04-13-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, April 13, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams and Jennifer Reynolds
Present 7 -
Jeff Lariscy, Kevin Pogany, Shontella Jackson and Robert HazelwoodAlso Present 4 -
3. APPROVAL OF MINUTES
A motion was made by Sherry Lester, second by Alice Haldeman, to approved the
minutes of the March 9, 2017 meeting. The MOTION was APPROVED by the following
vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Abstain:Glenn Barnhill1 -
4. SWEARING IN OF WITNESSES
Sworn in were Gail Rigdon of 26 Blue Heron Lane; Edgewater, FL; Tom Ryan of 609 S. Ridgewood
Ave., Daytona Beach, FL; John Ingles of 158 Azalea Rd., Edgewater, FL; Robert Brill of 3123
Umbrella Tree Dr., Edgewater, FL; Jeff Alexander of 1001 S. Ridgewood Ave., Edgewater, FL; Code
Supervisor Division Chief Jeff Lariscy, Code Officer Robert Hazelwood and Code Officer Kevin
Pogany.
5. PAID CITATION(S)
a.Case # 17-112164
Citation # 5616 (Pogany)
Right to Bear Arms Supply LLC - 116 N. Old County Rd.
Sec. 7-1 Incorporation of Florida Building Code
Chairman Ben Wagner read the case of paid citations and concluded with it appears after reviewing
these cases that no one was present for any of the cases just read. Pursuant to Section 10-348 and
10-345 subparagraph C 11 of the Code of Ordinances and the statement that appears on the
respective citation issued that failure to appear at the hearing means the alleged violator has waived
any right to contest the violation and that an order can be made for the maximum applicable
penalties that include but are not limited to administrative costs, fines, daily fines and liens. Since
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April 13, 2017Code Enforcement Board Meeting Minutes
however we have the benefit of the staff recommendations, the Board shall entertain motions and take
whatever actions are deemed appropriate.
A motion was made by Alice Haldeman, second by Nikki Hughart, to find in violation and
follow staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
6. OLD BUSINESS-PUBLIC HEARING
a.Case #16-111867 B
Citation #5998 (Pogany)
Across the Pond Developments - 2311 S. Ridgewood Ave.
Sec. 10-309 General drainage
The case was presented by Code Officer Kevin Pogany to the Board. Gail Rigdon of 26 Blue Heron
stated that this is the third meeting and she is looking for results. The public hearing was closed by
Chairman Wagner.
A motion was made by Nikki Hughart, second by Jennifer Reynolds, to find in violation
and follow staff recommendation to suspend daily fines until May 12, 2017 if the violation
has not been completed. The daily fines would start accruing retroactive back to January
13, 2017. The MOTION was APPROVED by the following vote:
Yes:Alice Haldeman, Glenn Barnhill, Nikki Hughart, Ann Williams, and Jennifer Reynolds5 -
No:Ben Wagner, and Sherry Lester2 -
7. NEW BUSINESS - PUBLIC HEARING
e.Case #17-112241
Citation #5631 (Pogany)
John A. Ingles - 158 Azalea Rd.
Sec. 21-36.02 General regulations
Code Supervisor Division Chief Jeff Lariscy asked the Board to pull agenda item (e) Case
#17-112241 to be postponed until next month meeting. The Board agreed and this case was not
heard.
v.Case #17-112314 A
Citation #6053 (Hazelwood)
Robert J. & Cathy Jennifer Brill - 3123 Umbrella Tree Dr.
Sec. 11-2 Business tax receipt required
w.Case #17-112314 B
Citation #6053 (Hazelwood)
Robert J. & Cathy Jennifer Brill - 3123 Umbrella Tree Dr.
Sec. 11-9 Certificate of use required
Code Officer Robert Hazelwood presented the case to the Board. Robert Brill was present and stated
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April 13, 2017Code Enforcement Board Meeting Minutes
that he renewed the county and city business tax receipt today. Closed the public hearing.
A motion was made by Jennifer Reynolds, second by Nikki Hughart, to find in violation
and follow staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
t.Case #17-112284 A
Citation #6052 (Hazelwood)
Jeffrey S. Alexander - 1001 S. Ridgewood Ave.
Sec. 11-2 Business tax receipt required
u.Case #17-112284 B
Citation #6052 (Hazelwood)
Jeffrey S. Alexander - 1001 S. Ridgewood Ave.
Sec. 11-9 Certificate of use required
Code Officer Robert Hazelwood presented the case to the Board. Jeff Alexander of Alexander Realty
was presented and stated he has been in business for 16 years. Public hearing is closed.
A motion was made by Alice Haldeman, second by Jennifer Reynolds, to find in violation
and follow the staff recommendation. The MOTION was APPROVED by the following
vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Jennifer Reynolds5 -
No:Sherry Lester, and Ann Williams2 -
l.Case #17-112302
Citation #6045 (Hazelwood)
Barbara J. Cable - 2604 Vista Palm Dr.
Sec. 10-107 Disposal rubbish & trash
Code Officer Robert Hazelwood presented the case to the Board. No one was present for this case.
A motion was made by Nikki Hughart, second by Ann Williams, to find in violation and
follow the staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
o.Case #17-112301 A
Citation #6048 (Hazelwood)
Barbara J Cable - 2604 Vista Palm Dr.
Sec. 10-83 Accessory structures
p.Case #17-112301 B
Citation #6048 (Hazelwood)
Barbara J. Cable - 2604 Vista Palm Dr.
Sec. 10-83 Neglected premises
Code Officer Robert Hazelwood presented the case to the Board. No one was present for the case.
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April 13, 2017Code Enforcement Board Meeting Minutes
The Board agreed to increase the daily fines to $100.00 per day for each day the violation exist and
follow the staff recommendation.
A motion was made by Nikki Hughart, second by Ann Williams, to find in violation and
follow the staff recommendation with the daily fines access at $100.00 per day for each
day the violations exist past April 13, 2017. Also for a lien to be placed on the property if
not satisfied by April 19, 2017. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Sherry Lester, and Jennifer Reynolds2 -
z.Case #17-112327
Citation #6056 (Hazelwood)
Thomas L & Carol L. Klamo - 2012 Guava Dr.
Sec. 21-36.03 Outdoor storage commercial
Code Officer Robert Hazelwood presented the case to the Board. No one was present for this case.
A motion was made by Nikki Hughart, second by Sherry Lester, to find in violation and
follow the staff recommendations. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
a.Case #17-112273 (Repeat)
Citation #5614 (Pogany)
Jo E. Barnes - 110 E. Turgot Ave.
Sec. 10-80 Outdoor storage
b.Case #17-112299 A
Citation #5615 (Pogany)
Remy A. & George Jammal Etals. - 2923 Unity Tree Dr.
Sec. 10-80 Outdoor storage
c.Case #17-112299 B
Citation #5615 (Pogany)
Remy A. & George Jammal Etals - 2923 Unity Tree Dr.
Sec. 10-106 Accumulation of rubbish
d.Case #17-112320 (Repeat)
Citation #5627 (Pogany)
Angela Iacobucci - 219 S. Flagler Ave.
Sec. 10-80 Outdor storage
f.Case #17-112253
Citation #6042 (Hazelwood)
Evelyn M. Southard - 1027 Flagler Ave.
Sec. 10-98 Property maintenance
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April 13, 2017Code Enforcement Board Meeting Minutes
g.Case #17-112180
Citation #6043 (Hazelwood)
Grace Scott Properties LLC - W. Park Ave.
Sec. 10-98 Property maintenance
h.Case #17-112268 A
Citation #6044 (Hazelwood)
Ocwen Loan Servicing LLC - 1722 Pine Tree Dr.
Sec. 10-207 Accessory structures
i.Case #17-112268 B
Citation #6044 (Hazelwood)
Ocwen Loan Servicing LLC - 1722 Pine Tree Dr.
Sec. 21-36.10 Swimming pool
j.Case #17-112268 C
Citation #6044 (Hazelwood)
Ocwen Loan Servicing LLC - 1722 Pine Tree Dr.
Sec. 10-5 Nuisance generally
k.Case #17-112268 D
Citation #6044 (Hazelwood)
Ocwen Loan Servicing LLC - 1720 Pine Tree Dr.
Sec. 21-36.02 General requirements/fence
m.Case #17-112228
Citation #6046 (Hazelwood)
Brenda P. Lacy - 2504 Willow Oak Dr.
Sec. 10-98 Property maintenance
n.Case # 17-112114
Citation #6047 (Hazelwood)
New D&D Realty LLC - 1806 S. Ridgewood Ave.
Sec. 10-500 Minimum standards
q.Case #17-112179
Citation #6049 (Hazelwood)
Federal Natl Mortgage Assoc % Seterus Inc - 1815 Travelers Palm Dr.
Sec. 10-207 Accessory structures
r.Case #17-112400
Citation #6050 (Hazelwood)
Patricia A. Gerson - 3432 Woodland Dr.
Sec. 10-83 Neglected premises
s.Case #17-112138
Citation #6051 (Hazelwood)
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April 13, 2017Code Enforcement Board Meeting Minutes
Jennifer S. Cooper - 140 Wildwood Ave.
Sec. 10-113 Inoperable/wrecked vehicle
x.Case #17-112305
Citation #6054 (Hazelwood)
Gerald Carr & Mary Ann Grooms - 111 Wolfs Driftwood Cir.
Sec. 10-80 Outdoor storage/residential
y.Case #17-112304
Citation #6055 (Hazelwood)
Gerald Carr & Mary Ann Grooms - 107 Wolfs Driftwood Cir.
Sec. 10-80 Outdoor storage residential
Chairman Ben Wagner read the above listed cases and concluded with it appears after reviewing
these cases that no one was present for any of the cases just read. Pursuant to Section 10-348 and
10-345 subparagraph C 11 of the Code of Ordinances and the statement that appears on the
respective citation issued that failure to appear at the hearing means the alleged violator has waived
any right to contest the violation and that an order can be made for the maximum applicable
penalties that include but are not limited to administrative costs, fines, daily fines and liens. Since
however we have the benefit of the staff recommendations, the Board shall entertain motions and take
whatever actions are deemed appropriate.
A motion was made by Sherry Lester, second by Glenn Barnhill to find in violation and
follow the staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
8. CODE ENFORCEMENT REPORT
Ann Williams left the meeting at 3:23 pm. Code Supervisor Division Chief Jeff Lariscy stated that for
the month of March there were 190 new cases, 256 working cases and 9 citations issued. He also
stated that there would be a Special Magistrate/Code Board Attorney meeting tomorrow.
9. BOARD DISCUSSION
The Board reviewed the bylaw and had one minor correction.
Gayle Virgin of 1905 Lime Tree Dr., Edgewater, FL commented on assisting the citizens of
Edgewater with property issues.
10. PUBLIC COMMENTS
John Ingles of 158 Azalea Dr., Edgewater, Fl read some case law to the Board regarding inspection
warrant.
11. ADJOURN
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April 13, 2017Code Enforcement Board Meeting Minutes
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside
Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If
you are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
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