Magistrate recommends council deny lien-reduction request for 195 Roosevelt Avenue

Special Magistrate Don Win recommended that the Titusville City Council reject a lien-reduction application for 195 Roosevelt Avenue, leaving a code enforcement lien in the amount assessed by the city.

The finding follows presentation of the history of the case, in which the property was cited for dead trees, fines of $100 per day were imposed beginning July 5, and the property was placed into compliance on Nov. 14, 2024. City staff told the magistrate that the outstanding daily fines had been calculated at $13,100; staff entered photos and other documentary evidence into the record.

City staff said the current owner, identified in the file as Matthew Myers, purchased the lot by quitclaim deed on June 7, 2024, and that the department received a lien-reduction application from him on Nov. 26, 2024. Staff told the magistrate the owner said he had not been notified of the earlier enforcement actions when he purchased the property.

The magistrate said he considered the application and photographic evidence and noted the short explanation provided by the applicant. He recommended denial on the grounds that the purchase by quitclaim deed placed the risk of prior conditions on the buyer and that no additional mitigating circumstances (such as financial hardship) were presented. The magistrate said he would recommend the council deny the reduction and allow the lien to stand at the assessed amount plus costs.

The magistrate’s recommendation will go to the City Council for final action. The hearing record shows the city’s presentation, the purchase date, and the date the property was placed into compliance; the applicant did not appear to present oral testimony at the special magistrate hearing.