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Edgewater presiding officer orders property cleanups, sets fines and deadlines in multiple code cases
Summary
At an April 9 special magistrate hearing, the City of Edgewater found several property owners in violation of city code and ordered corrections with deadlines ranging from May 9 to July 9, 2026; citation fines were set (typically $75–$300) and daily penalties were authorized for continued noncompliance.
Officer Jacob McLaughlin told the hearing that an inspection of 191 Pine Avenue (citation 8464191) owned by Kenneth A. Gilbert revealed outdoor storage, unpermitted fences and structures, multiple vehicles including inoperable ones, trailers and boats, tarps, furniture and an uncovered cooler attracting flies. McLaughlin said staff recommended a civil fine of $75 for each of three violations and daily fines of $100 per day per violation after May 9, 2026.
Kenneth “Kenny” Gilbert told the magistrate he has been working for years to clear the property, described recent health setbacks and asked for more time to finish the cleanup. He said he had removed some fencing and consolidated items but still needed to obtain permits for accessory structures and remove noncompliant items. The city advised Gilbert to stay in contact with code enforcement and to arrange reinspection once work was complete.
The presiding officer found Gilbert in violation of the City of Edgewater’s code of ordinances as alleged in the notice of violation, ordered correction on or before May 9, 2026, imposed citation fines of $75 for each of the three cited violations (totaling $225), and warned that a $100 daily fine per violation would be imposed for any violations continuing after the deadline. The order directs the respondent to contact code enforcement to arrange an inspection verifying compliance.
In a separate case involving 414 Adele Street (citation 844), owner Mary Strode told the hearing the metal carport was present when she purchased the house and disputed paying a $75 citation for the structure. Staff noted the carport was on Strode’s property and that, because the carport had been removed before the hearing, no daily fines would be assessed. The presiding officer upheld a $75 civil fine but confirmed there would be no ongoing daily fines because the property was brought into compliance.
Attorney Jerry Khan, representing the owners of a vacant parcel at 3128 W. Indian River Boulevard, argued a newer shed on the lot should not be treated as an accessory structure because it is the only building on the parcel. City staff cited the land‑development code definitions that categorize storage sheds as accessory buildings and noted that structures on vacant lots are subject to the accessory‑use rules. Given the case was expedited, the presiding officer granted the owners until July 9, 2026 to remove the shed; a $75 citation was imposed and daily fines of $100 per day will apply if the structure remains past that date.
A case for 117 Fisherman’s Cove Drive resulted from cutting trees without a permit; staff recommended a $300 fine, which the record shows has been paid, and the presiding officer declined to assess daily fines because the damage was irreversible and debris had been removed. In another tree‑removal matter (case information withheld under Florida Statute 119.07(1)), the presiding officer ordered corrective steps and gave the respondent until May 9, 2026 to complete permitting and remediation; daily fines were authorized for noncompliance.
A repeat‑violation case for 2621 Royal Palm Drive drew a finding of repeat outdoor‑storage violations; the presiding officer ordered daily fines of $500 per day beginning March 25, 2026, and a citation fine of $150, and directed the respondent to contact code enforcement for reinspection.
The hearing record shows city staff repeatedly cited Chapter 10, Article 27 of the City of Edgewater Code of Ordinances when recommending fines and orders. The presiding officer closed the session after issuing the orders and compliance deadlines. In each case the orders directed respondents to contact code enforcement to arrange inspections and verify compliance; daily fines were the standard enforcement mechanism if deadlines are missed.
The magistrate’s orders take effect as written in each case file; respondents who believe they need more time were told to notify the code office so staff could consider additional extensions or inspections.
