11-14-2019104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
2:00 PM Council ChambersThursday, November 14, 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 October 10, 2019 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were James Phillips and Heidi Embry of 120 Orange Ave. Edgewater, FL; City of
Edgewater Animal Control Officer/Code Enforcement Officer Denis Odell, City of Edgewater Code
Enforcement Officer Robert Hazelwood and City of Edgewater Code Enforcement Officer Kevin
Pogany.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
Special Magistrate James Stokes read the below case into the record and concluded after reviewing
the case that no one was present for the read case. Pursuant to Sections 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 violation(s) 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 property in violation of said Section(s) and orders the Staff
Recommendation.
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November 14, 2019Code Enforcement/Special
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Meeting Minutes
i.Case #19-115188
Citation #5742 (Hazelwood)
Dannie Shields Jr-430 Live Oak St
Section 10-115 Parking-Residential Area
Staff recommends the Special Magistrate finds Dannie Shields Jr in violation of 10-115
Parking-Residential of the Code of Ordinances. The violation has been corrected and the citation
has been paid, so no daily fines are being requested.
b. Cases administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
None
9. NEW BUSINESS - PUBLIC HEARING
b.Case #19-115198
Citation #3489 (Odell)
James F Phillips-120 Orange Ave
Section 10-400 (2) Nuisance Grass/weeds
City of Edgewater Animal Control Officer/Code Enforcement Officer Denis Odell presented the case.
Heidi Embry was present and testified. Special Magistrate James Stokes finds the property in
violation of Section 10-400 (2) Nuisance Grass/Weeds of the Code of Ordinances and access the
citation fine for $75.00 and for a lien to be placed on the property if not satisfied by November 14,
2019. No daily fines are being requested as the property is now in compliance.
Special Magistrate James Stokes read the below case into the record and concluded after reviewing
the case that no one was present for the read case. Pursuant to Sections 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 violation(s) 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 property in violation of said Section(s) and orders the Staff
Recommendation.
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November 14, 2019Code Enforcement/Special
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Meeting Minutes
a.Case #19-115221 REPEAT
Citation #3488 (Odell)
William I King-422 Sandpiper Ct
Section 10-402 Alternate Method of Enforcement
Staff recommends the Special Magistrate find William I King in violation of Section 10-402 Alternate
Method of Enforcement of the Code of Ordinances and access the citation fine of $150.00 and for a
lien to be placed if not satisfied by November 14, 2019. There is no daily fine for this violation.
c.Case #19-115218
Citation #5743 (Hazelwood)
Richard A & Arlene A Rudd TR-2518 India Palm Dr
Section 10-113 Inoperable/Wrecked Vehicle
Staff recommends the Special Magistrate find Richard A & Arlene A Rudd TR in violation of Section
10-113 Inoperable/wrecked vehicle of the Code of Ordinances and access the citation fine of $75.00
and for a lien to be placed on the property if not satisfied by November 14, 2019. The violation has
been corrected, so no daily fines are being requested.
d.Case #19-115298a REPEAT
Citation #5744 (Hazelwood)
Richard Christopher Hendrix-1626 Needle Palm Dr
Section 10-80 Outdoor Storage
e.Case #19-115298b
Citation #5744 (Hazelwood)
Richard Christopher Hendrix-1626 Needle Palm Dr
Section 10-121 Trailer Parking
Staff recommends the Special Magistrate find Richard Christopher Hendrix in violation of Sections
10-80 Outdoor Storage and Section 10-121 Trailer Storage of the Code of Ordinances and access the
citation fine of $150.00 for Outdoor Storage (repeat offense) and $75.00 for Trailer Storage. It is
also recommended that an additional fine of $200.00 per day for the Outdoor Storage (repeat
offense) and $100.00 per day for the Trailer Storage for each day the violation exists past November
14, 2019 and for a lien to be placed on the property if not satisfied by November 14, 2019.
f.Case #19-115304 REPEAT
Citation #5745 (Hazelwood)
Terry Slusher Tilford-305 Joyce St
Section 10-402 Alternate Method of Enforcement
Staff recommends the Special Magistrate find Terry Slusher Tilford in violation of Section 10-402
Alternate Method of Enforcement of the Code of Ordinances and access the repeat citation fine of
$150.00 and for a lien to be placed on the property if not satisfied by November 14, 2019. There is no
daily fine for this violation.
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g.Case #19-115242 REPEAT
Citation #6020 (Pogany)
Marilyn McAtee-2106 Umbrella Tree Dr
Section 10-402 Alternate Method of Enforcement
Staff recommends the Special Magistrate find Marilyn McAtee in violation of Section 10-402
Alternate Method of Enforcement of the Code of Ordinances and access the repeat citation fine of
$150.00 and for a lien to be placed on the property if not satisfied by November 14, 2019. There is
no daily fine for this violation.
h.Case #19-115246 REPEAT
Citation #6021 (Pogany)
Lorraine V Desjardins EST-3027 Umbrella Tree Dr
Section 10-402 Alternate Method of Enforcement
Staff recommends the Special Magistrate find Lorraine V Desjardins EST in violation of Section
10-402 Alternate Method of Enforcement of the Code of Ordinances and assess the repeat citation
fine of $150.00 and for a lien to be placed on the property if not satisfied by November 14, 2019.
There is no daily fine for this violation.
i.Case #19-115260
Citation #6022 (Pogany)
Corinne Joann Dearakal-1929 Victory Palm Dr
Section 19-4 Unlawful Connections
Staff recommends the Special Magistrate find Corinne Joann Dearakal in violation of Section 19-4
Unlawful Connections of the Code of Ordinances. No daily fine is being requested as the water has
been turned back on to the residence. The lid and lock for the water meter are still missing and the
cost of those items is $16.00 It is requested that the $16.00 be assessed to replace the broken lid/lock.
The citation has been paid in full.
j.Case #19-115276
Citation #6023 (Pogany)
Fred H Carlson-743 Navigators Way
Section 10-402 Alternate Method of Enforcement
Staff recommends the Special Magistrate find Fred H Carlson in violation of Section 10-402
Alternate Method of Enforcement of the Code of Ordinances and assess the citation fine of $75.00
and for a lien to be placed on the property if not satisfied by November 14, 2019. There is no daily
fine for this violation.
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November 14, 2019Code Enforcement/Special
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Meeting Minutes
k.Case #19-115307 REPEAT
Citation #5746 (Hazelwood)
Fanton Holdings LLC-1530 Royal Palm Dr
Section 21-36.9 Swimming Pool
Staff recommends the Special Magistrate find Fanton Holdings LLC in violation of Section 21-36.9
Swimming Pools of the Code of Ordinances and access the repeat citation fine of $150.00 and an
additional fine of $100.00 per day each day the violation exists past November 14, 2019 and for a
lien to be placed on the property if not satisfied by November 14, 2019. It is also requested a lien be
placed on the property for the work completed by The City of Edgewater Parks and Rec department
to install a temporary fence in the amount of $263.64 if not satisfied by November 14, 2019.
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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