Titusville magistrate recommends $9,000 lien reduction; several owners ordered to fix code violations or face daily fines

Don Wynn, the magistrate specially appointed by the City of Titusville, recommended that the Titusville City Council reduce a code-enforcement lien on a Cleveland Street property by $9,000 and heard a docket of Massey and initial hearings that produced a mix of immediate orders, fines pending noncompliance and one 30-day continuance.

The recommendation affects property at 925 Cleveland Street, listed in city records under Robert C. Kirk and Crystal Kirk Cook. City staff told the magistrate that daily fines and other charges had accrued to a total they recorded as $10,236.08 and that the applicant asked for a $9,400 reduction. After considering testimony and documentary evidence, Don Wynn said he was “inclined to reduce the lien, particularly because it is in so much better condition than it was when we first met,” and he said, “I will recommend that the city council reduce this lien” by $9,000; hard costs assessed by the city would remain. The magistrate’s recommendation will be forwarded to the City Council for final action.

The docket also produced these outcomes and orders: the Stinson property at 2755 Tomoka Avenue was found in compliance and no fines or administrative costs were assessed; the Manzo shipping-container case (2655 Alleybird Drive) was continued 30 days to allow submittal of engineered plans and to give the owner an opportunity to complete the city’s review process; the George Raymond Donnell Sr. Trust property at 8251 Windover Way was found in compliance but remains liable for outstanding cost recovery of $128.53; an owner was ordered to reestablish water service by Nov. 7 at 1635 Bahamas Street or face daily fines beginning Nov. 8; an owner at 302 Willow Street was ordered to remove refrigerators and other appliances by Nov. 7 or face fines starting Nov. 8; and the property at 412 Mendel Lane was ordered to clear junk and debris and either remove or register an inoperative vehicle by Nov. 7 or face daily fines beginning Nov. 8.

City staff presented documentary evidence in each matter, including inspection photos, mailed notices and invoices. In the Cleveland Street lien-reduction matter, Officer May told the magistrate she “went by it this morning” and reported that trash and debris had been picked up and had not returned; the magistrate cited health issues and financial hardship among the mitigating circumstances he weighed in recommending the reduction. In the Manzo shipping-container matter, owner Richard Manzo asked for more time to provide engineered plans and building drawings that the building and planning departments had requested; Manzo said his contractor’s earlier submissions lacked the level of engineering detail the city now requires and asked for additional time to hire an engineer and finalize drawings.

Where the magistrate found compliance during the hearing he entered orders closing the cases. Where violations remain the magistrate set specific corrective actions and deadlines, and in several cases ordered that a certified copy of the magistrate’s order may be recorded in the public records of Brevard County if the owner fails to comply. The magistrate also announced that the next code-enforcement hearing will be held Nov. 10, starting at 1 p.m.

Votes at a glance

- 925 Cleveland Street (Robert C. Kirk / Crystal Kirk Cook): Magistrate recommended reducing lien principal by $9,000; hard costs to remain. Recommendation to be forwarded to City Council for final action. (Transcript: recommendation issued by Don Wynn.) - 2755 Tomoka Avenue (Michael Ray Stinson / Holly Stinson): Found in compliance; no fines or administrative costs assessed. - 2655 Alleybird Drive (Richard Manzo): Continued 30 days (next Massey hearing) to allow owner to submit engineered plans and complete city review; magistrate warned fines will be imposed if documentation is not submitted. - 8251 Windover Way (George Raymond Donnell Sr. Trust): Property found in compliance; cost recovery of $128.53 remains due. - 1635 Bahamas Street (Uve/Shorazynski Trust): Ordered to reestablish water service by Nov. 7, 2025; if not corrected, $50 per day per violation will commence Nov. 8, 2025; administrative costs $312.38 assessed. - 302 Willow Street (Brian Kenneth Davis): Ordered to remove refrigerators and other appliances by Nov. 7, 2025; if not corrected, $250 per day commencing Nov. 8, 2025; administrative costs $241.94 assessed. - 412 Mendel Lane (Natividad Gonzales / Russen Santiago): Ordered to remove junk and debris and remove or register inoperative vehicles by Nov. 7, 2025; if not corrected, $100 per day per violation starting Nov. 8, 2025; administrative costs $136.28 assessed.

The magistrate distinguished between discussion, directions to provide information, and formal rulings. For example, the Manzo case was not decided on the merits at the hearing; the magistrate explicitly continued the matter to give the owner time to provide engineered plans and to give the city a chance to complete its review. For cases where infractions were found to persist the magistrate entered orders that set specific compliance tasks, deadlines and daily fine amounts that will be enforced if owners fail to act.

Magistrate orders, compliance dates and assessed administrative costs depend on later ministerial steps in several cases (for example, the Kirk lien reduction is a recommendation that must be accepted by City Council). The magistrate’s written orders will be mailed to parties and, where specified, may be recorded in the public records of Brevard County.