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Magistrate orders Pop Florida Properties to restore landscaping at Cheney Highway site by Sept. 5
Summary
A specially appointed magistrate found Pop Florida Properties LLC in violation of Titusville code for failing to maintain required landscaping at 3675 Cheney Highway and ordered plant replacement and irrigation repairs by noon Sept. 5, 2025; a $100-per-day fine and $216.58 administrative costs were included in the order.
Magistrate Don Wynn ordered owner Pop Florida Properties LLC to install plants required by the approved landscape plan and repair the irrigation system at 3675 Cheney Highway, Titusville, on or before noon on Sept. 5, 2025.
The magistrate found that required notices had been provided and that the property violated city code section 30-305, which requires continuing maintenance of landscaping. The city presented photos, an approved landscape plan and a cost-recovery statement of $216.58 as evidence. "Based on evidence presented, I find that violations of section 30-305 of the city code ... exist upon the property," Wynn said as he announced the order and compliance deadline.
The city’s presentation described missing vegetation along the building and parking-lot edges and reported irrigation problems tied to missing heads; photos from July 29, 2025 were entered into the record. Khadija Sullivan, an attorney representing Pop Florida Properties LLC, told the magistrate the owner had been coordinating with the tenant and contractors and had quotes and receipts to begin repairs but had not finished work by the hearing. "We are in the process of being in compliance with the violations, and we were just hoping for a 30 day extension to get everything done," Sullivan said.
Wynn included the city’s administrative cost of $216.58 in the order and said that if the respondent fails to correct the violations by noon on Sept. 5, a fine of $100 per day per violation will be entered until the property comes into compliance. The order notes that a certified copy may be recorded in the public records of Brevard County and that future violations of the same section will be treated as repeat violations.
The order directs the respondent to notify the code enforcement officer upon completion for a reinspection; staff may confirm compliance before removing any recorded lien or enforcement action.
