11-09-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
2:00 PM Council ChambersThursday, November 9, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. PURPOSE/PROCESS OPENING STATEMENT
Special Magistrate Spencer Hathaway read the purpose/process opening statement.
3. APPROVAL OF MINUTES
Special Magistrate Spencer Hathaway approved the minutes from the October 12, 2017 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Allen Reynolds of 606 Riverside Dr., Edgewater, FL; Code Officer Robert Hazelwood
and Lead Code Officer Kevin Pogany.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None.
6. COMPLIANCES
Item A Case #17-113069 has been paid and is in compliance. Item B Case #17-113032 is in
compliance but has not paid. Items F Case #17-113082A, Item G Case #17-113082B, Item H Case
#17-113082 C has been paid and is in compliance. Item K Case # 17-113039 is in compliance but
has not been paid.
a. Cases in compliance before hearing
a.Case #17-113069
Citation #5660 (Pogany)
Marcos A. Betancur - 402 Sea Gull Ct.
Sec. 10-402 Alternate method of enforcement
b.Case #17-113032
Citation #5661 (Pogany)
Matthew S. Spano & Stacey McNeil Jtrs. -
2919 Woodland Dr.
Sec. 10-83 Neglected premise
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f.Case #17-113082 A
Citation #5680 (Pogany)
Joyce & Peter L. Tivy - 104 E. Yelkca Ter.
Sec. 10-106 Accumulation of rubbish
g.Case #17-113082 B
Citation #5680 (Pogany)
Joyce & Peter L. Tivy - 104 E. Yelkca Ter.
Sec 10-107 Disposal of rubbish
h.Case #17-113082 C
Citation #5680 (Pogany)
Joyce & Peter L. Tivy - 104 E. Yelkca Terr.
Sec. 10-5 Nuisance generally
k.Case #17-113039
Citation #6104 (Hazelwood)
Lucille N. Hinds - 2229 Kumquat Dr.
Sec. 10-98 Property maintenance
b. Cases administratively closed
None.
7. REQUESTS FOR TABLING/CONTINUANCE
None.
8. NEW BUSINESS - PUBLIC HEARING
r.Case #17-112906
Citation #6110 (Hazelwood)
Alan Reynolds - 606 N Riverside Dr.
Sec. 21-36.09 Swimming pool (fence)
Special Magistrate Spencer Hathawasy asked the respondent how he would like to plead? Mr.
Reynolds stated he denies the violation. Mr. Reynolds stated he got a permit but while removing the
fence he discovered he needed a retaining wall. Mr. Reynolds mention his health issues. Mr.
Reynolds stated he contacted a company in Edgewater and they can delivery this coming Wednesday.
Special Magistrate Spencer Hathaway extended the time to December 4, 2017, the citation fine is due
and the daily fines of $50.00 per day will be accessed if not satisfied by December 4, 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
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Meeting Minutes
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 Special Magistrate shall entertain
motions and take whatever actions are deemed appropriate. Special Magistrate Spencer Hathaway
adopted the staff recommendation and findings in fact.
c.Case #17-113116 Repeat
Citation #5662 (Pogany)
Ethel Winifred Knighton - 2401 Queen Palm Dr.
Sec. 10-402 Alternate method of enforcement
d.Case #17-113074 Repeat
Citation #5678 (Pogany)
Viola T. Van Leuvan - 2330 Kumquat Dr.
Sec. 10-402 Alternate method of enforcement.
e.Case #17-113076 Repeat
Citation #5679 (Pogany)
Viola T. Van Leuvan - 2330 Kumquat Dr.
Sec. 21-36.09 Swimming pools
i.Case #17-113085
Citation #6097 (Hazelwood)
David P. Alexander - 1816 Pine Tree Dr.
Sec. 10-98 Property maintenance
j.Case #17-113034
Citation #6103 (Hazelwood)
Cynthia Anderson - 1844 Mango Tree Dr.
Sec. 10-80 Outdoor storage
l.Case #17-113045 A
Citation #6105 (Hazelwood)
Linda Ruth & Donald Robert Fleury - 129 Rhode Island St.
Sec. 10-5 Nuisance generally
m.Case #17-113045 B
Citation #6105 (Hazelwood)
Linda Ruth & Donald Robert Fleury - 129 Rhode Island St.
Sec. 10-207 Accessory structures
n.Case #17-113045 C
Citation #6105 (Hazelwood)
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Linda Ruth & Donald Robert Fleury - 129 Rhode Island St.
Sec. 10-98 Property maintenance
o.Case #17-112991
Citation #6106 (Hazelwood)
Across the Pond Developments LLC - 2311 S. Ridgewood Ave.
Sec. 21-64.02 Non Conforming signs
p.Case #17-113104 A
Citation #6109 (Hazelwood)
Larry W. Middleton - 3433 Woodland Dr.
Sec. 10-113 Inoperable/wrecked vehicle
q.Case #17-113104 B
Citation #6109 (Hazelwood)
Larry W. Middleton - 3433 Woodland Dr.
Sec. 10-234 Doors
9. PUBLIC COMMENTS
None.
10. ADJOURN
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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