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10-19-2023City of Edgewater Meeting Minutes - Final Enforcement/Special Magistrate Thursday, October 19, 2023 1. CALL TO ORDER, ROLL CALL 2:00 PM Special Magistrate Jacob Schumer called the meeting to order at 2: 00 pm. 2. APPROVAL OF MINUTES 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Special Magistrate Jacob Schumer approved the minutes of the September 14, 2023 hearing with the addendum of adding "Special Magistrate upheld the trespass warning" at the end of the 1st paragraph. "Judson Merry was present and testified and denied the violation. City of Edgewater Police Department Officer Nicolette Nolan was presented the case. Special Magistrate Schumer finds the Defendant in violation of Sec. 12.5-1 (5) Activities prohibited in parks; enforcement of the City of Edgewater's Code of Ordinances. Special Magistrate Schumer upheld the Trespass Appeal. " 3. PURPOSE/PROCESS OPENING STATEMENT None at this time. 4. SWEARING IN OF WITNESS(ES) The following individuals were sworn in: Robert Keller Property Manager for 707 W Park Ave.; Fire Chief Jeff Lariscy, Code Enforcement Officer Robert Hazelwood, Code Enforcement Officer Kevin Pogany, Code Enforcement Supervisor Miron San Miguel, and Fire Inspector Jefferson Humphrey. 5. DISCLOSURE OF EX PARTE None at this time. 6. ORDERS IN COMPLIANCE 7. NEW BUSINESS City of Edgewater Page 1 Printed on 1012012023 Code Enforcement/Special Meeting Minutes - Final October 19, 2023 Magistrate e. Case #: 23-119651 Citation #: 6203 (Hazelwood) Red-3 LLC - 707 W Park Ave. Sec. 10-98 Commercial Property Maintenance Attachments: 23-119651 23-119651 Photos Robert Keller admitted that the property was in violation, but is now incompliance. Robert Keller entered 4 pictures into Evidence Labeled Exhibit A to D. Special Magistrate Schumer did acknowledge that the property has been brought into compliance, and waived the Citation with the approval of Fire Chief Lariscy. p. Case #: 23-119490 Repeat Citation #: 5518 (Hazelwood) Marshall James - 2217 India Palm Dr. Sec. 10-80 Outdoor Storage Attachments: 23-119490 Gregory Schwendeman representing Zuba Guardian Care presented the case. He stated the they are working on resolving the issues at the property, but is not in compliance. Special Magistrate Schumer upheld his original Order and the Order Imposing Daily Fines with the recommendation of bringing the property into compliance and requesting a reduction of the liens. Special Magistrate Jacob Schumer reviewed the below 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 CII 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 Jacob Schumer finds the below properties in violation of the said Sections) and orders the staff recommendations. a. Case #: 23-119299 Citation #: 3599 (Pogany) Carlos J Abreu-Rondon & Carolina Abreu - 1855 Coco Palm Dr. Sec. 10-83 Neglected Premise Attachments: 23-119299 23-119299 Photos City of Edgewater page 2 Printed on 1012012023 Code Enforcement/Special Meeting Minutes - Final October 19, 2023 Magistrate b. Case #: 23-119632 Citation #: 6226 (Humphrey) William A Bloomhall - B-6-735 Air Park Rd. Sec. 21-210.02 Adoption of the 2020 Florida Fire Prevention Code Attachments: 23-119632 23-119632 Photos C. Case #: 23-119608 A Citation #: 3598 (Pogany) Patrick Huetten - 2904 Orange Tree Dr. Sec. 10-83 Neglected Premise Attachments: 23-119608 23-119608 Photos d. Case #: 23-119608 B Citation #: 3598 (Pogany) Patrick Huetten - 2904 Orange Tree Dr. Sec. 10-80 Outdoor Storage Attachments: 23-119608 23-119608 Photos f. Case #: 23-119653 Citation #: 6205 (Hazelwood) Revenue Properties Florida Shores LLC - 1828 S Ridgewood Ave. Sec. 10-98 Commercial Property Maintenance Attachments: 23-119653 23-119653 Photos g. Case #: 23-119666 Citation #: 6202 (Hazelwood) David Boyette - 147 Wildwood Ave. Sec. 10-5 Nuisance Generally Attachments: 23-119666 23-119666 Photos City of Edgewater page 3 Printed on 1012012023 Code Enforcement/Special Meeting Minutes - Final October 19, 2023 Magistrate h. Case #: 23-119672 Citation #: 6227 (Humphrey) 3050 Holdings LLC - 2970 S Ridgewood Ave. Sec. 21-210.02 Adoption of the 2020 Florida Fire Prevention Code Attachments: 23-119672 23-119672 Photos i. Case #: 23-119762 Repeat Citation #: 5243 (Hazelwood) Marilyn McAtee - 2106 Umbrella Tree Dr. Sec. 10-402 Alternate Method of Enforcement Attachments: 23-119762 23-119762 Photos j. Case #: 23-119831 Re -Occurring Citation #: 5244 (Hazelwood) Paula M Ptaszek - 1432 Travelers Palm Dr. Sec. 10-98 Property Maintenance Attachments: 23-119831 23-119831 Photos k. Case #: 23-119850 Jennifer Goodrich - 307 Sea Hawk Ct. Sec. 12-2 Trespass Warning (Parker) Attachments: 23-119850 - Redacted 1. Case #: 23-119852 A Citation #: 6206 (Hazelwood) Fair Value Homebuyers LLC - 103 S Flagler Ave. Sec. 10-5 Nuisance Generally Attachments: 23-119852 23-119852 Photos City of Edgewater Page 4 Printed on 1012012023 Code Enforcement/Special Meeting Minutes - Final October 19, 2023 Magistrate M. Case #: 23-119852 B Citation #: 6206 (Hazelwood) Fair Value Homebuyers LLC - 103 S Flagler Ave. Sec. 7-1 Inc. Florida Building Code Attachments: 23-119852 23-119852 Photos n. Case #: 23-119855 Repeat Citation #: 5112 (Pogany) Carlos J Abreu-Rondon & Carolina Abreu - 1855 Coco Palm Dr. Sec. 10-402 Alternate Method of Enforcement Attachments: 23-119855 23-119855 Photos 0. Case #: 23-119899 Repeat Citation #: 5113 (Pogany) Louis J Schiro Est. - 21 Kingfisher Ln Sec. 10-402 Alternate Method of Enforcement Attachments: 23-119899 23-119899 Photos & ADJOURN The meeting adjourned at 2:17 pm. Minutes Respectfully submitted by Kathleen Capetillo City of Edgewater Page 5 Printed on 1012012023