10-12-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, October 12, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
3. PURPOSE/PROCESS OPENING STATEMENT
Special Magistrate Spencer Hathaway read the purpose/process opening statement.
4. APPROVAL OF MINUTES
Special Magistrate Spencer Hathaway stated that the Board previously met on September 14, 2017
and agreed that the minutes are accurate.
5. SWEARING IN OF WITNESS(ES)
Sworn in were Marta Orlowski of 1857 Date Palm Dr., Edgewater, Fl; Code Officer Robert
Hazelwood and Code Officer Kevin Pogany.
6. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None.
7. COMPLIANCES
a. Cases in compliance before hearing
b Cases administratively closes
8. REQUESTS FOR TABLING/CONTINUANCE
9. NEW BUSINESS - PUBLIC HEARING
b.Case #17-113023 A
Citation #6096 (Hazelwood)
Marta R. Orlowski - 1857 Date Palm Dr.
Sec. 10-98 Property maintenance
c.Case #17-113023 B
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October 12, 2017Code Enforcement Board Meeting Minutes
Citation #6096 (Hazelwood)
Marta R. Orlowski - 1857 Date Palm Dr.
Sec. 10-106 Accumulation rubbish/garbage
Special Magistrate Spencer Hathaway stated she has been sworn and asked the respondent how she
would like to plea? Martha Orlowski stated that her property needed to be cleaned.
Code Officer Robert Hazelwood presented the case. Staff recommends the Special Magistrate find
Marta R Orlowski in violation of Section 10-106 (Accumulation-Rubbish-Garbage) and 10-98
(Property Maintenance) of the Code of Ordinances and assess the citation fine of $150.00 for the
violations and a daily fine of $100.00 per day each day the violations exists past October 12, 2017,
and for a lien to be placed on the property if not satisfied by October 18, 2017. It is also
recommended that the Special Magistrate issue a Board Order requesting the City Manager approve
the expenditures to have the debris, trash and other items removed with little to no value if the
violations are not corrected by October 12, 2017, and that a lien be placed on the property for all
costs accrued by the City.
Marta Orlowski stated she has contacted disaster relief and they have come out to help me get my
property cleaned up. Marta Orlowski stated that if the fines and daily fines are imposed this will
cause an undo burden on her financial state. Marta Orlowski stated she would rather have the
organization cleaned her property other than the City removing items.
Special Magistrate Spencer Hathaway stated he would like to follow the staff recommendation and
grant her two more Saturday's before daily fines start on October 28th. Special Magistrate Spencer
Hathaway find in fact in violation and follow staff recommendation with the exception of daily fines
starting on October 28th if the property is not in compliance.
f.Case #17-112993
Citation #6094 (Hazelwood)
Innovative Container Concepts LLC - 2504 Yule Tree Dr.
Sec. 21-53.02 Permit authority
Amendment to staff recommendation presented by Code Officer Robert Hazelwood. Staff
recommends the Special Magistrate find Innovative Container Concepts LLC in violation of Section
21-53.02 (Permit Authority) of the Code of Ordinances and assess a daily fine of $50.00 per day,
each day the violation exists past October 20, 2017 and for a lien to be placed on the property if not
satisfied by October 25, 2017. The citation was paid on September 20, 2017.
Special Magistrate Spencer Hathaway read the following 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
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October 12, 2017Code Enforcement Board Meeting Minutes
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 Special Magistrate shall entertain
motions and take whatever actions are deemed appropriate. Special Magistrate Spencer Hathaway
will adopt the staff recommendation on each item.
a.Case #17-113016
Citation #6102 (Hazelwood)
Thomas C. McGill Tr Emergo Living Trust -
2806 Victory Palm Dr.
Sec. 10-207 Accessory structures
d.Case #17-113043 Repeat
Citation #6095 (Hazelwood)
Kristi Wilson - 3307 Pine Tree Dr.
Sec. 10-80 Outdoor storage
e.Case #17-113042
Citation #6101 (Hazelwood)
James C Carder Trs Rev Living Tr - 1305 Royal Palm Dr.
Sec. 10-402 Alternate method of enforcement
g.Case #17-112590
Citation #17-112590 (Hazelwood)
Jon R. Novenski - 3103 Needle Palm Dr.
Sec. 10-175 Occupied or inhabited structure
h.Case #17-112974 A
Citation #5657 (Pogany)
Bruce M. Davis - 2617 Juniper Dr.
Sec. 10-83 Neglected premise
i.Case #17-112974 B
Citation #5657 (Pogany)
Bruce M. Davis - 2617 Juniper Dr.
Sec. 10-98 Property maintenance
j.Case #17-112962
Citation #5677 (Pogany)
3050 Holdings LLC - 2970 S. Ridgewood Ave.
Sec. 21-210.02 Fire & Life Safety standards
k.Case #17-112737
Citation #5676 (Pogany)
New D&D Realty LLC - 1806 S. Ridgewood Ave.
Sec. 10-500 Minimum standards
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October 12, 2017Code Enforcement Board Meeting Minutes
l.Case #17-113053 Repeat
Citation #5659 (Pogany)
Patricia G. Ahern - 336 Shangri La Cir.
Sec. 10-402 Alternate method of enforcement
m.Case #17-113050 Repeat
Citation #5658 (Pogany)
Nona Moore Chapman - 1821 Kumquat Dr.
Sec. 10-402 Alternate method of enforcement
10. OLD OR UNFINISHED BUSINESS
a.Case #17-112623 A
Citation #5642 (Pogany)
Melissa & Jacob Reed - 143 W. Palm Way.
Sec. 21-33.02 Permitted uses
b.Case #17-112623 B
Citation #5642 (Pogany)
Melissa & Jacob Reed - 143 W. Palm Way
Sec. 21-210.02 Fire & Life safety standards
Special Magistrate Spencer Hathaway adopted the staff recommendation and waived their right to
contest for both cases.
11. CODE ENFORCEMENT DIVISION REPORT
Code Officer Kevin Pogany stated code had 52 new cases, 84 working cases and resolved 59 cases
for the month of September.
12. PUBLIC DISCUSSION
Jennifer Reynolds was presented and suggested to watch the City Council meeting.
a. Next meeting date: November 9, 2017
13. ADJOURN
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October 12, 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.
Page 5City of Edgewater Printed on 11/7/2017