Magistrate finds Titusville property in compliance, waives $181.36 fee

A magistrate for the City of Titusville ruled Monday that property at 2641 Driftwood Drive has been brought into compliance and approved waiving administrative costs after required tree work was completed.

The ruling matters because the city had assessed $50 per day in fines beginning March 8, 2025, plus administrative costs, for a violation of city code section 13-26 concerning overgrowth and dead trees; the magistrate found the tree hazard reduced and the property maintained as of Feb. 25, 2025.

Ryan Fong, the city-appointed magistrate, called case number 25-02 and summarized the prior order that required removal of a dead or diseased tree or a licensed arborist’s report by noon on March 7, 2025. City staff reported that Stratford Tree Service performed a reduction of the maple’s upper structure and that the respondent had trimmed along the sidewalk and side yard.

The city’s record shows administrative costs of $181.36 had been assessed and a daily civil penalty of $50 was set to commence March 8 if the violation persisted. The respondent, Devin Thomas, requested the administrative costs be waived because the property was brought into compliance before the compliance deadline.

City staff told the magistrate that, "Due to the compliance being achieved prior to the expiration of the order, I would concur," and the magistrate granted the request. Fong said he would "enter an order finding compliance and waiving costs as requested" and that a certified copy of the order would be recorded in the public records.

The order directs the city to mail a written copy to the respondent and closes the case as cured. The file shows the tree company left limbs with active bird nests in place while removing dead wood.