Code Enforcement/ Magistrate - Special Meeting

We will call this meeting to order at 2PM on 11/13/2025. 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 under Florida's government in 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 162.07 subsection three, which states formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

Hearsay is admissible, but only to support other competent substantial evidence. Any decision made today may be appealed by sending notice of appeal to the Circuit Court within thirty days of the execution of any order. The City of Edgewater will present its case first as it has a burden of proof. Afterwards, the respondents will have an opportunity to respond. At this time, please silence all cell phones. I will now swear on any witnesses. If you will be providing testimony, please stand up and raise your right hand. Do you swear or affirm to

tell the truth, the whole truth, and nothing but the truth? First

order, we'll do the approval of minutes, the 10/09/2025 minutes are approved. The first case that we'll do is 6A case number 20Five-one22930.

This is in relation to citation number 833. I am officer Jacob McLaughlin with code enforcement. The address is 618 North Ridgewood Avenue, which is owned by six eighteen North Ridgewood Avenue LLC. On October 7, I received a complaint regarding construction starting around 05:30 in the morning at 618 North Ridgewood Avenue where the new Hang ten car wash was being built. I contacted Jason Rice, who is a representative for the owner of the property.

I informed him that he needed to ensure they did not begin construction until 7AM on weekdays. He told me he would go with his construction team and to stop working so early. The next day on October 8 I received another complaint regarding construction starting at five in the morning. I contacted Jason Rice who checked the cameras at the property and confirmed that work was beginning prior to seven in the morning again. A citation for chapter 10 section 23 subsection six specific noises prohibited was posted and mailed all notices and provisions of chapter 10 article 27 have been complied with in the citation for $75 was paid on October 22

there anybody here for the respondent Seeing nobody here. Based on the testimony and evidence presented in case 20Five-one22930, find out that the respondent is in violation of the City Of Edgewater's code of ordinances as listed in the notice of violation in a a

make

since it was paid. Next case will be new business case 7a case 20Five-one20Two-four86.

Good afternoon. Safelock Storage Holdings LLC is the owner of the property located at 333 West Marion Avenue in Edgewater, Florida. It has been found in violation of section ten five hundred minimum standards of the city of Edgewater's code of ordinances. On 07/09/2025, I was instructed to respond to the list of location reference to sinking pavement around the sewer grates, which could pose an issue for emergency vehicles and other traffic that traveled through there. I arrived on scene observed areas of cement sinking around metal sewer grates.

I spoke with the facility manager, Heather Luce, who also advised of and advised her of the violations on the property. Heather informed me she was aware of the issues and has been attempting to find a contractor to repair this for over six months. I advised Heather a case would be open and requested to keep code enforcement updated on the progress. On 08/12/2025, a notice violation was prepared and issued to the property owner with a correction date of 09/09/2025 due to no updates or progress to repair the sinking pavement and grates. On 08/19/2025, I spoke with Caleb Levitt, another representative of the property.

He advised they were going forward with the repairs. He was instructed the repairs would need permits for the work. On 10/28/2025, I was I was instructed to move forward with the citation, notice of hearing for this case. Citation 0550, notice of hearing was subsequently issued. It was posted to the property, sent certified mail to the owner, and posted to city hall.

Myron San Miguel and myself have had conversations with the property owner regarding this violation. A permit was applied for some time after. However, emails went back and forth regarding corrections that still need to be corrected, which has not been accomplished. All notes and provisions chapter 10 article 27 have been complied with. Staff recommends a special magistrate find Safelock Storage Holdings LLC in violation of section ten five hundred minimum standards for the code nuances and assessed citation fine of $75 and additional daily fines of $100 if not corrected by 12/13/2025.

Thank you. Is there anybody here for the respondent? Yes, sir. Yes. Can you please state your name?

My name is Matthew I'm the owner.

Okay. Thank you.

We applied for a permit on our contractor did, Kumbur Construction, also known as Precision Excavation and Concrete. They applied for a permit on August 28. And

here's our proof right here. And

we just got the permit. We just got informed this morning that the permit was approved. And so we waited all this time to be approved for this permit that we applied for, and and that's why it's taken this long.

Were there corrections that were needed for the permit application or anything?

We did not do anything to the permit application. It was approved as is.

Do you have any expectation of when the work will be complete?

We will have it done within sixty days.

Okay. The city is requesting daily fines if not corrected by December 13. Now that you do have a permit, would you want sixty days from today before those fines would kick in? In other words, if the work is completed within sixty days, then there would be no daily fines assessed.

That's fine.

There is a citation for $75 which is still in here. Do you have it you want to present any evidence on that or anything?

Well, only that we applied for a permit and I don't think a permit should take this long to receive. So we think we think that should be waived given the length of time that we've waited to receive the permit.

But this has been going on since August.

Anything else, sir?

That's everything. Based

on the testimony and evidence presented in case 25Dash122486, find the respondent is in violation of the City Of Edgewater's code of ordinances as listed in the notice of violation and or citation filed in this matter. I have considered the gravity of the gravity of the violation. The actions taken by the respondent to correct the violation, which is obtaining a permit and any previous violations. I heard that respondent correct violation on or before 01/13/2026. Order to correct the violation, the respondent shall take action as set forth in contact code enforcement and to arrange for inspection of the property to verify compliance with this order.

In addition, is a $75 citation that was issued in this matter that will be upheld. Next matter will be new Business7CCase25Dash122734. Sure. Is that is that 7I? The team's okay.

Yes. You can hear that. It'll be new business seven I, case number 25Dash122911.

Hi,

good afternoon. Can you please state your name and show me your ID please?

Sure. Cheryl Morris. Can you bring it a little Can you see it? Yeah. Can you put it a little bit closer? Yeah. It's hard to

put the

whole picture

of your train.

Okay. Nope. That's fine. Okay. Thank you. Is

that good?

Yes. That is fine. Can you please raise your right hand? Do you swear or affirm that testimony you're

about to give shall be the truth, the whole truth, and nothing but the truth?

Yes. Okay. Thank you. City, you may proceed.

So these are citations that are written through section two of what chapter one sixty two of Florida State statute doing direct citations to the individual rather than through the property and daily fine amount. These citations are being challenged by that individual, and she's here. I'll have her come up and challenge the citations. They're gonna be for noise. The neighbors had brought to code enforcement's attention a car alarm that was being set off continuously throughout the night and during random times for unspecified lengths of time.

However, it would fall under our noise ordinance for prohibited noises and nuisances, and that was what it was written for. Unfortunately, the first citation did not bring about compliance, so I had to write a second one. Everything had followed state statute for due process and it being sent certified and being delivered to the property. And she is here today to challenge them.

Okay. And who is here for the respondent? All right, ma'am, please come up.

Just come up to the podium so it's on record for everything.

All right. Can you please state your name for the record?

Betty Mae Walls.

Okay. You may go ahead.

I would like to say that I I think this is ridiculous. My first first, let me start with I was a victim of a break in and an assault when I was younger. And so I get nervous when I'm home, and I don't have, like, my dog. I no longer have my guard dog, who was my emotional support animal. I don't have anybody there to protect me.

I had to get a restraining order on my ex husband, and I've had multiple things taken from my property. Also, within the last six months, I've had my car vandalized twice. I have so, like, I I, you know, I get I'm not comfortable. I don't feel safe in my home. And when if I feel like you know, like and then then when I go to hit the alarm and it beeps twice to show that it's engaged, She's, like, called and complained about that.

When when when and then another thing I saw is when I was reading about these ordinances, like, what's protocol? How do you go about, like, you know all of a sudden, I have this citation. Well, he came with a with a the code guy came to my house, and he said that we had a complaint with your car alarm. And I said, well, I had just got a key made because my key was, like it was very sensitive. Anytime it was in my purse, it would hit something, and my car alarm would go off.

And so I had just paid $300, had a key made, like, the day before that or two days before before that. And I told him, you know, I'm sorry that that's going on. You know, that shouldn't happen. And then he said that there was also from the same lady, probably, a complaint with, like, trash in my backyard, and that wasn't the case. And my my neighbor, I think it's it's more than just this.

I think it's of, like she had an issue with my ex husband, and she had, like you know, she was upset with him because I guess he didn't follow through with a deal they had made or something like that. And so it's like, I literally had to block this lady from my phone. And I even had the neighbor across the street, because she's she's, like, called my mortgage company. She's threatened to call the news, all kinds of stuff. She wants to think that she knows all about me because she researched all me researched me and is gonna say, well, you know, I'm a criminal and this and that. Yeah. I've made mistakes, in my life, but that doesn't define my, you know, character. That doesn't define who I am based on my past. And she was a property property manager. Manager.

She She she told me that she was gonna give everybody on the street, my mortgage company's, email and their phone number and have everybody complain on me. My mortgage company told her, I'm not in violation of nothing that's with my contract because it's a Habitat for Humanity home. And she said, well, and so she said my they had the Habitat people, because I had a conference with them, told me that they told her, well, just go to the police if you have a problem because she's not doing anything wrong because she threatened to go to the news on Habitat, how they you know, like, just all kinds of stuff. I have tried nothing but to really be nice to this lady. Originally, she claimed I I know this I don't know how much time we get to talk, but she, like, she was upset about the the canal.

My ex husband, I guess, had threw some cans in the canal or something behind our houses. So he was gonna pick up the trash around her canal, and he ended up taking off and not doing that. So me and my children, we spent two days, like, probably three hours a day cleaning up her backyard with the lily pads, and we all got poison ivy. And I told her we had to go to the doctor, and I said, you know, I think we did our fair share of his responsibility of what you guys you know, you deal the deal you guys made. And ever since then, she's been, like, nothing but attack attack towards me.

And, I don't know. With the car alarm, I I don't sit there and press my button and just let it go off. And when it does go off, it may go off in, like, one minute. They gave me they came to my house with the citation, but they just told me about a warning. I didn't find out till the second citation that they had the citation. Then that's when I asked what the protocol was, and I was told that, well, first, usually, you get a warning. Well, my warning and my citation came the same day. I think that's really ridiculous.

Objection. That's not true. I actually went there first, gave her a warning, spoke to her, opened up a code case, and then closed it, and then continued to receive complaints from the neighbors. It should be noted that code enforcement has not heard or witnessed this firsthand. We have multiple neighbors with sworn testimonies.

Both of them are here to testify today, miss Carrie and miss Cheryl. And we are basically allowing them to have their day in court to iron this out, because we have record from police calls and things like that. However, unfortunately, code enforcement hasn't been able to verify, but when I did speak to Ms. Betty Ann, she did admit to me that the alarm was going off, that she was having a problem with her car, but that she had since gotten it fixed. She verified and did explain that there are history and challenges with things and her unfortunate circumstances of people coming in and some personal things there.

So I understand, and the justification of being a little nervous about different stuff going on. However, it's come to a point where it's becoming a public nuisance at this It should also be noted for the record that we had to move forward with section a of 162, and we wrote a ticket and citation to the property, with the intent of putting daily fines on the property if it continues, and that's scheduled for December. So even with these citations that she's choosing to challenge today, she's continuing to set her alarm off, and I think the witnesses for the city can speak more to that. If you'd be okay for me to call them forward at this time to talk about it, And we can start with miss miss Cheryl, if that's okay.

Yeah. Let her finish first, and then I'll let the city go. Okay.

The thing with the with the car alarm, my car alarm has never went off more than, like I mean, I would like them to show proof of of the car alarm going off because the third citation they just talked about that I have to go face in December, my my kitchen caught on fire. My house caught on fire. I'm in my driveway now. This is the next day crying my eyes out and just like, you know, my family's all split up, and and, like, I went to go open my car door, and the alarm went off because the car was in it was set, and I didn't have the key to get into the ignition right away to turn it off. I'm look digging through my purse, finding the key.

No joke. It may have been beeped two times, the honk. Two times, I start the key up. And within hours, code enforcement is at my house. Within hours, it is shooting me a citation. Hours after I just had a house fire. And then it's like, I go I go, how well, how long does the alarm have to go off for before it becomes a nuisance where I get a dissertation? Because I hear people honk their horns all the time. I hear, car alarms here and there. Mine's not going off forever and ever and ever.

This is to be like I'm talk I'm telling you no more than a minute this has gone off. And the the lady the lady, my neighbor, her other that other lady is her friend that lives across the street from her. They both whatever. They they tag up against me. And she even came to me and told me and and they I like to go on stage whatever on oath and say, like, she came to my house and told me, I'm not going to court. I'm not gonna deal with that lady. She's she's you know, I've had enough of her. I've had enough of her. I'm not getting involved. I'm not gonna do this.

And look, long and behold, here she is. You know, this is just like it's this lady, like, goes like, the guy across the street used to cut her grass, and he fired her. And I had a note that I got from him, a text message, about how she comes into the neighborhood because she goes out of town for a while and she comes back. And she likes to gossip and she likes to start stuff, and and that's what she does. And he's even got in an argument with her.

And she's gonna bring up his criminal record because she has nothing else better to do but to research people all day long and cast judgment without reading the entire document, like, saying I'm a convicted felon when I'm not and stuff like that. Like, I I I you know? And I I try to be peaceful. I do try to be peaceful. I I my alarm never went off to the point where I should be cited. And and when were the two dates in question to the warning and the and the citation? Was it the same day hours later? Because I don't I remember don't that happening at all like that. And the lady in the office told me that it was the same day I got the cite I said, well, don't usually you get a warning first. She said, well, yours was issued both the same day.

This first time I'm hearing it's issued on different days. And even oh, another thing is she the very first day the codes came to my house, I had that meeting with my mortgage company because she first started that route, going to my mortgage company complaining, and I had a meeting with them. I made sure 100% that alarm did not go off once at all because my daughter even said my daughter, she's very real soft sleeper. The next morning, codes is at our house. Maggie's like, mom, the alarm didn't go off.

I said, I know. And she goes, the the lady I found out with your codes, oh, there was a police call put in about your car alarm. Well, obviously, the police never knocked on my door because my alarm never went off. And that night, I'd like somebody to pull up surveillance on that because not once did it go off, she made a false a false police call. It went off the night before that, but not the night she made the police call where the codes came to my house. So I would like to see this evidence besides the their little party buddy across the street that wants to sit here and slander me, because that's what she does.

Okay. Is there anything else you'd like to say at this time?

I I'll

give you a chance after the city presents their witnesses if you would like to

Yes. Thank you.

Same thing.

Yes. Thank you.

Okay. City, go ahead.

So I'd like to have miss Cheryl speak in relation to her testimony and statement as to what has been going on, and then I'll have Ms. Carey come up.

Okay. You can go ahead, Ms. Morris.

About nine months ago, I'm gonna say. I also recorded it, so we definitely have videos, you know, of me recording the horn honks. So it is very loud, and I my all of my bedrooms, I do not get peace in my home. All of my bedrooms are right by her driveway. So when this goes off, I'm losing sleep day after day,

I'd like you to stick to what we're here for right now. You said you had video

We have some of those.

Of this?

That we can play. Yes. Would you like to see those videos now, or would you like miss Carrie to testify first?

Let's go ahead and look at the videos now. Okay.

Is it not getting audio? Try the other video.

Okay. Let's go ahead and call the other witness then.

Miss Carey, can you please come to the stand?

Ma'am, can you please state your name?

My name is Carrie Richardson.

Okay. And what is your relationship to the property here? Are you a neighbor? Are you

I'm a neighbor, 3109 Silver Plump.

Okay.

So considering the horn honking, it has been a problem for a long time. She's just talking about this new car of hers, but she did have a black car prior to this. And you would hear the horn honking from that car also. So it's just not this vehicle that we're talking about. So it's been going on for a long time. But here lately, it's been more numerous. And I also tried to talk to Betty May and asked her if she'd just stop the horn honking, you know, if the situation would dissolve itself and there wouldn't be an issue. And no, I wasn't going to show up today because she told me that it would stop. But it did not. It has continued.

We have a neighborhood of older people. My mother lives with me, and this disturbs her. I work at I get up at two to work. So when she's honking a horn at midnight, one, it disturbs my rest to get up for work. So it is an issue. And it's just as I have to be friends with Cheryl because I'll hear it and go out in the middle of the night, and her car will be out there honking, not just for a minute, just on a honk or two. Like Sheryl said, beep, beep, beep. And I'm, let's see, across the street, three houses down or so. So it is loud. And if I can hear it in my house sleeping, it's loud.

And it's disturbing. And it disturbs my mother, who's 78 years old. Like I said, there's a prior issue with her black car.

Is that when it seems to occur? Does it occur mostly at night?

It occurs during the day too. But like I said, it can occur anywhere between midnight to three to four to five in the morning. Now, you know, during the day, it might be a honk, but there may be the alarm going off too. But it's not so disturbing as at nighttime when people are trying to sleep.

And how long is it for if you had to give an estimate?

Say it one more time.

How long is it honking for? I'm assuming it just depends. There's

Right. It just depends. Sometimes it's a short honk, three, four, sometimes it goes off longer. Other times, sometimes during the day, it'll go off for a little while. At nighttime, it depends.

Anything else from the city?

Just to mention within the code, it specifically outlines that type of noise. It doesn't necessarily give a duration or how long, but given the frequency and at the discretion of the city, evaluating the situation and the testimonies given by multiple neighbors. This isn't a neighbor where one's pointing at the other like this. This is I I canvassed the neighborhood, spoke to the neighbors, multiple people confirmed the issues. Some of them did not wish to come in and testify or write sworn statements, which is their right. But no one was subpoenaed for this, and they are all here willingly. So and it should still be noted that code enforcement has not witnessed this firsthand, that this is just from the police records coming into us that we've researched and the statements given today.

K. Ma'am, you can come up.

Okay. That is not true. They they're painting a picture like I sit and press my car alarm all day that I'm back and forth, throughout the whole night, my alarm goes my car alarm goes off. That is not the case. When I get out of my car and I hit the lock button on the key, the car goes beep beep. That's what they're talking about. And that video that you just heard the sound for, is that the end of the video? Because I know my alarm does not sit there and go off for more than one minute. They're making it seem like my a car alarm plays, like, songs. I wanna hear a proof.

Can because because because I'll take this all the way to whatever I gotta do next because this is foolish how these these come in here and just say whatever they want with no evidence. No evidence. Yeah. It it does beep when I when I when I put it engaged. Show me multiple times throughout the day where it does that, where I'm at all which make it seem like, oh, well, sometimes in the afternoon, this and that. Are you kidding me? Are you kidding me? This is this is crazy. This is crazy. This is crazy. So I would like to hear where my car alarm goes off more than two honks. She said three or four. Show me. Show me. Show me in one day. Three or four in one day besides a few incidences where I couldn't grab the key in time, and it was no no longer than a minute.

Okay. Anything else?

And another thing is this lady, she had she wants to talk about the noise that bothers her. She has this little thing. I don't know what it is, but it's by her house, pay towards my house. And every time I open my front door, she doesn't always have it on. But usually when she's away in another state or wherever she goes, she keeps it on. So every time I open my door, it goes beep beep. It's like a motion detector that makes this, like, beep beep noise. It sounds like a Apple alarm going off. So when I'm on sitting out on my front porch and I'm trying to talk to people, they're like, what's that noise? It's her little motion detector, which is gonna detect nothing because where she has it between that house and my house is, what, maybe 25 feet, if that.

And she talks about and and her cameras. She to me, I think it's a violation of codes, but I'm not too familiar with it. But the camera she has, from my understanding in the state of Florida, that you could put it wherever they're not supposed to be privacy. And her she has two, needless to say, in going from her side of her house, her window, to my living room window, not the driveway, not the side of the house. She could angle the side of the house. Is it my house or her house? If that's privacy in in those windows, they're on my house. She could've put it to the street on the driveway, but DA said that wasn't in violation of codes, and the one code officer was at our house just the other day for, like, two hours during the middle of the day. I don't know what all was talked about then.

Object

to a lot more to this story, and I think I'm being discriminated against and tagged up against. And I think everything needs to be taken into consideration. The things that I'm going through, my con my situation, my, you know, being a victim of a crime, my PTSD. I'm on disability for it. I I you know, this the having that happen to me affected my life severely, like, where it I mean, like, my anxiety is high at night when I'm home alone. And I had just lost my guard dog because I had a guard dog, and, you know, I have a restraining order. I have somebody that has has broken to my home and violated that restraining order already where the police had to come. And, you know, so it's not like I'm I'm just sitting back pressing an alarm and just being a nuisance. I'm not trying to do that.

So is the car alarm going off at night?

No. No. It I has gone off. No. It has gone off a couple times, not even, like, once every day. I engage it whenever I drive in. I go somewhere and I come back. I hit lock, and it engages it. I mean, like, I can hit maybe lock one time, but I usually do it twice to make sure that it's, you know, it's set. So and she talked about the car before this. I didn't have an alarm on a car before this. I don't sit around and honk my horn, like, just do that for fun. Like, trust me. I got way better things to do than to honk my horn at her or even look her up or research her. I got way better things to do. I don't need to do that like she does to me.

Okay. Anything else? No. Okay. Here's what I'm gonna do. I will issue an order in this within five days. City, I'd like to see those videos so I can hear them. I think there were three videos. Is that correct?

Yes, sir.

Okay. If you could send those to me so I could just review those and listen to them. And I will issue an order on this within five days and you'll receive a copy of it as well. Thank you. If you would like to review the videos, please get in contact with code enforcement.

I'll make sure she gets a copy.

So she can get a copy of that. Okay.

And one more thing I wanted to say quickly is when I was reading on the website about how the codes work, understanding, it states that you're supposed to go and they they address the complaint comes in. They address the person that owns the home, like, right away with the complaint, and they give them, like, a verbal. And then after that, they come and give them, I guess, a a written notice. And it was, like, three things before they got the citation. I got a warning and a citation at the same time. Bam. They give me I mean, they they haven't even heard it, and they're issuing me a citation saying it violates the whatever or however loud it could be. They they don't even I mean, like, this this like, this is crazy. Like, really, like, I I don't wanna be a nuisance. I don't wanna be like, I'm not trying to cause problems.

I have too much on my plate to be trying to sit there and cause problems. Like, I'm just trying to deal with my own stuff going on, and that's enough in itself dealing with everything else. Like, I I don't have time to sit there and honk my horn at somebody.

If I can just clarify, you're not wrong in the processes of how we handle things. There normally is a three step process. However, there is a provision under the code that if it's irreparable or irreversible, a noise violation would be considered that, because it's a one and done thing, and you can't take it back. You did get a warning when I came out the first day, when you walked me in your backyard, and we discussed the issues and the complaints. That was the warning, and that case was opened and then closed, because there was nothing substantiating the complaints. However, when it continued and we kept getting complaints, that's when I was required to come back and issue you a citation.

And and and besides her little buddy, who else has complained? Because I'd like to see them subpoenaed, or I'd like to see a statement. Because this is this this lady literally walked the pavement of the of the of the street to try to get everybody to complain on and file everything she can against me. Like I said, she if if she don't like you if she don't like you, she she gossips. She's loud. She's and she I mean, like, I know I'm loud too, but she makes and she wants never mind. I'll be quiet. I I I'm about to say something that's not nice, and I'll be quiet. Thank you.

I'll make sure you get copies of the videos, and we'll have that order in

five Yeah, thanks.

Okay.

Yep. Thank you very much.

Can I

say one more thing? Yes ma'am. Okay.

And and and very much. Another thing I would like to say is, yes, I can say, my alarm has went off. There may have been one time where it ray it did that, but show me three times where I got three city tickets where it's done that in this time period. It has not. A guarantee. But there may have been one time it went off, and that was prior to the day she called the police because she called the police the day it didn't go off when I had my meeting with my mortgage company. But, yeah, maybe one time, but not three. I shouldn't have three city tickets, and the one time I should get a verbal because I was only one time.

Okay.

Other than that, it's been beep beep, basically, maybe three times.

Alright. Thank you, ma'am. As I mentioned, I will issue an order within three days. You'll get a copy of that. You'll also get a copy of the videos that are being sent to me as well.

Thank you. Okay?

Next, will be, new business seven c case number 25Dash122734734.

Oh,

alright. Here we go.

My name is Myron Sammiegel. I'm the code supervisor for City of Edgewater. This is gonna be Case25Dash122734 for Citation0033. Property address of 203 West Marion Ave Unit 7. The address of this is actually 333 West Marion Ave. This unit specifically has a mailing address of 203 West Marion. It's the owner is Safelock Swords Holdings, mailing address of 2910 Kurt St. Eustis, Florida. This case was started on 08/29/2025 for a business that didn't have a business tax receipt or certificate of use. Per city code, chapter 11 dash nine, certificate of use is required.

The business has signage, advertising location of the unit's door, and a sign at the road. Sunbiz also has the address listed at the above location. This business has since submitted an application for certificate of use. That has gone through all of our processes and departments, and it has gotten approval. The individual was notified yesterday for payment, and that is all the city is waiting on. Once that payment is received, this individual will be brought into compliance. The city's gonna request the $75 citation to be levied, given how long it took for this to take effect, And the $100 per day, if within seven days it is not paid for.

Anybody here for the respondent? Alright, you can come up, sir. I'm sorry, I should have done these two cases at one time since it's the same respondent. But you can go ahead. Go ahead and state your

name again. Matthew Smoot, Safe Lock Storage Holdings.

Thank you. Do you have any response or anything that you would like to say regarding that? Not

really other than our tenant. Anyway, it's hard to follow because he's the one that needs. It's our tenant that needs to get a certificate of use. Told them he needs he should do that. We don't have there's nothing in our lease agreement that requires that they have a VTR because some people just use their units for storage. You know, they don't run a business there. He he's really fought it. This is him right here calling me back. I I thought this was all resolved. So this is

It sounds like it will be once the

He just has to pay it. Yeah. He went through the process. Everyone approved it. He just has to come in and make payment.

Okay. Great. So that's it.

Anything else?

No, that's everything.

Okay. Thank you. Alright. Based on the testimony and evidence presented in case 20Five-one22734, I find that the respondent is in violation of the city of Edgewater's code of ordinances as listed in the notice of violation or the notice of citation filed in this matter. Consider the gravity of the situation, the actions taken by the respondent to correct the violation, which is obtaining the certificate of use except for the payment at this time.

Any previous violations, I order that the respondent correct the violation on or before 11/20/2020 the quarter two pass 11/20/2025. One. The The respondent is further ordered to contact code enforcement and to arrange an inspection of the property or provide documentation regarding the payment for the certificate of use to verify compliance with this order. In addition, the respondent shall be subjected to the citation in the amount of $75 Okay. Next case will be new business seven k case 25Dash123004AA004B.

Nicholas and Reanna Legrand are the owners of the property located at 2332 Tamarind Drive in Edgewater, Florida. It has been found in violation of section 10 dash one two one trailer storage in section 10 Dash 84 parking residential of the city of Edgewater's code of ordinances. On 10/24/2025, I was directed by staff to issue notice of violation to the list location for parking violations that have been previously addressed and currently continuing. I was handed paperwork that time with stamped photos of a truck and trailer parked in the city easement and right of way. I arrived and noticed only the trailer parked in the easement and right of way.

Notice violation was issued for the listed violations with a correction date of 11/03/2025. On 11/03/2025, I conducted an inspection and now observed a truck parked in the easement right of way, and a trailer still stored in the easement right of way. Citation 0659 notice a hearing was subsequently issued. It was posted to the property, sent certified mail to the address and posted at City Hall. All notices and provisions chapter 10 article 27 have been complied with. Staff recommends the special magistrate find Nicholas and Randall Legrand in violation of section ten one twenty one trailer storage and section ten eighty four parking residential the code of ordinances and assess the citation fine of $150 at $75 per violation. No daily fines are being requested as the violations have been corrected.

Okay. Sir, are you here for the respondent? Yes, sir. Alright. Can you state your name?

Nicholas Legrand. So, yeah, we I park in the Easement Road sometimes right there when I have to due to flooding situations where our yard holds so much water and stuff. It's unfortunate. I really have nowhere to go. I just try to make sure that I'm out of the road kinda in the in my yard easement wise, which I have a a picture you can kinda see here where our trailer's at the very end of the road.

Unfortunately, haven't had it. For some reason, it hasn't like me since I've moved there two years ago. I bought a house, paid cash for it for me and my wife to come down here and live. And now we're considering moving because I have nowhere to park my work truck and stuff in my yard because my driveway is a one and a half car driveway. So unfortunately, do move my truck, my work truck back and forth sometimes to easement in and out, whatever I have to do to not be stuck in the mud, honestly. So I can't deny any of that. I did have the trailer and everything moved on the third. I know they come by that morning, it was it was moved that afternoon. I had my son take care of it.

Okay.

And this has been a numerous thing for, the last three years. I've I've we've had the police come out. He's he's called and complained about several things. I've tried to make amends with the guys when we left alone. I mean, honestly. But

there's nothing you can do to to park your truck in the driveway or is it

I have been recently. Couple cars. I've been parking kinda shifting, but I'm hanging off both sides. But I do when it doesn't when it rains really bad, I can't park on the side because the side towards the front of the road, my work truck will get stuck or it's all mud. I've been stuck a few times, it makes terrible ruts up there. And I've contacted the city too, asked about the easement, if they could maintain that. But that's obviously city property, but my job to maintain. So, one of those lines.

Yeah, as long as you recognize moving forward, can't

park in

that location. Okay, is there anything else that you would like to add, sir?

That's it. I was just going to see if I

could just waive the fine since I had it moved that day. They they come by, I think, 09:00. I had my son make sure it was taken care of before I got home from work. If not, if I got to pay the fine, it is what it is. Is there anything I can do as far as is there any permits, anything I can pull, anything I can do for parking otherwise? You've been in my property several times, you can see as well. I need somewhere to be able to park my vehicle.

As I

don't really soon know where to go to.

Yeah, unfortunately, as previously discussed, his house sits sideways on what used to be public roads, and they've kind of been turned over as easements and accesses for these homes still. The challenge he's explaining is true, it rains really bad sometimes, and it causes that right away to be mud, but he has options. Unfortunately, there would be financial responsibility with that, with having to get a permit to extend your driveway. You have plenty of yardage to extend it to the left or the right. You have the option to get a permit to do a driveway extension.

It doesn't necessarily have to be concrete, so it might be a little bit more of a financial affordability for you, to the right or the left, but you have the space to extend your parking needs. The issue is it's an access point that's shared for two properties, So so whenever there's a vehicle or something blocking it, it blocks one or the other from being able to access it.

Well, my only problem is when I park right there, where you can see where my truck was and stuff in the pictures as well, there's clear access to the back. I know the guy beside me owns a double lot. I told him, man, you know, just work with me if you need me to move or something. But it's get to the point where it's almost harassment now. Like I said, there's been more than you've had to come out several times. I know police have come out several times. And we're we're fixing to move from Edgewater because literally our neighbor keeps calling codes and police on us for parking. So I mean it's really come to that point. It's unfortunate but that's And where I'm

you said that there was a notice or a warning issued and then it was moved

that Yes, was a warning.

I think I brought

it to the codes office and signed it. And then the the day of the third, they come by, I think, at 09:00, it was moved that evening. I had my son move it while I was at work. So, by the end of the day, November 3, it was was moved to the side. City,

was it? City was it your testimony witnessed it twice on there and one was after Yes. Gave Okay. Alright sir. Based on the testimony and evidence presented. Sorry. Go ahead sir. Is there somebody else? There

was an adviser. He's present here. He was with the property owner. But we I'm there's a finding of fact that I don't think there's need for testimony.

Okay.

The property owner for my property?

Based on the testimony and evidence presented

Oh, that's what was asking. Based

on the testimony and evidence presented in case 25Dash123004 a and b. I find that the respondent is in violation of the city of Edgewater's code of ordinances as listed in the notice of violation and or citation filed in this matter. Consider the gravity of the violation and the actions to correct the violation and any previous violations by the respondent. However, the respondent is subject to the citation fine in the amount of $75 in case 25Dash123004 a, and $75 in case 25Dash123004B. There shall be no daily fines assessed as the property is now in compliance.

And sir, just moving forward, please don't park there because you're get another $75 citation. I hope you can extend the driveway or figure out something else because it sounds like you're in a low lying area there.

Yeah. Yeah. Like I said, I paid cash from my house, kinda a lot of money for driveway space.

Mister Knight, I just wanna clarify real quick, so everyone's on the same page before anyone leaves today. With a finding of fact, and and adjudication for this, any time after this, a citation would be a $150 for a repeat, and a $500 immediate fine.

So anytime I'm parked out there

Anytime you're parked out there and we come out and confirm it, or receive date and time stamped photos that would confirm the evidence that you're parking there illegally continuously, it would be a $500 daily fine, leaned on the property, and a $150 citation.

Is a limit for parking there? What if I park there and walk

in the Never. To use the Park in your driveway.

It doesn't matter, whatsoever.

Yeah, you shouldn't be parking there. You have a shared access, unfortunately.

Okay. Perfect.

K. Next up, new business 7BCase25Dash122582. This

is in relation to citation number 834 for 1515 Juniper Drive, which is owned by Carol Ann Michalco. 1515 Juniper Drive has had two prior code cases related to outdoor storage, one in 2021 and one in 2023. Both cases resulted citations, and the property came into compliance prior to daily fines. On 07/23/2025, officer San Miguel observed outdoor storage in the front of the property. He spoke to the property owner's son and told him that the outdoor storage had to be removed and stored appropriately.

On August 1, officer San Miguel and I reinspected the property. The outdoor storage was still present. It consisted of junk, tools, fishing equipment, construction materials, and various other prohibited outdoor storage items. We spoke with the property owner and her son. They stated they would begin removing the outdoor storage. We agreed to give them twenty one days in a notice violation that described exactly what was expected. I hand delivered the notice of violation to the property owner later that day. I explained the violations and went over everything that had to be removed. Violations included outdoor storage and location of garbage containers. She understood the expectations and said her son would do his best.

On September 2, I reinspected the property. I spoke to the son who was in the middle of cleaning and things. There was visible progress, but the majority of the outdoor storage was still there. I gave a two week extension so we could continue to make progress. On September 17, I reinspected again. More progress had been made. The driveway and the front side of the house were still covered in outdoor storage, but the items were more organized and a good portion were removed. Carol told me that they were taking longer than expected because they had to wait for garbage day to get rid of piles of items that they were removing. I informed her that they will likely need to begin taking items to the dump themselves instead because of the volume of items. She told me she would be able to get rid of the majority of the remaining outdoor storage by October 1.

On October 6, I reinspected the property, more items were removed but the outdoor storage was still present so I gave a final week extension. On October 14, I conducted a final inspection and the violation was still present. Due to the length of time, I informed the property owner I would be moving forward with a citation. The next day on October 15, I hand delivered a citation for Chapter 10, Section five, Subsections one and four, Outdoor Storage and Debris. All notices and provisions of Chapter 10, Article 27 have been complied with. The citation for $75 was paid on November 12, and I reinspected today, and the violation is still present. Staff recommends daily fines of $100 per day that the violation is not corrected after 12/04/2025.

Anybody here for the respondent? Seeing nobody. What's up? Yes.

I

reviewed them prior to the meeting. But if you want to bring them up, you can.

Just for public records. Yep.

We're having

Must be something in here because my computer will not turn on either.

There they are. That's from today.

All right. Based on the testimony and evidence presented in case 20Five-one22582, find that the respondent is in violation of the city of Edgewater's code of ordinances as listed in the notice of violation and or citation filed in this matter. Consider the gravity of the violation, the actions taken by the respondent to correct the violations and any previous violations. Order that the respondent correct the violation on or before 12/04/2020 that report the Board will that be continues past that December '25. The respondent will is further ordered to contact code enforcement and to arrange for an inspection of the property to verify compliance with this order.

In addition, the fine or the citation fine will be upheld which has already been paid by the respondent. 7 d case 25Dash122853.

853. Again, my name is Myron Semiguel. I'm the code supervisor for City of Edgewater. This is Case one 25Dash122853, Citation0032. The property address is 2009 Red Rock Road, New Smyrna Beach, Florida. It has a New Smyrna Beach address, but is within City Of Edgewater Lemington jurisdictions. It is a new D. R. Horton community off of Old Mission Road in Edgewater. It is Oakleaf Preserve.

It is has a mailing address of 1170 Celebration Boulevard, Suite 202 in Celebration, Florida 34747. This case was created through a city referral from development services. A historical tree was cut down and removed from the vacant lot of this location. It sits adjacent to a residential property and per city code chapter 21Dash55O2. For tree permits, a permit was required to remove a historical tree. No permit was obtained. Therefore, a citation for $300 was issued per the fee schedule approved by city council. And a tree mitigation fine of $1,200 is to be levied on the property per development services and their regulations for that. I've been in contact with the HOA community director, I believe. She is tracking, tracking, they are aware.

To date, from what I've researched and my knowledge, I did not see payment of anything as of yet. Everything is in writing, and everything was submitted, certified as well, so everyone's on the same page and was well aware of the expectations. At this point, all notices of provisions of Chapter 10, Article 27 have been complied with. We request the citation of 300 to be levied and a one time fine for the tree mitigation payment of $1,200 This was a very large tree. If you have the photos, I believe it was something like 136 inches around in diameter.

And the story I received was that it fell from lightning. I requested evidence of that. I don't know if you can zoom out at all, but a 139 inches around. I requested evidence photos or anything, get me in contact with the tree company that cut it, that cut it up or anything. They said it almost hit someone's house. I talked to the neighbor. The neighbor said he didn't know anything about it, that someone just showed up and they cut it down. It's a community area. It's a parcel that's owned by the HOA. Just a historical tree that got cut without telling anybody or letting anybody know. Okay.

The only question I had was the 1,200 tree mitigation payment. Is that found in the code of ordinances or is that found somewhere else?

That is something I requested from our development services director. It was sent to me in an email in regards to what I believe was historically accurate for what has always been done. I looked and could not find specifically where that tree mitigation fine came from, and I have yet to unfortunately receive anything from the development services director. But with everything going around in the city, I'm sure we will have that If that is not something that is applicable at this time, then of course we'd have to waive that and just request the citation.

Yeah. I mean, I can do it a few times. I can or a few different ways. I can waive it or I can continue it if you need some more time to get that information. It's really up to you because I'm looking at the code in the land development code section 21 dash 55.1, which is enforcement. And there's another way to do it, which says, in lieu of physical replacement, city council may impose a fee of $37 per cross sectional square inch loss or a combination thereof.

Yeah, if you go back to that photo, we looked at that and I discussed that with the city development services director, and I think the total was what, 39 or 34? Mean, by that, tens it'd of thousands of it'd be a lot more money than just the 1,200 requested per the thing. If we could do a continual then, and I'll try to get that document provide to you to show exactly where that's coming from. I don't know if it's an administrative fee that he just has the I believe he just has the authority as the director to apply, sorry, excuse me, apply for it. So I'll verify that though and have something Okay. More concrete.

Let's do that, then we'll continue

till December's?

What's

that? Till December 11?

Yep. We'll continue case 25Dash122853 until the next meeting, which is December, what did you say?

12/11, sir.

December 11.

Thank you. That's all the city has.

Thank you. Five more? Case 25Dash122891.

This is in relation to a citation number 835 for 2523 Willow Oak Drive which is owned by Judith a Wagner and James Liboretzos. 2523 Willow Oak Drive has had two prior code cases this year involving overgrown grass and weeds, one from June 19 and one from July 31. Both cases were brought into compliance within two weeks of their initial inspections. On September 24, I identified tall grass and weeds at the property while on patrol. I left a door hanger to make contact. On October 3, I reinspected and saw the grass was still overgrown and that the door hanger was removed. I spoke to the resident who told me he was having financial troubles and was trying to find a lawn company. He told me he would contact me via email once he found a lawn company. I told him I would check back on the thirteenth to see if he found a company or cut the grass and weeds. I also handed him a notice of violation.

On October 13, there was no answer when I knocked on the door. I had not received an email or phone call from the resident to update me on their progress. I gave a courtesy extension until that Friday. On October 20, the grass and weeds were still not cut. I attempted contact, but no answer at the door. I posted a citation on October 22 for chapter 10, section 98, property maintenance. On November 4, I reinspected and saw that the grass and weeds were cut. All notices and provisions of chapter 10 article 27 have been complied with. Staff recommends a citation for $75 and no daily fines are requested as the property is now in compliance.

Seeing nobody here for the respondent based on testimony and evidence presenting case 25Dash122891 I find that respondent is in violation of the city of Edgewater's code ordinances as listed in the citation filed in this matter. I order that, the respondent, shall be subject to the $75, citation fine. There shall be no daily fines or liens to be assessed as the property is now in compliance. Case 25Dash122894.

V three fund three Edgewater LLC is the owner of the property located 2130 South Ridgewood Avenue in Edgewater, Florida has been found in violation of section ten five hundred minimum standards of the city of Edgewater's code of ordinances. While on patrol, observed the listed property have grass and weeds in excess of 12 inches, overgrowth in the flower bread beds, tree branches hanging into the parking areas, and dead and missing plants. The property was monitored for several months. And on 09/25/2025, a notice of violation was prepared and issued to the property owner with a correction date of 10/25/2025. Prior to 10/25/2025, I observed workers at the location weeding flower beds.

However, the work was not completed. On October on 10/25/2025, my inspection revealed tree limbs were not trimmed, the weeds remained in the flower beds, new mulch was not replaced, and the missing dead bushes were not replaced. Citation 0658 notice of hearing was subsequently issued. This post to the property since certified mail of the owner and posted at city hall. List of property is a vacated bank building and talks with the owner revealed this property has had a tenant, but no activity on the property would indicate the building that is in use.

All notices and provisions of chapter 10 article 27 have been complied with. Staff recommends special magistrate fine v three, fund three, Edgewater LLC in violation of section ten five hundred minimum standards of the code of ordinances and assist the citation fine of $75 and additional daily fines of $100 if not corrected by 12/23/2025. The reason I gave them till 12/23/2025 is I have been in contact with the owner, and she agreed to to have all this taken care of by then.

Thank you. Seeing nobody or the respondent, based on the testimony and evidence presented in case 20Five-one22894, find out the respondent is in violation of the City of Edgewater's Code of Ordinances as listed in the notice of violation and or citation filed in this matter. Considering the gravity of the violation and the actions taken to correct the violation and previous violations, I order that the respondent correct the violation on or before 12/23/2025. 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 respondent does not comply with this order, a fine in the amount of $100 per day will be imposed for each day violation continues past 12/23/2025.

The respondent is further ordered to contact code enforcement 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 Case 20Five-one22906.

Helmlinger Kenneth Lewis David is the owner of the property located at 2804 Mangletree Drive in Edgewater, Florida has been found in violation of section ten four hundred property maintenance of the city of Edgewater's code of ordinances. On 09/30/2025 while on patrol, observed the listed property have grass and weeds in excess of 12 inches due to the same violation on 08/21/2025. A notice violation was issued with the correction date of 10/10/2025, and citation zero five four nine was subsequently issued. It was posted to the property since certified mail the owner and posted at City Hall. All notices and provisions of chapter 10 article 27 have been complied with.

Staff recommends the special magistrate fine Helmiger Kenneth David Lewis David in violation of section ten four hundred property maintenance of the code ordinances and assess the citation fine of $75.

Seeing nobody for the respondent based on the testimony and evidence presented in case 25Dash122906, I find that the respondent is in violation. The city of Edgewater's code of ordinances as listed in the citation filed in this matter, considering the gravity of the violation, any actions to correct and any previous violations. I order that the respondent correct or, excuse me. I order that, the respondent shall be subject to a citation fine in the amount of $75 shall be no daily fines or liens to be assessed as the property is now in compliance. Case 25Dash122907.

This is in relation to citation number 832 at for 707 South Flagler Avenue, which is owned by Eden Olivia Tull. 707 South Flagler Avenue was previously abated for grass and weeds and received a citation on 09/11/2025 special master hearing. On September 30, it was identified that the grass and weeds were again overgrown and exceeding 12 inches in height at the property. On 10/03/2025, I posted a citation for chapter 10, section four zero two, alternate method of enforcement, repeat offense, as well as a notice of abatement. I reinspected on October 14.

The violation was still present, so we moved forward with the abatement. On October 23, the abatement was serviced. Gomez lawn service mowed the property and brought it into compliance. All notices and provisions of chapter 10 article 27 have been complied with. Staff recommends a citation for a $150 as it's a repeat offense. And as the violation is now in compliance, no daily fines are requested at this time.

Seeing nobody here for the respondent, based on the testimony and evidence presented in case 25Dash122907, the respondent is in violation of the city of Edgewater's code of ordinances as listed in the citation first 19. On that day over We that the respondent shall be subject strong to a fine in the amount of $150 There shall be no daily fines or liens to be assessed as the property is now in compliance. Case 25Dash122982.

Sue Reed Vaughn, EST is the owner of the property located 1843 Coco Palm Drive Edgewater Florida. It's been found in violation of section ten four hundred property maintenance of the city of Edgewater's code of ordinances. On 10/21/2025 while on patrol observed the grass and weeds in excess 12 inches at the listed location Due to the owner being deceased, a notice violation was issued with the correction date 10/31/2025 and citation zero six five seven notice of hearing was subsequently issued due to a repeat violation. It was posted city. It was posted the property since certified medal of the address and posted at City Hall.

All notices and provisions chapter 10 article 27 have been complied with. Staff recommends a special magistrate find sue Reid Vaughan violation of section ten four hundred property maintenance of the code ordinances and assess the citation fine of $150

Seeing nobody for the respondent based on the testimony and evidence presenting case twenty five dash one two two nine eight two. The respondent is violation of the City Of Edgewater's Code of Ordinances as listed in the citation filed in this matter. I order that the respondent shall be subject to a citation fine in the amount of $150 as a repeat offender due to an 10/14/2025 order finding respondent in violation of the same section. There should be no daily fines or liens to be assessed as the property is now in compliance. That is it. Anything else? All right. Thank you very much. We will adjourn.