Magistrate recommends $9,925 lien reduction for Abbott Avenue property in Titusville

Special Magistrate Don Winn recommended on Jan. 13, 2025, that the Titusville City Council reduce a code-enforcement lien by $9,925 for a property listed in the hearing records as Abbott Avenue and owned by Fresh Balm LLC.

Winn said he reviewed city exhibits and sworn testimony, considered the time the purchaser took to bring the property into compliance and noted that a lien payoff of about $32,422.24 was received at closing. "I will recommend that the city council reduce this lien by the 9925 that you requested," Winn said during the hearing. He said he could not grant more than the amount the applicant requested on the filed application.

City code enforcement presented evidence that the original magistrate case for the property (case no. 23-60) included multiple International Property Maintenance Code (IPMC) violations (windows/doors, exterior walls, interior surfaces, accumulation of rubbish, plumbing and electrical issues). The record identifies an original hearing in November 2023, daily fines assessed beginning January 6, 2024 at $50 per day per violation for active violations, and an administrative cost recovery entry of $322.24. The city reported a recorded final judgment and a payment from a title company associated with the sale on April 18, 2024.

Officer May Wright told the magistrate that the purchaser, identified in the record as Fresh Balm LLC with registered agent Scott Akers, met with enforcement staff after closing, obtained permits starting May 30, 2024, and completed renovations that put the property into compliance on May 30. The outstanding daily fines on the date the property was placed into compliance were listed as $10,250; the lien-reduction application filed June 18, 2024 requested a $9,925 reduction under section 31-71 of the city code.

Winn said his recommendation will be forwarded to City Council for final action and that, if City Council enters the same order, the applicant would receive notice and an opportunity to pay the remaining balance; the magistrate noted City Council would set the effective timelines associated with any payment schedule. "The order will be for reduction in the amount of $9,925," Winn said, and the recommendation will be mailed to the parties.

Clarifying details recorded in the hearing show an inconsistency in the reported street number: the city presenter at one point referred to "4320 Abbott Avenue" while later documents in the magistrate record refer to "2320 Abbott Avenue." The magistrate's recommendation and the city exhibits identify the same case number (23-60) and the same parties; the record does not resolve the two street numbers in the hearing transcript.

The magistrate's recommendation is advisory; City Council must consider and enter any final order. The hearing record and exhibits will be included in the council item when the reduction is considered.