All right. Good afternoon. My name is Don Wyn. I am a Florida bar licensed 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. Customarily, 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 intend to
testify for your case, please stand and 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? >> All right. Thank you. You may all be seated. We are going to go a little bit out of
order in the uh interest of making sure these gentlemen make it to a subsequent hearing. Um this is for uh initial hearing for 26-116. Correct. want to start with that one? >> Yes, sir. >> So, that is 4749 South Washington
Avenue, Titusville, Florida. >> Yes, sir. >> So, I have three exhibits to submit. The first is the affidavit and notice of violation. The second is the affidavit and notice of hearing. And the third is the cost recovery statement in the
amount of $153.89. Okay. >> Okay. Once again, this is the initial hearing for case number 26-19 uh 116. Our respondent is Applewood Apartments LLC and Co- Agency Global, Inc., our registered agent. We've got a
violation address of 4749 South Washington Avenue. This is the clubhouse. In our we have two mailing addresses. 5713 Grant Avenue Sweet B in Duth, Minnesota, and then 115 North Calhoun uh
Street Sweet 4 in Tallahassee, Florida. We have eight active violations at this time. Section 12-23 for junk and debris. Uh IPMC subsection 605.1 for electrical.
30410 for stairs, decks, porches, and balconies. 30413 for windows, skylights, and doors. 304.6 for exterior walls. 304.7 for roof and drainage.
305.3 for interior surfaces and 504.1 for um general plumbing. So, the initial inspection was completed November 20th, 2025. Um the notice of violation was handd delivered to the employee on site. Uh
respondents were mailed certified and first class letters um on December 4th, 2025. Certified mail for the registered agent was signed for on December 9th of 2025 and the property owner signed for theirs
December 8th, 2025. Our notice of hearings were posted at the property and city hall June 30th, 2026. Our certified mail were sent to both uh addresses on June 9th of 2026
and both um registered or certified letters were signed for. So, in response to a complaint received um by mail, I met with uh Marina Point Kennedy Point Marina staff um who
provided access into the Marina clubhouse as well as to the exterior grounds and we completed an inspection of the property. Multiple violations were found and documented by photos. I also spoke with uh the marina manager,
Mr. Dylan Hul and concerning the complaint and the violations found and again the notice of violation was handd delivered to the staff member. I have been in constant contact with um the
manager Mr. Hook. Um we've met several times at the property and um corresponded via phone and emails. So, as of today, um, repairs have not started to the structure, but speaking
with the building department, an alteration permit was submitted Friday, July 10th around 4:00 p.m. It has not been processed yet, so it is not yet under review.
So again, these violations are in the clubhouse for the Kennedy Point Marina. Uh here we've got just a photo of the exterior walls and the windows, window frames being damaged.
So, this is a set of stairs and landing that lead up to the second floor as well as more windows and doors that um have issues. So, this is the layown ground on the
north side of the marina clubhouse. Um it's being used for general storage and junk and debris. Inside the marina office, the front doors are not being used at this time, but they are not um weathertight. We've
got damaged flooring, um sheetrock, and um ceilings throughout the uh clubhouse due to the water infiltration. Um for example, this is one of the uh workrooms just off that
front entrance. Um, we've got a rain leak and they're collecting that water. This is the another view of the clubhouse area. Again, currently it's not open to the public, but this is um
damaged due to the roof leak. Um, this is in the women's restroom. One of the commodeses has um is not in working order. So again, the conclusion of facts, we've got eight open violations,
junk and debris stored along the uh building. We've got electrical issues with conduit and exposed wiring. We've got stairways and decks and porches that have um deteriorated and rotten wood. Um, we've got doors and
windows that are in disrepair and no longer weathertight. Exterior walls um with uh holes and cracks in need of repairs. We've got multiple roof leaks in the building. Our interior surfaces leaks have damaged the
ceiling walls and flooring. And we've got a commode in the women's restroom that's not working. So, we're requesting that the violations be corrected on or before uh noon of September 11th, 2026.
Um by removal of the junk and debris um either obtaining a permit to correct the interior and exterior violations or complete repairs to the structure.
The respondent does not comply by September 11, 2026. We are asking that of a fine of $100 per day per violation commencing on September 12th, 2026 be imposed and continuing daily until the
violations are corrected. We're asking that admin fees in the cost of $153.89 be imposed and the respondents um must contact myself or the code enforcement office to schedule that reinspection.
What did you say earlier about the permit? They did they did uh >> they submitted a alteration permit about 400 pm this last Friday. It has yet to be processed. >> Um so it is not yet under review but
there is one in the system. >> Okay. I can have them speak more on it. So yes. >> Gentlemen, do you want to go ahead and come to the stand? >> Uh good afternoon your honor. I'm Dylan H. I'm uh here on behalf of Applewood Apartments LLC. Uh we do
business as uh Kenny Point Marina there. Um I'm also general manager of this facility. I'm also here with our general counsel uh Steven Moon. We have a hearing at two uh at Bavar Circuit Court to go after this. So that's why he's here. But I just wanted to start by uh telling you plainly that we have not
ignored these violations. Uh the marina's been working continuously since the day the inspection happened. And I kind of just want to walk you through what we've done. Um, uh, I haven't here the notice of violation. We actually got it in writing. So, issued, uh, December
4th of last year. It signed it cited two kinds of items. Uh, the first were operational items. Uh, using the particular parcel for boat repair and using the property for vehicle and trailer repair along with violations for accumulation of the junk and debris. Uh,
as far as I was aware, all those were corrected by January 20th. Uh, we stopped the boat and vehicle repair activity entirely and cleaned up the sided areas. Uh, in my notes I have that I reported in writing to officer Wright uh on uh before the deadline date and
she came out to do a reinspection on the 23rd. Um, so I'm pretty sure that the accumulation of junk and debris has mostly been done, but I would welcome Miss uh Wright to come and review that again. Um, so we completed most of the
repairs that did not require a permit, including the pool enclosure gate that was cited, but all the uh the second group of items I should say are concerning the marina building and clubhouse, which uh houses our offices as well. So that's all the roofing,
flashing, exterior walls, uh, etc. that are listed there. Uh, none of those can be fixed with a patch job. Most of these require permits and that is where most of the time has gone. If you allow me to explain, uh, first, we are not allowed
to do the work ourselves because the property is owned by an LLC. The owner builder exemption is not available available to us. I confirmed this with the city uh, building department in December. We have the equipment and expertise, but the law requires us to
hire a licensed general contractor plus licensed electrical and plumbing contractors that are registered with the city. Second, the plan itself has had to change a few times uh mostly because of what the city has told us thus far. Our first plan was to demolish the building
completely and build a new one later down the line. But at our pre-application meeting with the city planning, building and site development teams on January 6, uh we were told that temporary restrooms and showers would not be permitted during construction due
to the zoning of shoreline mixed use. Uh this is a working marina. Our customers and bo v Boers depend on the building's restrooms and showers every day. So full demolition was pretty much off the table. Um, we had to redesign the entire
project as a partial demolition and remodel, taking down about twothirds of the building and and the whole second story while salvaging and renovating the restroom and office areas. That is a much more involved design and permitting effort than just a simple tear down. Uh,
third, the building is also critical to our infrastructure. The electrical feed for our A and B docks runs out of this particular building. Before we can demolish anything, the service has to be rerouted somewhere or we must vacate the docks of anyone who needs power. Meaning people could lose their space that they
call home. For example, a new panel a bidder told us would take 8 to 12 months for an electrical fabricator to construct along with a disconnect work done by a licensed electrician in coordination with Florida Power and Light. And Titusville would likely require an electrical load study by a
licensed electrical engineer. We also need close coordination with Tyville Public Works on the water and sewer disconnects by a licensed plumber. We've also had to plan around losing dock revenue when the power gets cut during the construction phase. And fourth, work
like this simply takes time to design and engineer properly. An architect and a professional engineer had to study and measure the building, work out what could be salvaged and what had to come down, and produce signed and sealed construction plans and then revise them as the project developed. While that was
happening, we still had to bid out the job and meet with contractors, which frankly many of them did not want to take on a project like this, a partial demolition of an occupied operating marina building with live dock feeds running through it. Finding a general contractor plus an electrician and
plumber registered with the city who were all willing to able to do this job took real time. We have a licensed general contractor under contract now, ESJ Construction Group. We have a licensed electrical and plumbing contractor signed on with the permit. We off we have a set of signed and sealed
engineering construction drawings and our notice of commencement was recorded with Bard County on June 26 and on Friday, July 10th, the contractor uh submitted the permit for review. Uh every remaining violation on this notice
gets corrected by the permitted project. The work starts as soon as the city issues the permit. So essentially what we are asking is that your honor find that we've acted diligently and in good faith that you decline to impose any fines. Uh though we would uh uh we
accept the administrative costs uh and that you abate any further enforcement as long as we keep an active permit and keep the work moving forward. We do our best to maintain a working relationship and keep code enforcement informed at every step. And officer right is of course welcome at any time on the
property. We have a good relationship. I'm happy to answer any questions. I also have two document packets to hand you. Uh written response to this notice in an exhibit packet which mostly just contains uh a copy of our signed drawings uh uh demolition uh proposals
are payments for structural and architectural engineering just to demonstrate that we have been working on this Thank you. >> So, you guys are currently under contract. The permits already submitted. Did they give you a timeline for completion?
>> Uh, so right now the the biggest hurdle that we have is coordinating with floor power and light to uh shut the power off and then reroute it. At this point, um it could take potentially two to three months just to get FPL on board with
that. Um I'm really trying to work out how we can um do the work as quick as possible. Ultimately, it's in the contractor's perview to uh to do this in a a timely manner and also he knows that time is of the essence. Uh like I said,
it's mostly just the the hurdles that surround the present day, including time to obtain proper uh like the electrical panel to reroute the power and work with the utilities to get that work started.
Uh I do anticipate this work taking a minimum of six of six months. I it could be it could be slightly longer. I don't want it to be obviously I want to provide uh a facility and amenities to the customers there and by not having
these it also uh could reduce our revenue. So it's definitely not something that I would like to take any longer than it has to be. These uh documents that you sent uh or you just provided as your exhibits um
these are all either proposals or invoices. Do you have you guys accepted these proposals or contract? >> They are accepted. Um they have been paid part of our contract with the um with the contractor. In order for him to file the permits, we have to give him
that $4,000 deposit. So that's already been done and he has uh his agreements with the light with the licensed plumber and electrician. I unfortunately I do not know that's in his purview. He has not told me who they are exactly yet. I I believe they are listed in the permit
and I they're probably on the on the application although I don't recall what they were >> because I see that officer May here has recommended uh basically 60 days to get this done which is actually more than
the usual recommendation. So it's obviously it's not a lot but that's you know double than what's usually requested as far as time to bring it into compliance. Obviously, yours has a lot more violations and a lot more uh uh uh uh work that needs to be done, but
what I don't want to do is come back here in two months and find out, oh, you know, we're still uh uh reviewing proposals and, you know, we're not sure who the vendor is. That's what I'm trying to get at here. >> I understand the contract is signed. We do intend to do the work. We have to demolish twothirds of the building no
matter what. It's more or less of how long those are going to take in regards to the utility disconnects and stuff that I just I cannot have an answer for you. Unfortunately, it really does take longer than 60 days to do this type of work. I mean, it there is a lot of
complex uh uh construction elements that go into this. This the plans are sealed, the permit is there, it's in it's in the contractor's hands. So, I totally I totally respect what you're saying. I I just know the reality of the situation
that is is there. Uh I can't all I can say is that we're working due diligently to get it done. >> Yeah. And and I I believe you for what it's worth. It's just uh you know a lot of times when people come and ask for more time, they tell us, "Oh yeah, we got the permit submitted, you know, the Friday before the hearing." And so
obviously that gets me wondering, okay, like how >> and I I will touch on that briefly. He has tried to submit the permit a couple of times. There was a few obstacles of what he told me. I can't say exactly um and I also don't want to be in the realm of hearing everything, but what he's
told me is that >> f the first time he tried to submit it what it was kicked back because he did not have the electrical contractor and plumbing contractor on the permit yet. So then that caused a delay and my understanding he was going to file it earlier last week, but then Tyville did
not have the latest copy of insurance, so it kicked it back again. So, we had to provide the building department with a new or the whoever handles the permitting with a new copy of his insurance so that they could process the application. So, I do understand that in respect to the timing that we filed on
Friday before the hearing, I I totally I can totally see how that looks. I I can definitely say that is not ex is not our intention or anything to wait till the last minute to try to avoid uh the consequences of this hearing. That is absolutely not the case. I have worked
diligently to get us to this point to finally get that permit filed as unfortunately there's a lot of obstacles. >> Understand. Uh officer May as to his point about the debris being moved already. When was the last time you visited the property
>> access to that area? The last time was back in January. Um I have not been back in that lay down yard area. Um, I do have my notes from the 23rd, um, with the closing of the swimming
pool violations and the two zoning violations and we discussed what was out there and him moving that. Um, I don't have any other notes on that on the trash and debris. So, I I do apologize. >> Uh, well, I guess then I have to accept
your testimony. Can you describe the efforts that you've done to remove the debris? What it looks like right now? I have nothing really I can base this off of other >> Yeah. So, there was a lot of just miscellaneous debris from fencing and other plastic uh debris that had to be cleaned up and and threw into the
garbage. I mean, we've done a lot of effort um to clean up all the property, even the ones that are even not even sighted on here. Uh so it all that was taken care of to my knowledge and and we've been doing a lot better housekeeping in that area that's along
we've mostly been using it as um temporary storage. Um it's was a tennis court at one time. So it's a concrete pad. There really isn't very much use for it in our case like where the facility is right now. So, we pretty
much store um our equipment that we have on the on the property, including our kabotas um and just use it for our ground maintenance storage at this point. But most of it is cleaned up to my knowledge that it it's it is way better than it was today. And I thought
that's the what we had on the 23rd that that was the settled issue. >> Okay. um because they still have it listed as a violation, but I you know I think even officer May will realize can't really order in July that it's still in violation of that ordinance if she
hasn't been out there since January. So obviously your testimony would be the only thing um to that point and if you're testifying it's compliance I have to accept that. But given that when she comes back out and finds it if it's not the case then you know we'll just have to >> that that's no problem. She she's
welcome anytime like I said. >> All right. Uh as to the other violations of the other sections, all of those um the electric equipment, stairways, window, exterior walls, roofs and damage, interior surface, general plumbing, all of that, all of that is encapsulated by the work the contractors
are going to do. >> That is correct. >> Okay. They're familiar with the codes that that you've >> building codes. Uh twothirds of the building is going away completely. it'll just leave the um just leave the uh bathrooms in the offices which is
actually a relatively small footprint. >> Uh they understand the roofing codes. They have they have everything. So it's going to be re-roofed completely and then there's going to be a new exterior uh wall um redone where they there would be existing drywall be come up to
exterior code. Um we have all the architectural plans for the um the beams and everything that to to make the roofing. Uh we pretty much have everything down. The the plan has all five sections of it is my understanding.
Everything is done except the electrical engineering plans which we are currently working on for rerouting the power. But that requires um us to have the permit first is my understanding. I I'm unfortunately I'm not the contractor. He
has this laid out um and he has a course of action. I I'm doing the best to relay based on my knowledge. So procedurally what happens here is I have to make a determination whether or not these uh violations exist on the
property and based on what I'm hearing now the the first one as far as debris probably is is in compliance. the remaining seven of them. I don't think there's an argument on your part in your part that they're not in compliance. It's just that you guys need more additional time. Um this you what
happens at these hearings is I have to find that the violation exists as of this point. Now whether the next hearing is within 30 days or 60 days as recommended by the city or I agree to a longer time frame what happens next is you guys come back to that hearing at
that time and explain why you are or are not in compliance still at that time for instance if I say hey even though the city has recommended 60 I'm going to give you 90 you come in here in 90 days for that hearing and you say hey these are all the steps that we've done the
permit actually wasn't issued because of other complications until this date. Um our our vendor wasn't able to mobilize until this date, but this is the progress. Officer May's been back there. The we can push back when those fines start being imposed. So
regardless, the fine not being imposed today. >> Oh yeah. >> So whether we come back in 60 days or 90 days, which I'm thinking is what I'm going to do is give you 90 days to come back here and explain, you know, what steps that you've done. And hopefully at that time there have been real concrete steps and you guys can show that to us. And that I based on what you're telling
me, it should be pretty easy for you guys to show and demonstrate that. Uh just, you know, obviously do your best to keep in contact with officer May. Um but I am prepared to make an order um to that effect. Do you have any other questions? You want to say anything else before I
>> No, I I agree with your sentiment that the permit it, you know, crystal ball that the permit should be issued and we would be doing active work. So any future time that I stand up here, I would show the active work that is being done and just say that that the estimated completion target is this.
>> Right? >> Now flip side, come here in 90 days, you say, "Oh, you know, this the the the permit was denied. We got one, we didn't get the resubmitted one in until, you know, the week before the hearing, then you know, >> probably going to be a little bit less leniency there." Okay. All right. >> All right. Thank you. I have accepted
and considered documentary evidence including photos and sworn testimony related to this matter from city staff as well as the evidence provided by the respondent which we'll add into evidence as well. Uh I find that
respondent Applewood Apartments LLC is the owner of the property of the address of 4749 South Washington 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 present presented, I find that violations of sections uh uh I'm sorry uh IPMC subsection 605.1, 304.10, 304.13, 304.6, 304.7,
305.3 and 504.1 of the city code. um exist on the property and respondents were given a reasonable amount of time to correct the violations but have uh failed to do so to this point. The corrective actions for these violations shall be to continue uh uh uh obtaining
the permit as described in completing the work uh set forth in that permit. Um I do find that the city has incurred costs in the amount of $15389. I think I wrote that down. Yeah, 89. Such amount shall be included with this
order. Respondent shall be given 90 days. What? What? Officer Glenn, what will be a date that's 90 days from today? >> May December the 9th would be the Friday before the hearing >> or October. >> Yeah. >> Well, October 9th would be the Friday.
>> It'd be the Friday before the hearing. >> So then the hearing Okay, got I got you. Okay. All right. Respondent shall be given until October 9th to correct the violations. 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 the violation by October 9th, fines will be entered in the amount of was a recommendation $100 per day. $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. The certified order may be recorded in the publics of Bvard County. It is so ordered. All right. Thank you, sir. Um before we go on to the second one, officer Glenn, um Mickey's trying to log in and view and take notes from me, but
she says the live stream is not active right now. Can we ask our tech expert, >> your honor, thank you for the courtesy? >> Of course. Thank you. I'm
>> I'm gonna take a quick bathroom recess real quick. Sorry. All right, my apologies. Um, all right. Well, let's go ahead and finish up the initial hearings that we have for today. Um, the first one on the agenda technically is 26-109,
which is for 935 Loretta Drive, Titusville. Yes. >> Before we go, u the non-compliance hearing, it is in compliance. And could we get a order that says that it is in compliance? >> Yeah, I was going to go back to that,
but yeah. >> Yes. Yes, we will. All right. >> All right. I've got uh three items to submit. The first is the notice of violation and affidavit. The second is the notice of hearing an affidavit. And
the third is the cost recovery statement in the amount of $312.38. Can I give this to you for the last one? This is the evidence they wanted to enter into the record. Thank you. So once again, this is the initial
hearing for case number 26-109. The respondents are Wayne Low, Joanne Low, and Brian Lowour. Our violation address and mailing address are the same of 935 Loretta Drive here in Titusville.
We have a secondary mailing address of 4120 Grove Lane here in Titusville, Florida. We have two violations uh open violations. The first one is section 13-26 for overgrowth and the
second is um IPMC subsection 302.7 accessory structure for the fence. So the initial inspection was completed July 8th of 2025 and a notice of violation was posted.
uh notices were mailed to the respondent on July 11th, 2025. The certified mail was returned vacant on July 21st and a secondary copy was mailed to the secondary address August
1st of 2025. Notice of hearing for today's hearing was posted at city hall at Grovewood Lane and on the property on June 30th, 2026. Certified letters were sent to both addresses June 9th of 2026
and the certified mail sent to the Grovewood address was returned unclaimed July 29th, 2026. So, this was a proactive inspection last July where I observed grass and weeds in the yard over 12 inches in height. Um,
trees and bushes were growing along the fence line onto the um house. We had trash and debris on the driveway and throughout the yard and the wood privacy fence was falling down in areas. Notice a violation was posted on the front
door. So contact was made with Miss Joanne Lower in March of 2026. I had originally had this um case um set to go to hearing in March uh or in April. We met with Miss Lowour
and um Mr. hour on March 27th discussing what she needed to do to bring it into compliance, including um mowing the yard and either repairing or removing the wooden fence. Um as of the results, as
of this morning, the grass and weeds have not been addressed, nor has any repairs been started on the fence. So, these are photos from June 30th, um, when I posted the property. Again,
showing the overgrowth on the house. This is the front yard. This is the wood fence along the west side of the property. Again, the fence and overgrowth. So again, our conclusion of facts, we've
got overgrowths uh on the property and the wood fence is in disrepair. We are requesting that the respondent be ordered to correct the violation on or before noon of August 7th, 2026 by
uh having the yard cut and trimming back vines, trees, and bushes away from the house and fence and either repairing or removing the wood fence on the property. We are asking that administrative costs be assessed in the amount of $312.38.
And if the respondent does not comply by August 7th, we're asking for $50 per day per violation be imposed commencing August 8th and continuing until the violations are corrected and that the respondents must reach out to our department to schedule that
reinspection. >> Great. Are the respondents here? >> They have they were not here for >> Yes. Can you go ahead and state your name for the record and provide your current mailing address so we have an updated record for any orders?
>> Um, I'm Brian Lowour. Uh, my mailing >> I'm Joanne Lowour, his mother. >> 4120 Grove Lane is my current address. >> And then I need to swear you guys in. Can you raise your right hand if you
intend to testify? Do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Yes. And you, >> ma'am. >> Yeah. >> I saw you nod your head, buddy. Yeah. Affirmative. Okay, great. Tell me your side.
>> Um, what's our She just wants to know our side of it. Um, I don't know. This is We've been really busy and our lawnmower's been broke. We just got it back and just about to go. I was going to actually go mow it yesterday, but it rained really hard so I couldn't do it.
But I got my lawn mower in the car right now. I'm going to go mow it right now actually after this. >> And what about the accessory structure? The wood fence I should say. Sorry. >> Sure. What does she mean by that? Is that just the fence? >> Officer May, do you want to explain it to them?
>> The accessory structure? >> Yes, sir. We discussed the the wood fence around the yard. Um you guys had the option to repair it. Um getting it structurally sound or removing it, whichever you guys which direction you wanted to do. I know you had some
restraints. >> Yeah. Yeah, we'll figure it out. We're gonna probably take it down. I guess maybe put up a chain link one or something. >> It's not going to require permit.
>> I don't know. Would that probably I guess >> the change in materials would trigger a new permit if they went back with a wood fence. um or repairs would not require it. >> Okay. >> Yeah. >> Something like that.
>> And like I told the the prior gentlemen that were up here, no fines are going to be imposed today. You're going to give a certain you're going to be given a certain amount of time >> to remedy it. Um, well, you do have the administrative costs which we have to to to to impose at this time, but as far as
like the fines that acrue daily, there's not going to be anything imposed here today if you fix everything within the 30-day time frame. Now, it sounds like as far as the over overgrowth in the lawn, sounds like you're going to get that remedied and rectified. Um, is the wood fence going to be an issue? Are you going to be able to do that?
>> I should be able to do it. I mean, I work every day, but I should be able to do it. I I'll I'll take care of it. If it's going to cost me 50 bucks, good day. I'll take care of it. >> Miss Lowour, is there anything else you'd like to add or >> I can't hear?
>> Is there anything else you want to add? >> Huh? >> No, there's not. >> I can't hear. >> Is there anything else you want to add? >> Uh, no. I guess not. >> Okay. >> All right. Well, >> um I appreciate your time and you know,
hopefully you guys get it remedied uh quickly and you know, there's no need for a future hearing, but um I've accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that respondents Wayne Charles Lowour, Joanne Lowour, and
Brian Matthew Lowour are the owners of the property of the address 935 Loretta Drive, 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 based on the
evidence presented. I find that violations of section 13-26 regarding overgrowth um and section 6-109 IPMC subsection 302.7 regarding accessory structures exist upon the property and
respondents were given a reasonable amount of time to correct the violations but have failed to do so. The corrective actions for these violations shall be to mow the lawn, fix up the the remove all the weeds and grass that are over 12 in,
and then to repair or remove the wood fence. I find that the city has incurred costs in the amount of $312.38. Such amount shall be included with this order. Respondent shall be given until August 7th, 2026 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 a violation by August 7, 2026, a fine will be entered in the amount of $50 per day per violation until they come into
compliance. 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, sir. Thank you, ma'am. >> Thank you. Okay, the next one I have is 26-112,
which is 310 South Dixie Avenue, Titusville, Florida. >> Again, sir, I have three items to present to you. the notice of hearing, notice of violation, and the cost recovery affidavit for $26.72.
>> Thank you, sir. Good. Again, this property is for 310 South Dixie Avenue. The mail to address was 701 Mills Estates Place in Chiliota. Um, the current tenant is here. She informed me about the fence has been corrected and the plumbing issues have
been resolved. So, we're just going to discuss the junk and debris today, sir. Put the other two as complied. You've verified that they're compliant as well. >> Yes. >> Okay. Great. Right. >> Uh again, initial inspection was on March 16th. Notice to given the comply
was April 13th. Notif violation was mailed first class. Um the hearing notice was mailed on June 1st and it was posted at city hall in on the property on June 29th. Again, I received a complaint from the neighbor reference large pile of debris
on the property. Um and several other violations. Um, when I checked the property, it was vacant at the time. With access to the neighbor's property, I was able to see the issues. Um, as you can see, there's junk and debris up on the side of the house. Um, on the right
side there. Um, that's another picture of the junk and debris of a more current state. And when I went to today, the junk and debris is still on the side of the house. the current tenant that's there when she moved in this stuff was not or I'm sorry this stuff was present so this
is not her stuff um she's here today um on behalf of the owner but I don't think she would have much to say other than confirming that this is not her jump um and that's all the other sorry uh and then the re me
recommendation is removal of the junk and debris and like I said the other two have been resolved and order a respondent to pay the administrative cost of $26.72. If the respondent doesn't comply by August 7th, 2026, a fine of $100 per day
for that one violation until the violation is corrected and to contact me for a reinspection when it is corrected. >> So, you've spoken with the neighbor and the tenant, but never with the uh owner himself or herself. >> Correct. The owner never has reached out. >> Okay. All right. I've accepted and
considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that respondent Adiba Shuja is the owner of the property with the address of 310 South Dixie Avenue, Titusville, Florida 32796. 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 regarding junk and debris 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 shall be to remove all debris uh being stored outside. Additionally, I found that the city has incurred costs in the amount of $26.72. Such amount shall be included with this order. Respondent shall be given until August 7th, 2026 to correct the
violations. Respon respondent shall be responsible for notifying the code enforcement officer of completion of such corrections. You shall then confirm the status of the violation. If respondent fails to correct the violation by August 7th, 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 section shall be classified as repeat violation. A certified order may be recorded in the public records of Bvoulevard County. All right. Thank you. Moving on to I think 26-113.
Uh this is 3240 Westwood Drive. >> Sir, I have to present to you the notice of hearing, notice of violation affidavit along with the cost recovery of $26.72. >> Wonderful. Oh man, that's why you're my favorite.
>> You may go ahead. >> Uh again, this violation address is 3240 Westwood, the mail to address of 4939 East Kell Drive in New Middleton, Ohio. Uh and these are several violations. Um,
I can go over all of them. Uh, 1373, the inoperable vehicles. Uh, 20-58A, parking violations for parking on the front yard. Junk and debris. 1223. Uh, 28357, detached accessory structure. 28-360,
a homebased business. IPMC 605.1, electrical equipment installation. 302.1 on IPMC as well for the exterior sanitation. 302.3 Sidewalks and Driveway. 304.1 General Exterior Maintenance. 304132
openable windows. 3047 roof drainage. 305.3 interior surfaces. 6-241 permits required. Uh 6-56A permit building permit required. And I'll explain both of those. And IPMC
704.2 two for not having smoke detectors in the property for a rental property. Uh the initial inspection on this was on no I'm sorry May 21st 2026 and notice was posted on the violation. It was given until June 30th 2026 to comply.
The vation mailing was on the 22nd. Um I have been in contact with the owner. We also signed for the certified mail and the notice of hearing was also posted on 629 at the property and city hall. Um
this basically on May 21st I was assisting uh with a criminal search warrant that was done on the property. After the scene was secure I was tasked with checking the property for violations. I completed my inspection and posted the notice of violation on the property. Uh and again I've owner
and the tenant I apologize and spoke with the property owner about this ongoing issues because we've been out there several times for code violations and other criminal activities. I can't get into the criminal case because it's still pending. So um
again when inspection of the property there was inoperable several inoperable vehicles on the property unregistered and in state of disrepair. Uh this one has no tag that was backed in the driveway. This was on the side of the property um in an unrunning condition in
disrepair. Um as you see from the front front tire was obviously not attached. The bumper is missing and some of the engine parts were gone as well. Uh this vehicle as well is inoperable. It actually had an expired tag. These are the just the poor four
pictures of the parking violations parking on the front yard. Um, this is just an overhead shot of the violations from the drone that just show where the vehicles are in the property. Uh, junk and debris on the side of the house. Um, stacks of tires
and miscellaneous debris on the side of the house on that side. Um, this is in the backyard. All the junk and debris, the pallets and etc. that were in the back. Um, this is on the side of the property. There was tools and other junk and debris and different things spewed
about on the side. Um, and also this also covers the 28360, the homebased business for having all your homebased equipment outside being stored. It covers that under that violation for not having the proper storage of your equipment because he apparently was
running a automotive repair business off the property. And this was the shed that I was informed that he was using as a um like a co- office and a waiting area for people that were getting their cars
fixed. Um which isn't allowed. Um the electrical equipment installation. These are different wires and stuff that were coming out of the power meter. Um on the bottom there in the middle you can see a power strip. Um yeah, that's not meant to be used outside.
Uh that's just another picture of the different electrical things that there was no permits for the installation of and I agreed or sorry when I spoke to the owner he agreed that none of that should be there. Uh they basically were tapping into the breaker box outside to
add additional power. Um uh this is just an uplose picture of the um another power strip that was located inside. Uh the electrical equipment installation. They were basically using wires and having exposed wires
um that were not the code to prop up. That's actually for a window air conditioner that we'll discuss in a minute. It's also the interior surfaces that they damaged by cutting a hole in the wall to mount that. Um, again, exterior sanitation with all the
automotive repair business that he had outside. He also had um containers of oil, gasoline, um, radiator fluid, and probably power steering and everything else he had out there. Uh, again, just another shot in the middle. There is pretty much you can see the radiator
fluid, bottles, and different things. Um, >> is this in a residential neighborhood? >> This is a residential neighborhood. Yes. Um exterior sanitation again with the tires and stuff. You also have the um open tires that could be a collection for mosquitoes with the water and stuff
being stored in there. Um sidewalks and driveways. This was the driveway obviously is blocked, but you also have the sidewalk that's obstructed by the tree that's only about um three and a half ft off the ground. The tree needs to be cut back to allow proper access.
Uh the again the general exterior maintenance, you have an overhang that they installed with um some sort of like particle board plywood that's all rotted um and falling apart. Um this is the back side of it and there's also no
permit for that structure and the owner agreed he didn't want it there as well. He didn't give access or permission for it to be put in there. Uh this is the backyard. Again, just the exterior maintenance of that shed and on the back, the rotting wood and everything.
Uh, openable windows. There were several windows in the property that weren't able to open and stand open on their own. They were all some of them were taped shut and weren't openable and they had some of them they had covers on them, so they weren't um sealed properly.
Um, roofs and drainage. Um, you have wood rot around the sophets on the bottom there and the gutters that are damaged and the down spouts weren't connected properly. Uh, another shot of the down spouts. Um, kind of a hazard there with the down
spout going straight into the electrical light there and more wood rot that you can see. Um, another picture of the backside with the wood rot and the sophets that were damaged. Um, this is on the interior of the surfaces. Holes in the wall and the
seal, I'm sorry, holes in the ceiling that were put in there. This different picture of the interior surfaces with the holes in the ceiling area. Um, and the permit the permit required was for the
Sorry, going so fast. Um, >> water heater >> was obtained. No, not yet. the uh I'm sorry, the permit was obtained for the shed that was installed without with I'm sorry, with electrical >> connections because it had power running to it
>> um without the without a proper permit on that one. Um and then the uh building permit, I'm sorry, that's just the driveway where you can see the power cord running from the electrical box going out to the shed.
Permits required. That's the inside of the shed. You can see the office area and things. Um, and that would be the building permit required for the water heater that was installed on March 6th by someone named Cecil was nice enough to write that on there for us. Um, and a
building permit is required for that size shed that's on the property. It needs to be permanent. It can't be just there. And again, the owner doesn't want it on the property as well. Um, no pictures of this, but it's just to indicate there was no smoke alarms on the property.
Um, and these are just follow-up pictures. And as of today, there's still vehicles parked on the front yard. There's still the trampoline's gone, but other vehicles are still on the front yard. The tires are still there. Um, I couldn't I haven't been in the house to check on the inside of the house, and
the shed is still there, and as far as I can tell, the electrical is still hooked up. Um, there I have spoken to the owner several times. Um he is trying to work with us to get it removed and but he's trying to do his
best with the tenants. Uh and these are the recommendations. Um I don't know if you want me to reveal them. These are all the recommendations >> uh for all the violations. >> Uh in order to the request is the order respondant pay the administrative cost
of $26.72. If the respondent doesn't comply by September 11th, 2026, it is being requested a fine of $100 per day per violation be imposed and continue until the violation is corrected. And the only reason we gave him the 60 days is due to the fact we have been on this property
before. I believe it was seven other times for different violations. Um, and he assured me he's in the process of evicting them if they don't correct these violations. That was the reason for the 60 60 days and the quick turnaround to get this to the magistrate to make sure it does get quick get taken
care of quickly. Uh and to contact me to do a reinspection. I was wondering why you're asking for 60 days cuz I want to give them like 10 days. This like is a spec spectacular like disregard for safety out there. you
know, you have several fire hazards and throw some tires out there for good measure. It just seems 60 days seems a little bit long, but if that's your recommendation, >> I was doing that cuz he's out of state and he is being cooperative and he did say he's going to evict them and get them out of there.
And like I said, there's other criminal aspects that I can't discuss today. So, >> okay. >> All right. Well, that's more lenient than I would have been, but you know more about that than I do. So, I will accept your recommendation. So, um the
respondent's not here, right? On >> Okay. And he knows about the hearing today. Well, he signed for it. >> Yes, he's aware. >> All right. I've accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that
respondent Richard Merl uh Sophranic is the owner of the property of the address 3240 Westwood Drive, Titusville, Florida 32796. 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 there are all right 15 violations uh which are I'm going to read them along with what they need to do to uh
the corrective action for each one. Uh section 13-73 regarding inoperative vehicles. They need to remove all uh vehicles from the all such vehicles from the property. Uh 20-58A um again regarding parking is removing
all parking uh vehicles from parking on the front and side yards. 12-23 regarding junk and debris. They'll have to remove all junk and debris including tires and hazardous fluids. 28-360 regarding a homebased business. Uh they
need to uh uh cease conducting the auto mechanic business. uh section uh uh 6-109 2018 IPMC section subsection 605.1 uh electrical equipment installation uh
all the electricity electrical needs to be installed correctly into code or otherwise removed subsection 302.1 regarding exterior sanitation uh remove all the tires holding water car parts oil radiator fluid and other
items not safely stored Subsection 302.3 sideways and drivewalk uh I'm sorry sidewalks and driveways cut the tree branch from causing obstructed use of sidewalk. Uh subsection 304.1 regarding general exterior maintenance.
Remove rotting wood overhang and supports over the driveway. Uh subsection 304.13.2 regarding openable windows to repair all windows to function as required. Subsection 304.7
roofs and drainage needed to repair the roof and gutters as required. 305.3 interior services need to repair interior walls and ceiling including from the window AC unit installed through the wall. Section 6-241
regarding permits. Uh they need to obtain a permit for this shed that has been installed with uh improper electrical installation or otherwise remove it. 6-56A uh building permit uh need to obtain one
for the new water heater and then uh IPMC subsection 704.2 uh regarding smoke alarms need to install smoke detectors as required. Uh these violations 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. I find that the city has incurred costs in the amount of $26.72. Such amount shall be included with this order. Respondent shall be given until September 11th, 2026 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 September 11th, a fine will be entered in the amount of $100 a day
per day per violation until the violations are corrected. 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 Breard County. It is so ordered.
All right. I think our last of the initial hearings is 26-114 for 19 North Park Avenue, Titusville, Florida. And I have for you the notice of
violation, notice of hearing affidavit and the cost recovery for 24194. Uh again, this is for 19 North Park Avenue, uh with the mail to address as well. Um this one only has one violation, sir, and this is for tree
removal without a permit. Uh this the initial inspection was on September 24th, 2025. He was given until October 202, 2025. The violation was mailed to on September 25th, certified in first class. Notice responded to the hearing
of the day was mailed out and certified on June 1st. That was posted on the property in city hall on June 29th. Basically on September 24th, 2025, I received a call from senior engineer site inspector Chris Enright to meet him at North 19 North Park Avenue and
reference trees being cut down on a vacant lot. Upon arrival, I me met Mr. Enright and the property owner, Arturo, on the site. Arturo had purchased the property in June of 2025. He advised he was cutting down the trees for future development. He advised that he was
unaware of the required permits and needed by the city. In November, I received copies from Stratford trees that have for you as well. Arburish report about the trees on the property along with the res with a restoration landscaping plan for the property. I
spoke to Arturo about the about him trying to resolve the issue with the building department. I advised them I would give them extra time to try to resolve it um through the city about um submitting plans for the house and doing the mitigation plans for the trees and
stuff to see if they would accept it and as of today unfortunately no permit has been approved. Um he has attempted it though. Um these are as the day of um couple trees that were on the property um and the restoration plan and the
Stratford tree information that I'll show you that was done about this about a month month later about about a month later he got Stratford trees out there to indicate that most of the trees did need to come down anyway that they were damaged or diseased.
Um these are just some other pictures of the property and again that was day of which I apologize the updated photos are it's all the trees are gone.
he is here today um to discuss this um oops I'm sorry again the violation is the tree removal without a permit and no personal organization association corporate agency representative thereof shall cut
down or remove any tree on the city without a prior permit and order to respondent the recommendation is order to respond to the assess the administrative cost of $241.94 and this is fine as irreparable per the
city code it is $5,000 but um like I said he's been I will say he's been very diligent in keeping in touch with me and contacting me about trying to resolve this issue through the city um and has had some issues with doing that but I will let him discuss that for you again
I do have the landscape plan that he was going to submit and the Strapford tree indications and I have spoken to them and the city as well. They informed me that they would probably would have issued him a permit if he did so originally to cut the trees down.
>> Can you go ahead and state your name and provide your current mailing address so we have an updated record for sending in the orders? >> Maruro Bion Jr. I live at 4350 Sunn Road, Malberry, Florida. >> And uh you weren't here when we swore in the witnesses previously, right? >> I was here. >> Oh, you were? Okay. All right. Great.
All right. Go ahead. Um, so I purchased the property to go ahead and try to develop it to put, you know, a house on there for my family. Didn't realize I had to get a permit. So, you know, apologies for that part. But part of uh the reason I'm getting the trees down
was because I was starting to run in with a lot of people hiding behind the trees in that area and like there was, you know, a lot of beer cans, there was needles, there was all kinds of stuff back there. And with that, I also had my neighbors were telling me that branches were starting to fall on the back side of their property and, you know, bust up
their fences and stuff. So, I'm like, "Okay, well, perfect." You know, I'll just go ahead and plan on developing this area anyway. So, I'll go ahead and take the trees down. You know, with that, I didn't realize I needed a permit. And that's pretty much where I'm at now. >> What's the issue with the uh the
arborist report that you that officer Jim was explaining? Uh, so I got with the arborist to see if I could uh possibly get a retroactive uh permit to be able to cut the trees down. So I had them come out and do an inspection on the roots. It was like a root scan to
see if the trees were starting to die anyways and they were able to give me a report saying, you know, some of them were already starting to the end cycle of their life. So some of the recommendations would have been some of the trees would have been needed to be removed eventually.
>> And actually I have an email too from the neighbor behind the lot that was do you mind if I bring this up? >> Yeah. Or actually give it to officer Glenn Hill who approach. Sorry. >> Sorry. >> That was from um them saying hey those
branches that were already fallen that were damaging their property on the backside were hung over. Where are we at on the permit process now? >> Uh, right now I think I'm just waiting for the the violations to get cleared up and then I'm going to try to resubmit a lot of the plans to build.
>> What? What violations are you talking about that need to be cleared up? >> Just the tree, I believe. >> Okay. >> That is that withholding the permit right now? Yes. >> Okay. >> Yeah. They said they won't accept the trees. If he would have known about the permit and got the permit, he would
have the mitigation plans. >> Assuming sorry, assuming that the the permit is issued, I guess, retroactively allowing him to remove the tree, then the fine wouldn't be imposed.
>> He would have paid the permit fee and it would >> sounds a bit more palatable than $5,000, I guess. >> But either way, I'd have to issue an order, right? And then >> unfortunately to close the case. >> Man, I'm about to hit you with a $5,000.
Is there I mean is there anything I could possibly do to >> the ordinance sets it at 5,000 I can't really but again with the permit being issued I guess we would have how would that work logistically so we have to enter an order to allow
the permit to get issued the permit >> that's correct this case has to have some resolve and resolution before they will accept the permit to move forward >> I just don't want this gentleman to be at risk of having to pay this $5,000 is
all I'm trying to say. >> So, if we issued an order, I guess in 30 days, within 30 days, the permit is issued allowing them to have retroactively removed it, then the 5,000 would or would not be
imposed. How does that work? I'm trying to figure this out. >> I think the whatever So, we haven't run through this before. I think whatever determination you make today would not be wiped out by the issuance of >> Okay, that's kind of right. So, I think
whatever penalty or fee is assessed today would get paid regardless of the approval or not of the permit going forward. This is just holding them up from issuing that permit, but them >> approving the site plan even with the mitigation plan attached wouldn't wipe out the fees that are assigned today.
>> I see. Give me one second. Let me take a look at the ordinance language. Exactly. It's a long bear with me one second. Sorry. Sorry, my computer decided to freeze
right there. All right. Um, I mean I guess I could just word it in a way that you know the has to have compliance i.e. have a permit issued by 30 days from now otherwise a fine will be imposed right >> well the irreparable violation still
would have occurred in that instance though um I mean you have discretion to reduce reduce the fee below the 5,000 requested to any amount that you see fit. >> Yeah, I'm trying to find where the ordinance sets it, but that's a long ordinance.
Uh what is my discretion? I don't want to go above my discretion, but I do know the last time we had a few. I know the mayor uh had had the mayor walked in after we had a a couple tree removal once and didn't
particularly like how it was worded. So, um look, I'm not going to uh waste anyone's time. If someone wants to appeal it later, they can. I'm going to I'm going to because there is obviously an interest in making sure that people
don't remove trees, right? Do you have it up? Can Can you give it? Sorry. >> If it helps at all. I've already planted one tree. So, okay. Thank you. Oh, okay. Gotcha. Gotcha. Okay. I got
it. All right. I read it better now. So it says for an irreparable violation, it shall be a fine not to exceed 5,000. So it's not just a flat to have to put it at 5,000. Okay. Um but again you know there's a reason the ordinance was put into place and that is because in the
interest of you know maintaining a certain uh uh uh you know wildlife habitats and vegetation in the city we don't want people to be just remove trees and ask for forgiveness later especially if it's a tree that's aged and has some special circumstance around
it. Now this one I understand for the arburous report may have been at the end of its life so you know I can obviously take that into consideration. Um, what I'm going to do is find that it is in violation. I'm going to only issue a fine of 500
um plus the uh uh uh uh city's cost and then you know obviously you'll have time to get that permit and get it all remedied and situated. Okay. So, um All right. I've accept considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that
respondent Arturo Bionz Jr. is the owner of the property of the address 19 North Park Avenue, Titusville, Florida 32796. 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 a violation of section 30-39 regarding removal of a tree without a permit uh occurred upon the property. Um, additionally, I find that the city has incurred costs in the amount of
$241.94. Such amount shall be included with this order. Uh, because the nature of the violation is such that it is an irreparable uh violation,
um, I will impose a fine of $500. Um, there's no other corrective actions other than just continue with the permanent approval. Correct. And then how long does he have to pay the fine?
30 days. Will he be receiving an invoice? How does that work? >> Once we get your your order back, then he would be sent an invoice. >> Okay. All right. So >> something I would be able to possibly take care of today or it would be >> I think we have to go through some
formalities unless >> Yeah, probably not. >> Okay. >> Yeah, >> I have to I have to get home get home draft up the orders and so there's a couple formalities we got to do, but we appreciate your you know diligence on that. Um
further and future violation of the same section shall be classified as repeat violation. A certified order may be recorded in the public records of BVAR County that is so ordered. Right. Thank you sir. >> All right. Thank you. >> Um, we do have the one
non-compliant hearing that is in compliance, but I know per officer Glenn that we have to go ahead and issue an order on that. U, do you guys want to present for 2610 or is there nothing really to to present?
So, uh, non-compliance hearing for case number 2610. A demolition permit was obtained by the owner and administrative fees were paid last week. So, he is
>> in compliance with your order. >> Okay. and we just like an order issued showing he's in compliance for both items. >> Okay. A fine based on the evidence and testimony presented that notice was properly provided to respondent and respondent did not appear. The evidence
of the property located at 4745 Apollo Road is no longer in violation and the cost of the prior order oh 20672 was already been paid. um certified copy is ordered
be recorded in the public records and uh it is so ordered. That's it for that one. All right, we only have our lean reduction hearing left. Am I correct? >> Correct. >> All right. So, our last one for the day
is for uh the property located at 508 Lucky Street. And Officer Jim, you may commence. >> Yes, sir. Actually, sorry. One more thing. Here's the uh Oh, you can I guess this is evidence for the last one. He uh
it's just an email from a neighbor regarding the condition of the trees. Thank you. >> Yep. Again, this is just a lean reduction request. Um, I have no affidavit, but I have the original original, sorry, lean reduction application along with the costs
um through to as of today. Um, and your copy of your order from last time Okay, you can go ahead. This is a year ago. I forgot about all again. The applicant was Bianca Bland. She is present today. Sorry. Um, the address in question is
508 Lucky Street. The violations were for the junk and debris in the overgrowth. This case were when the fine started on this case, it was back in August 13, 2007. The respondent and the owner at the time did not attend the meeting. The respondent was given until
September 5th to correct the violations on the property. Compliance was not achieved. $25 a day violation that commenced in 2007. Uh an administrative cost for the amount of $384.32 cents was also imposed. Um I don't know
how much of this you want me to read or is it in the order? I can read all of it if you need to. is just summarizes um the violations and how the fines came about. >> So, we had the lean reduction hearing >> last year.
>> Miss Bland was unable to appear, >> correct? >> And is now submitted a new lean reduction request? Is that where we are? Okay. >> Out of curiosity, how many of these lean reduction requests are they allowed to submit if they've been >> The code was kind of silent to it. So,
in the interest of due process, we gave another even though it's only been a year. >> Got it. >> All right. Well, I'll ask the owner to come up. Go ahead and state your name and address for the record.
>> My name is Bianca Bur. My address is 3690 Buttonwood Drive, Titusville, Florida 32. >> Can you speak into the microphone? Sorry, I can hear you. >> I'm sorry. My name is Bianca Burst. >> Burst. Not Bland. >> Yeah. Okay. I'm married. Um my husband um passed away. Um that's why we weren't
here at the last one. He was the one who actually I'm sorry. He was the one who actually was putting in a lean and was handling all the affairs with the home. So we bought it as a vacant land in 2023
and he um we rehived it and we paid the leans that were were what were we were told that were on the property and home is in compliance. We've been in compliance for years now. We have tenants. Um we do um we rent to
low-income families. We've also built around the neighborhood, but we've been in compliance ever since. And um he passed away in September. So I found out about the leans and I contacted code enforcement to try and
correct everything. I'm sorry for your loss. Um, how soon after the hearing last year in August did you come to find out about this? >> Um, I found out it about it um when he was sick and he told me he missed the he
missed the date because he had been in the hospital before that. Um, he had been sick with um heart issues for like a year. He had been hospitalized for like 6 months prior to um the reduction. So he got sick and
then he was in the hospital for 6 months. He came home for 6 months then he went back to the hospital. >> Now I don't mean to be insensitive um about this particular matter but your >> husband's name is actually not on title.
So it was just your responsibility, correct? >> Yeah. >> But he was handling a lot of the business affairs for you guys. >> Yeah. >> How much is the property worth today? >> Um it's I think and I looked at it was like 215.
I'll be honest with you, you know, in looking at the file before this, um, and I think even at the hearing at the time, had you guys shown up, I was very inclined to reduce it quite a bit. But when the applicant for a lean reduction
doesn't appear, I don't really have any arguments. I I can't make arguments on your behalf to reduce it on your behalf. >> Right. He was in the hospital, >> right? No, I I understand. I understand. I'm just explaining to you, you know, when we are looking at these lean
reduction applications, several of the factors that we look at are are things such as, you know, what is the value of the home? Um, in comparison to the fine and obviously it would feel quite unreasonable to have 150,000 or so fine
on a house only worth $200,000, right? And so had someone come and verbalize it at the time, you know, there's no questions asked. That is an easy reduction. Same thing, I guess, when you take a look at the condition of the property before versus the condition of how it is now and how you guys have
brought it into compliance. Those are all things that work in your favor as far as reducing the lean. Um, That being said, I understand for personal reasons why you weren't able to
attend and make those arguments. Um, see, did this previously after the order was entered, did it go before the city council? >> Yes, it did. >> How did the city council act at that time?
>> They accepted as written. Okay. Did you in 2023 or now do you have any relation to 1019 LLC? >> Who are they? >> Yes, that was me and my husband. >> That was who? >> My husband and I.
>> When did 1019 LLC take title to the property? >> That would have been 20. It should have been 2023. Okay. Oh, gotcha. I got you. Okay. >> It also shows how from April 18, 2023 from 1019 LLC back and forth.
>> Yeah, I'm not so much concerned about that. I'm looking more at Um, and you guys know I've done this exercise with you before. Um, I'm trying to figure out. All right. So, you purchased it or 1019 LLC purchased
it from Akil Khan in 2023 it looks like for is that 4,900? No, that was the prior deed. And the reason I bring this up is I always follow the chain of title. What I don't like, and I'm not saying that you
guys do this or or did do this back then, is there's a lot of investors that buy properties that are subject to city leans and bury their head in the sands and say, "We didn't know about it." When they could have easily found out what
was due, and then they later ask for reduction, saying, "Hey, this isn't fair. We're not the ones that incurred this. Look at all the work that we've done." >> Yeah, >> we get that a lot, right? And so when I look at the chain of title, I can see, oh, they're, you know, clearly they're
moving the property around, trying to circumvent or hide the fact that they knew about this and have ignored it all this time, >> right? No. Um, we actually had to pay a water lean that was quite expensive, too. So, >> you had to pay what? >> Oh, we had to pay a water lean that was
extensive. So, I don't think he was it was said he was sick and we were trying to figure out well first we were going to get a loan on the property and um I'm not sure what in fact happened then, but I know that's when we found out about the water lane. I found out about the water lane. the water lane I think was
like 20,000 maybe 24,000 we have to end up paying but that's when we got the certification of occupancy and we started to build and things but in order for us to do owner builder our names have to be on the actual um title we have to be the owners there
to build so that's why I know why he was changing I guess changed it and then when he got sick ended up changing it um back just totally to me so we wouldn't have to go through it or When you purchased it, it was a vacant lot. >> Yes, sir.
>> It's actually next to my great-grandmother's house. >> The city had them demoed. >> Yeah, I saw the picture. Yes. So, I mean, it looks beautiful now. >> Next to my next door to my great-grandmother's house. It was my great-grandmother's best friend. Used to live in that house.
until she passed away. >> It's a rental property, you said, right? >> Yes, sir. Okay. When was the structure that you built under the house there? When was that completed? >> Um, it's been a couple years like 2024.
>> Okay. So, you probably built it within a year or so of purchasing it at the time that you purchased it from Mr. Khan. I believe you had no knowledge of the leans on the property. >> No, sir. >> How did he market it and sell it to you? How did you guys find out about it?
>> He put it for sale sign. It was for sale by owner. That's how purchased. >> And you said it's just in the neighborhood that you had family growing up, so you saw it. Okay. >> Yes. >> Okay. So, you're not like this super savvy investor that's
>> No. >> checking out all these listings and trying to find ways that >> No. >> Okay. I'm just trying I'm trying I'm going down the factors and and and making the argument in my head uh for you. Um do you have any financial hardship that
would preclude you from paying $154,000 right now? >> Yes, I have five kids that we have to take care of and going through it with our house now. So, >> all right. >> I am inclined to reduce it considerably.
I don't I don't know what that dollar amount should be. Let me bring it up right now. See how the current lean breaks down. Right now, you're talking about a lean of $159,228.96. you're talking about a appraised value
with the county of $21,000710. So you're talking about over 75% of the property value is the fine makes up 75% of the property value. Um there are
considerable much of the amount is made up of the daily fines that started acrewing back in 2007. Okay. Uh but that's not all of the fines. There's also a lot of dollar amounts in here that are administrative costs that
the city had to incur. uh cleanup fees that the city had to incur, recording fees and stuff like that. I'm not so much inclined to reduce any of those just because the city did incur the hard cost of cleaning up and uh demoing the property. Um
Tasha, are you able to go through the total of the fine real quick and itemize and add up those? Do you have that table that's on the agenda packet? Are you able to total up everything that is not the fines? I see three daily
fines that are 36,000 each and another that's 20 two more that are 23,250. I want to focus on the admin costs and all the you know the other hard costs that the city incurred. Can you let me know what that total is? So I want to I'm not going to remove
those. It's the daily fines I'm looking at uh removing. >> 4,65101 >> that's on there already. Okay. Okay. I see. All right. Does the city have any recommendation or
anything like that other than keeping as is? If not, I'm inclined to make a ruling that will considerably reduce the daily fines uh but keep the entirety of the costs that are incurred. >> Um no number on our side go defer to you.
>> Okay. All right, before I read all the BS that I have to read, I'm going to reduce all the daily fines to a th00and. Um, so that's going to be reduction from 154,000 to 1,000, but on top of that, you'll have the city's cost of 4,651.
Okay? And that is in recognition of all the factors I'm going to say. So, um, you know, recognizing obviously, you know, you you missed the hearing a year ago, um, and understanding the hardships that you guys are experiencing, I think
it's fair. Um, so, uh, I hope that's that works for you guys. Um, I'm still, you know, a good amount of money that the city has been out for quite some time. So, um, I've reviewed the lean reduction application in the city code provision that is applicable and have
considered documentary evidence including photos and sworn testimony relating to this matter from city staff and respondents. Uh, I will recommend that city council reduce this lean to $5,651 based upon several factors as provided
in the city code including uh, let me see the gravity of the violation. The violations were a nuisance but didn't present immediate serious threat to the property owner or the public. The actions taken by applicant to correct
the violations. um the time it took to bring into compliance and whether there are any scheduled maintenance plans to avoid future violations. Uh but the record shows that the applicant took possession on or about September 22nd and brought it into compliance
um in 2025 I think it was. Uh the acred amount of the code enforcement fine is almost or more than 75% of the current market value of the property. Um I have to take into account that there
are no uh subsequent code violations by the applicant. Correct. There's none existing at this time. All right. Um applicant's prior knowledge of the lean. Um, I am persuaded that
Miss Bland and her husband purchased the property as uh they they found the property as uh regular residents or visitors of the property were familiar with the neighborhood. um they had they saw the
opportunity to purchase a house that was close to a relatives or a lot that was nearby a relatives and jumped on that opportunity as opposed to you know like I said sort of like hiding or or or or purposefully ignoring a lean. Um I'll
also find that the respondent uh testified as to financial hardship. Um it is not respondent's homestead but other mitigating circumstances include that uh the recent passing of her husband and business partner. Um and I
did take that in consideration as far as the reduction uh as I stated the lean will incur would include all the costs incurred by the city which was again the $4,651. It is so ordered. You will receive a written order from today's hearing,
which again will just be a recommendation to city council. You'll have a notice and opportunity to attend the city council meeting where the recommendation will be considered. >> Thank you. You're welcome. >> All right. Is that the end of our agenda for today?
I think it is. Right. >> Yes, sir. We don't have a code enforcement manager report. I just want to hear about your health. >> Doing well. >> You don't want to put that. Okay. >> All right. Thank you guys. I will go ahead and adjourn it today at 2:39.