Code Enforcement/ Magistrate - Special Meeting

Meeting to order at 2PM. Good afternoon. My name is Ryan Knight. I'm the special magistrate for the City Of Edgewater. These hearings will be recorded.

The procedures of these hearings are that due process is emphasized to each respondent and to the city in accordance with Florida Statute 162.07 subsection 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 sitting 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, if anybody is presenting any evidence, please raise or please rise and raise your right hand. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? First matter is the order of or the approval of the minutes. I approve the June 12 meeting minutes. First case, case number 20Five-one22114.

Good afternoon. My name is Myron Samiguel. I am the supervisor for enforcement and animal control. The property address excuse me. The case number is 25Dash122114 for citation number 0029.

The property address in violation was 2030 Hibiscus Drive in Edgewater, Florida 32141. The owner was PCRNSB LLC with a mailing address of 225 Branchwood Drive in New Smyrna Beach, Florida 32168. On 03/28/2025, a complainant came in to the code enforcement office and stated that there were several storage units being used to operate businesses out of them. Upon investigation, it was found that the units were, in fact, being used to paint cars, sand cars, and one unit was repairing boat motors and that sort of thing. They were running two different separate businesses.

The zoning requirements prohibit any use of the space outside of the regulated use for storage units per the business certificate and of the occupancy certificate of use. To date, the property has come into compliance. I had some meetings with the property owner out on-site, discussed the issues, spoke to the people who are renting the units out. They all fully understood. Unfortunately, it just took a little bit of time in order for them to come to that realization and come into compliance.

And the property has, like I said, come into compliance, and they have ceased all prohibited uses. All notices and provisions of Chapter 10, Article 27 have been complied with. The excuse me, 28, thank you. The citation for $75 has since been paid, and the city is not requesting daily at this time, but requesting that the property is found in violation beyond the deadline, beyond the deadline of the notice of violation, and set as a repeat offender if they violate the same code, within five years of time from the date of this order.

Is anybody anybody here for the respondents? Nobody here for the respondent. Based on the testimony and evidence presented in case 20Five-one20Two-one14, I find that respondent is in violation of the City Of Edgewater's code of ordinances as listed in the citation and the notice of violation in this matter. No daily fines will be assessed since the citation has been paid. I will find that the respondent was in violation beyond the deadline of the notice of violation.

And if they do violate that same code within five years, they will be classified as a repeat offender. And the property is in compliance you said, correct?

Yes, That's correct.

Okay. All right. Next case, the new business case number 20Five-one22125.

Good evening. Q0ZB2 LLC is the owner of the property located at 1525 South Ridgewood Avenue Edgewater, Florida. It's been found in violation of Section ten-two zero seven accessory structures of the city of Edgewater's code of ordinances. On 04/04/2025, code enforcement received a complaint that the listed location had a three foot block wall that was falling over and and leaning causing a hazard to her property, which backs up to the commercial property. Arrived on scene, scene, observed the wall in disrepair.

Multiple discussions were with the tire store manager and the owner of the property. Courtesy letter was subsequently issued with a correction date of 04/30/2025. On 04/30/2025, we conducted an inspection noting no changes. Notice of violation was prepared at that time and issued to the tire store manager with a correction date of 05/30/2025. On 06/04/2025, another inspection was completed.

It observed no attempt to correct or remove the wall. Citation 0532 was subsequently issued. 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 28 have been complied with. Staff recommends the special magistrate find q o z b two LLC in violation of section 10 dash two zero seven accessory structures and assess the citation fine of $75. The violation has been corrected and no daily fines are being requested.

Anybody here for the respondents? Seeing nobody for the respondent, based on the testimony and evidence presented in case number 20Five-one22125, I find that respondent is in violation of the City of Edgewater's code of ordinances as listed in the citation filed in this matter. The respondent is subject to the citation fine of $75 I order that no daily fines or liens are to be assessed since the property is now in compliance. Next case, 25Dash122292 a. If I do a and b together.

Correct. Kevin A. Ott is the owner of the property located at 3310 Unity Tree Drive, Edgewater, Florida. He's been found in violation at ten of section 10 dash one twenty one, recreational vehicle camper, and section ten one one five parking residential of the city of Edgewater's code of ordinances. On 05/29/2025, code enforcement received an email complaint from environmental services that the listed location was placing trash cans on the Tamron Drive in an area that the city does not pick up due to the primary residences on Unity Tree Drive.

I arrived and observed the trash cans in the city right away for pickup. Additionally, I observed grass and weeds in excess of 12 inches out the property. Vehicles parked in the backyard and a boat boat and trailer stored in the front yard. Due to previous violations for the same violations which was cited, I decided to issue a notice of violation with a correction date of 06/09/2025. On 06/09/2025, I conducted an inspection and noted the parking violations and trailer storage violations were not corrected.

Repeat citation zero five three three, notice of hearing, was subsequently issued. It was posted to the property since certified mail to the owner posted at city hall. All notices and provisions of chapter 10 article 28 have been complied with. No contact has been made with the owner or tenants of the property. Staff recommends a special magistrate fine, Kevin Ott, violation of section 10 dash one twenty one recreational vehicle camper and ten one one five parking residential. The citation fines total with citation fines totaling $300, 150 for each violation, and a daily fine of $200 for the parking residential if not corrected by 07/20/2025. The recreational vehicle violation has been corrected and no daily fine is requested for this.

So for case number 20Five-twelve29 to a, is the city requesting anything for that, which would be recreation vehicle camper.

No, that one's been corrected. As far as no daily fines, but we are still requesting the citation. I believe the citation has been paid for both those violations.

Okay. We'll start off with case 20Five-one2200292A. Based on the testimony and evidence presented in this case, I find that the respondent is in violation of the city of Edgewater's code of ordinances as listed in the citation and the notice of violation. I order that respond ents actually no daily fines or liens are to be assessed for this case. The citation has been paid and the property is currently in compliance for this case.

Moving on to case number 20Five-one2200292 B. Based on the testimony and evidence presented in this case, find that respondent is in violation of the city of Edgewater's code of ordinances as listed in the citation and the notice of violation. I order that respondent correct the violation on or before July of have new first of of the the property to verify compliance with this order. Further order that respondent pay these citation fines totaling $300 to $150 for each violation. Case number 20Five-one22308.

David Watson is the owner of the property located at 1332 Nita Palm Drive, Edgewater, Florida. It's been found in violation of Section ten eighty three, neglected premise of the city of Edgewater's code of ordinances. On 06/02/2025, code enforcement received an email complaint that the listed location was being neglected for approximately four years with nothing being done about it. I arrived and observed property had vines growing about it, rotten wood around the soffit and roof edge. The resident appeared vacant, and a notice of violation was issued with the correction date of 06/12/2025.

On 06/16/2025, we conducted an inspection, noted the violations were not corrected. Citation zero five three five, notice of hearing, was subsequently issued. This posted to the property, sent certified mail to the owner, and posted city hall. All notices and provisions of chapter 10 article 28 have been complied with. No contact has been made with the owner or tenants of this property. Staff recommends the special magistrate find David Watson in violation of section ten eighty three neglected premise and assess the citation fine of $75 with daily fines of $100 per day if not corrected by June 2025.

Seeing no one here for the respondent, based on the testimony and evidence presented in case number 25Dash122308, find know the respondent is in violation of the city of Edgewater's code of ordinances as listed in the notice of violation and or the citation. I order that respondent correct the violation on or before 07/20/2025. In order to correct the violation, the respondent shall take the remedial action as set forth in the notice of violation and or citation. If the respond ent does not comply with this order, fine of $100 will be imposed for each day the violation continues past 07/20/2025. The respondent is further ordered to contact code enforcement for compliance and to arrange an inspection of the property to verify compliance with this order.

Also order that the respondent is subject to the citation fine in the amount of $75 Case number 25Dash122345.

Aldi Florida LLC is the prop owner of the property located at 1825 South Ridgewood Avenue Edgewater Florida, has been found in violation of section 19 dash eight maintenance of plumbing system of the city of Edgewater's code of ordinances. On 06/12/2025, code enforcement received a complaint from Randy of the environmental services that listed location had a sewage leak from the clean out in the parking lot. Randy stated he was on scene with plumbers and all he contacted with plumbers, all he had contacted. And he was told the issue was in the city right of way area and would require the city to repair it. I arrived and observed leakage from one of the cleanouts with sewage leaking out running into the sewer in the parking lot.

I spoke with Randy, and he confirmed this was not a city issue, that the cleanout area was indeed Audi's responsibility. After speaking with the plumbers, they advised they would be taking care of the issue as soon as possible. The manager was aware of the issue and was in touch with the district manager. On 06/13/2025, I received information from Randy of environmental services that the original cleanup was no longer leaking sewage, and a second cleanup closer to the road was now leaking. I arrived on scene and observed the same issue as now sewage was running into the roadway.

Due to the public health issue and safety issue, citation 0535 note notice of hearing was subsequently issued and signed for by the district manager of Aldi. It was posted to the property and sent certified mail to the owner and posted at City Hall. While on scene, it was determined from environmental services to bring their VAC truck to the scene to flush the system of the clog. This was accomplished, and the issue was corrected. All notices and provisions of chapter 10 article 28 have been complied with. Staff recommends a special magistrate fine Audi Florida LLC in violation of section nineteen eight maintenance of plumbing system and assist the citation fine of $75. Violation has been corrected and no daily fines are being requested.

Seeing nobody, from the respondent, based on the testimony and evidence presented in case 20Five-one22345, I find that respondent is in violation of the city of Edgewater's code of ordinances as listed in the in ent is subject to the citation fine of $75 and that shall be paid as provided in the citation. Case 20Five-one2200361.

This is, case 25Dash122361. Property address is 2900 South Ridgewood Ave. It's Popeyes, owned by Eagan Family Trust LP. Mailing address is 241 North Plum Street in Lancaster, Pennsylvania. This is for multiple false fire alarms going off the fire suppression system at Popeyes. Continues to have some challenges. This has been a repeat citation. Citation previously was given on February 6. They had a special magistrate hearing for that on the March 13. All notices and provisions of Chapter 10, Article 28 have been complied with. Citation for $150 is being requested to be levied and then no daily fines at this time.

Seeing nobody here for the respondents, based on the testimony of evidence presented in case number 20Five-one22361, I find that the respondent is in violation of the City of Edgewater's code of ordinances as listed citation filed in this matter. The respondent is subject to the citation fine of $150 and there will be no daily fines or liens to be assessed. Property is now in compliance. Do you know if they got the issue fixed?

Explained to me that they're working on it. We haven't received any more false alarms with this type of violation. The city has recently changed some of their processes, and it just follows a code enforcement side. And at this point, any false alarm that comes through that's at fault of the business, it's just $150 citation.

You. Case number 20Five-one2200366.

This case is an abatement case with a citation. I would request that I present it in lieu of officer McLaughlin not being here today for the city. It's fine. Okay. This is 1855 Coco Palm Drive in Edgewater.

On 06/18/2025, myself, officer San Miguel identified that there was high grass at the property exceeding 12 inches in height due to a computer search and revealing that there's previously been citations for the violation of ten-four zero two. We abated the property, went through the process, posted the property, and that property is now in compliance from high grass. All notices and provisions of Chapter 10, Article 28 have been complied with. We request that the citation amount of $150 be levied with no daily fines.

Seeing nobody present for the respondent, based on testimony and evidence presented in case 20Five-one2200366, I find that the respondent is in violation of the city of Edgewater's code of ordinances as listed in the citations filed in this matter. The respondent shall be subject to the citation fine of $150 and no daily fines or liens will be assessed since the property is now in compliance. Case 20Five-one22368.

Ronald Fox is the owner of the property located at 3414 Willow Oak Drive in Edgewater, Florida. It has been found in violation of section ten four zero two alternate method of enforcement of the city of Edgewater's code of ordinances. 06/18/2025, Wildland Patrol observed the unkempt property with grass and weeds in excess of 12 inches at the location. Due to repeated violation, citation 0635 was subsequently issued for this offense. It was posted to the property since certified mail to the owner and posted at City Hall, and a notice of violation for the property maintenance violation and abatement was issued with a correction date of 06/28/2025.

Excuse me. It was posted to the property since certified mail of the owner posted at city hall. All notices and provisions chapter 10 article 28 have been complied with. Staff recommends special magistrate fine Ronald Fox in violation of section ten four zero two alternate method of enforcement of the code ordinances. Assist citation five fine of a $150. No daily fines are being requested due to the abatement being issued.

Seeing I find that the respondent is in violation of the City Of Edgewater's code of ordinances as listed in the citation filed in this matter. Hereby order respondent subject to the citation fine of $150 as a repeat offender and no daily fines or liens shall be assessed for this property. Case number 20Five-one22409.

Are the owners of the property located at 1432 Travelers Palm Drive in Edgewater, Florida. It has been found in violation of section ten four hundred property maintenance of the city of Edgewater's code of ordinances. On 06/23/2025, while on patrol, observed the list property of grass, weeds in excess of 12 inches. A computer check revealed this property has been cited previously for grass and weeds in excess of 12 inches. That was in November 2024.

As a result of my findings, citation 0636, notice of hearing, was issued was subsequently issued. It was posted to the property, sent certified mail to the owner, and posted at City Hall. Additionally, a property maintenance violation was issued with a correction date of 07/03/2025. All notices and provisions chapter 10 article 28 be complied with. Staff recommends a special magistrate find the owners of the property in violation of section ten ninety eight property maintenance of the code ordinances and assess the repeat citation fine of $150 and the property has been mowed and is now in compliance.

Thank you. Seeing nobody, present for the respondent, based on the testimony and evidence presented in case number 20Five-one22409. I find that the respondent is in violation of the City Of Edgewater's code of ordinances as listed in the citation filed in this matter. Hereby order respondent is subject to a citation fine of 122,410.

Nona Moore Chapman is the owner of the property located at 1821 Kumquat Drive, Edgewater, Florida. It's been found in violation of Section ten four zero two alternate method of enforcement of the City Of Edgewater's code of ordinances. On 06/24/2025, Wild Island Patrol observed the list of property have grass and weeds in excess of 12 inches. Property check revealed this property property has had repeated violations, code case violations since 2013. Result of my find findings, a nuisance abatement violation was issued along with repeat citation 0637.

Notice of hearing was subsequently issued. It was posted to the property since certified mail to the owner and posted at city hall. All notices and violations chapter 10 article 28 have complied with. Staff recommends a special magistrate fine, Nona Moore Chapman, in violation of section four zero two alternate method of enforcement of the code ordinances. Assists the citation fine of $150.

Nobody here for the respondent, based on the testimony and evidence presented in case twenty five dash one two two We we the that the number number be no daily fines or liens to be assessed since the property is now in compliance.