07-12-2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
2:00 PM Council ChambersThursday, July 12, 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 introduction and stated the purpose/process opening
statement.
3. APPROVAL OF MINUTES
Special Magistrate James Stokes approved the minutes of the June 6, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Marek Ploski of 3429 Vista Palm Dr., Edgewater, FL; Jerry Hager of 821 W. Park
Ave., Edgewater, FL; Karol Prest of 1410 Pine Tree Dr., Edgewater, FL; Sidney Whiteman of 3308
Sabal Palm Dr., Edgewater, FL; John Bailey representing 2528 Woodland Dr., Edgewater, FL; Jeff
Reed of 1013 Fernald St., Edgewater, FL; Animal Control Officer Denis Odell, Code Officer Kevin
Pogany and Code Officer Robert Hazelwood.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
i.Case #18-114049
Citation #5381 (Pogany)
Russell Lee Fritts-1903 12th Street
Section 21-53.02 Permit Authority
Special Magistrate James Stokes read the above case and concluded after reviewing the case that the
property is now in compliance and is found in violation of said Section. The citation was also paid in
full as of July 9, 2018.
b. Cases administratively closed
None
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Meeting Minutes
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
a.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 he has now
made all the corrections. Mr. Hager is confused as to why he still had to pay the citation. Special
Magistrate James Stokes advised that the property is now in compliance, but has been found in
Violation of above Section. Special Magistrate James Stokes will uphold the citation amount of
$75.00
Special Magistrate James Stokes read the following case and concluded after reviewing the case that
no one was present for the read case. 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.
b.Case #18-113811a
Citation #5697 (Pogany)
Kathleen Dobry Knighton-122 Hotel Ave
Section 10-84 Parking Easement
c.Case #18-113811b
Citation #5697 (Pogany)
Kathleen Dobry Knighton-122 Hotel Ave
Section 10-80 Outdoor Storage
9. NEW BUSINESS - PUBLIC HEARING
a.Case #18-113998a
Citation #3905 (ODell)
Marek Ploski-3429 Vista Palm Dr
Section 5-14 Running at Large K9 (2 counts)
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Meeting Minutes
b.Case #18-113998b
Citation #3905 (O'Dell)
Marek Ploski-3429 Vista Palm Dr
Section 5-17 Mandatory Spay/Nueter K9 (1 count)
c.Case #18-113998c
Citation #3905 (O'Dell)
Marek Ploski-3429 Vista Palm Dr
Section 5-30 Vaccination Required K9 (2 counts)
Animal Control Officer Denis Odell presented the case. Marek Ploski was present and testified. He
is aware that his dogs have left his property. He is currently getting a new fence that will hold the
dogs in the backyard. The male dog is being nuetered today. Prior to the meeting, Marek presented
the Animal Control Officer proof of both dogs vaccination records. Special Magistrate finds Marek
Ploski in violation for Section 5-14 Running At Large K9 (2 counts) $160.00 fee and Section 5-17
Mandatory Spay/Nueter K9 (1 count) $80.00. Due to the fact Mr. Ploski presented the vaccination
records, Section 5-30 Vaccination Required K9 (2 counts) $160.00 Mr. Ploski is not in violation and
has waived the fee.
d.Case #18-113901
Citation #5721 (Hazelwood)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-402 Alternate Method of Enforcement
Code Officer Robert Hazelwood presented the case. Sidney Whiteman was present and testified. The
grass at this property has now been cut. Special Magistrate James Stokes after hearing the case
finds the property in violation of above Section. Special Magistrate James Stokes has waived the
citation fee of 75.00
e.Case #18-113902a
Citation #5725 (Hazelwood)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-80 Outdoor Storage
f.Case #18-113902b
Citation #5725 (Hazelwood)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-113 Inoperable/Wrecked Vehicle
g.Case #18-113902c
Citation #5725 (Hazelwood)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-107 Disposal Rubbish/Garbage
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July 12, 2018Code Enforcement/Special
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Meeting Minutes
h.Case #18-113902d
Citation #5725 (Hazelwood)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-83 Neglected Premises
Code Officer Robert Hazelwood presented the case. Sidney Whiteman was present and testified. Mr.
Whiteman has cleaned up the Outdoor Storage, removed the Wrecked/Inoperable Vehicle and has
removed the Disposal Rubbish/Garbage from the property. He is currently working on getting the
new roof in place. Mr. Whiteman has been doing the work himself, as he is currently taking care of
his mother at this location. He believes he will have the work on the roof completed in 30 days.
Special Magistrate James Stokes finds the property in violation of Sections 10-80 Outdoor Storage,
Section 10-113 Inoperable/Wrecked Vehicle, Section 10-107 Disposal Rubbish/Garbage and 10-83
Neglected Premises. Special Magistrate James Stokes stated the property is now in compliance for
all sections except 10-83 Neglected Premises. The property will need to come into compliance by
August 15, 2018 or a $50.00 daily fine will be accessed. The citation amount of $300.00 has been
reduced to $75.00 and has to be paid by August 15, 2018. If Mr. Whiteman has any delays on the
roof replacement, Code Enforcement has the ability to extend the August 15, 2018 deadline.
p.Case #18-113884
Citation #6130 (Hazelwood)
Emma Julia Reed-1013 Fernald St
Section 10-82 Commercial Vehicle
Code Officer Robert Hazelwood presented the case. Jeff Reed was present and testified. He is
currently working on the house during non business hours after he works during the day and while
his mother is asleep. His warehouse is located on Hibiscus Dr. Special Magistrate James Stokes finds
in violation of Section 10-82 Commercial Vehicle. The citation amount of $75.00 has been upheld
and a $50.00 daily fine will be accessed starting today, July 12, 2018. The commercial vehicle needs
to be parked at the warehouse located on Hibiscus Dr.
r.Case #18-113852
Citation #5724 (Hazelwood)
Karol L Prest-1410 Pine Tree Dr
Section 21-38.02 General Requirements (Fence)
Code Officer Robert Hazelwood presented the case. Karol Prest was present and testified. She
hired Dave's Fence to bring the fence into compliance. It was her understanding that the permit had
been pulled by the company. Ms. Prest was given a date of July 31, 2018 when the fence will be
completed. On July 3, 2018 a permit was pulled by the fence company. Special Magistrate James
Stokes finds the property in violation. The citation fee of $75.00 is upheld. Daily fines of $50.00 will
begin on August 1, 2018 if the property is not in compliance.
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u.Case #18-114000a
Citation #5378 (Pogany)
William C Price-2528 Woodland Dr
Section 10-98 Property Maintenance
v.Case #18-114000b
Citation #5378 (Pogany)
William C Price-2528 Woodland Dr
Section 10-106 Accumulation of Rubbish
Code Officer Kevin Pogany presented the case. John Bailey who is representing the property owner
was present and testified. Mr. Bailey stated the grass has now been mowed and the trash has been
moved to the back deck that is not able to be seen from the street. The property has been placed on
the reoccuring cutting program with the financial company. Special Magistrate James Stokes finds
the property in violation for Section 10-98 Property Maintenance and Section 10-106 Accumulation
of Rubbish. The citation amount of $150.00 will need to be paid by August 15, 2018. No daily fines
will be issued as the property is now in compliance.
Special Magistrate James Stokes read the following cases and concluded after reviewing the cases
that no one was present for the read cases. 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.
i.Case #18-113898 REPEAT
Citation #5675 (Pogany)
Monty L. Murphrey-116 Woodley Ave
Section 10-80 Outdoor Storage
j.Case #18-113913
Citation #6157 (Hazelwood)
BIA Investments LLC-1709 S Ridgewood Ave #5
Section 10-113 Inoperable/wrecked vehicle
k.Case #18-113957
Citation #6154 (Hazelwood)
Stephen D Campbell-3430 Vista Palm Dr
Section 10-98 Property Maintenance Grass/Weeds
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l.Case #18-113942
Citation #5376 (Pogany)
Sandra J Kerns-401 Sea Gull Ct
Section 10-402 Alternate Method of Enforcement
m.Case #18-113929
Citation #5723 (Hazelwood)
Larry W Middleton-3433 Woodland Dr
Section 10-402 Alternate Method of Enforcement
n.Case #18-113918
Citation #5722 (Hazelwood)
Paul C Jr & Julia L Gertsch-2131 Royal Palm Dr
Section 10-402 Alternate Method of Enforcement
o.Case #18-113896
Citation #5720 (Hazelwood)
Herbert E Keiber-2430 Willow Oak Dr
Section 10-402 Alternate Method of Enforcement
q.Case #18-113725
Citation #5353 (Pogany)
Sherman M Saunders-2217 Tamarind Dr
Section 21-36.09 Swimming Pool
s.Case #18-113968a
Citation #5377 (Pogany)
Bryan E Stuck-406 Falcon Ave
Section 10-98 Property Maintenance
t.Case #18-113968b REPEAT
Citation #5377 (Pogany)
Bryan E Stuck-406 Falcon Ave
Section 10-5 Nuisance Generally
w.Case #18-114008 REPEAT
Citation #5379 (Pogany)
Patricia G Ahern-336 Shangri La Cir
Section 10-402 Alternate Method of Enforcement
x.Case #18-114013 REPEAT
Citation #5354 (Pogany)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
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y.Case #18-113949a
Citation #6151 (Hazelwood)
Michael F Contrastan-2325 Orange Tree Dr
Section 10-98 Property Maintenance
z.Case #18-113949b
Citation #6151 (Hazelwood)
Michael F Contrastan-2325 Orange Tree Dr
Section 10-107 Disposal Rubbish & Garbage
aa.Case #18-113949c
Citation #6151 (Hazelwood)
Michael F Contrastan-2325 Orange Tree Dr
Section 10-207 Accessory Structures
ab.Case #18-114026 REPEAT
Citation #6152 (Hazelwood)
Charles Williams Jr TR/REV TR-parcel #8402-00-00-0462
Section 10-402 Alternate Method of Enforcement
ac.Case #18-113952a
Citation #6153 (Hazelwood)
Robert J & Cathy Jennifer Leigh Brill-3123 Umbrella Tree Dr
Section 10-98 Property Maintenance Grass/Weeds
ad.Case #18-113952b
Citation #6153 (Hazelwood)
Robert J & Cathy Jennifer Leigh Brill-3123 Umbrella Tree Dr
Section 10-80 Outdoor Storage
ae.Case #18-113948
Citation #6155 (Hazelwood)
William Thorne-2617 Mango Tree Dr
Section 10-05 Nuisance Generally Dirty Pool
af.Case #18-113989a
Citation #6156 (Hazelwood)
US Bank Natl Assoc TR-3307 Pine Tree Dr
Section 10-207 Accessory Structures
ag.Case #18-113989b
Citation #6156 (Hazelwood)
US Bank Natl Assoc TR-3307 Pine Tree Dr
Section 10-98 Property Maintenance
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ah.Case #18-114038 REPEAT
Citation #5355 (Pogany)
James C Carder Jr TR/Rev TR-200 Falcon Ave
Section 10-402 Alternate Method of Enforcement
ai.Case #18-114037 REPEAT
Citation #6131 (Pogany)
Charles Williams Jr TR/REV TR-Parcel 8402-39-00-0130
Section 10-402 Alternate Method of Enforcement
aj.Case #18-113977
Citation #5380 (Pogany)
Terry Slusher Tilford-305 Joyce St
Section 10-98 Property Maintenance Grass/Weeds
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.
Page 8City of Edgewater Printed on 7/16/2018