Code Enforcement/Special Magistrate

104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes - Final Code Enforcement/Special Magistrate 2:00 PM Council ChambersThursday, March 2, 2023 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL Special Magistrate Jacob Schumer called the meeting to order at 2:00 pm. 2. APPROVAL OF MINUTES Special Magistrate Jacob Schumer approved the minutes of February 9, 2023 meeting. 3. PURPOSE/PROCESS OPENING STATEMENT None at this time. 4. SWEARING IN OF WITNESS(ES) The following individuals were sworn in: Rex Manning of 2322 Umbrella Tree Dr. Edgewater, FL; Emily Schwab witness in Dangerous Dog Hearing; Jordan Wallace father of victim in Dangerous Dog Hearing; Perry McCartney dog owner in Dangerous Dog Hearing; Edgewater Police Officer Parker Sweeney; Animal Control Officer Denis ODell; and Code Enforcement Officer Kevin Pogany. 5. DISCLOSURE OF EX PARTE Received un-redacted information for Dangerous Dog Hearing. 6. DANGEROUS DOG HEARING Page 1City of Edgewater Printed on 3/3/2023

March 2, 2023Code Enforcement/Special Magistrate Meeting Minutes - Final a. ACO Case #:230100182 Dangerous Dog Hearing "Blitz" Dangerous Dog Case - Blitz_RedactedAttachments: Perry McCartney's representative Marcy LaHart PA stated that Mr. McCartney disputes the Dangerous Dog classification. Officer Parker Sweeney gave Testimony. That he responded to the scene after the minor child was already taken to the hospital. He stated that he spoke with all parties involved, and obtained a witness statements. Animal Control Officer Denis ODell gave a statement that included the classification of deeming the dog dangerous based on the City Ordinance and State Law definitions of Dangerous Dog after reviewing the evidence. Perry McCartney's representative Marcy LaHart PA questioned ACO ODell on why he didn't question Mr. McCartney, and on the attack was aggressive or not, and on Animal Laws and City Ordinances. A photo of the lateral wounds was labeled as Exhibit A to set it apart from the other photos. The letter to Mr. McCartney advised him of the Final Determination of the Dangerous Dog Classification was labeled Exhibit Response 1. Emily Schwab gave testimony to what she witnessed in the attack, and trying to get the minor child to the home. Jordan Wallace gave testimony of how the situation was handled once Emily Schwab brought the minor child to the house, and the medical attention that was required due to the severity of the injuries. Dangerous Dog hearing was recessed from 2:56 pm to 3:00 pm so Perry McCartney and his representative Marcy LaHart could speak in private. Perry McCartney gave testimony of the training/breeding of the animal, and the event of the attack. Special Magistrate Schumer reviewed the dangerous dog requirements defined by Florida Statues 767 and City Ordinance 5-6 to upholding the Dangerous Dog Classification. 7. COMPLIANCE a. Case #:23-118751 A Citation #: 5233 (Hazelwood) Waicus Joseph & Victoria - 27 Silver Cir. Sec. 21-36.09 Swimming Pool Fence 23-118751Attachments: Page 2City of Edgewater Printed on 3/3/2023

March 2, 2023Code Enforcement/Special Magistrate Meeting Minutes - Final b. Case #:23-118751 B Citation #: 5233 (Hazelwood) Waicus Joseph & Victoria - 27 Silver Cir. Sec. 10-207 Accessory Structures 23-118751Attachments: c. Case #:23-118758 A Citation #: 5255 (Pogany) Mark Andrew & Kimberly Anne Dickerson - 3020 India Palm Dr. Sec. 10-5 Nuisance Generally 23-118758Attachments: d. Case #:23-118758 B Citation #: 5255 (Pogany) Mark Andrew & Kimberly Anne Dickerson - 3020 India Palm Dr. Sec. 10-84 Parking Easement 23-118758Attachments: c. Case #: 23-118642 Citation #: 5233 (Hazelwood) HPA III Acquisitions LLC - 3307 Pine Tree Dr. Sec. 10-121 Trailer Storage 23-118642Attachments: 8. NEW BUSINESS - PUBLIC HEARING Page 3City of Edgewater Printed on 3/3/2023

March 2, 2023Code Enforcement/Special Magistrate Meeting Minutes - Final d. Case #: 23-118749 Citation #: 5254 (Pogany) Rex H & Lana J Manning - 2322 Umbrella Tree Dr. Sec. 21-53.02 Permit Authority 23-118749Attachments: Rex Manning admitted that the property was in violation and requested an extension due to the situation being out of his control. The City will not issue the permit until the Volusia County Property Appraiser combines his lots. Special Magistrate Schumer gave Mr. Manning until March 27, 2023 to come into compliance. Special Magistrate Jacob Schumer reviewed the below cases and concluded after reviewing the cases that no one was present for the read cases. Pursuant to Section 10-348 and 10-345 subparagraph C11 of the Code of Ordinance and the statement that appears on the respective citation issued that failure to appear at the hearing means the alleged violator has waived any right to contest the violation(s) and that an order can be made for the maximum applicable penalties that include but are not limited to administrative costs, fines, daily fines and liens. Special Magistrate Jacob Schumer finds the below properties in violation of the said Section(s) and orders the staff recommendations. a. Case #: 23-118557 Citation #: 5252 (Pogany) Edgewater Terrace Inc. - 321 Three Oaks Dr. Sec. 10-80 Outdoor Storage Residential 23-118557Attachments: b. Case # 23-118621 Citation #: 5251 (Pogany) Schuldt Barbara A TR Barbara Schuldt Living Trust - 1519 Travelers Palm Dr. Sec. 10-121 Trailer Storage 23-118621Attachments: 9. ADJOURN The meeting adjourned at 3:14 pm. Minutes Respectfully submitted by Kathleen Capetillo Page 4City of Edgewater Printed on 3/3/2023

March 2, 2023Code Enforcement/Special Magistrate Meeting Minutes - Final Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Zlotnik, CMC, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present Page 5City of Edgewater Printed on 3/3/2023