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Magistrate denies lien-reduction request for Trinidad Avenue property; recommends denial to City Council

2111827 · January 14, 2025
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Summary

Special Magistrate Don Winn denied a lien-reduction application for 41100 Trinidad Avenue (case 23-59) after finding the current owner took title with prior knowledge of ongoing fines and the applicant did not appear at the hearing.

Special Magistrate Don Winn on Jan. 13, 2025 denied a lien-reduction application for the property identified in the record as 41100 Trinidad Avenue and ordered that his recommendation of denial be forwarded to the Titusville City Council for final action.

The magistrate reviewed city exhibits and testimony from code enforcement (Officer May Wright) and noted that fines totaling $11,325 had accrued on case 23-59 for multiple violations (overgrowth; junk and debris; inoperable vehicle; windows/doors; and roofs). The case file shows the original hearings began in November 2023 and that the property changed hands during the enforcement period; the current owner is listed as 41100 Trinidad Trust (trustee Rockstar Investments, LLC). The magistrate said the deed was recorded March 22, 2024.

Winn cited the owner's prior knowledge of existing enforcement action and the time required to bring the property into compliance as reasons influencing his decision. "I will be denying this application to reduce the lien based upon several factors as provided by the city code," he said, noting the applicant did not attend the hearing. The magistrate directed that a written order recommending denial be prepared and presented to City Council.

Officer Wright told the magistrate that some violations were later corrected (overgrowth and junk/debris and the inoperable vehicle were shown corrected in late February and March 2024), that a residential roof permit had been issued and finaled in April/August 2024 and that the windows/doors violation passed final inspection on Aug. 12, 2024. Code enforcement's record shows a payoff request to the title company in March 2024 and an application for lien reduction received Sept. 3, 2024.

The magistrate's denial is a recommendation to City Council; any final change to the recorded lien remains subject to council action and, if the council upholds the denial, the outstanding enforcement amount remains due to the city.