Magistrate gives owner until Oct. 10 to remove or obtain permit for shipping container at Alleybird Drive

Magistrate Don Wynn found that a 52-foot shipping container placed behind 2655 Alleybird Drive and later moved into the property’s backyard violated Titusville code sections that prohibit placement of shipping containers on residentially zoned land without a permit. The magistrate set a compliance date of Oct. 10, 2025, and warned of fines if the container remains.

City staff said multiple complaints led to an inspection on June 9, 2025; staff reported the container was initially placed on HOA common-track property without board approval and later moved into the owner’s backyard without any temporary-storage permit. Staff referenced planning and building staff responses that no administrative exemption or variance for the use was available under the code. The city requested corrective action by Sept. 5 and sought a daily fine, administrative costs of $146.14, and confirmation of permit status.

Owner Richard Manzo argued the unit functions as a storage unit or shed and cited state building-code and case-law arguments that classification should be based on use rather than material. He asked for permitting options and additional time to pursue a variance or building-department determination. The magistrate noted the broader legal questions and said he could not resolve state-code preemption on the spot. He continued the compliance date to Oct. 10, 2025, and set the post-deadline fine at $50 per day per violation (two violations would equal $100 per day) until compliance. The magistrate also ordered the administrative cost of $146.14 included in any order and said the matter will return at the October hearing for further review.

The magistrate instructed the owner to pursue discussions with the building official about permits and to notify code enforcement upon correction or permit issuance; if the violation is not corrected by Oct. 10, the fines will begin as stated.