Special master finds Novich guilty of junk accumulation, defers right-of-way encroachment ruling

Special Master Christian Waugh found Michael R. Novich in violation of the county accumulation-of-junk ordinance and ordered him to clean the property within 30 days or face a $100-per-day fine.

Waugh said his ruling applies to the accumulation-of-junk case (listed in the hearing as case number 20Four-two117, a violation of Chapter 20, Article 3, Section 20-31A of the Citrus County Code of Ordinances). He declined to decide at the hearing whether Novich had illegally encroached in the public right of way, saying the right-of-way allegation required additional legal research and factual review and that he would issue a written order at the April hearing.

Waugh opened the Feb. 2025 code compliance hearing by taking evidence offered by county staff and admitting three exhibits (photos and notices). Julie Wilkinson, Citrus County code compliance officer, testified that inspections from December 2024 through mid-February 2025 documented piles of mulch, tree debris, loose trash, a discarded fish tank and “miscellaneous junk and debris” at 66 South Columbus Street in Beverly Hills. Wilkinson said she first warned Novich after inspecting a neighbor’s right-of-way complaint on Dec. 10 and later posted notices and took repeat photographs when corrective inspections showed ongoing problems.

Novich acknowledged some of the photographs as truthful and described efforts he said he had made to remove items, saying the fish tank had been removed and that he had moved logs when Wilkinson pointed them out. He told the special master he maintains a small home-based plant nursery and that many plastic pots and planting supplies had accumulated while he worked to comply.

County public-works witnesses described the right-of-way allegations. Technical-services staff said the neighborhood’s right of way extends roughly 25 feet from the road centerline and said the county’s ordinances prohibit encroachment there without a public-works permit. The county contended that Novich’s mulch piles and landscaping material had been placed in the right of way in a way that could destabilize the swale and obstruct stormwater flow.

But Waugh said the right-of-way question raised novel legal and factual issues about when landscaping or plantings cross the line from permissible activity (for example, seed, fertilizer or ground cover) to a prohibited encroachment (for example, structures, permanent improvements or added fill that obstructs drainage). “This is a matter of first impression for me,” he said, and he told the parties he would review the land-development code, Florida law and dictionary definitions before issuing a written opinion at the April hearing.

On the accumulation-of-junk count, Waugh found the county had proved a violation and imposed a compliance timeline. “I am going to find that there’s a violation in case number 20Four-two117 regarding code section twenty-31A,” he said, then set 30 days to abate and asked the county to recommend a daily fine; the county recommended $100 per day and Waugh accepted that figure for noncompliance after the 30-day period.

Waugh also admitted into evidence a screenshot of social-media posts relating to the code-enforcement officer solely for the limited purpose of assessing gravity and potential fine mitigation; he ruled that the content of that exhibit could bear on damages or fine amount if a violation were found, not on whether a violation occurred.

Neighbor Sharon McInnis and biologist Paige Martin spoke during public comment: McInnis described repeated confrontations and safety worries at the property; Martin urged a path to compliance that preserves native ground cover where possible.

Waugh closed by directing the county to prepare the written order on the junk violation and said he would research and issue a separate written opinion on the right-of-way encroachment at the April hearing.

Ending — Where this goes next Waugh gave Novich 30 days to bring the property into compliance on the accumulation-of-junk violation and warned of a $100-per-day fine thereafter. He postponed a final determination on the right-of-way allegation and will issue a written opinion at the April hearing explaining whether, in his view, the county’s right-of-way ordinance reaches landscaping changes such as mulch and raised planting beds.