06-06-2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, June 6, 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 May 2, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Michael Gebhard of 2316 Travelers Palm Dr., Edgewater, FL; Jerry Hager of 821 W
Park Ave., Edgewater, FL; Frank Yavorski of 1815 Kumquat Dr., Edgewater, FL; Code Officer
Kevin Pogany and Code Officer Robert Hazelwood.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
Special Magistrate James Stokes read the following cases and concluded after reviewing the cases
that the properties are in compliance and are found in violation of said Sections.
i.Case #18-113701a
Citation #5667 (Pogany)
Timothy L Dalton & Elisabeth V Brooks-3119 Juniper Dr
Section 10-115 Parking Residential
ii.Case #18-113701b
Citation #5667 (Pogany)
Timothy L Dalton & Elisabeth V Brooks-3119 Juniper Dr
Section 10-84 Parking Easement
iii.Case #18-113701c
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Citation #5667 (Pogany)
Timothy L Dalton & Elisabeth V Brooks-3119 Juniper Dr
Section 10-113 Inoperable/Wrecked Vehicle
iv.Case #18-113773
Citation #5699 (Pogany)
Susana Hernandez-114 E Ocean Ave
Section 10-83 Neglected Premise
v.Case #18-113686
Citation #5700 (Pogany)
Christopher S Campbell-302 W Ocean Ave
Section 10-98 Property Maintenance
vi.Case #18-113774
Citation #5351 (Pogany)
Janet S Lipscomb Rev Trust-1304 S Riverside Dr
Section 10-83 Neglected Premise
vii.Case #18-113825
Citation #5719 (Hazelwood)
Richard A & Arlene A Rudd TR-143 Highland Ave
Section 10-115 Parking Residential Area
j.Case #18-113802 (REPEAT)
Citation #5716 (Hazelwood)
Eric & Michelle Phillips-2126 Kumquat Dr
Section 10-84 Right of Way Parking
r.Case #18-113775
Citation #5672 (Pogany)
Lya Weissenberger Rev Trust-2120 Needle Palm Dr
Section 10-115 Parking Residential
t.Case #18-113840 (REPEAT)
Citation #5673 (Pogany)
Marcos A Betancur-402 Sea Gull Ct
Section 10-402 Alternate Method of Enforcement
b. Cases administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
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i.Case #18-113811a
Citation #5697 (Pogany)
Kathleen Dobry Knighton-122 Hotel Ave
Section 10-84 Parking Easement
Tabled until July 12, 2018 meeting at 2 p.m. per property owners request.
ii.Case #18-113811b
Citation #5697 (Pogany)
Kathleen Dobry Knighton-122 Hotel Ave
Section 10-80 Outdoor Storage
Tabled until July 12, 2018 meeting at 2 p.m. per property owners request.
u.Case #18-113578
Citation #5674 (Pogany)
Jerry L & Linda S Hager-821 W Park Ave
Section 21-36.03 Commercial Outdoor Storage
Code Officer Kevin Pogany presented the case. Jerry Hager was present and stated that he has
towed 15 cars from the property. He now has everything either inside his shop or behind the
building. Some of the cars that are shown in the pictures are not on his property. Special Magistrate
James Stokes has tabled this case until the July 12, 2018 meeting at 2p.m. No notice of re-schedule
will be mailed to Mr. Hager as he is being verbally told the case will be heard on July 12, 2018 at 2
p.m., unless the property comes into compliance prior to the meeting date.
8. OLD BUSINESS-PUBLIC HEARING
None
9. NEW BUSINESS - PUBLIC HEARING
s.Case #17-113339
Citation #5671 (Pogany)
Michael W Gebhard-2316 Travelers Palm Dr
Section 10-83 Neglected Premise
Code Officer Kevin Pogany presented the case. Michael Gebhard was present and stated he hired an
original roof company who then pulled the May 2017 permit. No work was done due to the quote
being over $24000.00 to complete. Mr. Gebhard's insurance company will only give him $10000.00
for the roof work. He is unable to come up with the rest of the funds at this time. He has been
saving up money to get the work completed. He has also hired Morgan & Morgan to sue the
insurance company for the funds. At this time he does not have a hearing date. He has added a
membrane onto the roof to try and stop the leaking. Special Magistrate James Stokes finds Michael
Gebhard in violation of Section 10-83 Neglected Premise. The property will need to come into
compliance by August 1, 2018 or a $50.00 daily fine will be accessed. The citation has already been
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paid prior to the meeting. Special Magistrate James Stokes reiterated the importance to Mr.
Gebhard of staying on top of the situation with his attorney and to keep Code Enforcement updated
on the progress. Code enforcement has the ability of extending the August 1, 2018 completion date.
Compliance is the expectation.
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 violations and that an order can be made for the maximum application penalties that
include but are not limited to administrative costs, fines, daily fines and liens. However, we have the
benefit of the staff recommendation, the Special Magistrate shall entertain motions and take
whatever actions are deemed appropriate.
a.Case #18-113762 (REPEAT)
Citation #6127 (Hazelwood)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
b.Case #18-113831
Citation #5717 (Hazelwood)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-98 Property Maintenance
c.Case #18-113767 (REPEAT)
Citation #5695 (Pogany)
Rhonda M Evans Revoc Liv Trust-2720 Umbrella Tree Dr
Section 10-98 Property Maintenance
d.Case #18-113769 (REPEAT)
Citation #5696 (Pogany)
Rhonda M Evans & Brandon R Evans-2724 Umbrella Tree Dr
Section 10-402 Alternate Method of Enforcement
e.Case #18-113770a
Citation #5698 (Pogany)
Rhonda M & Brandon R Evans-2724 Umbrella Tree Dr
Section 10-130 Site Debris
f.Case #18-113770b (REPEAT)
Citation #5698 (Pogany)
Rhonda M & Brandon R Evans-2724 Umbrella Tree Dr
Section 10-98 Property Maintenance
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g.Case #18-113770c
Citation #5698 (Pogany)
Rhonda M & Brandon R Evans-2724 Umbrella Tree Dr
Section 7-1 Inc. FL Building Code
h.Case #18-113770d
Citation #5698 (Pogany)
Rhonda M & Brandon R Evans-2724 Umbrella Tree Dr
Section 10-106 Accumulation of Rubbish
i..Case #18-113800 (REPEAT)
Citation #5715 (Hazelwood)
David P Alexander-1816 Pine Tree Dr
Section 10-402 Alternate Method of Enforcement
k.Case #18-113804
Citation #5668 (Pogany)
Aski Development LLC-2001 S Riverside Dr
Section 10-98 Property Maintenance
l.Case #18-113808 (REPEAT)
Citation #5669 (Pogany)
Ethel Winifred Knighton-2401 Queen Palm Dr
Section 10-402 Alternate Method of Enforcement
m.Case #18-113828a (REPEAT)
Citation #6128 (Hazelwood)
Kristi Wilson-3307 Pine Tree Dr
Section 10-80 Outdoor Storage
n.Case #18-113828b (RE-OCCURRING)
Citation #6128 (Robert Hazelwood)
Kristi Wilson-3307 Pine Tree Dr
Section 10-107 Disposal-Rubbish & Garbage
o.Case #18-113871 (RE-OCCURING)
Citation #6129 (Hazelwood)
Kristi Wilson-3307 Pine Tree Dr
Section 10-121 Trailer Storage
p.Case #18-113752a
Citation #5670 (Pogany)
Anne M Lasette-3208 Willow Oak Dr
Section 10-98 Property Maintenance
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q.Case #18-113752b
Citation #5670 (Pogany)
Anne M Lasette-3208 Willow Oak Dr
Section 10-207 Accessory Structures
v.Case #18-113535
Citation #5718 (Hazelwood)
Monty L Murphey-116 Woodley Ave
Section 10-175 Occupied or Inhabited Structures
w.Case #17-113096
Citation #5352 (Pogany)
James Carder Jr TR & James C Carder Rev Living TR-3 Pelican Dr
Section 10-83 Neglected Premise
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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