoke with the owner when I was posting the hearing. He advised um he made contact with Lori and Lori was aware that they were still working on trying to get their state

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license and they said the state license doesn't get issued until April. Um, I last time I spoke to him, he was supposed to get this resolved by this hearing, but I don't know if Lori's talked to him or >> Lori. >> Um, I did. The owner came in on Friday

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trying to, um, pay the fee. I can't take that without a regulated license. His license is still showing expired with the Florida Department of Agriculture and Community Service, Consumer Services. So, I could not issue our business tax receipt. So, I don't know if we want to give them more time to try

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to do that. and >> gave me good reason. I mean, >> um, yes. >> Okay, >> he's right. >> All right. I've accepted and considered documentary evidence and sworn testimony related to this matter from city staff. I find that respondent

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Florida Classic. Is that the one? >> Yep. >> Yeah. Florida Classic Custom Auto Garage is the owner of the business located at 701 South Washington Avenue, Titusville, Florida. I find that all required notices were provided and notice was met for this hearing and respondent failed

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to appear. Based on the evidence provided, I find the respondent has failed to obtain or renew a business tax receipt for the operation of the business and said business is operating without a valid business tax receipt. Find that the city has incurred costs in the amount of $136.28 and such amount shall be included with

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this order. Respondent shall be given 10 b 10 days to obtain and not business day sorry 10 days to obtain a valid business tax receipt and come into full compliance. Respondent shall be responsible for notifying the code enforcement officer upon completion who should then confirm the status of

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compliance. If respondent fails to obtain a business tax receipt and pay the administrative cost by May 21st, a fine will be entered in the amount of $250. A certified order may be recorded in public records of Bvard County. It is so ordered. 28663

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Integrity Title LLC. >> Um I have the affidavit for the notice of hearing, notice of violation and the cost recovery. Um there are business t tax receipt fees that are due $136.50 and with the administrative cost of $136.28

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a total 27278. Also, um, yeah, there's been no contact with anyone at the on the property and it still shows some business that address. >> This is like a I guess like a homebased business. So, someone is still living

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there, but nobody's reached out to me to >> I've accepted and considered documentary evidence and sworn testimony relating to this matter from city staff. I find that respondent integrity tile is the owner of the business located at 1851 Cashew Courtway, Titusville, Florida. I find that all required notices were provided

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in accordance I'm sorry were provided and notice was met for this hearing and respondent failed to appear based on the evidence presented. I find that respondent has failed to obtain or renew a business tax receipt for the operation of the business and that business and that said business is operating without a valid business tax receipt. I find

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that the city has incurred costs inund in the amount of $136.28 and such amount shall be included with this order. Respondent shall be given 10 days to obtain a valid business tax receipt and come into full compliance. Respondent shall be responsible for notifying the code enforcement officer upon completion who shall then confirm

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the status of compliance. If respondent fails to obtain a business tax receipt by May 21st, a fine will be entered in the amount of $250. Um, a certified order may be recorded in the public records of Bvard County. It is so ordered. >> So, we are moving to case uh 26-99

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uh Lenovation LLC, 5175 South Washington Avenue. So, I'm submitting the notice and affidate of of hearing the notice and affidavit of the violation and the cost recovery statement in the amount of

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$136.28. Um, so again, the notice of violation was handd delivered to registered agent Twan Lee on March 12th, 2026. Uh the hearing and violation notice were mailed on April 6th of 2026 and the

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hearing notice was posted at the property and city hall on April 29th, 2026. The only contact I have had with the registered agent was the day I handd delivered the notice of violation. >> All right. I've accepted and considered

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documentary evidence and sworn testimony relating to this matter from city staff. I find that respondent Lenovation LLC as the owner of the uh business located at 5175 South Washington Avenue, Titusville, Florida. Um find that all required notices were provided and notice was met for this hearing and

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respondents failed to appear based on the evidence presented. I find that respondent has failed to obtain or renew a business tax receipt for the operation of the business and said business is operating without a valid business tax receipt. Find that the city has incurred costs in the amount of $136.28.

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Right? Are they all the same amount? I keep looking. >> Yeah, they're all the same amount. >> Most of them. >> And such amounts shall be included with this order. Respondent shall be given 10 days to obtain a valid business tax receipt and come into full compliance. Respondent shall be responsible for notifying the code enforcement officer

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upon completion, who shall then confirm the status of compliance. If respondent fails to obtain a business tax receipt by May 21st and pay the administrative cost, a fine will be entered in the amount of $250. Further and future violations of the same. I'm sorry, I

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don't need that. A certified order may be recorded in the public records of Bvard County. It is so ordered. >> Thank you. >> 26104. Is that our last one? >> Correct. >> All right. >> Uh premium investment properties uh incorporated. This is a quadruplex at

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4415 Barna Avenue here in Titusville, Florida. We've got the affidavit and notice of hearing affidavit and notice of violation and the cost recovery statement in the amount of $13628. And I have had contact with the property

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maintenance company for um uh 4415 um letting them know um that the BTR had not been renewed. Uh the owner is in Canada. Um so they were attempting to reach out to um make contact, but I

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believe Miss Lori has an update on this one. Um we did receive an application um to be reviewed and processed by staff for approval for the issuance of the business tax receipt. So they have made contact. They've applied for their business tax receipt.

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>> How recently was that? >> Um Friday. I'm feeling lenient. Why don't we table them for the next one then? Right. >> I think what we've been doing is giving them the 30 days on the other two. >> Okay. All right. That's fair. All right. I've accepted and considered documentary

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evidence and sworn testimony relating to this matter from city staff. I find that respondent Premium Investment Properties Inc. is the owner uh uh I'm sorry is the owner of the business located at 4415441744194421 Bara Avenue, Titusville, Florida. I find

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that all required notice was provided and notice was met for this hearing and respondent uh did not appear u but has been in contact what what what department exactly uh >> tax >> business tax okay I didn't know that was a separate department so has been in

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contact with business tax receipt to file the application based on the evidence presented I find that respondent has um failed to obtain um or renew a business act receipt um as of this date um and but is in the process of doing so.

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Respondent shall be given 30 days to obtain a valid business tax receipt and come into full compliance. If did for the other one did I charge the administrative costs regardless of the 30 days or

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I can't I'm trying to maintain consistency. I'm not sure how I worded that. I think you did. >> I believe the hard cost you did. >> Yeah. Still get still imposed it on it, right? >> Correct. >> Yeah. Okay. I'm sorry. I find that the city has incurred costs in the amount of $136.28

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and such amounts will be included with this order. So, in addition to obtaining the valid business tax receipt, they still need to pay the administrative cost that the city has incurred. I'm sorry about that. So, if respondant fails to obtain the business tax receipt um by June 10th, um

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a fine will be entered in the amount of $250. Further and future violations of the same section shall be I'm sorry, that's not the relevant. I need to take that out of my script. I keep looking at the initial hearing one. Sorry. A certified order may be recorded in the public records of Bvard County. It is so ordered. I

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>> think you said June 9th for the other ones. >> Was it June 9th? Uh 30 days would be June 10th, right? I believe so, but just >> All right. So, when I do the order, if I said June 9th earlier, I meant June 10th. So, if I said 30 days, it'll be

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June 10th. If I said 10 days, May 21st, right? >> Sorry. All right. Uh I think we're going to take a quick recess before the 1:00 hearings. Correct. All right. So, um we'll just turn off the screen for a little bit. >> Close this hearing.

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>> Yeah. He All right, good afternoon. I'm sorry for the slightly late start, everyone. Uh, my name is Don Wyn. I'm a Florida bar licensed attorney specially appointed by the city of Titusville to serve as the special magistrate for today's code enforcement hearings. These public

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hearings are quasi judicial in 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 also present evidence or call witnesses to testify on your behalf. Please note that there is no

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public comment portion during code enforcement hearings. To speak on a 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. The city will present its case first. Information may dis may be displayed on

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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

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time, I will swear in all witnesses. If you intend to testify for your case, please stand and raise your right hand. If if you intend to testify, please stand and raise your right hand. Do you swear swear or affirm that the testimony you're about to give is a truth, the whole truth, and nothing but

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the truth? >> Yes. >> All right. Thank you. You may all be seated. Um we are we have no municipal appeal or lean or so we have the first hearing is a non-compliant hearing for 26-15

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and that is for 4400 Colaridge Avenue. First is the um noticy hearing and affidavit for the non-compliance hearing. Um, I've got a copy of the finding in fact, um, conclusion of law and order. And the third is the cost recovery statement in the amount of

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$18,911. So once again, this is the non-compliance hearing for 26-15. Our respondent is David Freeman. uh violation and mailing address are the same of 4,400 Cridge Avenue and the vi

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active violations are section 12-23 and 13-26. Oops. Let's turn it on. There we go. All right. So, this case was originally heard on April 13th of 2026.

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Uh, representatives for the respondent did not attend. Um, they were found to be in violation of 1223 and 13:26. um in order to correct the violations no later than noon of May 8th. Uh if

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compliance was not achieved, a fine in the amount of $50 per day per violation to be imposed commencing on May 9th, 2026 and continuing daily and the administrative costs in the amount of 18911 were imposed. Um, so I've had no

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contact on this property and there's been no changes in the condition. >> None of the individuals here are for this property. >> No, sir. >> Okay. All right. All right. I find I'm going to go ahead and make my finding then. Those pictures look the same from

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last month. So, >> they are. >> All right. I find that based on the evidence and testimony presented that notice was properly provided to respondent and respondent did not appear. The evidence demonstrates that the property located at 4400 Colar Ridge Avenue remains in violation. uh

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specifically uh sections 12-23 and section uh 13-26 um are still still in violation of those ordinance and the property is not in compliance with the previous order dated

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April 16th 2026. Therefore, I find that the city has established a continuing violation of the Afford said uh code. Uh accordingly, a fine uh $50 per day per violation of which two commencing May 9th, right?

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2026, right? >> May 10th. >> May 10th. Gotcha. Sorry. >> Uh oh. >> Commencing May 9th. Yes. >> I apologize. uh commencing May 9th, 2026 and continuing daily until the violation has

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corrected. Uh, additionally, the costs in the amount of $189.11 have not been paid and are added to the order or won't be included with the order. A certified copy of this order

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will be recorded in the public records constituting a lean on the subject property. Respondent is required to notify code enforcement once the property is brought into compliance so that code enforcement can verify and confirm it is so ordered. >> Thank you. All right. >> Thank you.

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>> And we will move now to the initial hearings for today. The first one is 26-107 for looks like no street addresses tax ID 2215036. >> Correct. >> All right. So these uh the next two are

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irreversible, irreparable violations. Um this case again 26-107 I'm submitting the notice of violation and affidavit. Uh the notice of hearing and affidavit and the third is the cost recovery statement in the amount of

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$13628. >> Thank you. So this is the initial hearing for 26-107. Our respondent Rond Del Ray is our respondent. The violation address is tax ID 2215036

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um located in the Sun Valley subdivision. Our mailing address is 4415 Flood Street in Coco, Florida 32927. And we have one violation. It's section 30-39. Tree removal permit required.

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So the initial inspection was completed March 12th of 2026. The notice of violation was handd delivered to a worker on site the next morning on uh March 13, 2026. They were given till

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uh March 30th, 2026 to comply. Uh our notices were mailed uh sorry the violation notice was mailed on March 19th and the certified letter was signed for on March 23rd of this year. Our notice of hearings were mailed on April

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6th, 2026 and the um posted at city hall and on the property where the violation exists on April 29, 2026. So, while I was completing an inspection on a neighboring property, I observed

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new survey stakes on an undeveloped lot with trees cut down. Uh, I went back to the office and checked the building department records and found no active site development permit um on file. On March 13, 2026, I returned to the site

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and found a worker um actively removing trees. Uh, photos were taken for the file and a notice of violation was handd delivered. Uh, while still at the property, I did speak with the worker supervisor and gentleman named James. Um, I explained the city's requirements

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for the tree removal permit and provided the contact information for the building and development services as well as contact information. Um, my contact information if the owner had any questions. Um, so on that same day,

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Jacob Begley with the development services called to inform me that a Robert Christian had stopped at city hall. They discussed the ordinances and regulations and they were provided with applications to submit for site and

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building permits. Uh I did speak with uh Robert Christian on March 24th of 2026 again going through his plans and his discussions with um Jacob Begley. Um I did advise

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him that we would be moving forward with the notice of hearing um or the magistrate hearing and that notices would be mailed. Um I have checked there have been no submitts to the building um department

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for any um site development as of this date. So this is the vacant lot located off uh Wotoff Road here in Titusville, Florida.

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Um so the survey stakes um that I observed uh led to the area um where the trees were being removed. So the conclusions of fact section 30-39

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um again this violation is irreversible in nature. The trees have already been removed without the required tree removal permit. So we are asking that at the time of the meeting the respondent is found in violation of code section 30-39.

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uh order the responded to be assessed administrative cost in the amount of $13628 and impose a fine um no greater than $5,000 as the violation is irreversible andor irreparable and we do have

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representatives um for the property here today. >> All right. Uh the respondents want to come up to the podium. >> Go ahead and when when you get here, just go ahead and state your full name and your uh and your mailing address for the record.

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>> Thank you. >> Go and state your full name and your mailing address for the records. >> Rodel Ray, 4415 Flood Street, Port St. John, Florida. >> Okay. Mine is Robert Christian and it's uh 1607 Park Meadow Street, Titusville,

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Florida. >> Okay. All right. Go ahead, sir. >> Okay. Uh yeah, I own the property, but I was going to deed it back to my to my son-in-law only if he uh made improvements on it.

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So, I was waiting on him to get all his blueprints and everything done before I dee it over to him. And I guess that's why he was got a start on it by starting to cut down the trees. >> So, I have the permit. So, I have my

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blueprints here and um the only reason I haven't submitted the plans is because I have to get the lot split before I can submit my permits, which I've done that. And I've also had an address assigned

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through 911 to do that as well. So, I can't submit my permits until they doing what they need to do. But on the on another note, I've also, even though it says it's irreversible, I've also had trees replanted back out there on the property to show in good faith that I'm

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trying to do everything I need to do to get everything situated. So, trees have also been planted. >> What was the plan? Were you going did you already have contractors or workers out there despite not having the blueprints finished? Yes, me and a couple of my friends, we've been out

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there cutting trees. >> So, I've been personally cutting trees myself. >> Did you have something to add, sir? Okay. Um, unfortunately, it's pretty black and white situation where you're talking about whether or not a tree has been

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removed or not. um and whether or not a permit was obtained for that. I don't really know what other discretion I really have. The he the only question or issue before me is

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whether or not there's a violation and I don't see anything that would indicate that there's not a violation. You understand what I'm saying? >> Well, yeah, we're not denying the fact. I mean, it is what it is. I mean, we was I guess ignorance of the law is not not

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an excuse. But you know I we had no intention of breaking the law of violating any rules. And I have a question about number three here. It says that defendant has failed to comply with the provisions.

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>> Can you what does that mean? We failed to comply. It means probably refers to the fact you didn't get the permit before you removed the tree. Correct. >> Yeah. >> Oh, okay. >> That's that's that's that's the failure to comply component, which is what I'm the the only thing I'm here to rule on.

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Um, is there any work going on right now or >> soon? She uh called and said don't do anything and we we stopped until All I'm waiting on is for u the address to be assigned and I can submit the permits but until that I'm I can't do anything

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as of right now and that's all I'm waiting on. >> How many trees have been removed? >> 10 10 trees have been cut. They haven't been removed. They just been cut. >> Yeah. Well, can't stitch it back up, right? So,

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um Yeah. I'm sorry, gentlemen. I don't know what else I have the liberty to do. Um yeah, I'm sorry. I have to enter the hearing except the uh city's recommendation. So, um, I've accepted and considered documentary ev I'm sorry. Did you ask anything else you want to

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add or is there anything else? No. >> All right. I've accepted and considered documentary evidence including photos and torn testimony relating to this matter from city staff. I find that respondent Rodell Ray is the owner of the property with the address of uh well

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tax ID 2215036 in Titusville, Florida. 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 violation of section

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where is that where's the exact section reference >> yeah 30-39 of the city code regarding tree removal um exists on the property and respondents um are in violation of that ordinance

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Um I find that the violation is irreparable in nature. Additionally, I find that the city has incurred u cost in the amount of $136228. Such amounts shall be included with this order. Um due to the irreparable n

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nature of the violation, I'm imposing a fine as recommended by the city in the amount of $5,000. Uh respondent shall be given 30 days to uh pay the fine and the administrative costs. Respondent shall be not responsible for notifying the

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code enforcement officer of payment of the fine. Um who shall then confirm the status of payment. If respondent fails to correct uh or or pay that uh additional fines may be imposed until the uh uh fee fee is paid. Further and

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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. Thank you. >> You guys are free to go. >> We're gonna mail you.

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We got to generate an invoice. >> Yeah. So, I'll be I'll draft an order. uh uh sign it and issue it and then you guys will receive it in the mail and then code enforcement will set up an invoice for you guys to process payment. >> All right. Thank you.

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>> All right. Let's move on to 26-108. This is 2629 Cheney Highway, Titusville, Florida 32780. So I have three exhibits to submit. The first is the notice of violation and affidavit. The second is the notice

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of hearing and affidavit. And the third is a cost recovery statement in the amount of $13628. So once again, this is the initial hearing for case number 26-108. Our respondent is Hope Comm Community

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Fellowship of the Assemblies of God of the City of Titusville of the state of Florida. Our address and mailing violation and mailing address are the same. 2929 Cheney Highway, Titusville, Florida 32780.

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And this is a irreversible, irreparable violation of section 30-39 tree removal permit required. So, initial inspection was completed March 27th of 2026. A notice of violation was posted at that time. They

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were given till April 10th, 2026 to comply. Certified and first class mail was sent on March 30th, 2026 and it was signed for on April 4th of 2026. Uh notice of hearing was mailed on April

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7th and um copies were handd delivered and posted at city hall on April 29, 2026. So on March 27, 2026, I was driving in the area and observed a large pile of

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tree limbs, branches, and trunks along the west side of the parking lot. Uh when I pulled in, I observed that four trees had been cut down um that existed within the church parking lot. I was able to review development service

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records and found that um there was no active site development permit or tree removal permit on file. Um notice of violation was posted. I did receive contact from Pastor Dory Valley that same day when she found the um notice of

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violation. Um we discussed the work that was taking place on site um and explained about the class two site permit um that would be required for any alterations to the parking lot and the tree removal and she was provided with

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contact um information for development services. Um she was made aware that a written notice of violation would be mailed and that a hearing would follow. So, I've got assistant pastor Alan Kart here today. I've spoken to him on

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several occasions um about the health of the trees um the work that had been done. Um they did re uh have an arborist um go out and do an arborist report after the fact. Um a

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copy of that was sent to Jacob Biggley with development services, the city's arborist to review. um who confirmed um a tree removal permit and mitigation still would would have been required um with the

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information that was provided. So this property is located off Cheney Highway. Um this is the um the pile of tree debris along the fence that I observed from the right of way. And then there

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were multiple trees um that had been cut down on the site. So once again, this um is a irreversible violation. The church um had the trees removed without the required permit.

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Uh we are asking that the respondent is found in violation of code section 30-39. order the respondent be assessed administrative costs in the amount of $13628. Um, impose a fine. I had spoken to them

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about the fine costs and I put 5,000 in here. Um, I'm going to leave it up to your discretion on the fine amount, but 5,000 is what is in my presentation. And I do have the pastor here um to

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speak to you. >> Putting it on me now. All right. All right. >> You guys will give your names and addresses. >> Roger Hackenberg. I'm the senior pastor of the church. Um my address 2930

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uh Crystal Court in Titusville, Florida. >> Name's Alan Coward. live at 4810 Cathedral Away, Titusville. Okay, >> we I was just going to say uh obviously we are in violation and so we uh we we did

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the uh the the the trees themselves were were becoming a a detriment to us with uh danger uh parking lot with some big limbs that have some have fallen and uh cause we were afraid they were going to cause car damage and a few things and so

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we're trying to dress up our parking lot. It's uh just in a process and obviously we we violated we're unaware of that. We were when you look at that and just say we violated the code. We're just asking for a little grace on the uh

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I guess on the the amount of uh violation the pay if we could. That's that's we are I don't know you want to add something. >> Yeah. So we did underneath recommendation from Mr. Wright. We went out, got the certified arborist. They came back to confirm what we thought

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they had, uh, the pine beetles. I have videos of the trees, what they look like prior. One of them, um, the one was struck by lightning. It was rotting from the inside. It was a safety factor for us. We have, you know, we have a bunch of events there, kids, vehicles. So, um,

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like he said, we we didn't do anything intentionally. And if you go back in the future of it, of the history of us pulling permits, everything we've done there, we pulled permits on. We moved sheds. We pulled the permits. We've done the bill in the back. We pulled the permits. So, we didn't It's not like we've tried to sneak around paying

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whatever the fee is, $300 or $400 for the permit. I think it was something close to that. But our certified arist agreed with us that and the only way to get rid of the pine beetles on property so they don't spread to the rest of the community is to chop the trees down, haul them off so that way they don't kill the additional pines that are

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there. The neighborhood behind is where I live, Cathedral Pine, you know, they're everywhere out there, the pine trees. So, um, like he said, it was nothing was intentional. >> Um, we also I just have a question. You said four trees, but it's actually three

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there. There's an old tree stump that's been sitting out there that's been dry, but that's from that's I I don't think that's in wasn't included in this cut at all. So, >> if I remember correctly, the arburous report listed four trees. Three slash pine and one.

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I apologize. The tree report does only show three slash pines that they had um they had evaluated identified four on that site map >> and we have stopped. We didn't do anything since then because we didn't

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even know if we could grind the stumps. >> Well, let let me ask you gentlemen this and you have the benefit of sitting for the very immediately prior >> Yeah. >> hearing. >> I wasn't very lenient on them. It would be very weird to give you guys a

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reduction absent another factor. How would you differentiate your situation from theirs where I told them, hey, it's black and white. >> Well, we heard that. And so, well, I think that I think that coming from our certified arborist, yeah, we

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did it after the fact, but like I like I uh mentioned this, right? prior my grandfather passed a year ago and he was uh taught at University of Florida ran the road crafts for the space center um went grew um orchids worldwide and we've

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had the pine trees that one that she was talking about infestation he told me even back then the only way to get rid of those is if you haul the tree off or it's going to kill everything around that's what the certified arborist report will mention that in there that they were infested in the lightning strike one that's never going to come

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back. I mean, the trees eventually going to rot and fall. So, these were these were trees that were potentially whether it's next week or a year or two years, they were going to come down based on rotting away. So, at some point, there would have been a safety factor. I don't know what property that that guy was at. Looked like it was a wooded area where

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it was under. >> That's what That's what I'm trying to get at. So, for you guys, it was a safety concern. I'm trying to >> It is. >> I'm trying to get a reason why to give you guys a reduction whereas I didn't offer that to them. >> We have parking lots with little islands. Mhm. >> The trees themselves were built in the

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islands. They were built in 1980s. And so what they did was they they plant these pines were there because it was cathedral pines this subdivision. Okay. So when they developed this area, they poured the concrete all around it. So they left small islands. These trees

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have devel. So it became a safety factor when branches would fall onto the you know in that >> the branches had been falling. >> The branches have been falling. We've been cleaning that up and and we did and and also it's obvious where the lightning strike was that

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>> I mean it's a it's a different it is a different scenario and that's what I'm trying to get at with you guys with with you all having a church and it's being in your parking lot and branches actively falling whereas we're talking about with the other people a undeveloped lot where there was no traffic. So, we were just really trying

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to protect our people and and uh take care of our property. >> I was trying to I have a video of one of the trees I had actually pushed over a while back that were in the same situ. These trees would have been in the same situation, but before I got deployed. I can't find it now. I just got back in town. I can't find the video.

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>> Officer May, you do have the arburous report though. >> I have a copy right here. You can have >> Do you mind? Thanks. This was done after officer May talked to you, right? >> Yeah, we we stopped doing everything. We

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didn't we just haven't even touched it other than just have that pile removed because uh the city came and took it, but we >> I'm going to enter this into evidence. Okay. Um are there more trees that need to be removed?

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>> Uh not at this point. We were just taking care of those that needed to be uh that looked needed immediate attention. So, we are planning to do some changes in our parking lot as far as we it needs to be resurfaced and some stuff, but we were just basically just

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trying to do some maintenance so that we didn't have a future problem with these trees in in instances like this. There's no point in them they don't need to submit a permit now for the tree removal that's already occurred. Right. >> Correct. Um Jacob Biggley indicated that

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um this has already happened. Um even with the report um the ones that didn't have that lightning damage would have required the tree removal permit even with the diagnosis of the the beetles in them. So um but at this point it's

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already done. They would not um issue a permit for this. um >> when they go to submit for their parking lot repairs >> uh or alterations um any other trees that they wish to

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remove um can be indicated in that plan and then mitigation of um planting new trees in different locations would be a part of that permitting process. Go ahead. >> So if I were to differentiate you guys scenario from the prior one because

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there has to be a reason why I would deviate from what I entered against them versus you guys. A the amount of trees removed was less and b you're actually in an area that services a general population and people are actually traversing there. So I am

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inclined to reduce uh to go down from the 5,000 that was initially recommended. Um, but I do think that there needs to be a payment just because, you know, um, an ordinance was violated. So, with that said, um, I'm

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ready to make my ruling. And again, this tree report, I'm going to enter in this into evidence as well to show that the the trees did need to be ultimately removed. I guess the preference would have been obviously to get that permit first anyway and do have done some sort of like band-aid work or remove branches or anything until you had gotten that

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done. But um I've accepted and considered documentary evidence including photos of sworn testimony relating to city this matter from city staff and the true report from Mo Muscle Tree Service submitted by respondent. I find that respondent so

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hope community fellowship of the Assemblies of God of the city of Titusville of the state of Florida incorporated is the owner of the property of the address 2929 Cheney highway Titusville Florida. I found that all required notices were prov provided in accordance with chapter 163 Florida

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statute and city code and noticees met for this hearing and respondents did appear uh based on evidence presented. I find that a violation of section 30-39 of the city code regarding tree removal um occurred upon the property

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um and that the violation is irreparable in nature. Therefore, I find uh or I will uh uh uh uh impose a fine is not the right word, right? A what's the right

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wording? Well, I'll require payment in the amount of 2500. So, I'll cut it in half. Um and in addition, the city has incurred costs in the amount of $136. and 28.

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Um, such amount shall be included with this order. Respondents shall be given uh 30 days to pay the $2500 plus the cost. Uh, respondent shall be responsible for notifying the code enforcement officer of completion of the uh, I'm sorry, of payment of the fine.

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If respondent fails to correct the violation, additional fines may be imposed uh, until the payment is made. Further and future violations of the same section shall be classified a repeat violation. Certify order may be recorded in the public records of Bvard County. It is so ordered. All right. >> Thank you. >> Thank you. Thank you, sir.

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>> Thank you. >> Thank you. >> And that is it for uh >> All right. >> for the agenda. >> Then do we have a manager's report or

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>> how is how is officer Glenn? >> Officer Glenn will be back next week as far as we understand. Nice. >> He will be back. >> Um >> and I believe we do not have a meeting in June. >> Yeah. >> Um so we've got the next one coming up

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in July. >> Okay. Awesome. >> I think there's just one other issue on the orders that have been coming out. It's been directing payment to the city attorney's office and we were hoping to get that changed either to >> Yeah, Tasha mentioned it to me. if you guys can follow up with an email for me

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when we uh uh when I get back because I forget in person so if it's not in writing this but yes please no issue for us all right all right thank you I guess we are uh adjourned here at 146 all