okay uh good afternoon everybody my name is Don Wyn i'm a Florida bar licensed attorney specially appointed by the city of Titusville to serve as a magistrate for today's code enforcement hearings um 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 uh and provide your current mailing address so we have an updated record for sending any orders
the city will customarily 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 any objections after all evidence
and testimony have been presented I will make a ruling my ruling will be reduced to writing and mailed to you at this time I'll swear in all witnesses if you intend to testify for your case please stand and raise your right hand at this i'm sorry 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 you may be seated um we'll go ahead and approve the meeting minutes that were presented for
last month's code enforcement uh hearing um these were presented to us and uh everything appears to be in order so just go ahead and move to approve those and we'll go ahead uh with our uh agenda today the first uh I see there's no lean
reduction hearings on the agenda so we'll move on to the Massie hearings the first one is 25-04 for Explore and Discover Inc uh Officer Flanigan I believe this is yours yes sir 1700 Knox McCrae um this
violation has been put in the compliance or just requested an order for uh the costs everything else has been in compliance they've got the permits and everything so we're good to go okay uh is the respondent here no okay all right
so let me get my script here all right i find based on the evidence and testimony presented the notice was properly provided to the respondent and the respondent did not appear evidence demonstrates the property located at 1700 Knox McRay Drive Titusville which
is the former address and now 1680 Knox McGra Drive in Titusville 32780 um is no longer in violation uh the cost is I'm sorry $163.75 um and that will go ahead and be
placed onto the property uh a certified copy of this order will be recorded in the public records um the respondent is required to pay uh those costs and uh confirm that with code enforcement thank you okay we'll go ahead and move to the
second item which is 25-09 Emma B Port Lock Estate at 1121 Second Avenue i have some items to present to you sir that's the affidavit of notice the hearing for today
thank you thank you great okay uh like you said case 20 259 Emma Port Lock 1121 2nd Avenue uh the original violations were the sidewalk and driveways the overgrowth openable windows and roof and
drainage uh notice the hearing was posted city hall and property on April 2nd it was mailed on March 6th this case was originally heard on February 10th the respondent was found in violation given until noon on April 11th to come into compliance uh the
magistrate imposed a fine of $100 per day per violation commencing on April 12th and continue until the violations are corrected and the prosecution cost was $216.58 as of today there has been no corrective actions on any of these
violations uh just these are some of the pictures that I took in May and you see the condition is still the same today uh there's been no corrective action taken on any of the junk debris the roof the windows anything overgrowth it's all same
condition these pictures are from today or these are from May this is from last week when I post I'm sorry two weeks ago when I posted the property okay and as of today when I drove by um it's still in the same condition they haven't fixed or adjusted anything and there is somebody living on the property okay
uh is the respondent on this matter in attendance today no okay uh I find based on the evidence and testimony presented the notice was properly provided to the respondent and respondent did not appear um the evidence demonstrates that the property
located at 1121 Second Avenue in Titusville Florida remains in violation uh specifically the sidewalks and driveways um there's ogrowth uh and weeds on the lawn uh windows need repair and roof and
drainage uh repairs need to be done um these corrections have not been made and the property is not in compliance with the previous order dated February 10th um 2025 therefore I find that the city has established a continuing violation of section 6-109
um 2018 IPMC SEC or section 302.3 302.4 304.13.2 and 304.7 accordingly a fine of $100 per day is enthosed commencing um let's see that
would be tomorrow correct commencing April I'm sorry commencing April 12th uh 2025 and continue until continuing daily until the violations are corrected additionally the cost of
$216.58 has not been paid certified copy of this order will be recorded in the public records constituting a lean on the subject property 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
moving on to the next one which is 25-11 which is TPK Investments LLC at 2671 Sana Lane Titusville Florida thank you so uh I do have the registered agent
Darlene Tindel is here um so we had the violation was 3410 for the site permit required um the notice of hearing for today's hearing was posted at city hall and on the
property on April 1st 2025 certified copies were mailed uh first class January 7 2025 um so again this was originally heard February 10th of 2025 the registered agent uh was here and
presented testimony uh the respondent was found in violation in order to correct the violation on or before noon of April 11 2025 uh if she failed to do that uh the uh a
fine in the amount of $100 per day um per violation to commence on April 12th uh administrative costs in the amount of $234.19 uh were imposed so um I did meet with um Miss
Tindall on um April 10th um she did have a contractor come in to remove dirt um they did regrade the site um put down seed and straw the only thing I'm waiting for is the document from the um
contractor um just an invoice showing what work was done and just to verify what was done out there okay is Miss Tindall here today hey how are you good um I did have the contractor write a letter and I sent he
sent it over to her but she wanted an actual invoice so I talked to I was able to finally get a hold of him right before I walked in here that's why I was running late um and he said that he couldn't give me an invoice till tonight so I won't get anything until tonight um
I got a letter the other day which I already sent over to her but has a site permit already been applied for no Dina no I have to redo the whole permit because the house that I was doing does not fit on the lot um once he sends you Well I I guess that's beyond your control but imagine
he's going to get you the invoice within the next day or so uh how soon will it how long will it take you to get the permit applied for and everything well I thought if we took the loads of dirt off I didn't have to have the site the pull oh right right right okay yeah that was that was one of the options
right right right obtain uh submit for permit and obtain within 6 months or remove the filter and um is the is the city willing to give an additional time just to get this invoice squared away because I mean looking at
the pictures it does look like a good deal of improvement i remember what it looked like from before we we still want to see that invoice so if they can produce it by tomorrow then the case would be closed right
um trying to think what's the best way to structure this then um I don't want to have to come in for any additional hearings on it um so is it possible where if so long as she provides the invoice within or we told the implementation or imposition of
fines and for another day or so um and provided that she's able to get us the invoice in writing by tomorrow or the day after um those fines wouldn't be imposed yes okay all right uh I'm ready to make a ruling
on this then uh I find based on the evidence and testimony presented that notice was properly provided to the respondent and the respondent did appear evidence uh demonstrates that the property located at uh 2671 Sana Lane
has substantially complied um with the uh uh uh uh um compliance order from um what date was that february 10th from February 10th um the only thing remaining to be submitted is an invoice
from her contractor which um apparently should be issued within the next day or so um that appears to be the only um violation quote unquote uh remaining on the property um which is uh uh uh would
be section 34-10 um I'm going to uh uh give her an additional 2 days from today to have that submitted to officer Wright um if not uh provided a fine of $100 per day
will be imposed which will commence uh that date that's 2 days from now which is April Wednesday April 16th um additionally the costs uh of 23419 have not been paid um and
that will be also included as part of the order a certified copy of this order will be recorded in the public records and constituting a lean on the subject property the respondent is required to notify code enforcement obviously once she has the invoice so that code enforcement can verify and confirm so um
hopefully you get that from him stay on him get that done and squared away um but then obviously the cost of prosecution still needs to be paid okay thank you okay we'll go ahead and move on to 25-27 which is uh DeAndrea Mateo i think
I got that right 1435 Brook Drive Titusville Florida and this one is officer Flanigan all right make that recommendation okay
uh yes sir i'm here to present the notice of hearing for today thank you thanks sir and still the violation of the roof and drainage section 304.7 of IPMC uh was posted at city hall and on the
property on April 2nd 2025 and certified mail on March 11th and signed for on February 10th for the violation this case was originally heard on March 10th the respondant was sounded violation and given until noon on the 11th to come into compliance the magistrate imposed a
fine of $100 per day per violation commencing on the 12th and continue until the violations are corrected with the cost of prosecution of $251.80 as of today there has been no action permits pulled or anything to correct the violation um if you recall
these are the original photos that were taken back in July of 2024 um with the violation um do have newer photos there was some work that was done it has not been completed yet um it is still in
violation but there's a recommendation u because I did get a hold of the owner finally he was he did come in the property is vacant and apparently there was a issue with the post office that they were um allowing the neighbor deciding for the certified mail um who
does not have access to the property and there were some other issues with the postal service that he's getting resolved at this time i don't know how much detail you need to get with that but the U recommendation that we spoke with with him before this um case just a
few minutes ago he said he can get this all done within 60 days um my recommendation would be if you can give him the 60 days to get it done with the understanding the fine would be retro back to the 12th if he does not get it done and the respondent is here if you
want to if you need anything from him all right is Mr you said the respondent is present he is here and like I said I everything he's saying he I cannot deny like we have the green card copies back said the neighbor signed for it the neighbors here saying they signed for it he just wasn't
given the cards and everything i mean there is proper service by state law but due to the fact of these circumstances and like I said I explained to him the situation he agreed that he can get it done within 60 days which would be June 6th and he does understand my recommendation that it would be back
till April 12th since we already had these hearings mr deandre Mateo am I saying that correctly sir why don't you go ahead and come up to the podium real quick it's either search you gota talk
it's either Deandra Mario or Deandra Mateo deandra Mateo deandra Mario whatever what which one do you prefer uh Deandra Mario all right i'll try to get it correctly all right you did great is everything Mr officer Flanigan said correct and accurate yes yes he's been
really great okay and and the mailing issues or post office issues are resolved or in process getting resolved yes um I went down to the post office and uh there is a forwarding to my mail that should have went to uh my mailing
address which is 5030 Bara and uh it didn't she just went ahead and had the neighbor sign it and uh then she signed one and handed it to the neighbor i actually have copies of them give What is your um current
mailing address again uh 5030 Bara Avenue Titusville 32780 officer Flanigan you have that mailing address now going forward i do now yeah um the address was taken off the property site so that's Got it okay
um do you see any issue Mr andrew Mio about uh uh with uh bringing it into compliance within the next 60 days no no i I did a good portion of the work i also um well the neighbor was uh taking the green cards i was actually up in New
York my mother's 96 and she's ill okay so that's actually why I was MIA for them three months okay understood um I'm going to go ahead and make a ruling in and in in line with uh Officer Flanigan's recommendation
here so uh let me run through this script here i find based on the evidence and testimony presented the notice was properly provided to the respondent and the respondent did appear evidence demonstrates that the property located at 1435 Brook Drive um does remain in violation uh specifically um there are
violations of uh um section 1- I'm sorry 6-109 2018 IMPC section 304.7 regarding roofs um and the uh uh property is not in compliance with the previous order dated March 10th
2025 um therefore I find that the city has established a continuing violation of that provision however uh uh uh a fine of $100 per day will not be imposed um if let let me word this correctly uh the
respondent will be given 60 days from the date of today's uh hearing to bring the property into compliance if it is not in compliance after that 60 days a fine of $100 per day will be imposed but will be backdated to today's date um
which would uh or actually sorry it would commence on April 12th so it would be backdated to April 12th um if it's not completed in time additionally the costs of uh prosecution which is
$251.80 have not been paid um a certified copy of this order will be recorded in the public records and constituting a lean on the subject property the respondent is required to notify code enforcement once the property is brought into compliance so that code enforcement can verify and
confirm um so within 60 days if it's done and ordered and your only responsibility would be pay those costs okay where where do I uh pay the the fine the $251 permit yeah okay great yeah officer I can get you squared away with that so Oh
I'm sorry okay okay great thank you all right thank you sir appreciate it all right all right that will conclude the Massie hearings part um and we will now move to
uh there are no continued hearings so we'll go ahead and move to the initial uh hearings that we have on the docket i think the first one 25-29 is now in compliance so we don't need to hear anything on that correct yes that's correct um okay so we'll go ahead and move to
25-30 uh this is Vermont LLC at 1091 South Deleon Avenue i'm sorry yeah yeah yeah that's correct all right um Officer Flanning you may proceed yes
sir have a notice of hearing affidavit to present to you a notice of violation affidavit and Sorry the cost affidavit for $146.14 oh okay thank you sir you may go ahead okay again the
respondent Vermont LLC 1091 South Bleon Avenue the mail to address was 2582 Maguire Road 5 number 513 at OKOE the violations are section 304- I'm sorry 13.2 2 Open windows
304.15 Exterior doors 304.7 roof and drainage 305.3 Interior surfaces 308.1 accumulation of trash and debris 602.3 Heating Supply
704.2 the smoke alarms were required and 309.4 pet infestation uh this was an initial inspection done on January 19th 2025 date given to comply was February 17th uh notice of respondent was mailed to on January 10th
certified in first class mailed and it was signed on February 21st 2025 the notice of violation I'm sorry the notice of hearing was mailed out on April 2nd and it was posted my apologies it was posted at city hall and on the property
on April 2nd and certified male and first class mailed on March 11th and it was signed for on March 17 2025 uh this was an inspection done at the request of the tenant due to the conditions of the property uh the
original complaint was for no heat gaps in the windows and frames and beef hives in the wall mhm upon inspection I found multiple other violations on the property as well uh we'll go one by one if I get too fast for you sir please let me know it's a
multiple one uh this one is violation of the openable windows these are all foam shut they do not open they're sealed uh you can see the spray foam around the windows of the property um there's other ones in this as well obviously they have
plywood on the outside of the windows so this doesn't make it an openable window as well [Music] um this we have an exterior door i have another picture of the interior but this exterior door is on the back side of the property is sealed shut they don't have
access to open it that it was sprayed shut or I'm sorry used to seal it shut as well um so it does not open at all um and this is the condition of the roof and drainage and sophets since this is a second floor I don't know the condition
of the roof itself but you can tell by the damage on the sides that the sides the sophets and the roof and everything are in disrepair uh and again the roof and drainage i'm sorry that should be exterior walls my apologies um that's
actually a picture also of the infestation of the beehives that's where they're getting into the walls um this is the interior surfaces where there was work being done but it has never been completed when they moved
in you can see damage to the ceiling damage to the walls uh this is another picture of the ceiling in the on the walls i'm sorry ceiling in the complex uh and again more interior wall photos this is
a room they obviously can't use anymore um because of the walls and again this is in the bathroom the ceiling on there they just put up plywood to fix the wall and apparently there's mold and leaks on the back side of the wall uh and again more of the interior
surfaces this was the backyard bunch of garbage and debris in the backyard um tires all kinds of miscellaneous garbage and items in the back uh this is a picture of the AC heating switch for the apartment or townhouse
however you want to call it um it's not functioning so they have no heat in the house all the window units didn't work as well so they had no PE and again I know I know it's April but in January they had no heat in the house and it was pretty cold um smoke alarms is um none of the smoke
alarms worked in the property as well oh and this is again the picture of the pest infestation like I said there were beehives that or bees um in the wall in the exterior of the wall uh and this actually even though it does look like a repair they said they
had to patch that and repair it because running down the wall is actually honey from the beehives um and this is also next to the exterior wall and the windows that they sealed shut so the bees couldn't get in the property again down to the conclusions
of the facts openable windows the windows are sealed shut um some of them and some of them are covered with plywood others are damaged so they do not work correctly exterior doors that rear exterior door is sealed shut so it doesn't allow access in case of a fire
or anything so they can't get out the roof and drainage the roof has several rotted areas missing sophets and damage that needs to be repaired the interior surface the interior walls all over are damaged and and need a repair and also leaks water so there's some mold and
stuff on the walls uh the accumulation of rubbage or garbage there's large piles of debris in the backyard that needs to be removed heating supply there's no working heating supply as required for the property to maintain 68 degrees in the property um there's no
working smoke alarms on the property and the pest infestation the infestation of large amount of honey bees in the walls causing damage to the interior walls and leaking the honey in the walls okay recommendation ready oh yes sir
make sure you're keeping up there uh openable windows repair the recommendation repair replace the windows to function correctly and obtain permits as required the exterior doors the rear exterior door needs to open and function as required so it needs to be repaired or replaced the roof and
drainage to repair the roof and the sophets as required obtain a permit as needed the interior surfaces repair the walls and damaged areas uh accumulation of garbage remove all the items from the outside of the property with all those
tires and stuff the heating supply repair replace the heating unit and obtain the permit as required uh and the smoke alarms repair and maintain required smoke alarms and the pest infant station uh remove the honeybees
from the walls that's all I got sir the recommendation uh if the respondent doesn't comply by June 6 2025 is requested a fine of $100 per day per violation uh and violation continue until it gets
corrected in order respondent to pay the administrative cost of $146.14 and the respondent needs to contact me to confirm the compliance on this case i see that the uh respondent has signed the certified mails for both the notice of violation and a notice of
hearing have you had any communication with them no mm-m is the respondent present here today no those poor tenants all right um I've accepted and considered
documentary documentary evidence including photos and sworn testimony related to this matter from city staff i find that respondent Vermont LLC is the owner of the property with the address of uh 1091 South Don Avenue i find that
all required notices were provided in accordance with chapter 163 Florida statute and the city code and notice was met for this hearing based on the evidence prevented presented i find that uh the following violations exist upon
the property um those are sections 304.13.2 regarding openable windows 304.15 regarding exterior doors 304.7 regarding roofs and drainage 305.3
regarding interior surfaces 308.1 regarding um accumulation of rubbish rubbish or garbage um section 602.3 regarding um heating supply section 704.2 2 regarding fire safety and
section 309.4 regarding pest infestation um I find that each of these exists on the property and respondents were given a reasonable amount of time to correct the violations but either failed or refused to do so um the corrective actions for these violations
are let's go through them one by one repair repair replacing the windows to function correctly repair the rear exterior door to open and function as required repair the roof and sophets repair the walls and damaged areas remove all um items from the exterior of
the property uh replace repair repair replace the heating supply and obtain a permit if necessary uh replace and maintain the required smoke alarms and then also remove the B infestation from the walls additionally I find that the city
has incurred costs in the amount of $216.50 58 uh such amount shall be included with this order respondents shall be given until June 6 2025 at noon to correct the violations respondents 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 June 6 2025 a fine will be entered in the amount of $100 per day per violation until those violations
come into compliance further and future violations of the same section shall be classified as a repeat violation certified order may be recorded in the public records of Bvard County um it is so ordered thank you okay we move on now to 25-31 looks
like it's the same property owner um different address 1545 Kings Court Titusville Florida 32780 and I have three items to present to you is the notice of violation affidavit notice of hearing affidavit and the cost recovery again of
$146.14 thank you you may proceed all right again Vermont LLC this this one address is 1545 Kings Court Titusville the mail to address again 2582 Maguire Road uh 513 number in
AOE Florida the violation charges on this house uh all IPMC 605.4 the electrical equipment wiring 302.7 accessory structure 304.13 the windows skylights and door frames
304132 openable windows 304.7 roof and drainage 305.3 interior surfaces 305.6 interior doors 506.1 sanitary drainage system 602.1 the heating system 603.1
mechanical appliances 605.2 2 electrical equipment and 704.2 smoke alarms uh the initial inspection of this one was done on January 22nd 2025 notice of violation was posted on the property date given to
comply was February 17th notice a respondent was mailed certified in first class on January 22nd and certified sorry and it was signed for on February 4th 2025 notice of hearing was posted at city hall and on the property on April 2nd
and it was mailed on March 11th 2025 certified and first class mailed and it was signed on March 15th uh again I was requested by the tenant to do an inspection of the property the initial complaint was for no heat gaps in the window frame and I'm sorry it shouldn't be beehive there was
other damage on the property upon inspection I found multiple other violations on the property uh this is the electrical equipment wiring on the back side of the property you can see the exposed wires and stuff on the back side uh again this is the air conditioner unit on the inside exposed
wires as well uh this is the just more electrical wiring that's exposed on the back side that connects from the air conditioner over to this outlet um the again more electrical equipment
wiring exposed there um and this is the accessory structure which would be the fence in disrepair that needs to be taken care of uh another picture of the fence on the other side falling down uh the window skylights and door
frame same thing the windows on this property are old they don't sit up and stand open by themselves some of them won't even open at all um sorry and this one the door frame this one actually they said they can't open and
it's apparently a newer window and there's no indication that there was a permit applied for this one um so it's still not installed correctly and same thing with the openable windows they don't open as required uh the roof and drainage you
can see there you kind of see it i apologize the gutter system isn't hooked up correctly doesn't have a down spout at the end there so it just falls um Oops and there's also other damage to the roof the sophets are exposed and this one has a gap where you can get
right into the roof area uh and this is an indication that the roof does have a leak they have buckets and stuff on the inside of the interior said every time it rains the buckets fill up with water um and there was holes in the ceiling as well from the leaking and the inter interior
surfaces you can see it's peeling uh different mold issues and stuff going on on the inside uh this is another picture of the sidewall of the interior surfaces where it's peeling off and not properly done uh another picture as
well uh this a picture of the interior doors are all in disrepair they're not um a lot of them aren't connected the way they should be to the door frames they're just sitting there uh this would be the sanitary drainage system apparently this is hooked up to the
washing machine on the outside i'm sorry the washing machine's on the inside but every time it's on and it drains it drains right out into the front yard uh this is a would be the heating facility required but this is the air conditioner it's not properly mounted and there's no heating source on the
property at all again this was in January when it was nice and cold uh the mechanical appliances they complained about the oven here um not working properly as required for mechanical appliances said the heating element didn't work
um again with the mechanical appliances not working correctly the air conditioner is just another shot but still another violation that's not working correctly uh and again the air conditioner is not properly mounted it's just sitting on there and it's not doesn't work anyway but it's not
properly done uh and the electrical equipment receptacles they're exposed wires throughout the property as well um you can see just different pictures of it um this is the electrical box on the inside same thing it's exposed wires on
the outside of the breaker box uh and then on the top side and across the back side where apparently they're running new wires or something without any permits or anything um and some of the electrical same thing the uh outlets are falling off the wall
they're not properly attached and again more of the electrical receptacles not properly covered uh smoke alarms didn't work at the house at all none of them didn't see any of them there the conclusions of the fact the
electrical equipment and wiring exposed electrical wires throughout the house and around the exterior walls accessory structure the fence needs to be repaired or replaced um the windows skylights and door frames the windows need to be repaired to operate properly is required
openable windows need to be repaired as well uh roof and drainage repair the roof that is allowing water to enter the living area and repair the sophets is properly required and the gutters to make sure it's properly draining the interior surfaces repair cracks and
walls and deterioration of walls uh and the painting the chipping paint sorry the interior doors repair replace the interior doors that are damaged the sanitary drainage system uh obviously fix the plumbing drain so it's not d
plum um draining out into the driveway the heating facility provide heat to the property so it can maintain 68° as required uh the appliances mechanical appliances the oven does not properly heat doesn't work as well uh and the
same thing outside air handler is not properly working and not properly secured or installed um electrical equipment multiple electrical outlets um not covered and wires are exposed and the smoke alarms no smoke alarms are working on the
property and the recommendation the same thing repair all exposed electrical wires throughout the house and around the exterior walls uh repair the fence repair the windows to operate properly as required um including the windows make sure they open correctly as
required and stand on their own roof and drainage repair roof that is allowing water to enter the living area repair the sophets as required tan the gutters and fix the wood rot and obviously obtain the permits as needed the interior surfaces repair the cracks in the walls and deteriorating walls and
chipping paint um the interior doors fix the doors repair the plumbing uh repair replace the heating for the house uh repair the oven as required and fix the air handler as required um
electrical equipment receptacle same thing make sure that they're covered and the wires are not exposed and properly maintain your smoke alarms it is re recommended that the respondent comply by June 6 2025 if
not $100 per day per violation be imposed until the vi and until the violations are corrected ordered respondent to assess administrative cost $146.14 and contact me when it's completed is this uh connected with the other property that we just heard on are
they like in the general vicinity of one another they're in the general vicinity a couple miles apart but same same owner but same both tenants happened to reach out to you at the same time to Well um strangely enough yeah within a week or so I got both of them yeah these were
these were complaint driven okay well okay u make a similar ruling as I did with the other one so bear with me as I read through all 12 violations again um I've accepted and considered documentary evidence including photos and sworn testimony relating to this matter from
city staff i find that respondent uh Vermont LLC is the owner of the property of the address 1545 Kings Court 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 the hearing based on the evidence presented I find that the following violations exist on the property um violations of sections 605.4 302.7
304.13 304.13.2 304.7 305.3 305.6 506.1 602.1 603.1 605.2 2 and
704.2 um respondents were given a reasonable amount of time to correct the violations but either failed or refused to do so um the corrective actions for these violations shall be to um repair all exposed electrical wires throughout the house uh repair the fence uh repair
windows to operate properly as required repair and replace windows with permits um that don't properly work uh repair the roof um repair the softness around the property uh repair cracks in the interior surfaces and interior and um
paint chipping uh for the interior doors replace the interior doors that are damaged uh repair the plumbing uh to work and drain correctly repair replace the heating requirements for the house repair the oven as required and properly repair outside air handler and install
correctly on a concrete pedestal cover all the electrical receptacles and wires in the house and then uh replace and uh uh uh uh maintain the smoke alarms were required additionally I find that the
city has incurred costs in the amount of what was that 146 and 14 cents um such amount shall be included with this order respondents shall be given until noon on June 6 2025 to correct the violations respondent
shall be responsible for notifying 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 June 6 a fine will be entered in the amount of $100 per day per violation until the violations come
into compliance further and future violations of the same section shall be classified as a repeat violation certified order may be recorded in the public records of Bvard County it is so ordered thank you okay okay we'll move on to 25-32 which
is JL Miami Homes LLC which is at 990 Alfred Street hey officer okay again I have a affidavit affidavit of notice of violation affidavit of notice of hearing and a cost recovery for $12853
okay again JL Miami Homes LLC uh the violation address is 990 Alfred Street the mail to address is 3446 Southwest 18th Street in Miami uh again this was the violation of the electrical cover plates 304.7 roof
and drainage 702.7 I'm sorry 704.2 the smoke alarms as required uh 6-56A building permit required uh 602.2 the heating residential occupancy and the 603.1 the
mechanical appliances uh this inspection was done on December 3rd 2024 date given to comply was January 20th 2025 notice respondent was mailed on December 5th 2025 first class and certified and it
was signed for on December 16th notice of hearing was posted at city hall and on the property on April 2nd and it was mailed first class and certified on March 11th and signed for on March 24th again this was a request by the tenant to conduct an inspection of the property
uh the initial complaint was for no water pressure and dirt and water and no heat dirt in the water excuse me and no heat on the property upon inspection I found multiple other violations on the property uh this is on the back side uh this is the roof and drainage uh it's
required to have protective wood on the backside u this is just regular wood that was stuck up there um there's no painting or covering on it to keep it from deteriorating or rotting uh this is a picture of the inside there's no smoke alarms anywhere inside the property as well that's
required um this is a building permit that was required um this is a water heater that was installed incorrectly uh there was no permit on it that I can find the manufacturer date on the water heater was um May of 2020 which was
after when they purchased the property um and this is the overflow spray valve it's on the top of it um it's not connected to anything and it actually spray if it was having malfunction it actually sprays towards the electrical box on that wall there um and that's
only about it's only about 3 ft from that electrical box so it's not installed correctly and does need a permit um sorry uh this is the building permit that was required for accessory structure they
apparently um sealed up two windows that were supposed to be there um they yeah you can see the window seal on the bottom there and they covered it up apparently they rearranged the inside of the house they apparently put a bathroom there um with the indications but again
there was no permit pulled for this as well u and this is another picture on the right hand side you can see the same thing the covering of the window um that need a permit for you have exposed P wires electrical cover plates are missing off the property or I'm
sorry inside the house on a couple of them um the conclusions of the fact the electrical cover plates the electrical outlet covers were missing throughout the house roof and drainage unprotected wood around the sophets roof line and rear of the house uh there's no smoke
alarms working smoke detectors or alarms working on the property the building permit required would be required for the roof they re- roofed the house without a permit the water heater was installed new windows were installed without a permit and the enclosure of
those window spaces so they would need some type of um alteration permit as well to get that taken care of uh and then the heating of the residential occupancy there's no heater working anything working in the property to heat the house to 68° that's required and the
mechanical appliances would be the water heater not properly installed and the home heater not working as well would be the mechanical appliances uh the recommendation the electrical cover plates cover all electrical outlet plates roof and drainage add proper
protection of wood around the sophets cover the paint and obtain a I'm sorry that's the next one smoke alarms install and maintain smoke alarms in the house the required building permits obtain a permit for the roof the water heater new windows and enclosure of the window spaces all this has been done already um
so they would still have to get a permit to sign get it taken care of heating of the residential occupancy repair replace the heating of appliance to make sure it's properly being heated to 68° and the mechanical appliances the water heater needs to be installed correctly
um and the heater appliances the water heater definitely is a hazard that needs to be addressed and taken care of um the request of the I'm sorry is recommended the respondent comply by June 6th i'm sorry that shouldn't say April um three days
ago um requested a fine of $100 per day per violation till it is corrected in order to responded to assess the administrative cost of $12853 by June 6th they need to correct it and contact me when it's completed have you had any communication with this
owner no I have not okay is the owner uh present here today no sir no okay i'll go ahead and make an order similarly I've accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff
i find that respondent JL Miami Homes LLC is the owner of the property with the address 990 Alfred Street 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 the following uh uh violations existing upon the property there is NFPA1-11 uh.1.8 8 um regarding electrical cover plates uh with the IM IPMC section 304.7
roofs and drainage uh section 704.2 to uh smoke alarms uh six uh I'm sorry 6-56A regarding building permits are required for the roof water heater um the windows and the enclosure of the window spaces uh
section 602-2 uh requiring repair replacement of the heating appliances and and within the home and 603.1 regarding mechanical appliances specifically the water heater um needs to be installed correctly um respondents were given a reasonable
amount of time to correct the violations but either failed or refused to do so um those corrective actions again uh for the violations will be uh to cover all electrical plate out uh electrical outlet plates add proper protection of wood around the sophets cover and painting them installing and maintaining
smoke alarms in the house um obtaining uh uh permits for the roof the water heater new windows in the enclosures uh of the existing windows or the prior existing windows repair replacing the heating appliances and uh reinstalling the water heater correctly additionally
I find that the city has incurred costs in the amount of $12853 such amount shall be included with this order respondent shall be given until June 6th 2025 at noon 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 June 6 a fine will be entered in the amount of $100 per day per violation until those violations come into compliance further and future violations of the same section shall be
classified as repeat violations a certified order may be recorded in the public records of Bvard County it is so ordered okay all right we now have 25-33 um property owned by Robert and
Crystal I'm sorry Robert Kirk and Crystal Kirk Cook at 925 Cleveland Street Titusville Florida 32780 officer Wright how are you yes sir uh Robert Cook is here today he
did not get sworn in oh okay i'll swear him in when it's time for him to speak yes sir so I have three items for you uh affidavit notice of hearing the affidavit of notice of violation and the
cost recovery statement in the amount of $216.58 okay so again this is the initial hearing for case 25-33 our respondents are Robert Cook and Crystal Kirk Cook our violation address and mailing
address are the same 925 Cleveland Street Titusville Florida our violations uh IPMC subsection 404.4.4 for prohibited occupancies we have 12-23 junk and
debris 13-73 inoperable vehicles was actually um corrected this afternoon and then 30414 for windows and doors so the initial expect inspection
was August 27th 2024 the notice of violation was handd delivered to uh the owner they were given on or before September 10th 2024 to uh comply notices
were mailed to the respondent um September 11th it was found that I had missed mailing the certified so certified copies were sent um the owner signed for those copies on September 14th of 2024 the notice of hearing was
posted at city hall and handd delivered to the owner on April 1st of 2025 copies were mailed first class and um certified March 11 2025 and that date is wrong they were
not signed for on December 12 uh 16 2024 um so narration of the violation a complaint was received concerning trash junk and debris um from multiple individuals camping in the backyard and sleeping on the front porch the in
during my inspection I observed multiple violations including um an inoperable vehicle uh the accumulation of trash and debris as well as multiple uh windows on the house being boarded up or damaged i
was able to speak with uh the owner Robert Kirk on that initial day and the notice of violation was provided to him so I've met with Mr kirk on um multiple
um days to discuss the violations and what we can do to come into compliance um I do have the code sections so these pictures are from um inspections done at the property um this is the south side of the house or I'm
sorry the north side of the house trash junk and debris accumulated around the exterior we have the junk vehicle and additional trash and debris uh again a photo of the inoperable truck and more items stored
around the front walkway um this is a photo of several of the broken windows and more uh junk and debris um multiple windows both of these windows on this side of the house are
for bedrooms and those bedrooms are occupied uh junk and debris in the backyard so these were from this morning um this picture is from 10:30 i did receive a call from Mr kirk um that
truck was removed and my reinspection at 12:30 did confirm that that truck is removed now um again this is damaged windows and trash and debris along the front porch more damaged windows and junk and
debris on the front porch this is the sideyard and rear yard accumulation of trash junk and debris um this is in the backyard so this is a photo of the back of the
house um we have a porch that's being occupied um by several individuals and more trash and debris um being stored in the backyard as well as boarded windows and doors on the rear of the house and inside the house we do have
the living room being used as a bedroom um it is not a private area um the front door you walk right next to the bed um and have you cross through that area being used as sleeping to access um other
bedrooms and bathrooms in the kitchen so the conclusions of the case uh for section 404.4.4 Four the porches and the living rooms are being used as uh for sleeping areas for trash junk and debris
12-23 junk and debris is being stored um around the exterior of the house uh 13-73 is in compliance at this time and then 30414 our windows multiple windows are boarded damaged and do not function
properly so our recommendations is to order the respondent to correct the violation or before noon uh June uh 6 2025 uh to correct these violations we are requesting that the use of porches
and living rooms for sleeping purchases are discontinued uh trash and debris is removed from around the exterior of the house and that the windows and doors are replaced or repaired um to function
correctly obtaining permits as needed and if the that should say June 6th if the respondent does not comply by June 6th it is requested that a fine of $50 per day per violation that'll be three violations are imposed for each
and every day the violation continues we are requesting administrative costs in the amount of $216.58 and that the respondent contact me once the violations are corrected to verify thank you uh Mr kirk can you go ahead
and come up to the podium please all right sir uh can you raise your right hand do you swear or affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth yes sir okay and go ahead and state your name and your mailing
address for the record robert Clay Kirk and it's uh 925 Cleveland Street Titusville Florida 32780 um this is your opportunity to tell me what's going on you know if uh if there's anything that's different from what Officer Wright has stated or
there's any other context or details you'd like to share or like me to consider normally I wouldn't allow anything like my that get that I owned or my family owns get like that okay uh my uncle was in the real estate business here since 1968 bob Kirk's my uncle
jesse that just got killed a month ago was my aunt and the very day that I get the rest of your letters was the day we had her funeral so it's like I've been jumping through loops trying to get all this stuff done and it's like my brain's been scrambled i can get this done the
truck left there today i was in the hospital seven times in 2023 the reason that room has a bed in it because the insurance company my insurance run out and wanted to keep people doctors and uh
uh physical therapists coming to the house cuz I had a mini stroke and retach me how to walk i came home in a wheelchair in fact I thought I was going to have the big one coming up the stairs today getting in here that's what it took me so long that's why I was late
but uh I just want to say you know that I'm working as hard as I can on it uh in 2021 I put a brand new roof that was almost $13,000 in fact my uncle was alive then and he passed a couple years
ago but uh and he uh he helped me do it he owned a company called Quality Shelters and it's a metal roof it's a good roof uh that my house still needs some things but uh and then also I've been talking cuz I'm not sure after what
happened to Jesse that I even want to stay here i was born here in ' 61 i'll be 64 this year and u thinking about going to Alabama where some grandkids are uh so I got people now i got people who buy
houses and fix them make them really nice and flip them and stuff even have some that rent them you know uh when I was in the hospital in 2023 I think I explained this to her and by the way she's been real nice to work with you know I have no complaints whatsoever and
um but uh it uh when I was in there 2020 I uh came home from the hospital my daughter called me and my sister called me and said "Hey you got five people in your house." And I come home that's how those windows got broken and I said
'Really i said 'Well get them the hell out and uh so I actually had squatters living in my house and I mean it's just horrible what what I've been through i made some mistakes where I've let some people rent some rooms and they were the wrong kind of people i did get some good
ones though i did have some good ones i had one man who he's passed away now but he rented from me for eight years and uh no problem at all it was kind of nice having him there cuz he was Marine Corps and he kept the place smelling like a
barberh shop but uh you know only thing I asked if you know if if I don't get the place sold i showed her a contract the other day but we're negotiating and also you know I got two more calls today
uh one lady I guess is wanting to get with y'all to see if she couldn't put an assistant living there but uh I said "Well I can't answer that you'll have to get with them." But um if I could have extra time because of
the situation of what I've been through and my health you know the way it is you know this June 6 is just would just be right on top of me the truck that went out there this morning it's going to get a $7,300 engine put in it okay my truck
was out by Hickory Hills when I got home from the hospital okay and the motor was blew up okay it's taken me that long to get money together to take care of that when I come home my air conditioner first thing I had to do was spend $1,500
on evaporator because they had windows and doors open and it busted the evaporator to in order just to have air so the the caretakers that I had there for 24 hours they didn't want to be in a house that was hot so I had to get that taken care I just and then a first time
ever had a $59 light bill so I had to get that taken care of normally I only have a $200 light bill so it's been you know it's been an ordeal you know it really has you know and like I said I don't mean to stand up here and get the
violins out for background music but it hasn't been good especially losing my aunt the way I did you know it was not good um Mr kirk if it's okay why don't you go ahead and have a seat back again i think I don't want you to have to Thank you thank you struggle to be up i think we
can hear you okay um I certainly understand and and and and sympathize with uh the position that you're in um the status of the junk and debris that's out there has that improved since
you first talked to officer right it es e eb and flows um there is there's been an increase um since I was there on the first to now um there's an increase in what is on the property
which I did not know that i did not know that till today because I don't I don't go back there because I don't get around very good oh sorry here you go i don't I don't get around very good so I I haven't been back there today and then
I asked the guy I said "How is the backyard?" They don't tell me so I said "Look if you're going to cause me all this grief and all this headache I said "You're going to have to find a place to go." And I'm putting my foot down best I can you know not a strong guy I used to
be but the the mess out there that's caused by various tenants that you have or Well they're not even They don't even pay me any money they're not even they're just people who show up you know and if you tell them I I had her and an officer come to my house but she that was one
thing she did for me because she saw the hell I was going through she brought an officer to my house and what do they call that a blanket trespass horn a blanket so I have people arrested now i mean if there's a problem get them on
the horn and there they are right i um and the reason I ask about that is you know obviously um so the city has recommended you know 60 days to bring everything into compliance which includes removing all the trash and rubbish from the outside but also dealing with the the window
repairs and the permits and stuff like that i would be uh uh willing to consider maybe the city would be uh willing to consider um and I'll ask them here in a second an extended time frame for the permits and the window repairs but I feel like the trash and debris and rubbish that needs to be happen that
needs to be removed a little bit more immediately especially given the fact that it's been kind of ebbing and flowing as Officer Wright explained um is there any reason you think over the next 60 days you could not have that all removed
well thought I was telling I thought was going to help with windows and it took me a long time answered in October and they were saying well you know how did all the windows get messed up I can hear them okay it's
it's better without that just making all the windows got messed up I said they've been in here since ' 62 and I need you know and uh so I got a home to Home Depot Lowe's and I got a hold clay at Coastal Glass and Window and he had the
best deal he'll replace all of them including you know she showed me what they had the code had to be for $5,500 pay half up front half when he's done he installs them so you know I was looking towards that and I got him way out
because I'm on fixed income and I don't have an uncle or an aunt anymore to help me like I used to but uh I Right and I understand that but I'm focusing more on the trash and debris on the outside right now because that's not going to cost you money per se supposed to be ready in a week to 10 days because it
went to the man's shop today and uh and we already had the motor we already bought the motor uh I have my truck where I that that won't happen to me anymore now we have hauled some stuff away remember I told you I had the fellow that that rents another piece of property from me and uh and this ain't
the only piece of property I have i had property amends and I've never had any problems with code enforcement or nothing like I said I've been here since ' 61 i'm totally embarrassed by that that's not the way we do things not right would the city be
willing to entertain a slightly longer than 60 days for the permit and the window repair while keeping the 60 days for you know cleaning up the exterior allowing up to 60 days yeah yeah yeah we we would be okay with the windows
hey sir I have one question actually only five windows are really bad you think the ones that she showed on you know one two three and then the one in the living room has a
mole so that'd be four five okay so if I replace those the rest of them all are functional windows they're all and 1962 but you know that would So right so if if if I were to enter an order giving you 90 days get that all situated that
should be ample time right that's fine i'll make it I'll make I'll just have to just force myself now there's a possibility that we may come back up here and there be somebody else owns the house that's fine they'll have to take care of it you know at that time or you know we got guys that are coming
in and say "Oh no we got it we've got it the order we enter here today will be part of the record as well so if they were to buy the the property there would be information that they would have to contact the city to obtain anyway um unless there's anything else Officer Wright or Mr kirk I'm ready to make my
ruling okay okay um I've accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff um I find that respondents Robert C kirk
and Crystal Kirk Cook are the owners of the property with the address of 925 Cleveland Street 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 the following sections exist upon the property that is section 12-23 regarding junk and debris um subsection 304.14 regarding windows uh skylights and door frames or windows
specifically here and then oh also 404.4.4 um regarding uh the porches and living room being used for uh sleeping purposes um respondents were given a reasonable amount of time to correct the violations but either failed or refused
to do so um the corrective actions for these violations shall be to remove all the items being stored outside the house and in the backyard from the property uh replacing or repairing the windows to function correctly and obtaining
necessary permits and then also to uh cease utilizing the porches and lin room for sleeping purposes um additionally I find that the city has incurred cost in the amount of $216.58 such amount shall be included with this order respondent shall be
given until June 6 uh 2025 to correct uh the violations related to the junk and debris and regarding the um uh uh living spaces being used on porches in the living room uh respondent will be given uh an additional 30 days from that to
correct the violations related to subsection 304.14 um regarding the windows um respondent shall be responsible for notifying a code enforcement officer of completion of such corrections who shall then confirm the status of the violation
if respondent fails to correct um the particular violations by um June 6 for the two that are 60 days and then I guess it would be July 5th or 6th july 11th july 11th okay
july 11th for um the remaining violation regarding the windows a fine will be entered in the amount of $100 per day per violation until it comes into compliance further and future violations of the same section shall be classified as a repeat violation certified order
may be recorded in the public records of Bvard County it is so ordered um now Mr kirk obviously if you are uh in the process of selling the home again the the the order will appear on the record but I would advise that you notify any buyers of the ongoing issue so they do
remedy it and not uh uh uh take title subject to it um we've had some past hearings where I wasn't too lenient on them for disregarding city orders so bought me a real nice sheet plastic you know and the guys the two guys have come that flip houses came by and see me and
with the contracts and we've been trying to you know tweak the contract and get to where I'm happy with it my daughter's happy with it and um you know I showed it to him i said you know and you know I said all the taxes and all that are paid i
said there's nothing we're behind on but I said this is going to be an issue that's going to have to be taken care of and so he said "We've been down this road before is what they told me." So you know all right well thank you Mr kirk um you
know best of luck to you uh be safe leaving here and uh hopefully this all gets corrected and you know we don't have to be back here thank you all right thank you sir all right um I think that concludes the initial hearings um do we have a code
enforcement manager report uh just uh you you saw the new process that we've started today any suggestions that can improve it uh to help y'all out um no i mean I'm I'm I liked what you uh
gave to me today you made it easy reference for me as opposed to kind of like you know um asking to flip the slides back and stuff like that so it was definitely helpful um I don't see any tweaks I need done right now we appreciate you know everything you guys do to kind of
streamline it and you know idiot proof it so I can't screw things up here so all righty sir thank you that That's all I have all right if there's nothing else I'm going to go ahead and adjourn um let's see it's 3:18 right now so thank
you guys appreciate it