08-01--2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, August 1, 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 July 12, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Michael Morell of 1904 Umbrella Tree Dr., Edgewater, FL; Frank Yavorski of 1815
Kumquat Dr., Edgewater, FL; City of Edgewater Chief Building Inspector Michael Garrett, Code
Enforcement Officer Kevin Pogany, and Code Enforcement Officer Robert Hazelwood.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
i.Case #18-114070
Citation #5383 (Pogany)
Daneen H Read & Harold James Read Jr W&H-3038 Woodland Dr
Section 10-402 Alternate Method of Enforcement
ii.Case #18-113993
Citation #6158 (Hazelwood)
Amanda Brookins-206 Wildwood Dr
Section 15-1 House Numbers
Special Magistrate James Stokes read the above cases and concluded after reviewing the cases that
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Meeting Minutes
the properties are now in compliance and are found in violation of said Sections. The citations have
been paid in full as of August 1, 2018
b. Cases administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
None
9. NEW BUSINESS - PUBLIC HEARING
e.Case #18-113720
Citation #5382 (Pogany)
Michael & Cathy T Morell-1904 Umbrella Tree Dr
Section 10-207 Accessory Structures
Code Enforcement Officer Kevin Pogany presented the case. Michael Morell was present and
testified. There was damage to his fence during the last hurricane. During that time he had a knee
injury and was not able to clean up and maintain his property due to his health. Mr. Morell has been
in contact with Code Officer Pogany in regards to the upkeep of the fence, at this time the fence has
been repaired and is standing upright. While he did believe it was a typo, the date on his Notice of
Violation was for 2019, not 2018. He is currently in the process of getting his home updated so that
he can apply for a home improvement loan that he will use to replace the current fence. Special
Magistrate James Stokes finds the property in violation, the property is now in compliance. Due to
the continued contact with Mr. Morell and Code Enforcement, the citation fee of $75.00 will be
waived.
a.i.Case #18-114033
Citation #5358 (Pogany)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-138 Uninhabitable, Dilapidated, Unsafe or Unsanitary Building
a. ii.The City of Edgewater requesting condemnation of property located at 1821
Kumquat Drive.
Code Enforcement Officer Kevin Pogany presented the case. No one was present to testify on behalf
of the property. Chief Building Inspector Michael Garrett spoke in regards to the condemnation and
demolition of the structure and stated that the 45 day timeline for demolition and removal of the
structure, or to repair the structure in a state of sound repair is feasible. Special Magistrate James
Stokes finds the property in violation. The citation fee of $75.00 is being upheld with a daily fine of
$50.00 for every day the violation continues beyond August 1, 2018. It is further ordered that the
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Meeting Minutes
property is subject to Condemnation and the owner is to demolish and remove the structure or to
repair the structure in a state of sound repair before September 15, 2018. It is the FINAL ORDER of
the Special Magistrate that the structure be demolished and removed by the City after September 15,
2018 and that the City Council shall direct the City Clerk to place the actual costs including
administrative fees as a municipal special assessment lien upon the property.
Frank Yavorski, of 1815 Kumquat Dr., spoke after the ruling in regards to purchasing the property.
He was advised by Special Magistrate James Stokes to either reach out to the current property owner
to see if he could purchase the property prior to the liens being placed, or to wait until the City has
completed the work and call the City Clerk for updates.
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.
b.Case #18-114017a
Citation #5356 (Pogany)
County of Volusia-2221 Mango Tree Dr
Section 10-207 Accessory Structures
c.Case #18-114017b
Citation #5356 (Pogany)
County of Volusia-2221 Mango Tree Dr
Section 15-1 House Numbers
d.Case #18-113816
Citation #5357 (Pogany)
T & M United Corporation-607 N Ridgewood Ave
Section 10-98 Property Maintenance Tree/Limb Down
f.Case #18-114101
Citation #6132 (Hazelwood)
Viola T Van Leuvan-2330 Kumquat Dr
Section 10-401 Imminent Health Hazard
g.Case #18-113956a
Citation #6159 (Hazelwood)
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Thomas E Tipton Jr-2412 Unity Tree Dr
Section 10-5 Dead Tree
h.Case #18-113956b
Citation #6159 (Hazelwood)
Thomas E Tipton Jr-2412 Unity Tree Dr
Section 15-1 House Numbers
i.Case #18-113956c
Citation #6159 (Hazelwood)
Thomas E Tipton Jr-2412 Unity Tree Dr
Section 10-83 Neglected Premises
j.Case #18-114080a
Citation #6160 (Hazelwood)
Daniel J Crowley-3103 Victory Palm Dr
Section 21-38.02 General Requirements (Fence)
k.Case #18-114080b
Citation #6160 (Hazelwood)
Daniel J Crowley-3103 Victory Palm Dr
Section 10-207 Accessory Structures
l.Case #18-114109 REPEAT
Citation #6133 (Hazelwood)
Ethel Winifred Knighton-2401 Queen Palm Dr
Section 10-402 Alternate Method of Enforcement
m.Case #18-114110a REPEAT
Citation #6134 (Hazelwood)
Mira Massing-2830 Queen Palm Dr
Section 10-113 Inoperable/Wrecked Vehicle
n.Case #18-114110b REPEAT
Citation #6134 (Hazelwood)
Mira Massing-2830 Queen Palm Dr
Section 10-115 Residential Parking
10. ADJOURN
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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.
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