Magistrate orders compliance deadlines for two Titusville properties; tree and permit issues set for follow-up

At the Jan. 13, 2025 Titusville Special Magistrate hearing, Don Winn entered orders setting deadlines for two initial code-enforcement matters: a residential overgrowth/tree case (case 25-02) and a cleared-lot/site-permit matter for Explorer and Discovery, Inc. (case 25-04).

In case 25-02 (2641 Driftwood Drive), code enforcement officer May Wright presented photographs and inspection notes documenting overgrown grass, vines and a damaged or diseased tree. Respondent Devin Thomas testified and said he had been caring for an ill family member, had been in frequent contact with code enforcement and was seeking an arborist report or pruning that would preserve nesting habitat where possible. The magistrate found the required notices had been provided and ordered Thomas to correct the violation by March 7, 2025, either by removing the dead/diseased tree or by providing a licensed-arborist report certifying the tree's health and that it is not hazardous. Administrative costs of $181.36 were assessed, and the magistrate warned that failure to comply by March 7 would trigger a daily fine of $50 until the violation is cured.

Winn summarized the order: "Respondent shall be given until March 7, 2025 to correct this violation. Respondents shall be responsible for notifying the code enforcement officer of completion of such corrections. If respondent fails to correct the violation by March 7th, a fine will be entered in the amount of $50 per day until the violation comes into compliance." The respondent told the magistrate he expected to have an arborist report within four to six weeks and agreed March 7 would be achievable.

In case 25-04 (1700 Knox McRae Drive), Officer Flanagan reported that a vacant lot owned by Explorer and Discovery had been cleared of trees and vegetation and that no site-development or tree-removal permits were on file. Owner Deborah Fraser and project manager Judith Burn told the magistrate they had met with city staff in September and submitted a mitigation/site plan in October and had been seeking city approval; they said the clearing was intended to create a fenced play area adjacent to an existing preschool.

City staff (Officer Glenn Tolleson and others) confirmed there was no issued permit for the clearing as of the hearing and told the magistrate that, because of the code-enforcement action, the site plan approval and permit issuance remained pending. The magistrate found violations for tree removal without permit and lot excavation without a permit, assessed administrative costs of $163.75 and ordered Explorer and Discovery to obtain the necessary mitigation/restoration and site-development permits within 90 days (to April 11, 2025). Winn said that if the permits and mitigation plan were not obtained by that date the city would seek a $5,000 fine; the magistrate explained that the 90-day period is intended to give the owner time to complete necessary approvals and that the city would re-inspect and set further proceedings if compliance was not achieved.

Both orders were recorded in the magistrate's written findings and the city will monitor compliance and schedule follow-up hearings if required.