Code Enforcement/ Magistrate - Special Meeting

First order of business, I will approve 02/12/2026. A minute. Hey. Good afternoon. Welcome to the City Of Edgewater code enforcement hearing.

My name is Ryan Knight, and I'm the special magistrate for the City Of Edgewater. These hearings are open to the public under Florida's government and Sunshine Law. Procedures of this hearing are that due process is emphasized to each respondent and to the city in accordance with Florida Statute 162.07 subsection three, which states, formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay is admissible, but only to support other competent substantial evidence. Any decision made today may be appealed by sending notice of appeal to the circuit court within thirty days of the execution of any order.

The city of Edgewater will present its case first as it has a burden of proof. Afterwards, the respondents will have an opportunity to respond. At this time, please silence all cell phones. And if you will be offering any testimony, please stand and raise your right hand. Do you swear or affirm that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth? Okay. The first case, case number 26Dash114.

We

have a citation here. My understanding is that the citation is going to be dismissed. Okay. Sir, are you Mr. Counsel? Yes. Okay. So the city has dismissed your case. I do have a copy of the citation being dismissed that you can come and pick up from the clerk.

Okay.

Unless you don't want it dismissed. Okay. Next case, case number 25Dash122710A and b.

Good afternoon. My name is Myron San Miguel. I am the supervisor for the City of Edgewater. This property is 502 Portside Lane in Edgewater, Florida. Charles Hewitt and Linda Schumann are the listed property owners.

The property was identified to have enclosed a carport without a permit by a previous owner. The challenge that this property is facing is that the frontage of the driveway has now since been reduced, also causing a secondary violation from the carport being enclosed for parking to block the sidewalk at times. The current property owner has been working diligently with a general contractor to finalize plans and submit them to development services at this time. The last request for corrections was from September 10, and it stated it needed to stamp plans, so the plans will need to show required dwelling garage separation. However, yesterday, a permit was finalized.

This original one was withdrawn. The secondary permit was finalized with all of the engineer drawings and what was requested, and it was reviewed. However, it is still waiting a building final. So therefore, at this time, initially, it was going to be brought into full compliance, but it's not. It's still waiting a building final, and it's still in violation until that's done.

I don't foresee an issue with that. I think it's just a timeline thing. So I'm not going to request daily fines at this time. However, because of the length of time it took to get there, and the hindrance that it caused some of the neighboring properties with the sidewalk being blocked, I am going to request that we uphold the citations, two citations at $75 each. One for the no permit with the request for corrections not being done in a timely manner to satisfy that beyond the date of NOSA violation, and the 10/02/1984 for parking across the sidewalk.

At this time, I went by today and they are not parked across the sidewalk. So again, that one is also going to be in compliance. Step back, I do realize I'm also presenting both of this a and b together as one. Is that a Okay.

That's fine. I called it

as one.

I should

have stated that. Apologize. No

problem. So for the A case, the property is not currently in compliance, but you anticipate it being in compliance. Is there a date you want to give for that?

We can do thirty days.

Thirty days?

So the first of next month, whatever that is. Less than thirty. It shouldn't take more than that. By the first of next month, the building officials will be out there and go through it.

Sir, are you here for the respondent? Yes. Okay. Can you please come up to the podium?

Do you want me to bring

you my tea or are

you Okay to walk up?

No, I'm Okay. It just takes a little bit.

Take your time.

Okay, sir. What would you like to say?

They're supposed to come they're supposed to come out tomorrow morning and do an inspection on it.

Is there any other testimony you wanna give or anything regarding these, violations?

No. In in the beginning, we didn't even know about it. There was a woman who lived next door, but when we moved in, she wasn't even there. So we didn't find her for months later. In the meantime, I had bought a pickup truck. And I was just saying, and the truck is pretty big. So I was blocking the thing with the truck because we had loaded, flooring material in the garage, so we couldn't park in the garage.

Are you able to park in the garage now? Because

Not till they get done with the inspection.

When they're done the inspection,

they'll be able to. Because I saw

you parked in the road too. I don't want you to fix it.

No. Well, the the association told me to put it there Mhmm. Now. For now because I took all the siding off so they could see that it had a firewall and all that on there. Yeah.

I mean, it should be noted that he he wasn't the original owner who started this process. Unfortunately, he just inherited it. And he we've been working together well. It was just more of a

Yeah. I got sick. My wife got sick. And I fell down. She fell down. It's been a crazy thing for the past few months.

Sounds like it. Okay. Anything else, sir?

No. That's it.

Okay. Based on the testimony and evidence presented in case 20Five-one22710, find that the respondent is in violation of City of Edgewater's Code of Ordinances as listed in the notice of violation and or citation filed in this matter. Consider the gravity of the violation, any actions by the respondent to correct the violations, and any previous violations. I find that the respondent shall be subject to a citation fine in the amount of $75 in both cases a and b. This time, there will be no daily fines in each of those cases.

In case 20Five-one22710, which is the permit required, I will order that the property be in compliance by 04/01/2026. It sounds like you do have somebody coming out there or that this should be done pretty quickly. So don't anticipate that to be an issue. Is there anything else?

Nothing further from the city. Okay. All

right. Thank you, sir.

Thank you. Thanks for waiting And then you have all my contact information. If anything comes up or you need anything, just call me.

All right. What's that?

Is there more for a magistrate today?

Nope. That is it. So we will adjourn the meeting.