05-02-2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, May 2, 2018
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. PURPOSE/PROCESS OPENING STATEMENT
Special Magistrate James Stokes gave a brief overview of the purpose/process opening statement.
3. APPROVAL OF MINUTES
Special Magistrate James Stokes approved the minutes of the April 12, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Michael Amato of 1805 Needle Palm Dr., Edgewater, FL; Jeff Reed of 1013 Fernald
St., Edgewater, FL; Code Officer Robert Hazelwood and Code Officer Kevin Pogany.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
i.Case #18-113697
Citation #5693 (Pogany)
J & S Properties of NSB, LLC-703 S Ridgewood Ave
Section 10-80 Outdoor Storage
ii.Case #18-113482a (REPEAT)
Citation #5692 (Pogany)
Angela Iacobucci-219 Flagler Ave
Section 10-80 Outdoor Storage
iii.Case #18-113482b
Citation #5692 (Pogany)
Angela Iacobucci-219 Flagler Ave
Section 10-113 Inoperable/Wrecked Vehicle
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Meeting Minutes
iv.Case #18-113738 (REPEAT)
Citation #6125 (Hazelwood)
Ronald L Fox-3414 Willow Oak Dr
Section 10-113 Inoperable/Wrecked Vehicle
b. Cases administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
a.Case #18-113438a
Citation #5665 (Pogany)
Michael Amato-1805 Needle Palm Dr.
Section 10-84 Parking (Easement)
b.Case #18-113438b
Citation #5665 (Pogany)
Michael Amato-1805 Needle Palm Dr.
Section 10-100 Damaging Ground Cover
Code Officer Kevin Pogany presented the case. Michael Amato and his attorney Anthony Litsch III
were present. Attorney Litsch stated that his client has been attempting to come into compliance.
The property has had extensive work done that has caused many of the violations. Attorney Litsch
has instructed his client on the proper parking requirements that were emailed to himself and mailed
to his client. Michael Amato has been working with Tom Smith, Public Works Superintendent in
regards to the Ground Cover. Special Magistrate James Stokes finds Michael Amato in violation of
Section 10-84 Parking (Easement) and Section 10-100 Damaging Ground Cover. The fine of $75.00
for each violation is due prior to May 17, 2018. Section 10-84 Parking will be brought into
compliance by May 9, 2018 or a $50.00 per day fine will enforced. Section 10-100 Damaging
Ground Cover will be brought into compliance by June 2, 2018. The Ground Cover will be inspected
and signed off by Tom Smith, Public Works Superintendent. Mr. Smith has the authority to extend
the compliance date of Section 10-100 Damaging Ground Cover in 30 day increments before the fine
of $50.00 per day is enforced.
9. NEW BUSINESS - PUBLIC HEARING
a.Case #18-113721a
Citation #5694 (Pogany)
Michael Amato-1805 Needle Palm Dr
Section 10-115 Parking Residential
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Meeting Minutes
b.Case #18-113721b
Citation #5694 (Pogany)
Michael Amato-1805 Needle Palm Dr
Section 10-82 Commercial Vehicle Registration
Code Officer Kevin Pogany presented the case. Michael Amato and his attorney Anthony Litsch III
were present. Attorney Litsch stated that his client, Mr. Amato is trying to come into compliance. A
parking diagram was emailed to attorney Litsch and mailed to Michael Amato. Mr. Amato was also
handed a copy of the Business Tax Receipt application that stipulats "no commercial vehicles or
equipment shall be permitted in the driveway, or adjacent public right-of-way". Special Magistrate
James Stokes finds Michael Amato in violation of Section 10-115 Parking Residential and Section
10-82 Commercial Vehicle Registration. Citation fees for both violations have been waived. A daily
fee of $50.00 for each Section will be accessed if property is found in violation after May 3, 2018.
Special Magistrate James Stokes reiterated to Mr. Amato that any of the above sections will be
considered a REPEAT violation if Code Enforcement opens another case.
l.Case #18-113651a
Citation #6124 (Hazelwood)
Emma Julia Reed-1013 Fernald St
Section 10-80 Outdoor Storage
m.Case #18-113651b
Citation #6124 (Hazelwood)
Emma Julia Reed-1013 Fernald St
Section 10-84 Parking Easements/ROW
n.Case #18-113651c
Citation #6124 (Hazelwood)
Emma Julia Reed-1013 Fernald St
Section 10-121 Trailer Storage
o.Case #18-113651d
Citation #6124 (Hazelwood)
Emma Julia Reed-1013 Fernald St
Section 10-207 Accessory Structures
Code Officer Robert Hazelwood presented the case. Jeff Reed was present and stated the house is
being painted. There was a lot of damage during the last hurricane. He has re-tiled, and the box
truck is now full of the paint cans and the washer/dryer. Camper has been there for 18 months and
cars are parked there for years, he currently has 7 vehicles and no where to park them. Mr. Reed will
need a week to get the fence repaired and the RV off of the property. Special Magistrate James
Stokes finds in violation of Section 10-80 Outdoor Storage, Section 10-84 Parking Easements/ROW,
Section 10-121 Trailer Storage and Section 10-207 Accessory Structures. The citation fee of $75.00
each section will be due on May 2, 2018 for a total of $300.00. The property will need to come into
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May 2, 2018Code Enforcement/Special
Magistrate
Meeting Minutes
compliance before May 12, 2018 or a daily fine of $50.00 per violation will be enforced.
Special Magistrate James Stokes read the following cases and concluded after reviewing the cases
that no one was present for any of the cases read. Pursuant to Section 10-348 and 10-345
subparagraph C 11 of the Code of Ordinance 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. However, we have the
benefit of the staff recommendations, the Special Magistrate shall entertain motions and take
whatever actions are deemed appropriate.
c.Case #18-113750
Citation #5666 (Pogany)
William I King-422 Sandpiper Ct
Section 10-402 Alternate Method of Enforcement
d.Case #18-113655
Citation #5712 (Hazelwood)
Patricia A Gebhart-Unassigned Parcel #8402-01-13-1370
Section 10-5 Nuisance Generally (Dead Tree)
h.Case #18-113653a
Citation #5714 (Hazelwood)
Lisa Dunigan-1732 Sabal Palm Dr
Section 10-83 Neglected Premises
i.Case #18-113653b
Citation #5714 (Hazelwood)
Lisa Dunigan-1732 Sabal Palm Dr
Section 10-98 Property Maintenance
j.Case #18-113649
Citation #5713 (Hazelwood)
Mark P & Tonia A Grenier-3009 Kumquat Dr
Section 10-115 Parking Residential Area
k.Case #18-113616
Citation #6126 (Hazelwood)
Jassey Lot, LLC-1517 S Ridgewood Av
Section 21-60-03 Sign Permit
10. ADJOURN
Page 4City of Edgewater Printed on 5/4/2018
May 2, 2018Code Enforcement/Special
Magistrate
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 5/4/2018