01-02-2019104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, January 2, 2019
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 December 5, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Jessica Colby of 2326 Silver Palm Dr, Edgewater, FL; Sidney Whiteman of 3308
Sabal Palm Dr, Edgewater, FL; Christy Curcio of 135 E Park Ave, Edgewater, FL; City of
Edgewater Police Officer Steven Hirsch, City of Edgewater Code Enforcement Officer Kevin Pogany
and City of Edgewater 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
None
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January 2, 2019Code Enforcement/Special
Magistrate
Meeting Minutes
9. NEW BUSINESS-PUBLIC HEARING
a.Case #18-114445
COV #15766 (Hirsch)
Jessica May Colby-2326 Silver Palm
Section 17-01 Traffic/Red Light Violation
City of Edgewater Police Officer Steven Hirsch presented the case. Witness Christy Curcio testified,
she was participating in a ride along with Officer Hirsch. Jessica Colby was present and testified.
Chad Colby testified as a witness for Jessica Colby. Special Magistrate James Stokes found in
violation and upheld the fine. The fine is to be paid no later than January 9, 2019.
b.Case #18-114267a
Citation #5369 (Pogany)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-80 Outdoor Storage
c.Case #18-114267b
Citation #5369 (Pogany)
Diana Whiteman-3308 Sabal Palm Dr
Section 10-5 Nuisance Generally
City of Edgewater Code Enforcement Officer Kevin Pogany presented the cases. Sidney Whiteman
was present and testified. Special Magistrate James Stokes found the property in violation of
Section10-80 Outdoor Storage and Section 10-5 Nuisance Generally. Special Magistrate James
Stokes stated that the daily fines will not start on the property until January 9, 2019 and Mr.
Whiteman will need to call Code Enforcement to set up an inspection prior to this date. Special
Magistrate James Stokes also reiterated that any repeat violations will come with hefter fines.
Special Magistrate James Stokes read the below cases into the record 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 violation 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. Special Magistrate
James Stokes finds the below properties in violation of said Sections and orders the Staff
Recommendations.
d.Case #18-114459 REPEAT
Citation #5370 (Pogany)
Viola T Van Leuvan-2330 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
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January 2, 2019Code Enforcement/Special
Magistrate
Meeting Minutes
e.Case #18-114461 REPEAT
Citation #5371 (Pogany)
Nona Moore Chapman-1821 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
f.Case #18-114442 REPEAT
Citation #6181 (Hazelwood)
Ethel Winifred Knighton-2401 Queen Palm Dr
Section 10-402 Alterate 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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