Magistrate fines two Titusville property owners for unauthorized tree removal; church payment reduced after arborist report

A Titusville special magistrate on May 10, 2026, found irreversible tree removal without permits at two separate properties and ordered payments and administrative costs.

In case 26-107 (vacant lot in Sun Valley; tax ID 2215036), the magistrate heard staff testimony that trees were cut without a required tree-removal permit (city code section 30-39) and that photographs and site visits showed active removal in March. Respondent Rodel/Rond Del Ray told the magistrate he had people cutting trees while preparing to deed the lot; he said some trees were cut and that he had planted trees afterward. "We had no intention of breaking the law," Rodel Ray said during his testimony.

Wyn found the violation irreversible and imposed administrative costs of $136.28 and a $5,000 payment (characterized as a fine for the irreparable removal), giving the respondent 30 days to pay; further fines and recording of a certified order were possible if unpaid.

In case 26-108 (Hope Community Fellowship, 2929 Cheney Highway), staff described multiple trees removed from the church parking lot and submitted an arborist report submitted after removal. Church leaders, including senior pastor Roger Hackenberg and an assistant leader, told the magistrate the trees posed safety hazards (including lightning damage and pine-beetle infestation) and that they had arranged an arborist inspection. The church provided the arborist report and said the removals were motivated by safety concerns for congregants and vehicles.

The magistrate compared the church's circumstances with the prior vacant-lot case and determined the safety rationale and arborist documentation justified a reduced payment. He imposed administrative costs of $136.28 and required a reduced payment of $2,500, with 30 days to pay; the order allows additional fines or recording if the payment is not made.

For both cases the magistrate emphasized that the preferred approach is to secure required permits before removing trees, and he noted that future tree removals should be addressed in site development or parking-lot alteration plans so mitigation plantings can be required by the city.