Let me turn this on. All right. Good afternoon. My name is Don W. I'm a uh 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. When you are sworn in, please state your name and provide your current mailing address so we can have an updated record for sending any orders. The city will present its case
first. Information may be displayed on the screens and documents may be provided by the city as evidence. The city's PowerPoint presentation will be 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. Oh, there a lot of people. Okay. 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. All right. I will go ahead and move to approve the minutes as prepared and we'll move on to the hearings and the Oops, I'm looking at the wrong one. Sorry.
Move on to the first hearing which is a Massie hearing uh 25-74. Shirley Bthoon and Jacques Adden at 218 Ojiway Avenue. >> Uh good afternoon sir. Uh we would like to have that continued till 112 of 26. U
we were uh do not have proper service for today's hearing. >> All right, that is fine. All right. So there are no other Massie hearings. There's no continued hearings. And so we're only at E for the initial hearing on 25-89 for 5155 South
Washington Avenue. All right, I have four items to submit. The first one is the affidavit for the notice of violation. [snorts] Second is the affidavit and notice of today's hearing. The third is the cost recovery
statement in the amount of $136.28. And the fourth is a copy of a previous adjudicated case number 2129. >> Thank you. So this is the initial hearing for case number 25-89. Our respondents is
CCubstrip LLC. Tuan Lee is our registered agent. The violation address is 5155 South Washington Avenue here in Titusville. We have two mailing addresses. First 3306 South Hopkins Avenue here in Titusville. and that is
for the LLC. And then 5175 South Washington Avenue here in Titusville for the registered agent. This is a repeat violation of Titusville Code section 6-56 for construction permits required.
So the initial inspection was completed November 4th, 2025. I posted a copy of the notice of repeat violation letter on site on November 5th, 2025. They were given till November 24th, 2025
to comply. Uh the notice of repeat violation and the notice of hearing were mailed together. Certified mail was sent on November 5th, 2025. The registered agent signed for their copy on November 8th,
2025. and the mail sent to the LLC was returned as vacant. So, while driving in the area, I observed now open signs posted along South Washington Avenue. I stopped into the open business and spoke with staff
about sign placement along South Washington. I observed an opening cut into the firewall, connect uh creating a connection between units 108 and 109. Workstations for nail technicians were installed in unit 109 with pedicure
chairs installed in unit 108. New wall signage was installed above unit 109 as well as the old pylon pylon sign on the southern entrance to the parking lot. Review of building department records found no alteration permit had been
obtained for the work done in units 108 and 109. Photos were taken for the file. I reviewed adjudicated case 21-29 confirming that this property was a repeat violation of code section 6-56
and a copy of the repeat violation letter was posted on site November 5th. I've had no contact with the registered agent Lee um nor have any permits been applied for. So, this is uh 5155 South Washington.
The new sign is the pink sign up. Uh this is a photo of units 108 and 109 where the nail salon is located in. So, this is an interior shot from unit 109 looking into 108. And that's the new
connection created between the units. Again, this is from unit 108 looking back at 109. And these are the water and sanitary connections for the pedic um pedicure
chairs set up in unit 108. And this is just a copy of the notice of repeat violation posted at the um registered agents um office on site.
So, our conclusions of fact in this case for 6-56, construction work done in units 108 and 109 um and including the installation of signs were all done without required permits. At this time, no permits have
been applied for. So, we're requesting that uh the respondent be ordered to correct the violation on or before January 9th, 2026 um by obtaining required building permits for the work and the signs. The
respondent does not comply, we're asking for a fine in the amount of $500 per day as a repeat of violator um commencing on January 10th and continuing until the violation is corrected. And we're asking for administrative
costs in the amount of $136.28 be imposed and they must call me to set up a reinspection >> with that prior uh 2021 order. Did they bring that into compliance or were they ultimately fined on that one? >> They were ultimately fined and then did
remediation work to stop the fines. >> But that those were that that was different work, right? That wasn't the same like >> correct. That's That's other work. >> All right. And no contact with Mr. Lee since No, sir. >> Okay. >> All right. Not much else to say. I've
accepted and considered documentary evidence including photos and sworn testimony relating to this matter from city staff. I find that respondent CQ Strip LLC is the owner with uh the property with the address of Hold on,
let me make sure I have it. 5155 South Washington Avenue. I found that all required notices were provided in accordance with chapter 163 Florida statute in the city code and notices met for this hearing. Uh based on the evidence presented, I find that there
are repeat violations of sections 6-56A um which is to uh uh uh well failure to obtain alteration permits for the unit the work done at units 108 and 109. Um
and responders were given a reasonable amount of time to correct the violations but have either failed or refused to do so. The corrective actions for these violations will be to again apply for such permit and get it approved. Um I find that the city has incurred costs in the amount of
$13628. Such amount shall be included in the order. Respondent shall be given until I think it was January 9th. It [snorts] was it 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 December 9th, a fine 2026, a fine will be entered in the amount of $500 per day until the violation comes into compliance. Further and future violations of the same sections again will be classified as
repeat violations. [snorts] The certified order may be recorded in the public records of Bvard County. It is so ordered. All right, man. Am I really done? Is that it? You guys really spared me? >> Yes, sir. [laughter]
I do have a report though, so >> Oh yeah, yeah, yeah, yeah, yeah. Give, please give me your report. >> Yes, sir. It's my pleasure to introduce the new assistant city attorney, Mr. David Molo. He's join us here today. U he got on short notice to be here, but
[laughter] it's an easy first hearing. >> Yeah, [snorts] good. I look forward to your critiques of my performance here today. [laughter] >> All right. Nice meeting you. >> Thank you. Nice meeting you as well. >> All right. Do we have anything else? >> No, sir.
>> All right. Well, uh, with that, uh, I will go ahead and adjourn, uh, today's hearings. And it is 112.