Code Enforcement/ Magistrate - Special Meeting

Good afternoon and welcome to the City of Edgewater Code Enforcement Hearing. My name is Ryan Knight and I am the Special Magistrate for the City Of Edgewater. These hearings are open to the public and under Florida's government and Sunshine Law. Today's hearings will be recorded and open for public. The procedures of this hearing are that due process is emphasized to each respondent and to the city in accordance with Florida Statute 162.07 section 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 opportunity to respond and present any evidence. At this time, please silence all cell phones.

This time, if there is anybody that will be presenting evidence or providing testimony, can you please stand and raise your right hand? Do you solemnly swear to tell the truth, the whole truth, nothing but the truth? Thank you. All right, let's call the first case. Actually, what case are you here for? 3131 times Brooks. Okay, let's proceed with that one.

So for case number 20Five-twelve267 citation One

second. I forgot about the minutes. The minutes from the last meeting on 05/08/2025 are approved. Okay. Sorry sir. Go ahead. So

for case number 25Dash122267, citation number 811, I'm officer Jacob McLaughlin. The property address in violation is 31 Pine Brook Drive, Edgewater. The owner is Jasmine Partridge. The background, on 05/19/2025, I received a complaint from Aisha Crum regarding a shed and other structures being built in the backyard of 31 Pine Brook Drive. There was a permit on file for a deck.

However, there were not any other permits. I met with Jasmine, the property owner who escorted me to the backyard. Upon inspection, it was identified that there was roofing work completed as well as an existing shed parallel to the house. Jasmine stated that they did not initially realize that they needed a permit for the shed or the roofing and that the shed had been there since they first purchased the property. She also stated that they were communicating with an engineer as well as the building department to get the shed and roof added to their existing deck permit.

A notice of violation was issued on 05/19/2025 for the structures without permits, and they were informed to stop all non permitted construction. I reached out to the building department to ask if they were if they were given any update updated plans for the shed and roof. Laura Guetter, the permit technician, responded and said that Jasmine had not provided any amended plans at that time. On 05/21/2025, Ayesha called and stated that the unpermitted construction work was ongoing. I met with Jasmine again and clarified that they need to stop all work that is not covered by the existing deck permit, which includes stopping all work on the roof and shed.

I instructed Jasmine that she needs to either remove the unpermitted structures or get them added to the existing permit by 05/30/2025. She stated the building department will not issue a permit for the shed or roof until there is an engineer stump stamp on the amended plans. On 05/30/2025, I reinspected the property, meeting with Jasmine. Jasmine escorted me to the backyard and stated that the engineer needed them to install two planks onto the roof overhang for stabilization. They showed me the planks that were installed.

The existing deck permit still had not been updated to include the shutter roof, and the new planks that were installed were not part of the existing permit. I then issued Jasmine a citation for violation of Section seven-one of the Florida Building Code 105.1, permit required. All notices and provisions of Chapter 10 Article 27 have been complied with. Staff recommends that the violation receives a $75 citation in accordance with Section one-eight, General Penalty, Continuing Violations. And if violations are not corrected by seventwelvetwenty twenty five, staff recommends daily fines of $100 per violation for every day that the violation is not in compliance.

Your name and address.

Jasmine Partridge, 31 Pine Brook Drive.

You can proceed if there's any evidence or any testimony you'd like

to give. Can I

just state your name too,

Oh, I apologize? Brian Wagner. I live out in Holly Hill with my dad. But I do stay out there occasionally. This is my spouse. But I do have email correspondences with a couple different engineers, but everything's been so backed up on their behalf that we haven't been able to get them to actually come out and sign anything anything off yet. But I would be willing to share the emails. I didn't know if there's a link to send them to or what else was to do as far as that goes. But we have been trying. And I do understand that it doesn't make up for the fact that we didn't pull the permits and go about it the right way in the first place.

And that was our mistake. I honestly did not think that those were something that had to be done for what we did put up. Found that later, I was obviously wrong. But the shed's been up for years. I don't know why she decided now of all time to start complaining about it. And again, I know it was still wrong in the first place. But point is we are waiting, trying to get an engineer to come out there and sign off the blueprints for it so that we can submit them to the building department and get it added into the permit.

Okay. You don't have those emails with you?

I got them on my phone. I can either show them to you real quick or

It's fine. I'll accept your testimony that you are in contact with engineers and trying to get somebody out there. You're right, you need a permit for this. The city is requesting a fine of $100 per violation if it's not corrected by July 12. I know you've been in contact with engineers.

Do you think you need a little more time than that? Yes, please. Mid July is when level engineering because I had to outsource all the way to Orlando. Local ones responding and getting back. I had one over it's on US 1. I can't remember the name of the place. But he said that he's been backed up and he's trying to get to it. He just hasn't been able to. So I outsourced to an Orlando engineer company level engineering. And their earliest opening is mid July.

Is there currently work going on at the residence?

Not no more. I mean the deck still has not been 100% completed because we were trying to add this work onto that existing permit. So I figured if we finish the deck and close it out, then it would kinda stop us from being able to add it on there. But no, not anymore. As Mr.

McLaughlin had stated, two four by four posts were put on because an engineer that had come out stated that it needed the extra additional support. So put the extra supports in. And I do realize, again, it wasn't permitted to be doing the work yet, but it was kinda catch 22. And I'm not trying to justify it, but it was either do this and then they could sign off on it or not be able to get a stamp of approval from an engineer because it's not how they wanted it to be done.

Okay. So yeah, you're not gonna be able to do any work on that until you have a permit and have an engineer with that. Is there actually anything else you want to say or add?

Compliance, again, I wasn't aware that we needed that permit to begin with. And then when I became made aware, like, I immediately, that day went to the office and requested it, and I was told I had six months. And at the end of the six months, I could ask for an inspection that the work was done. I could notify them that we're no longer doing the work, or I could ask for an extension. And so that was in March. We're not even at at the six months yet. And so we went there when we were told, oh, no. This is more than just a plain deck. You need the stamp. Okay.

Great. How do I show that I'm here working with you? Right? And they were very accommodating. They printed out my, you know, survey to make sure that everything was there. They printed out my agreement to make sure that I was within the seven and a half foot easement, the 20 foot easement, that everything was where it was supposed to be. Like, we've had an amenable working relationship throughout this. And then we get the don't work on it anymore. So we've still proactively been inside, you know, looking for an engineer because that clearly makes this all come into compliance as an engineer stamp. And then they will accept the amended plans, then they will come and inspect the work.

And so it's nearly done. We're just literally here asking for more time to not have to demolish everything that's been done, still pursue an engineer stand and then start from scratch.

Okay. I'm going to give some you time. I'm going to give you until the July to do that. What I would say is if you are having issues a few weeks before the due date, then get in contact with the city. Let them know the situation.

We'll see if they can come to an agreement with you depending on if you can get an engineer or not. But based on the testimony and evidence presented in case 20Five-122267, I find that the respondent is in violation of the City Of Edgewater Code of Ordinances, Section seven-one, which incorporates the Florida Building Code board. Question. I violation on or before 07/31/2025. In order to correct the violation, the respondent shall take the remedial action as set forth in the notice of violation.

If the respondent does not comply with this order, a fine of $100 per day will be imposed for the violation for each day continues past 07/31/2025. The respondent is further ordered to contact code enforcement for compliance and to arrange inspection of the property to verify compliance with this order. There's also a citation issued for $75 I will uphold that. So you will be required to pay that if you have not done so already. But just like I said, if you're having issues,

you need some more time, let the city know. Get to, you said, three weeks out, which is basically a week from now. Weeks from now? Two weeks time. From the

July. Still got weeks as of right now. But by the July, a couple weeks before the July, if we haven't been able to get the engineer out there yet, that's when you said to contact them?

Yeah, either that or a week before. Make sure if you're having emails with engineers, make sure you retain those so you can show the city that you're trying to retain somebody. Yes, sir. And if you need some more time, make that request. You need to try to get on as soon as possible so you can get an engineer and get this completed.

Yes sir.

With the permit. Any other questions? Alright, thank you. Is there anybody here for a case? Is there anybody here for a case?

Okay. Well, you heard what the order was, so they'll have until the July for that. Sir, if you want to talk you can go outside, but we're going to proceed with this. Next case. Okay.

We'll hold off on that. Okay. Alright, so this is case 25120Two-one67. A, B, C, D, and E associated with this case. Sir, go

ahead. The city is actually requesting to remove this case from the agenda.

Okay. Case number twenty five dash one two two one six seven a b c d and e will be removed from the agenda. Will you be resetting it or is it just being removed?

It's being closed administratively. Okay. Thank you.

Okay. So next case, case 25Dash122244.

This is for citation number 809. I am officer Jacob McLaughlin. McLaughlin. The address in violation is 2798 South Ridgewood Avenue, Edgewater. The owner is Realty Income Properties thirteen LLC. For the background, 2798 South Ridgewood Avenue is a Dollar General store. On 05/13/2025, Dominic, the manager of the Dollar General, spoke with code enforcement about their dumpster enclosure being damaged. Officer McLaughlin met with Dominic who showed him the dumpster. The dumpster enclosure gates were broken at the hinges and did not close properly. The gates either needed to be replaced or properly repaired so that the employees at Dollar General can effectively close the dumpster enclosure.

Dominic also pointed out that there was overgrown vegetation extending into the parking lot, which I confirmed. Both the dumpster enclosure and the overgrown vegetation fall under section ten-five 100 minimum standards. The property had a notice of violation issued on onefifteentwenty twenty five for the same violation. As the violation is reoccurring, a citation was issued on fivethirteentwenty twenty five. All notices and provisions of Chapter 10 Article 27 have been complied with.

Staff recommends that the violation receives a $75 citation in accordance with Section one-eight, General Penalty Continuing Violations. If the violation is not corrected by sixtwenty twotwenty twenty five, staff recommends daily fines of $100 for every day that the violation is not in compliance.

Anybody here for the respondent? Nobody here for the respondent. Based on the testimony and evidence presented in case 20Five-one22244, 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. Consider the gravity of the violation, any actions to correct the violation and any The second second of of of of violation that continues of past June '25. The respondents further ordered to contact code enforcement for compliance and to arrange for inspection of the property to verify compliance with this order.

There is a citation in the amount of $75 that will be upheld and respondents will be required to pay that as well.

Next

case, case 25Dash122279.

Citation number 810, I am officer Jacob McLaughlin. The address in violation is 1307 Victory Palm Drive, Edgewater. The owner is Carol L Anderson. On 05/23/2025, code enforcement received a complaint from Marilyn Mahoney regarding the grass and weeds at 1307 Victory Palm Drive being overgrown. Officer McLaughlin reinspected the property or sorry.

I inspected the property on 05/23/2025 and confirmed that the grass and weeds exceeded 12 inches in height. It was noted that the property looked abandoned, and there was no answer at the door. The property had a citation issued for the same violation in 10/25/2024 and is considered a repeat offender. For this reason, a notice of violation was issued to start the abatement process as well as a citation for alternative method of enforcement. There was a sticker on the door that stated that Safeguard Properties handled all issues for this property.

The sticker contained a phone number for the Safeguard Properties Code Enforcement Department. I contacted this number and informed them of the citation and the notice of violation. Today, on sixtwelvetwenty twenty five, I reinspected and identified that the yard was mowed and is now in compliance. Staff recommends sorry all notices and provisions of Chapter 10, Article 27 have been complied with. Staff recommends that the violation receives a $150 citation for repeat offense in accordance with Section one-eight, General Penalty Continuing Violations. Staff recommends no daily fines as the property was going to be abated but is now in compliance.

Is there anybody here for the respondent? There's nobody here. So based on the testimony and evidence hundred twenty two thousand two and seventy nine, I find that the respondent is in violation of the City Of Edgewater Code of Ordinances as listed in the citation and notice of violation filed in this matter. Consider the gravity of the violation, any actions taken by the violator, and any previous violations. There is no daily fines according to the recommendation of staff.

However, there is a citation in the amount of $150 that will be upheld and the respondent shall pay that citation. Okay, next case, case 20Five-sixty1. There's an A and a B. Sorry, go ahead.

Case 20Five-sixty 001. Citation zero five three zero. Description is thirty fifty Holdings LLC, e f Hutton Realty Corporation. It's the property management for Edgewater Commons at 2970 South Ridgewood Avenue, Edgewater,

Florida.

Edgewater Commons has been found in violation of section 20 Board of Directors the sprinkler and alarm systems. Of Edgewater Commons was given until March 24 to correct the issues. On March 24, I was talking with the alarm and sprinkler contractors directly and was informed that parts were not available and additional time was needed. Citation was issued on May 16 for not meeting the repair deadline. Staff recommendation is staff recommends that the special magistrate find EF Hutton property management in violation of section 21 dash two ten point oh two adoption of the 2023 Florida Fire Prevention Code.

A follow-up inspection found that all violations had been corrected. Citation for violations has been paid to the City of Edgewater. No daily fines are being requested.

Okay. Is there anybody here for the respondent? Seeing nobody here. Based on the testimony and evidence presented in case 20Five-sixHundred-1A1A and 2020Five-sixty1 B. I find that respondent is in violation of the City of Edgewater's code of ordinances as listed in the citation and notice of violation filed in this matter.

Consider the gravity of the violation, any actions by the violator to correct the violation, and any previous violations. The citation has already been paid and there is no further fines that will be levied. Property is currently in compliance so there will be no daily fines for the property at this time. Case number 20Five-one22114 will be tabled. Will that be set for a rehearing?

Continued to the July 10 hearing. Is that it? That is all. We will adjourn this meeting. Thank you very much.