10-03-2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, October 3, 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 September 5, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were William Russell of 3028 Woodland Dr., Edgewater, FL; Bernard Mills of 2429
Swordfish Lane, Edgewater, FL; Mike Lopez of 2401 Swordfish Lane, Edgewater, FL; 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
None
b. Cases Administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
a.Case #18-113411
Citation #5684 (Pogany)
Michael H & Connie Yelvington-919 S Ridgewood Ave.
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Meeting Minutes
Section 21-210.02 Fire & life safety standards
Special Magistrate James Stokes stated for the record that Case 18-113411 was heard during the
February 8, 2018 meeting and found in violation of Section 21-210.02 Fire & Life Safety Standards.
The citation amount of $75.00 was upheld and daily fines of $50.00 were to begin accruing on March
31, 2018. Due to a clerical error the Order was not signed after the Hearing. A new Order will be
signed today to uphold the ruling from the February 8, 2018 Hearing finding in violation. The
citation fee of $75.00 is upheld and the $50.00 daily fine will not begin until November 4, 2018 if the
property is not brought into compliance prior.
9. NEW BUSINESS - PUBLIC HEARING
a.Case #18-113936
Citation #5364 (Pogany)
Bernard F Mills-2429 Swordfish Ln
Section 21-38.02 General Requirements Fence
Code Enforcement Officer Kevin Pogany presented the case. Bernard Mills was present and testified.
Special Magistrate James Stokes finds the property in violation and will uphold the $75.00 citation
fee for Section 21-38.02 General Requirements. A daily fine of $50.00 will begin accruing after
October 10, 2018 if the violation is not corrected. Special Magistrate James Stokes reiterated to Mr
Mills that he only has 30 days to contest his decision, and stated he can try and get a variance from
the city to keep the structure.
k.Case #18-114236a
Citation #5388 (Pogany)
William F Russell-3028 Woodland Dr
Section 10-5 Nuisance Generally
l.Case #18-114236b
Citation #5388 (Pogany)
William F Russell-3028 Woodland Ave
Section 10-80 Outdoor Storage
Code Enforcement Officer Kevin Pogany presented the case. William Russell was present and
testified. Special Magistrate James Stokes finds the property in violation of Sections 10-5 Nuisance
Generally and Section 10-80 Outdoor Storage. Since the property has been cleaned up and the
people responsible are no longer living at the home, the citation fees on both Sections have been
waived. Special Magistrate James Stokes did reiterate that since the property has been found in
violation, if the property receives a repeat violation he will impose the highest penalty permittable.
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
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Meeting Minutes
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 applicable 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 #18-114231 REPEAT
Citation #5365 (Pogany)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
c.Case #18-114223a
Citation #5366 (Pogany)
Marilyn McAtee-2106 Umbrella Tree Dr
Section 10-98 Property Maintenance Grass/Weeds
d.Case #18-114223b
Citation #5366 (Pogany)
Marilyn McAtee-2106 Umbrella Tree Dr
Section 15-1 House Numbers
e.Case #18-114271
Citation #5367 (Pogany)
Jasmine Partridge-31 Pine Brook Dr
Section 21-38.02 General Requirements Fence
f.Case #18-114243 REPEAT
Citation 5386 (Pogany)
Terry Slusher Tilford-305 Joyce St
Section 10-98 Property Maintenance Grass/Weeds
g.Case #18-114266 REPEAT
Citation #5387 (Pogany)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-402 Alternate Method of Enforcement
h.Case #18-114283 REOCCURRING
Citation #6135 (Hazelwood)
Bank of New York Mellon Trust Co-1722 Pine Tree Dr
Section 10-402 Alternate Method of Enforcement
i.Case #18-114286 REPEAT
Citation #6136 (Hazelwood)
Ethel Winifred Knighton-2401 Queen Palm Dr
Section 10-402 Alternate Method of Enforcement
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j.Case #18-114178
Citation #6165 (Hazelwood)
Robert S Pogg-2925 Yule Tree Dr
Section 10-80 Outdoor Storage
m.Case #18-114290 REPEAT
Citation #5389 (Pogany)
Brandon R & Rhonda M Evans-2724 Umbrella Tree Dr
Section 10-402 Alternate Method of Enforcement
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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