Code Enforcement/ Magistrate - Special Meeting

Roll call.

We'll just cut Ron. Myron Sam Miguel, supervisor for code enforcement animal control.

Officer Hayes with city of Edgewater code enforcement.

Officer McLaughlin, city of Edgewater code enforcement.

Thank you. Next on the agenda, the approval of the minutes. The April 10, twenty twenty five minutes are hereby approved. At this point, I'm going to give an opening statement. So if you're here presenting a case, please listen carefully.

My name is Ryan Knight. Welcome to the City of Edgewater Code Enforcement Hearing. I serve as a special magistrate for the City of Edgewater. These hearings are open to the public under Florida's government and the Sunshine Law, and today's hearings are being conducted pursuant to the Sunshine Law. The procedures of this hearing are that due process is emphasized to each respondent and to the city in accordance with Florida Statute Section 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 execution of any order. The City of Edgewater will present its case first as it has the burden of proof. Afterwards, respondents will have an opportunity to respond. At this time, please silence your cell phones. If you are here today and going to present evidence or testimony, can you please stand and raise your right hand? Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?

That's correct. You may proceed. I'm officer Jacob McLaughlin. This is case 20Five-one20One-nine82. This covers citation numbers 804, 805, and 806. The property address in violation is 104 North Park Place, Edgewater, Florida 32132. The owner is Nextress LLC. On 03/03/2025, Supervisor San Miguel instructed me to inspect 104 North Park Place for violations. Upon inspection of the property, I identified various violations on the property. The grass and weeds in the yard exceeded 12 inches.

There was trash in the yard. There was junk and appliances stored outside. The garage door and patio door were missing. The roof, walls, and flashing were rusting and falling apart. The front doorway was peeling. The windows and window frames were in disrepair. The fence in the backyard was damaged, and the awning in the rear of the property was falling apart. I attempted to make contact, but no one was home. A notice of violation was posted and mailed on 03/04/2025 with a due date of 03/20/2025. I reinspected the property on 04/01/2025 and saw no attempt to correct the violations as well as the notice of violations still posted on the front door.

Three citations containing seven violations were issued on 04/02/2025 and posted and mailed. I reinspected the property yesterday on 05/07/2025 and identified that there was a dumpster in the driveway filled with debris. The junk and appliances that were stored outside as well as the trash in the yard were removed from the property. All notices and provisions of chapter 10 article 27 have been complied with. The citations for ten ninety eight property maintenance and ten eighty three neglected premise were deemed repeat offenses.

However, the property changed owners on 11/04/2024. Since there are new owners, these violations are not repeat offenses and citations have been adjusted from $150 to $75 each. Staff recommends a $75 citation for each of the listed violations. Regarding daily fines, upon reinspection on 05/07/2025, it was identified that the property was now in compliance with ten forty two, allowing of debris nuisance, and ten five subsections one and four, outdoor storage and debris. Staff recommends no daily fines for ten(forty two) and ten(five) subsections one and four.

If the remaining violations are not corrected by 05/18/2025, staff recommends daily fines of $250 per violation for every day that the violation is not in compliance. Remaining violations include ten ninety eight property maintenance, ten eighty three neglected premise, ten two thirty windows, skylight, and frames, ten two twenty four roofs and drainage, and 10,207 accessory structures.

There anybody here for the respondent? Board the Directors quarter of of of of over 19. Violator. I I would order that the respondent correct the violations on or before 05/18/2025. And those violations include a violation of Chapter ten-ninety ten-ninety eight, eight, Property Maintenance Chapter ten-eighty three, Neglected Premise Chapter ten-two 30, Window, Skylight and Frames Chapter ten-two 24, Roofs the the other other other citation.

Hand, If the respondent does not comply with this order, a fine in the amount of $250 per day per violation will be imposed for each day of the violation of city's past 05/18/2025. The respondent is ordered to contact the code enforcement officer for compliance and to arrange inspection of the property to verify compliance with this order. Additionally, I find that the citation amount of $75 for each of the listed offenses, respondent shall be subject to that and she'll pay that to the city. Next case, case number 20Five-one22025.

Good evening.

Good afternoon.

Annette and Cam Buzianas is the owners of the property located at 115 Francis Drive in Edgewater, Florida. It's been found in violation of section ten two thirty nine temporary storm protection for the city of Edgewater's code of ordinances. On 03/11/2025, Wild Wild Patrol observed the list of location and have storm shutters on the residence. Courtesy letter was issued with the correction date of 03/21/2025. On 03/24/2025, we conducted an inspection, noted no change or attempt to correct the violation.

As a result, a notice of violation was issued and posted to the property, mailed certified with the correction date of 04/03/2025. On 04/03/2025, I conducted another inspection. No attempts to correct the violation was noted. Citation zero six three three was subsequently issued for the offense. It was posted to the property, sent certified mail to the owner, and posted at city hall.

All notices and provisions of chapter 10 article 27 have been complied with. On April 1425, I believe, I don't know if it's one of the Buzianas' called to request a new hearing date because she felt the time interfered with her night shift work schedule. After explaining the dates and time, she stated she will not change the date and show up on the date schedule. As of yesterday, on a reinspection, at least from what I could see, there were still six shutters closed on the residence. Staff recommends a special magistrate fine in that Buziennais in violation of section ten two thirty nine temporary storm protection, other court ordinances and assessed a citation fine of $75 It has also requested that a $100 a day daily fine be added if not corrected by 05/18/2025.

Is there anybody here for the respondent? All right. You may come up. You wish to say something or present any evidence. If you have documents, I'll be happy to take a look at them.

Actually, pictures.

Okay. Are they the pictures that were included in the agenda packet or are they pictures that you took?

I don't have an agenda packet.

Okay. So do you have any pictures? I'd be happy to take a look at them.

Okay. I do have other residences. Correct. Okay. Name is Cambusianus, not Annette. Annette is my mother who has passed away for a couple of years. And I am the owner of the residence. I do have storm shutters, as you can see. The picture you're looking at, the side window there, that is my garage. Okay?

The back door that's to my garage, that's left open. The wall that's looking at us that's facing north, that actually is just all windows. My door's on my back door's on the front. It is open. I only have the shutters on two solid walls of my Florida room to keep the sun out because it's very hot. And I do work night shift. Shift. I work six to six, 02:00. Yeah. I did. I asked if I can have another time. It's unreasonable. He says, but if you work night shift, 02:00 shouldn't be a problem. Okay. That's my bedroom.

I sleep during the day. I need it dark. I'm sorry. I need it. With all the outside noises, sleep deprivation can be very much crucial to my job. That's the front door, which is open. Of course, the violations, I kept them. And do you want to see the pictures of the residents?

If you have any pictures you'd like to show me, I'd be happy to take a look

at them. Oh, that's fine. Yeah, that's fine.

Thank you.

Oh, wait. I'm sorry. I have two more. Thank you. So I know it's a fire hazard, but that's blocking your doors. I have the front door, the side door, the garage door. I have a window in the back that's also accessible. But I also looked at other residences and businesses that have the bars that are actually screwed into it. So how far am I supposed to do that? Same way, mine just slide open. They're not electric. They just slide.

So the pictures that you gave to me, these are of other residences. Is that correct?

Correct. And one is actually Port Orange Fire Department. And they keep theirs down. I have a picture during the day and a picture at night. And it's not all the windows. It's probably the windows where they sleep.

Have you tried curtains?

I have blackout curtains. I have blinds. And I have that. Three. Yes. Absolutely.

You're correct. It is a fire hazard. And that is why that is written in the code. It is part of the code. So the code does state that within fourteen days after a storm, the shutters or whatever you have outside the window must be removed. So if you don't have any further evidence, I am going to issue an order imposing a fine giving you some time to correct it. If you don't correct it, then you will be subject to a daily fine. I understand that you have doors, but there's also a fire code that also addresses windows.

So what about the fire department?

They're not here before me today. That's a separate matter.

Yeah, separate.

Sort of like if you're an association and it's not selective enforcement, you're in front of me right so I can't say anything about anybody else or any other homes that may have shutters on them. They might have other code enforcement proceedings coming down the pike, but I don't know that at this point.

So can't so what happens if I take those side walls and actually make them just solid walls? What's the tell me the difference between having the shutters on a solid wall when those front and back doors that they're going to access anyways and front windows that are opened?

Well, the difference is that the code does not address that. The code specifically addresses windows and any type of weather shutters on there. So it is a violation of the code.

Okay. So then while the other ones should be fixed within a week or two, so it's not selective enforcement? They

would have to go through the process as well. So if there was other homes, then they would receive a notice of violation. And they would be before me or they would have a chance to remedy them within a specific time period. Okay.

I will continue this on because it's just I understand. But there's a fine line. And I was home all those times that he put it on. Missus Buziannis, I guess there's no public relations here. And I've been in the city of Edgewater since 'ninety one. And my home has been like that for almost twenty years.

I understand that, ma'am. But if you do not comply, then your home could be subject to a lien. I don't think you would want that. And the city doesn't want that. The city wants you in compliance with the code.

Okay. All right. So based on the testimony and evidence presented in case 20Five-one220205, I find that respondent is in violation of the of Edgewater Recommended Ordinances as listed in the citation. I have considered the gravity of the violation and the actions of the violator to correct the violation and any previous violations by the respondent, which are none. I order that the respondent correct the violation on or before May would like take question a session.

Resolution of of eighteen, twenty twenty five. The respondent is further ordered to contact code enforcement officer for compliance and to arrange an inspection of the property to verify compliance with this order. Additionally, respondent is subject to the citation, fine in the amount of $75 Ma'am, please try to do what you can to get this resolved because, like I said, you don't want to have lien on your property. And it's important that once you do take down the shutters or remove them, then you contact code enforcement so a lien does not start accruing on your property. Do you have any twenty quarter thousand and twenty nine.

Respondent is Edgewater Asphalt Plant LLC. Is there anybody here on behalf of Edgewater Asphalt Plant? I'll have the city present their case, then you'll be able to come up and present your case.

Good afternoon. My name is Myron Sam Miguel. I'm supervisor for Code Enforcement Animal Control. This is in reference case 25Dash122029 under citation 0026. Property address in violation is 427 Timiquan Trail in Edgewater, Florida 32132.

The owner is the Edgewater Asphalt Plan LLC. The mailing address is 5752 South Ridgewood Ave in Port Orange, Florida 32127. This case was opened up on 03/11/2025 from complaints of residents living on Oak Ridge Ave, Highland Ave, Wildwood Ave. These properties are adjacent to the east just beyond the railroad tracks of the Massey Asphalt Plan approximately 150 feet from the property line to the property line. The residents reported a public nuisance violation of dust, debris, and strong odors of chemicals and fumes coming from the Massey Asphalt Plant property.

Upon investigation, evidence was gathered to prove the residents' claims of dust and debris blowing from the asphalt plant property and into the adjacent neighborhoods. On several occasions, I met with the asphalt plant manager, Joey Gatz, and both Joey and I agreed that there is indeed dust and debris blowing from the property and into the neighborhoods. To date, the plant has started to spray water to mitigate the dust blowing on the ground. They are also working on putting in a well that will give the plant enough water pressure to continue to wet the asphalt at the crusher location, which has been presumed at this time to be the primary reason for the debris. There has been positive communication and cooperation from the plant throughout this entire investigation.

A notice of violation was issued on 03/18/2025. A citation was then issued on 04/11/2025 at a meeting with the plant manager, the plant owner, and the supervisor and director of coenforcement. At this meeting, a plan of action was discussed that we believe will resolve the nuisance violations of debris and the strong odor fumes. The plant has an annual EPA testing done that they have passed. They have never failed an EPA testing.

The debris is noticed more during dry conditions than wet conditions, so we believe the weather is a strong factor in some of this. The violations are affecting approximately 36 homes to the east of the plant. All notices and provisions of chapter 10 and article 27 have been complied with. The city requests a citation of $75 to be levied. A check and reveal of that today shows that they have since paid that.

We will request daily fines of $250 per day if the violation continues past 07/01/2025. The city has, with us today two residents that I would like to call individually to testify to some of these issues going on out there as they have been some of the primary complaints and brought up some of this to the city. The first one is going to be Mr. Darwin Allen Rothbone from one hundred thirty one Highland Ave.

And sir, you were previously sworn in, correct?

Yes. Thank you. Yes, I was.

So Mr. Darwin, if you could just speak to some of the issues that you've had out there that you've explained to me and go into detail as to some of the things that we've spoken on in reference to the asphalt plant.

Yeah. I've lived in Edgewater my whole life. My grandfather built the house in 1970. It's been a quiet neighborhood, had no problems there. Recently, we've noticed, because I work a lot of hours, after COVID, I've spent more time at home.

The floods there, we're seeing all the dust and stuff accumulate on our houses, our roof, our vehicles. The damage is starting to become evident now years later of all this combined nonstop over and over. We got dogs during COVID. So you go outside with your dogs, you can't even breathe. When you go outside, the fumes and the smells will burn your eyes, your throat, and you come back in, you're coughing.

You're just having constant problems. So I go out and look at it in a light at night and you can see all the dust particles just blazing through the air at night. We realize all that we're breathing in our lungs. It's it's evident from all of it laying on our vehicles. When you go to wash a vehicle, the next day, it's covered. You can't just wash it off. It's asphalt. It's actually adhering to the vehicles being baked on. Now that's also on my roof. It's on every piece of property we have there.

This is becoming a very bad health issue. A lot of people are now realizing children can't even go outside and play because they're having health breathing problems and being diagnosed with environmental asthma and everything else. So as we're going through this, we're realizing more of the problems this has created and causing us long term effects.

I do see there are some photos, looks like, of some cars covered in some type of material or dust, asphalt, whatever it is. Have you noticed or in the prior years, have you noticed any of that? Or is it something that's been occurring more recently?

Yes. Yeah. We noticed some dust landing on the vehicles and at the beginning thought it was a nuisance called code enforcement. And they came out and didn't do nothing in the past. Like I said, we work or I work a lot of hours, so I leave at dark, come home at dark, go inside my house, close the door. Don't notice it until the next morning when I come back on the vehicle. But because of COVID, now I'm spending more time outside trying to take my dogs out to throw and stuff. And now, you know, you're not inside protected by your home. You're outside trying to enjoy your property, and you can't because the fumes and everything else coming from the asphalt plant is so strong, it's burning your eyes, your throats. It's causing issues.

Chantelle, could you please find the photo that shows an overlay map view of the property? I believe there were three that were submitted today. Mr. Rothman lives about 700 feet from the asphalt plant. He seems to be the farthest home that I've been able to identify that's being affected by some of this.

They were the three new

ones added to the case.

So do you have anything to add in reference to the fumes and the smells and things of that nature?

It's extremely noxious. It makes you You have problems breathing, number one. People get headaches. I've experienced it. Like I said, your eyes start to water. I don't know what's all in the fumes. I know you can smell it, what asphalt smells like, and that's what it is. We can see it pluming up out of their plant at night. When when the lights were facing on it, you could see all the steam and everything else going up, carrying these fumes up into the atmosphere. And it's coming back down and landing all on our stuff.

It's just ungodly that we have to deal with this and can't enjoy our property because someone's not doing everything they can to run a business like they should and contain everything on their own property. It would be like me going to their backyard with a tree chipper and running asphalt through it while they're trying to have a party out back and spraying chemicals in it. It's not something you do and push on someone else's property. If you keep it on yours, that's one thing. You let it come into ours, it's taking away from our enjoyment of our properties. And we can't even go outside, let alone the damage to the property.

All right. Thank you, sir.

And lastly, we'd like to call

Ma'am, you were previously sworn in, correct?

I sure was. Thank you.

I apologize for my battery died. If you can just talk to some of the same issues and problems that you've been having out there.

Sure. No

problem. I purchased my home two years ago, March 31. I have two children that live in the home with me. I am directly behind this company. So when I first moved in, I didn't realize what I was moving behind. There were a lot of debris, a lot of things coming out of the air. I was coming out at night. My car was covered. My yard was covered. Inside of my home is full of dust, debris. It's coming through my air systems. As time proceeded and I continued to live here, I started to realize the fumes in the air were very strong. My eyes were burning. My ears were burning. My nose, my throat, my children were coughing.

My daughter was breaking out with rashes all over her body. I was breaking out with skin rashes. We were getting up in the morning to get ready for school. My house would be full of fumes. So when I would get up and awaken in the morning, I would come out, and I could smell I would go out the door to take her to school. It would take our breath away. My children cannot play outside. They cannot my daughter loves basketball. She loves her yard. I can't even allow my children to go enjoy their home that I'm paying for monthly to keep a roof over their head.

I don't know what can be done at this point, but the value of life and what we're experiencing over there is just not right. I have neighbors that are sick. They're diagnosed sick. I have other children in the neighborhood that come to play with my daughter that are also sick with the same problems of asthma. We can't have cookouts. We can't have family over. We can't enjoy our yard. We can't sit outside. You can't be out there if there are smoke plumes and fumes are going up. At night, it starts about 09:30, 09:00.

Nighttime runs straight through the night. If you go outside, you can't breathe. And I don't know what to do in this manner when I'm just trying to provide a home for my kids and they can't even enjoy their yard. My daughter is just recently diagnosed with asthma. She's seven. We had none of these problems until we moved into 157 Wildwood Avenue.

Thank you, Ms. Angela. Thank you

very much. Lastly,

from the city, they have agreed and discussed some mitigations in order to I guess there's some sort of chemical or smell, and I'm sure they can speak more to it, that will change the way it smells. Part of this is, right, wrong, indifferent, going to be some trial and error to see if some of the mitigations that they've done actually work and have taken effect, which is why the city is requesting till July 1 before any sort of daily fines would be considered. Thank

you. Is there anybody here for Edgewater Asphalt Plant? Please come up. You all were previously sworn in as well, correct? Yes. All

right. So I'm Leticia Massoferra.

If you would like to give them to me, then I'd be happy to take a look at that. Thank you. Okay. As far as the putting in the new well, what's the time frame for that? It is installed?

Okay. What's the time frame for that if you know? Okay. The city is

And

to 20 the then, contact the city and let them know. Just give them an update on where you're at with the sprinklers so they're aware you might be able to work something out so they don't bring it in front of me again. So just keep an open line of communication with them, please.

As

far as the fumes, she briefly touched on it. We're around that plant twelve hour shifts. None of us are sick. None of us have asthma issues. We have eight people that work in the lab department who are hands on. They actually break the material down. They burn it off. None of them are sick. I have one employee that lived in this neighborhood directly behind us. That neighborhood constantly floods.

They moved because their house had two foot of water in it during this last hurricane. Would suggest maybe having their houses tested for mold. Because I don't feel none of my people are sick. And I've worked around these plants for thirty three years. I don't have health issues.

I'm not no scientist. I'm not a scientist. But I don't believe our issues at that plant is causing their health issues. But we do have practices in place that will help with the dust. We've got some options to put into our tanks to change the way it smells. And we'll just have to go forward.

And for the record, what you handed me was three reports. First one is from Beatty Environmental Bank of The second one is from the And the third one is from the Environmental Services, Inc, dated 08/24/2024. These are all reports that are transmitted to, FDP?

Correct. Yeah. They're the ones that do our stack test.

Have you ever had any issues with FDEP or any violations or No. Anything like

They do show up randomly.

So what I have before me is be the right to And twenty twenty five-one hundred twenty two thousand and twenty nine, I find that respondent is in violation of the City of Edgewater Code of Ordinances as listed in the citation. I consider the gravity of the violation and the actions by respondent to correct the violation and any previous violations by the respondent. I order that the respondent correct the violation on or before 07/01/2025. In order to correct the violation, respondent shall take the remedial 20 The of I'm to The take courtroom. Take I'm citation in the amount of $75 which has been paid.

So there is no further action on that. Like I said, just keep an open line of communication with them. Let them know if you need more time. I appreciate it. Thank you.

Next case, case number 20Five-one22097. The respondent is Tristan and Jordan Is there anybody here for the respondent in that matter? You may proceed, sir.

Tristan and Jordan Thevenot are the owners of the property located at 1842 Evergreen Drive in Edgewater, Florida. It's been found in violation of section seven dash one zero five point one permit required of the city Of Edgewater's code of ordinances. On 03/26/2025, I received a complaint from, Kevin Pogany, former code enforcement officer, that the list location was installed on the fence during the past weekend. I arrived and observed a fence at this location with fresh potholes dug. Search of the system indicated no permit had been obtained for the fence install.

Further search utilizing property appraiser overhead view also revealed this location never had a fence. A courtesy letter was issued with a correction date of 04/07/2025. On 04/07/2025, we conducted an inspection, noted no change or attempt to correct the violation as a permit was not applied or issued for the fence install. Notice of violation was issued and posted to the property, mailed certified with a correction date of 04/17/2025. On that date of 04/17/2025, I conducted another inspection.

No attempts to obtain a permit were noticed in the city computer system. Citation 0527 was subsequently issued for the offense. It was posted to the property, sent certified mail to the owner, and posted at city hall. All notices and provisions of chapter 10 article 27 have been complied with. Negative contact has been made with the property owners during this process. Staff recommends the special magistrate fine Tristan and Jordan Thevenault in violation of section seven dash one zero five point one permit required of the code of ordinances and assist a citation fine of $75 As of this time, the permit was issued and no daily fines are being requested.

Last call. Anybody here for the respondent? Record will show nobody is present for the respondent. Based on the testimony and evidence presented in case 20Five-one22097, I find that the respondent is in violation of the City Of Edgewater Code of Ordinances as listed in the citation filed in this matter. Considers the gravity of the violation, any actions by the respondent to correct the violation, and any previous violations by the respondent.

I

I Murphy next

been that's found in violation section 10 dash four zero two alternate method of enforcement of the City Of Edgewater's code of ordinances. On 04/10/2025, while on patrol, observed the unkept property with grass and weeds in excess of 12 inches location. Due to repeated violations, citation zero six three four was subsequently issued for the fence. It was posted to the property, sent certified mail to the owner, and posted at City hall. And a notice of violation for the property maintenance violation.

Abatement was issued with the correction date of 04/20/2025. It was posted to the property, sent certified mail to the owner, and posted at city hall. All notices and provisions of chapter 10 article 27 have been complied with. Staff recommends special magistrate Ronald Fox in violation of section 10 dash four zero two, alternate method of enforcement of the code ordinances, and assess the citation fine of $150. No daily fines are being requested due to the abate abatement being issued.

Last chance. Anybody here for the respondent? The record will reflect nobody is present for the respondent. Based on the testimony and evidence presented in case 20Five-122156, I find that the respondent is in violation of the City Of Edgewater Code of Ordinances as listed in the citation filed in this matter, considering the gravity of the violation and the actions by the violator to correct the violation and any previous violations by the respondents. I order that the respondent is subject to the citation in the amount of $150 There will be no further compliance or daily fines for this matter.

Next question. The I'm you may a proceed.

On 04/07/2024, the Edgewater Police Department responded to 1701 South Riverside Drive for, an alarm. They determined that the alarm to be considered a false alarm. And the city clerk's office subsequently determined that the alarm was not registered to the current owner or occupant pursuant to, chapter 12 of the code of ordinances. On 04/15/2024, a letter was sent to the property owner advising them that they needed to register the alarm. And if it was not done so within thirty days, there would be a $50 fine imposed.

And if that was not paid, then Aileen would be filed. So on 06/14/2024, a lien was filed on the property. And a couple of weeks ago, the property owner came to my office to dispute it. And this is where we dispute

understanding is that section of the code has since been repealed. Is that correct? Or since been amended?

Correct. Registrations are no longer required. That was effective 09/09/2024.

Mr. Kayat, would you like to come up and tell me what you'd like to say?

Three months after, apparently, put my lien on my house, they did away with the law.

Anything else, sir?

No. I

do see a letter in here. I don't see a certified mail return receipt or anything like that. Does the city send these letters out? Certified mail return receipt?

We do not. The alarm program was instituted in 1994 and the code requires us to send by regular mail.

Can I say one more thing?

Yes, sir.

You know, I've got an alarm company that we pay to do it. They should be getting us the registration. Alright? I mean, all fairness, if you get paid for an alarm company, they should be saying, hey. Okay. You gotta certify this. You gotta do this. Here's the forms. Go down the city. You don't even do it.

And your alarm company did not provide you with that information?

No sir.

What I'm seeing right now is that the total amount due is $78.06 Is that correct?

That should be, yes. Okay.

All right. So the city code at the time this was issued did provide for the registration of the alarm system. You were required to do that. Whether your alarm company should have told you about that is another issue. They probably should have. But in any event, it was a co provision at the time. So I am going to order that you do pay the outstanding fine. Right now, have a lien on your property. Once you pay that fine, there should be a release of lien filed.

Where do I pay the fine?

So you can just go to, I believe, just to the city probably city clerk's office.

Would be at City Hall.

City Hall.

I tried doing that. I just sent it to clerk's office. I went there to pay the fine. Then they said, oh, you've got to go online to do it. My wife went online trying to do it even, all right, to pay it. And you can't it's like she couldn't find it. The website, but she can't find how to pay the fine. You know, we pay a lot of taxes in this town. I pay a lot of taxes, especially where I live. You know? And they get fined for having the police show up my house. One morning, I had came outside, and my car is being broken into. You know, we live right on Riverside Drive. It's all the riffraff coming in from the river and everything. I get people sleeping on a bench.

I put a work on bench beside my house. I called the city, say, you need to get rid of that. How many times I come home, there's bums sleeping on it. At night, their baggage is all there. And it's the same spot where the kids go for a bus stop. I have no problem paying the fine, but the city needs to be reorganized starting at the top.

All right, sir.

And how do I pay this fine? I want to pay

walk over there and pay it right after this?

The reason they probably did not accept payment is our finance department. When there is a lien on a property, they require a lien payoff from Orange Lien that gives them the total exact amount of money due. So that would have to be obtained. Then I don't see why they would not accept the payment, and then we would satisfy the lien.

Can I pay it at the city? I'll go pay it right now. She can walk over. I'll pay the fine, and they can take care of getting it released. That's fair. Come on. I'm trying to pay the fine. I want to get it removed. Either that or just remove it.

Let

her explain to you what you have to do or what the process is.

So in order for our finance department to take payment on a lien, they require a lien payoff from Orange Lien that gives them the total dollar amount owed, gives them the book and page number of the liens and all of that. Once you obtain that, then you can take that over to City Hall or mail it in and make the payment.

But that changes every day. It's got interest on it. It's compounding interest, all right?

It'll go from the date

dollars point

It'll go from the date

to $77.08. 8. It's like this is a vicious circle. I could go get this. By the time I go get the payoff amount, I go back. The next day, it's different.

So sir, it could be a few days. Right now, what I'm showing is that the interest on it is $3.56 So try to get that done as soon as possible to avoid that, to avoid it incurring any more interest. So you heard what you have to do.

Yeah, I got to go online. Orange County Lien.

Orange Lien. Orange Lien. Correct.

Find the payment amount and bring it down. If I have any problems doing this, where do I turn to?

As far as the lien payoff, you can contact our finance department.

I go to the finance department. Correct. All right. Thank you very much.

You have to contact them and request a lien payoff from them. It's not available on their website. You to request it online from them. The city doesn't contact Orange Lean.

All right. Thank you. So based on testimony and evidence presented in case 20Five-twelve216, as far as contesting the alarm lien, the appeal is hereby denied for the reasons that the code of force or the code at the time did provide for the registration of the alarm and that the respondent admittedly did not register his alarm. Therefore, the appeal is denied. Ent in that case?

Last name Maynard. You can remain seated or stand up if you want to. The city will present their case first and then you'll have a chance to respond to it.

Good afternoon. My name is Myron Samiguel, code enforcement supervisor for City of Edgewater. This is gonna be in reference case number 25Dash. Oh, okay. I'll try to speak louder into the mic, ma'am. This is gonna be case number 25Dash122174 for citation 0028. The property address in violation is 3332 Woodland Drive in Edgewater, Florida 32141. The owner is Glenna L. Maynard. Mailing address is the same, 3332 Woodland Drive, Edgewater, Florida 32141.

This code case started on 04/18/2025 after patrolling and seeing that the property has fallen back into noncompliance as a repeat violator for outdoor storage and inoperable abandoned wrecked vehicles. This property has a history of the above violations within the past five years. There have been six cases total since 01/28/2022 for the following violations. Inoperable abandoned vehicles, six violations. Trailer storage, one violation. Parking in a residential area, one violation. Parking in the right of way or the easements, one violation. Accessory structures, one violation. Outdoor storage and debris, two violations. Outdoor storage of a residential area, five violations.

Nuisances, generally, two violations. Presidio Edgewater Code of Ordinances Chapter 10, Section ten-three 45, Subsection Repeat Violators, a code enforcement officer does not have to provide a repeat violator with a reasonable time period to correct a repeat violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found to exist or if there is a reason to believe that the violation presents a serious threat to public health, safety, or welfare or if the violation is irreparable or irreversible. It is the position of the City of Edgewater that the property poses a health and safety risk and detriment to the surrounding property values in the area. The property has fallen back into a junkyard like state. The city is asking for the levied amount of an immediate daily fine starting from April 18 per violation for the violation of ten-one 113 inoperable wrecked vehicles and $500 for ten-five subsections one and four for outdoor storage and debris, totaling $1,000 per day that the violations continue to exist on the property.

These fines to date total $20,000 The property is currently still in noncompliance. All notices and provisions of Chapter 10, Article 27 have been complied with. The citation amount of $150 per violation, we are requesting that be levied totaling $300 and again, the daily fines per violation, dollars 500 per violation per day beginning from April 18 moving forward. Chantal, if you could please go to some of the photos. I believe there's also an overlay photo.

So unfortunately, the city's worked with these residents in the past, and they have fallen back into noncompliance. We have been to special magistrate prior with the finding of fact for these violations. That, to date, is about as accurate of a photo that we have other than the daily photos from the front. As you drive by the home, you can see all of the debris and things from the side fence area. However, of course, with a privacy fence, we cannot see directly straight into the backyard. This is an updated photo, I believe, as of January. And again, this is a history of issues and problems at this house. That's kind of where we are.

I did.

Alright. Mister and missus Maynard, would you like to say anything or present any evidence in this matter?

Okay. I hardly hear what he said, but it looked like he had a long list of violations there. They were there not too long ago and everything was cleared up. Since then, there's been a lot of things that's going on at the house. A lot of things my husband plants things.

So he's got these out there to plant trees and vines and stuff like that that we use for health purposes. His mother passed away that we've taken care of for the last sixteen years or so that was a 100 years old. So we had a lot to do with her care. In fact, we did everything for her care. So a lot of things got put us to the side while she was sick, and then she passed away on December 3.

For the first four months of January through April 15, I do a little bit not a little business. I'm really busy during that time, so I didn't have time to do a whole lot. But my husband is blessed to have a mind that takes care of a lot of things, he fixes a lot of vehicles and things like that, whether it's for us or our family or who it is. We understood that the things that are in the backyard, as long as they were covered with a fence, that we were fine on that situation. I hate junk as much as anybody in the whole world, and you can ask him about that.

So we've been on he's been on trying to clean this up. A lot of this thing on this trailer here, he had a vehicle that Myron wanted to be moved and we were moving it and somebody come along and bought the vehicle and it was loaded with this junk. So we took it out. There wasn't any place to put it except on this trailer on the ground. So we're trying to get the stuff on the trailer to get it to the junkyard and along with the other things. Now since he's been there, there's been we've moved the motorcycle that he's kinda got stuck with, and we've moved one of the cars out of the way so he didn't and pardon?

Wagon was in the last

picture. Picture. Okay. And there's been several things that have moved now. We are 82 years old and we are a little bit slower than most people because we get tired more easily than most people that are 30 years old. So that's one of the reasons. But we are constantly working because he's got things in the garage. This stuff was coming out on the trailer, and then, he bought some shelving to put in the garage so he could take most of the his possessions. And a lot of this stuff looks like junk to people, but it's absolutely not junk. We have raced for years, and there's a lot of expensive items that he wants to keep.

So all I can say is we're try doing our best to keep this cleaned up. His as I said, his mother's passed away. I've been plagued with a few health problems here lately, then usually I don't have any health problems, but they seem to think that somebody my doctor seems to think I had a heart attack somewhere in this mess. So that's it. We are in the process of taking care of this. And I hate junk.

May I say something?

Yes, sir. And

I

think to

first

we've do able

go through the next few

named Dennis And Fisher that worked for the city of Edgewater. And he said, Walter, if you have a fence up around your property, then what you put behind that fence, unless it's a criminal thing, is not a problem. Dennis has since retired. Very easy man to talk with.

So the picture that's currently on the screen is from 05/04/2025.

Right.

I know your wife said you like to plant stuff, but it looks

like You see the trailer that's on there? Of that The stuff trash

and buckets and motorcycles.

All the stuff that's on the trailer is gone. The BMW motorcycle is gone. There was at one time, there was a minivan on there the last time I had a civil conversation with Myron. And I told him, Myron, I'm getting rid of this stuff. He he didn't bring it up. I brought it up. I'm getting rid of this stuff because my wife can't stand it. So we're getting rid of it. We got rid of the minivan. It had some things that were in there.

And I had taken them out. And I had told Myron the plan was to get rid of the minivan, get rid of all of the stuff that was no longer going to be used. And he said, Walter, you just need more space. And I talked about that with my wife. And we need more space. We've made the decision that we're going to clean this thing up one last time, sell the house and buy an acreage out in the country. We just my mom liked the place in town. It's the only reason we bought it. We've never lived in town before.

Well, it looks like you still have some room in the backyard. Can you move the stuff in the front to the backyard?

Can't get in the backyard. I don't want to move stuff from the front to the back and then have to move it again.

Then, sir, to be clear, the code that he's referring to is an outdoor storage code that talks about not being able to see it from the right of way. The intention and meaning behind that code is not what we have in this circumstance. What we have in this circumstance, specifically under ten, one, and four, is deliberate to a lot of the debris and things that you see in these photos. Because the goal and intention behind the code is to uphold property values and health and safety for the surrounding residents in this circumstance. So we can take turns, sir.

Hold on. You'll get a chance to talk. Let him finish.

The concern with a lot of this is not that, and to be very frank, I trust that you will clean this up. You always do. The problem is we are consistently back here in a revolving type of fashion to where you'll clean it up and then it will fall back into this state again. And this type of stuff reiterate. This type of

him finish,

These types of things can harbor rodents, snakes No rodents. Bugs, major problems for the residents not to mention or even go down the road of property values being devalued. So this isn't a circumstance as to whether or not we believe you will clean it up or not. It's the fact that we are continuously having to come out there, which is why this is being brought as a repeat offense. And that is why this city is requesting such a high, amount to try to financially encourage you to clean this up and keep it clean.

We cannot encourage anybody that lives on $1,800 a month social security.

Sir, do

you have any pictures of the way the property looks like today in its question.

With

we

first removed? Question. What's your definition of an inoperable or an abandoned vehicle?

An inoperable or abandoned vehicle is a vehicle that is either abandoned with no registered registered tag on it and illegally operable to be able to drive down the street. So if you have a vehicle that doesn't have an engine in it, or you have a vehicle that has a flat tire and it's sitting on a rim, or you have a vehicle that's full of items and being used as a storage container with no registered license plate, then that is considered inoperable or abandoned.

In the city ordinance? Say it one more time for me. Does it say registered in the city ordinance? Yes. It just says inoperable.

In the definition section of the code, it discusses it.

And an inoperable vehicle in any way, if you'll read that ordinance, is any vehicle that you say can't be used. That two of the vehicles that we have not got there were not inoperable vehicles. They were vehicles that could be used any day. One of them was registered and we did use it any day and we replaced it with another vehicle. That Cobalt that you had in the picture before here was a spare vehicle that you had. And you had a fixation on that thing because you never had to have things that were not brand new. You ride a company car. I don't know what your personal car is.

I don't think any of that is relevant to this case, sir. An inoperable vehicle is clearly defined in our code. If you are using a vehicle and it does not have the legal ability to drive down the road, it is considered inoperable or abandoned. The silver vehicle that you're referring to was full of items. It did not have a license plate on it, and it is consistently at your home. It is not driven. It is defined as inoperable in our

coast.

Is it there now?

Is it there now? When I drove by today Yeah. Let me pull back my photos.

Been gone for two weeks now, I think. But he wanted it stored on a trailer with a car cover on it. And I can't work on it with it on a trailer with a car cover on it.

Now, in the photo I took today, it is removed. How I said in the photo I took today, it is removed. However, that does not negate the fact that the other inoperable abandoned vehicles are choosing one vehicle out of the other ones that are on

the What abandoned vehicles are there?

We can absolutely schedule an inspection and I can come out and verify that everything's been brought into compliance.

You've been out there twice in the last two weeks. And each time you leave before I'm finished talking, I would like to have a list of what he wants out of there because I'm just not smart enough to understand the code.

I'd be more than happy to schedule to come out with you and walk through the property. We'll give you a list.

To have somebody report you to have a code violation.

Sir, looking at these pictures, it'd probably be impossible to make a list of everything that needs to be removed. If there's any junk or debris or anything in the front yard that needs to be removed.

It is being removed.

Do you have anything further?

Nothing? I think that the fines, if somebody had any money, would be an unbelievable amount of fines, even when you have a place like the asphalt plant, which has forever and ever and ever been selling asphalt every night. And they make asphalt every night. And if you move into that place and you're not familiar with it, all of a sudden, it's going to become a medical problem for you. And you want to fine him $75 And there's nothing here that can physically cause any medical problem for anybody.

There's nothing here that is criminals to have. He mentioned a snake here. When we were looking at the house with my mom and my wife and myself, the next door neighbor came out and said, are you afraid of snakes? And I said, not really. My mom said, what kind? And my wife said, yes. She said, well, there's about a six foot black snake that lives around here. He said, we call him so and so. He's been here for a long time, so I hope he doesn't bother you. Still see him twice a year.

So we're not afraid. Afraid. Being a black snake, he keeps the other snakes away because they're territorial. So I don't know what can't have other snakes. He kills.

You, sir. Right. Based on the testimony and evidence presented in case 20Five-one22174, I find that respondent is in violation of City Of Edgewater's code of ordinance as listed in the citation, that was filed in this matter. I've considered the gravity of the violation, the accumulation of trash and debris, in front of the residents. Any actions

taken by

the respondent to correct the violation and any previous violations by the respondent. Respondent is a repeat violator

question.

And I think a remove the trash and debris good question. That is in front of the home as well as the inoperable vehicles, if any still so remain. I do find that based upon respondent being a repeat, violator that, beginning 04/18/2025, a daily fine in the amount of $250 per violation per day, will be assessed. Again, that starts on 04/18/2025. Additionally, the respondent is subject to the citation that was issued in this case.

Section ten-five subsection 1.4, the amount for $150 For section ten-one 113, the second fine in the amount of $150 shall be assessed to the respondent. Sir, you need to take care of this issue as soon as possible. If not, you're going to keep having daily fines accruing as soon as the place is cleaned up. You need to notify code enforcement officers so they can issue an affidavit of compliance and the fines will stop at that point.

Mr. Knight Just for clarification, we're reducing the and the last picture. We're reducing the amount from 500 to $2.50 per day?

Yeah. It's gonna be $250 per day per violation.

Understood. And then further, the violation is not just for the front of the property. It is for the property in its entirety.

That's correct.

Okay.

Is there anything else you'd like to say, sir?

Yes. I got a picture up here that is old. None of that stuff is there. The only thing that's there is the yellow wheelbarrow. Okay.

So if there's nothing else there, then what you would have to do is contact code enforcement, have them come out, and they'll reinspect it. And if it is in compliance, they will issue an affidavit of compliance.

I had him there yesterday and we probably got something. He just got in his truck and left before I was finished talking to him.

Okay. My suggestion to you would be then to take pictures so you have any evidence for any future hearings, but contact code enforcement as soon as you clean the place up.

Try my best pronouncing this name. Satelli Ignacio is the owner of the property located at 1092 South Ridgewood Avenue in Edgewater, Florida. He's been found in violation of section 21 dash five three point one one, a violation of stop work order times two of the city of Edgewater's code of ordinances. On 04/21/2025, chief Laracy received information from interim director of environmental services Sean Maroney that the listed location was placing dirt on this location to level out the property in order to place artificial turf down without obtaining a permit. I arrived on scene and observed the work in progress.

I spoke to the workers on scene and advised them that a stop worker is being issued along with a notice of violation for not obtaining a permit to start the work. While on scene, one of the workers handed me his phone and advised it was the property owner. I advised the owner of the violation and the stop work order that was in place. He wanted to argue that he did not need a permit for the work being done. Once the phone conversation was ended, a notice of violation was issued and posted to the property, MELD certified, with the correction date of 05/02/2025 along with a stop work order.

On 04/22/2025, I was advised that the list of location violated the stop work order and continue to work at this location. I responded and observed the property leveled out with dirt and the majority of the artificial turf down. Due to the stop work order violation, citation 528 was subsequently issued for the offense. It was posted to the property, sent mail to the owner, and posted at city hall. And, again, a second stop work order was posted.

On 05/02/2025, at least three dump truck loads of dirt was brought onto the property in violation of the stop work order. As a result, citation 529 was issued for a reoccurring violation of the stop work order with a $300 fine, a $250 daily fine starting from $4.22 25. Additionally, there still exists a current notice of violation for the original city ordinance violation for the permit authority. All notices and provisions of chapter 10 article 27 have been complied with. Staff recommends a special magistrate fine Arsotelli Ignacio in violation of section twenty one fifty three eleven, violation of a stop work order or the code ordinances, and assess the citation fine of $75 and a recurring violation fine of $300 with daily fines of $250 starting from the original date of violation, which was 04/22/2025.

As of now, they applied for a permit, but they still have not been issued a permit because they have to apply by all the information that the environmental services gave with them to bring that property into compliance.

All right. Is there anybody here for the respondent? Please come up, sir. And sir, were you previously sworn in? Excuse me? Did you previously take the oath of swearing in?

Did I swear? I can swear right now.

All right. Please raise your right hand. Yes. Do you swear to tell the truth, the whole truth and nothing but the truth?

Yes, I swear. All

right, sir. You may proceed.

May I share with the

Certainly.

Thank you. Yes. On that specific property. I understand perfectly the regulations and the law, and I understand that my presentation have nothing to do with the violations that you are inviting me to review here. First, I want to admit my big mistake.

I assume that was landscaping that we was doing when we was doing artificial turf. I unofficially request information from members of the city. But because it's unofficially, I don't I don't want to recall anybody. And what I received was, oh, no. It's just a tarp.

It's just landscaping. You can go and do it. So I just proceed and hire a landscaping contractor to go and do the job. Exactly how the code informant gentleman is quoting right now, I was receiving that call, and I understood that I wasn't in any violations. As soon as I hung up, I called the person, and the person says, yes. Maybe my mistake. Maybe you misunderstand. So we was lost in who was right, who was wrong. I was already with a crew that I hired. I hired that crew for the finish of the job, for the jobs to be done.

The next two days, in the meantime oh, the day after, immediately, I meet with the director of the development department. And I said, I want everything clear, What what I have to do? So I prepare the the permits, but they told me that I need a drawing and etcetera. The day after I left, I left the country. I went on vacation. When I came back, they keep working. They was keep working. I find out I came back on last Friday. And, yes, he's right. I saw dirt.

I saw they was moving things around without my authorization, without knowledge. I'm not trying to cover the sky. What it is, it is. What I can say is I deeply apologize. Whatever I have to address, I'm willing to address, I already meet with the director of the development department. I also meet with Sean. He's on environmental. And we agree on what kind of retention system we have to use. Our intention is we already have an established place in Flagler And Cooper in New Smyrna Beach. It's Luma Cafe.

And we was trying to bring exactly the same. No, we wasn't trying. We will. We are bringing a very low impact development that is very nice and it has been very successful selling lattes. This is because I brought some examples with a good intention to understand that we want to beautify a property that for thirty years have been challenging with evictions, all kind of situations in that property.

So we want to intend to beautify that property. For over $1,000,000 in investment that we have there, we are doing our best, and we want to keep in track. In a nutshell, today, I went finally for the development department to see if my permit will be issued. And as I understand, it will be issued correctly, write everything. I know it's not the moment to present this, and I'm not trying to.

What I'm trying to tell everybody, we will keep moving forward with no any problem in the future, and we are trying to bring some income to the city, some good business to the city. And it wasn't in any time, in any moment to break any rule. I will ask you to please understand that it was a misunderstanding and never was any intention to break any law. Anything else? Not for the moment.

Well, it looks like it's going be a pretty project, but you just need to do it the right way and follow the proper procedures as And question. I adjudication for any prior violation or reoccurring violation? Because in order for me to find it as a reoccurring violation, there would have to be a previous adjudication.

Right. I think there was a mistake made with that. It actually should have fell. The first citation was correct. It was under the violation of a stop work order. The second citation actually should have been under the permit order, notice of violation that was issued. That did not come into compliance ten days later. So that's on the city.

So the important thing is to not perform any more work until you do get that permit. You said it sounds like it's coming soon. Is that correct?

The permits supposed to be ready. Supposed to be ready and corrected because we diligently as soon as I got back, I did diligently went to both offices and I went through request and I already addressed.

Okay. Yeah. Like I said, just make sure there's no more work being performed until you actually get that permit. Do you have anything else to add?

Nobody will touch anything there until and I want to throw a towel for the contractors. They was paid by the job done. So when I was outside of of the country, they was trying to get it done.

Yeah. There's some miscommunication there.

Yes. But not bad intention. Just they they was looking for their life and, you know, they was trying to to make their their income. Okay.

Alright. Based on the testimony and evidence presented of to about the that was filed in this matter. Consider the gravity of the violation, the actions by the respondent to correct the violation, which is applying for a permit, and the one, questions the have first this case. The first one one in in the the amount of $300 the second one in the amount of $75 to be paid to the city. There's going to be no daily fines unless you come back and it happens again.

So please obtain that permit as soon as you can and get to work, and hopefully it works out for you. It looks like a beautiful piece of property.

I hopefully see working out for everybody in the city. And I hope seeing you as soon as we open. Thank you very much.

Thank you, sir. Have a good It's

a pleasure.

At

this point, having no further cases, we will adjourn. Thank you all.