Titusville magistrate orders repairs, fines and fees in several property cases; Walmart given 45 days to fix pond aerator

A specially appointed Titusville magistrate on Aug. 26 ordered several property owners, including Walmart Stores East LP, to correct code violations, assessed administrative costs and set daily fines if corrections are not made.

City code enforcement staff opened Case 25‑49 against Walmart Stores East LP, registered agent CT Corporation Systems, for an alleged violation of section 30‑2.14 of the city code concerning stormwater maintenance at 3175 Cheney Highway. Staff said landscaping was completed but the pond aerator was not functioning as of the inspector’s site visit and presented photos and certified‑mail timelines. “We’re requesting that the respondent correct the violations on or before [the earlier requested deadline], obtain the required electrical permit and complete the installation of the pond aerator,” city staff said during the presentation.

Respondent counsel McGregor Love told the magistrate that the aerator work is ready to be finished but the contractor mistakenly submitted the electrical permit to the county rather than the city. “We would ask for 45 days,” McGregor Love said, to allow the permit to be refiled with the city and processed.

Magistrate Don accepted the evidence, found a violation of section 30‑2.14 and ordered Walmart to obtain the required electrical permit and make the aerator operational. He assessed administrative costs of $234.19 and set a 45‑day compliance deadline of Oct. 27, 2025; a $100‑per‑day fine will be entered if the violation is not corrected by that date.

The magistrate also heard multiple other matters on the agenda. In Case 25‑4419 (419 Wager Ave), city staff reported junk and debris, a damaged fence and ongoing roof and drainage problems; the respondent did not appear. The magistrate found a continuing violation, assessed $251.08 in administrative costs, and imposed a $100‑per‑day fine per violation commencing Sept. 6, 2025. A certified order will be recorded in the public records and may constitute a lien on the property.

In Case 25‑37 (3700 Merriam Drive) staff said four violations remained — junk and debris, overgrowth, an unsecured pool enclosure and unsafe pool conditions — with certified mail returned unclaimed and the property vacant. The magistrate found continuing violations, assessed costs of $128.53 and set fines of $150 per violation per day beginning Sept. 6, 2025; the certified order may be recorded as a lien.

Pop Florida Properties LLC (Case 25‑48, 3675 Cheney Highway) was found to have come into compliance by the required date. The magistrate ordered administrative costs of $216.58 to be paid and recorded the certified order.

In Case 25‑59, involving 2755 To Mocha Avenue, magistrate records identify the owner as the Michael and Holly Stinson Revocable Trust. Staff said roof repairs had been completed but that a fallen fence on the property remained and needed removal or repair. The respondent was present and agreed to correct the fence within 30 days; staff indicated administrative costs could be waived if the work is completed. The magistrate ordered the repair or removal to be completed by Oct. 10, 2025, assessed $181.36 in costs (to be waived if corrected before the deadline) and set a $50‑per‑day fine to begin if the property is not brought into compliance by that date.

At the end of the docket, city management announced that, effective November, code enforcement hearings will start at 1 p.m. rather than 2 p.m.; staff will update correspondence and web pages to reflect the new time. The magistrate adjourned the hearing at about 2:35 p.m.

Next steps: respondents with ordered corrective work are required to notify city code enforcement when corrections are complete so staff can verify compliance; certified orders for noncompliance may be recorded in public records and may create liens.