Good afternoon. My name is Don Wyn. I am a Florida bar license 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 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 will swear in all witnesses that are present. If you intend to testify for your case, please stand and raise your right hand. Do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but
the truth? Thank you all. You may be seated. Um, we will go ahead and uh move to the approval of the minutes from last month's hearing. Everything looked to be in order, so I will go ahead and approve
them as drafted. Um, we're going to go a little bit out of order on the hearings. I do want to respect the time of the uh attorney that is present here. So, we'll move ahead to the initial hearing on uh case number
25-49 for Walmart Stores East LP. Good afternoon. I have three I um items um to submit. The first is the notice of violation and affidavit. The second is the notice of hearing and affidavit and the third is the cost recovery statement
in the amount of $234.19. Thank you. So once again this is the initial hearing for case number 25-49. Our respondent is Walmart Stores East LP and their registered agent CT Corporation
Systems. The violation address is 3175 Cheney Highway in Titusville, Florida. And we have one violation this afternoon. It's section 20-214 storm water maintenance enforcement.
So the initial inspection was completed on November 14th of 2024. A copy was hand delivered to the manager on duty. The date given to comply was January 14th of 2025. Certified letters were sent out to uh
both addresses on November 14th, 2024. Uh the registered agents signed for theirs on 11:25 2024 and the respondents letter came back unclaimed. Our notice of hearings were mailed out
on November 30th of 2025. Both certified and returned receipts were assigned for on August 14th of 2025 and copies were posted at city hall and delivered to the Walmart managers on August 26, 2025.
So, initially the complaint was received from the Titusville um development services concerning required detention pond airator and landscaping around the pond not being maintained. Um, copies of the approved drainage plan and land landscape master plan were
provided. Uh, inspection of the property found the fence around the storm water detention pond was covered in vines and fallen over. Overgrowth of grass and weeds were observed on the slopes of the pond and on the shared drainage ditch around the exterior of the pond.
and the required um trees and bushes around the pond were not in place. Photos were taken and the notice of violation was delivered. So, I've had multiple calls and meetings on site um
with Walmart representatives um and discussing what was needed and uh what what we needed to do to come into compliance. So, as of July 30th, when I was completing the reinspection,
all of the landscaping had been completed. The only item yet to be completed was um the air raator needed to be functioning. So, it had been ordered in July. In August, when they installed it, they were having issues with the power. And
as of the inspection of this morning, the air raator is still not working. So this is code section 30-214 concerning the elements of the storm water management system must be maintained in full compliance.
So this is an aerial view of the property. This is for the the Walmart stores. Um, this is from the master plan, the approved drainage plan and highlighted in yellow. It's a little small, but that's the noted air raator for the
storm water pond. This is the plant list. So, these photos are from July 29th. It does show that all the landscaping has been installed. The fence has been cleared of the vegetation. Um this is from the August 26th. Um and
this is the air raator is in the pond but again not working. So the conclusions of the fact for this case is section 30-214. The retention pond airator is not functioning as required. And so we are requesting that the
respondent correct the violations on or before noon of October 10th, 2025. Um and to obtain uh compliance um obtain the required electrical permit and complete the installation of the pond
airator. We are requesting that a fine of $100 per day um be imposed if they do not come in compliance. And we're asking for the administrative cost in the amount of $234.19. And once the violation has been um
corrected to call code enforcement for the reinspection. All right. And the respondents are here with council. Council, you want to come to the front? Give me your name. And uh good afternoon. M state when for the
record McGregor Love 215 North Yola Drive. Uh thank you. And and I'm sorry, what was your name? Uh McGregor Love. Is it M A C or MCG R E G O R? Last name love. L O V E. All right. Sorry, I thought that was the
name of the firm you were with. That's a very reasonable assumption, but my parents decided to get creative with my name. Um I want to thank uh Officer Wright. I haven't been involved with this uh as as long as she has, but from what I have discussed with my client,
she's been great to work with. Uh so we really appreciate uh her work on this. And as she summarized, the last piece of this really is the the air raator. Um we are ready to do that work and it's not it's not a significant amount of work
once the permit is issued for the air raator. Um the only reason I would ask for 45 days instead of um I believe what is maybe 30 or a little bit more than 30 days uh is that we recently learned that the contractor actually inadvertently submitted the application for the permit
to the county rather than the city. So now it must you know has to be submitted today to the city and we want to provide adequate review time uh for the city uh to so that the permit can be issued and the work can be completed which should take no more than a day or two. Uh so we
would ask for 45 days. Um but otherwise we we agree with everything that officer Wright outlined. Okay. Uh, does the city have any objection to 45 days? No, sir. All right.
All right. Well, sounds pretty easy to me. Okay, that sounds reasonable. So, um, I've accepted and considered documentary evidence, including photos and sworn testimony relating to this matter from city staff. Uh, I find that respondent Walmart stores East LP is the
owner of the property of the address 3175 Cheney Highway, Titusville, Florida 32780. find that all required notices were provided in accordance with chapter 163 Florida statute and city code and notice was met for this hearing. Uh based on
evidence presented, I find that violations of section 30-214 of the city code regarding storm water maintenance exists 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. Um the corrective
actions for these violations shall be what how do you word it exactly? You just have to fix the air raator or what's the exact terminology there? I'm not too keen on storm water maintenance myself. Just complete the required permitting
process and yeah place the airator needs to be operational. Okay. All right. What she said. Um, additionally, I find that the city has incurred costs in the amount of $234.19.
Such amount shall be included in the order. Respondent shall be given until or shall be given 45 days, which is um I guess that would be October 20 25th. What day does that fall on? Is it?
So, let's not do that. Um so October 27th which is that following Monday respondent is that okay? Yes sir. Okay. Respondent shall be given until
October 27th 2025 to correct the violations. Respondent shall be responsible for notifying officer right of completion of such corrections who shall then confirm the status of the violation. If respondent fails to correct a violation by October 27th, a
fine will be entered in the amount of $100 per day until the violation comes into compliance. Further and future violations of the same sections shall be classified as a repeat violation. A certified order may be recorded in the public records of Bvard County. It is so
ordered. Thank you, sir. All right, give me one second. I'm trying to do something different and take better notes as I go along since Miss Mickey is not with me anymore. She's listening though. Say hi to Say hi to her. She's
watching us from Tennessee. All right, let's see. Okay, let's get back on the regular agenda. Um, let's go back to our Massie hearings. Um, the first one on the agenda is 25-36,
uh, which is for 419 Wager Avenue. All right, sir. I have the notice of hearing and the cost affidavit for you today. Thank you. Okay, you may go ahead. All right. Uh again, this is 419 Wagger
Avenue. Uh the mail to address was 975 Nova Way. Uh this is a Massie hearing for the junk and debris, the accessory structure, the fence, and the roof and drainage. Uh yeah, it was posted on the property. All the hearing notices were posted at city hall and on the property. When I was on
the property posting the notice, I talked to the tenant. Um, the tenant pretty much advised me there was been no corrective action either on their part for the owner to do anything. Uh, this case was originally heard on August 11th. The respondent was ordered to
correct the violations by September 5th if the fine if not the fine of $100 per day per violation would commence on September 6th and continue until compliance is achieved. As of today, the violations remain. I checked it this morning and there's been no corrective
actions. Um, and this is just a summary. So, you know, this is the fence damage. This is the junking debris or the fence, sorry. And on the side, the roof still has the blue tarp on the top.
And that's just the posting notice. And the respondent's not here. Have we had any communication with them whatsoever since the init is they didn't appear at that hearing either did they? Okay. All right. I find that based on
the evidence and testimony presented, that notice was properly provided to the respondent and the respondent did not appear. The evidence demonstrates that the property located at 419 Wager Avenue, Titusville, Florida,
32796 remains in violation. specifically um sections 12-23 regarding junk and debris, 6-109302.7 regarding accessory structures, and 304-7 regarding roof and drainage um
uh uh remain on the property and the property is not in compliance with the previous order dated August 18, 2025. Therefore, I find the city has established a continuing violation of the efforts provisions. Accordingly, a fine of
$100 per day per violation commencing on September 6, 2025 is imposed and continuing daily until the violations are corrected. Additionally, the cost of $251.80 has not been paid. Yes, that's correct.
Um, a certified copy of this order will be recorded in the public records constituting a lean on the subject property. Um the respondent is required to code to notify code enforcement once the property is brought into compliance so that code enforcement can verify and confirm uh the lean on the subject
property may be subject to a foreclosure um in the future. Uh done in order. Thank you. Give me one second. My computer crapped out on me while I was talking there. Okay, let's go ahead and move on to the
next item on the agenda, which is 25-37 for 3700 Miriam Drive. Okay. I'd like to uh enter in evidence to notice a hearing. You may go ahead. Yeah. Got uh the violation address here
is 3700 Miriam Drive here in Titusville. Respondent is Jessica Cassell. Uh mailed to 3655 Valley Forge Drive, which is the address of record by Boulevard County Property Appraisers Office. Uh
there was four violations on the property. uh junk and debris, overgrowth, uh swimming pool enclosure, and the pool itself uh as of 11:05 this morning are all still in violation. Um the notice of the hearing was posted at
city hall on 8:26 and on the property and certified mail and first class were sent on July the 30th, 25. Uh all the mail has come back unclaimed. Uh the case was originally heard on
August 11th, 2025. The respondent did not attend the hearing. Uh she was found to be in violation of the four code sections mentioned earlier and was required to correct on on or before noon September the 5th, 2025.
Uh if compliance is not achieved, the fine of uh $150 per day per violation would start on September the 6 and continuing daily until property is brought to compliance. Uh none of the
violations have been corrected and still that's the overgrowth still. Uh some of the junk and debris. It's all all around the property. Uh there is that beautiful pool water and that's the enclosure that cannot be
secured. I remember these pictures. Yeah. And the conclusion conclusion in the case is everything is still in violation. in all four code sections and uh our recommendation is to order respondents that and that they didn't do
it. So, uh, we also would like to, uh, I said administrative cost for 12853 and impose a a fine of $150 per
violation per day. And respondent must contact us to contact me to verify that the conditions have been corrected. Is it Frank Lewis? Is that Yes, sir. Sorry. Just making sure. Oh, no. This
there in tight suit. Right. Uh we haven't had any communication with her whatsoever. Uh none whatsoever. Uh before the original hearing, we happened to catch a number for her on a document. Yeah. From a previous sale where she had transferred from property somewhere
else. No response since. Okay. Is the Is the property vacant? Yes, sir. It is. And there's no f there's no fence around the property at all. That's why the the swimming pool issue to me is present
such a danger. Okay. All right. Uh I find based on the evidence and testimony presented that notice was properly provided to respondent and the respondent did not appear. The evidence demonstrates that the property located
at not 3655 that's the wrong one. at 3 3700 Miriam Drive, Titusville, Florida 32796 remains in violation. Specifically, uh the property or the respondent is in
violation of sections 12-23 regarding junk and debris. Uh IPMC sections 302.4 uh overgrowth and weeds, 303.2 two enclosures and swimming pools and 303.1 uh swimming pools. Uh the property is not in compliance
with the previous order dated I think also August 18th. Let me see August 18th, 2025. Therefore, I find that the city has established a continuing violation of the effort set provisions. Accordingly,
a fine of $150 per day. That one's uh per violation. Yes. $150 per day per violation is imposed uh commencing on September 6, 2025 and continuing daily until the violations are corrected.
Additionally, the cost of $128.53 has not been paid. Um a certified order of this copy will be recorded in the public records constituting a lean on the subject property which may become uh subject to foreclosure. The respondent is required to notify code enforcement
once the property is brought into compliance so that code enforcement can verify and confirm. Thank you. Someone All right, let's move on to our last Massie hearing and that that will be for 25-48
POP Florida Properties LLC. No, I don't have a PowerPoint. They were in compliance as of the date. Um, everything was installed um by the September 5th compliance date.
Um, the only thing we're asking is that administrative fees be assessed. Okay. Um, let me see. How much was the administrative fees? Hang on. I need to give you um the affidavit and notice of hearing for
today's hearing for the file. And could you put the administrative cost on the record? Yes, sir. They should be there. Administrative costs were assessed in the amount of $216.58.
All right. You know, it's weird. I I I don't even have a script that I read off for when it's actually complied with. All right. I find based on the evidence and testimony presented that notice was properly provided to respondent.
respondent um did not appear, but the de evidence demonstrates the property located at uh this is 3675 Cheney Highway, Titusville, Florida 32780
um is no longer in violation. Um and all uh fixes have been made pursuant to the order entered on August 18th, 2025. Um, the cost of the administrative cost of the city still need to be recovered in
the amount of you just gave it to me and I know it's back here of $216.58. A certified copy of this order will be recorded in the public records. The respondent is Oh, no. That's I don't think I need to talk about a lean and foreclosure. I think we're
good. Um, so done in order on that one. Great. Um, all right. So, we only have we'll move on to the initial hearing. So, we only have the one left for today, which is 25-59,
Mr. Michael Ray Stinson and Holly Stinson of 2755 Tamoka Avenue, Titusville, Florida 32780. Yes, sir. I have three items to present. the notice of hearing, the notice of violation, and the cost staff affidavit
for $181.36. Sir, you may proceed. Uh violation address again is 2755 Tmoka Avenue. The initial violations were accessory structure for the fence and roof and drainage for roof damage which has been complied. So we're just talking
about the fence today. Uh the initial inspection was on April 15th. Date given to comply was May 19th. The violations were mailed certified in first class and signed for on April 23rd. Uh the hearing was mailed certified in first class on July
30th. That was also signed for was posted at city hall and on the property on August 26. On for April 15th, I received a complaint about the fence was falling in the neighbor's yard at this location. I observed damage to the fence and the roof when I did the inspection. Uh the
roof repairs have been made, but the fence has not been taken care of. Um, I had no contact with the respondent until today. He is here. Uh, several reinspections were conducted. Uh, this is the initial picture of the complaint from the neighbor about the fence that
was falling. And that's the picture. Um, since then, the neighbor who made the initial complaint put a new white vinyl fence up. So, this fence is still on his property. It just needs to be removed. Um, these are pictures of the other side um of the damage. Those have been
corrected. And these are the follow-up photos just showing that the fence is still visible that he um just needs to remove the fence on his side that it's fallen. And again, just the fence needs to be repaired or replaced or removed as we discussed with him today. Um, if the
respondent doesn't comply by August 10th or I'm sorry, October 10th, 2025, has requested a fine of $50 per day be imposed and continue until the violations corrected and the contact me. Um, he is here today. There was miscommunication on which fence sections he wanted remove or I needed removed.
Um, he's well aware and he said he should have it done by this weekend. Um, he agreed to the 30 days. Um, I have no doubt that he'll get it taken care of before the next hearing in on October. Um,
can we wave the administrative costs unless he repairs the You good with that? Can we wave the administrative cost unless he doesn't repair and just table the administrative costs? If he doesn't come into compliance, we can discuss it next month. But if he long as he comes into compliance, I would see waving it.
Okay. And he's here and he agrees to Mr. Simpson, do you have anything you wanted to add or are you good with that? No, he explained it perfectly. misunderstood that fences. I did one fence, but I didn't understand that it
was the other fence also. Okay, perfect. Easy enough. So, um I've accepted and considered documentary evidence, including photos and sworn testimony relating to this matter from city staff. Uh let me bring this up
because it's not your name personally on there, right? Um, I find that respondent uh what what is it? Michael Ray Stinson or Holly Stinson revocable trust. What's what's the actual entity that owns the property? Because it says them as trustees on
there. But you you own the property, right? It's under a trust. I own the property, but it's was placed in a trust. Yeah. Through the B law firm. But but the name of the the I have to put down the respondent which is the property owner which would be so and so revocable
trust. Is it what do you know what the name of the trust is exactly? I think it's the Michaelson trust. Yeah, I think that's what I think that's what I saw there a second ago. Whatever. Yeah. Yeah. Okay.
I didn't really understand it, but he told me that it was. All right. All right. Give me one second. Let me make sure I got that right for the order. Um, I'll look it up the property records real quick. 755.
All right. It is the Michael and Holly Stinson revocable trust. All right. I find that respondent Michael and Holly Stinson revocable trust is the owner of the property with the address 2755 Tamoka 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 section um 6-109 IPMC
section 302.7 uh regarding accessory structures and fences exist upon the property and respondents were given a reasonable amount of time to correct the violations but uh due to a misunderstanding um have failed to do so as of this date. The
corrective actions for the violation will be to fix the fence um so that it's not falling over. Additionally, I find that the city has incurred costs in the amount of the amount of 181 and.36 cents. Um,
respondents shall be given until October 10th to correct the violations. Respondent shall be responsible for noting notifying officer Flanigan of completion of such corrections who shall then confirm the status of the violation. Assuming it is corrected
prior to October 10th, the city's costs will be waved. If the respondent fails to correct the violation of by October 10th, a fine will be entered in the amount of of $50 per day until the
violation comes into compliance and further consideration for the administrative costs will be had at that time. Further and future violations of the same section shall be classified as a repeat violation. A certified order may be recorded in the public records of Bvard County. It is so ordered. Thank
you. All right. All right. Thank you, sir. Uh, do we have a code enforcement manager report? Uh, no, sir. No report today, but however,
um we wanted to let you know that effective November, the start times for the miss with code hearings would be at 1:00 p.m. in place of two. And we are moving forward changing all the correspondence and web pages to to
reflect that. Great. And I appreciate you guys being accommodating to my schedule for that. Um, if there's nothing else, I will go ahead and adjourn the meeting at uh 2:35. Great. Thank you guys.