There we go. You want to come up? >> Yeah. All right. Uh, good afternoon. My name is Don Wyn. I am an attorney specially appointed by the city of Titusville to serve as the magistrate for today's code enforcement hearings. These public 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, 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 will swear in all witnesses. If you do intend to testify for your case, please stand and raise your right hand. Do you swear affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?
>> Thank you. You may be seated. Um, we have a super full docket today. So, let's go ahead and get started without further delay. Um, we'll move to 26-11, which is for 4480 Byron Avenue. to submit. The first is the notice of
hearing and the second is a copy of the finding of fact and the third is the cost recovery statement in the amount of $26.72. So once again, this is the non-compliance hearing for case number 26-11.
That violation address is 4480 Byron Avenue. And we do have an update as um since the posting of the agenda. Um the property was brought into compliance as of Friday, April 10th, 2026.
So March 31st, I was contacted by Edwin um Seroman with 24 Assets. Um they had been uh assigned custodial care of the property um on March 27, 2026 and he was
sending contractors out to address the code violations. So this was as of uh April 10th around 12:30. um they've been out, the property has been cleared of all trash and debris. Uh
the grass and weeds have been addressed and they will be the contact moving forward. So the only thing we are going to ask is that the um administrative costs in the amount of 20672 be imposed.
>> Okay. Um I find based on the evidence and testimony presented that notice was properly provided to the respondent. Uh respondent did not appear. Um the evidence demonstrates that the property located at 4480 Byron Avenue has been brought into compliance uh with the
previous order. Therefore um there are no continuing violations. Uh no fine will be imposed. However, the administrative costs of $26.72 um have not been paid and will be um placed on the property. Certified copy
of this order will be recorded in the public records constituting a lean on the subject property if they don't pay the administrative cost. Respondent. Uh that's it. Got an ordered. >> Thank you, sir. >> All right. Uh moving on now to our
initial hearing which is 26-15 which is 44400 Cich Avenue. >> Correct. >> I have three items to submit. The first is the affidavit for the notice of
violation. The second is the affidavit for today's notice of hearing. And the third is the cost recovery statement in the amount of $189.11. So once again, this is the initial hearing for case number 2615. Our respondent is David Freeman. Our
violation and mailing address is 4,400 Cole Ridge Avenue, Titusville, Florida. And we have two violations. Section 12-23 for trash shunk and debris and section 13-26 for overgrowth.
So the initial inspection was completed on September 17th, 2025. Uh the date given to comply was October 24th, 2025. uh certified and first class mail uh were sent to the listed owner on
October 15, 2025. Certified mail was signed for by the owner on October 25th, 2025. Uh today's hearing was posted on the property and at city hall on March 27th,
2026. uh certified in first class mail uh sent on March 12, 2026 were signed for on March 17th of 2026. So this was a proactive case. Uh I was driving by and observed grass and weeds on the property over 12 in in height. Um
we had trees and bushes on the property growing over the fence line and onto neighboring properties. and there was household trash and debris throughout the front and side yards. Um, photos were taken and the notice of violation was posted on the front door.
September 30th, 2026, uh, the property was registered with the city's foreclosed uh, property registration program. I made contact with the maintenance company, MCS, and requested a contractor go out to address the violations.
During my reinspection on October 14th, 2025, I made contact with an occupant in the house and we discussed u mowing the yard and cleaning up the trash and debris. Um, as of Friday, no changes um have been made to the condition of the
property. So, this is a photo of the front yard um grass and um overgrowth, trash and debris. along the sideyard and then we have the backyard or sideyard.
So for conclusions of fact, we have uh section 12-23 for trash and debris. We have the accumulation of trash, trunk, and debris on the property. And then for section 13-26, we have overgrowth of trees, bushes,
grass, and weeds on the property. So, we are asking that an order be issued to correct the violation on or before noon of May 8th, 2026 um by removing the trash and debris and um cutting all weeds, grass, and
trimming of bushes and vines from the property. We are asking that the administrative costs in the amount of $189.11 be uh assessed. And if the owner fails to correct the
violations by May 8th, we are asking that a fine of $50 per day per violation be issued commencing on May 9th and continue daily until the violations are corrected with the lean being imposed. Uh and to contact code enforcement once
the violations have been corrected. What is the foreclosure property registration program? >> So that is if a property has been um started the foreclosure process, they
are required to register with the city and there is a property maintenance company that's um listed for us to contact in case of violation. >> Yeah. I was just trying to see if there was a foreclosure case on the property and I'm not seeing it under the name
David Freeman. Give me a second. >> But you did talk to that property manager and >> I I requested that they go out. Um I've left um following follow-up conversation or follow-up messages for them. Um, I've
got no v uh verification that they've been out, but I can tell you that no work's been done. Um, that being said, if it's an occupied um property, normally they do not do any work on the property and it still appears that the house is occupied.
Someone signing for the letters. >> All right. Well, I can't find the foreclosure case on it, but that's not really relevant here. I just wanted to make sure that it hadn't been foreclosed. I didn't want to go through that same hassle of uh Pink Trust where the title had changed hands and
everything. So, all right. Um I have accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that respondent David Freeman is the owner of the property with the address 4400 Cridge Avenue, Titusville, Florida
32780. 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 violations of sections 12-23
uh regarding junk and debris and section 13-26 regarding overgrowth exist upon the property and respondents were given a reasonable amount of time to correct the violations but have either failed or refused to do so. The corrective actions for these violations will be to remove
the accumulation of furniture, trash, and junk from the property and removing all weeds and grass over 12 in. Um, additionally, I find that the city has incurred costs in the amount of $189.11. Such amounts shall be included with this
order. Uh, respondent shall be given until May 8th to correct the violations. Respondent shall be responsible for notifying the code enforcement officer of completion of such corrections who shall then confirm the status of the violation. If respondent fails to
correct the violation by May 8th, 2026, a fine will be entered in the amount of $50 per day per violation until um they come into compliance. Further and future violations of the same section shall be classified as repeat violation. Certified order may be recorded in the
public records of Brevar County. We're good. All right. It's so ordered. All right. >> Thank you. >> All right. Uh let's see what else is on this agenda here. The code enforcement manager report. It's not going to take long, I guess,
but uh we're all good. >> We're all good. >> All right. So, we're adjourning now at 1:12. All right. Thank you.