Edgewater magistrate finds Pelican Plaza in violation for leaking roof and unpermitted outlet; Sept. 1 deadline set

Jacob Schumer, the special magistrate presiding over Edgewater’s July 11 code-enforcement hearing, found a violation related to a leaking roof at Pelican Plaza (2311 South Ridgewood Ave) and ordered the property to be brought into compliance by Sept. 1, 2024 or face a $100-per-day fine.

Myron San Miguel, supervisor for code enforcement for the city of Edgewater, told the magistrate the case opened Oct. 12, 2023, a roof permit is now on file and most cleanup is underway. "As of right now, the property does have a permit for the roof," San Miguel said, adding the city expected remaining work to be completed by the Sept. 1 deadline.

The city’s written allegations covered multiple code sections, including chapter 10 (roofs/drainage, minimum standards, damaging ground cover) and chapter 21 (refuse/dumpster maintenance). San Miguel presented photos taken the day of the hearing and earlier images showing cracked pavement and faded striping; he told the magistrate that the unpaved utility easement and adjacent parking area fall within the property lines and have suffered erosion from increased use.

A representative for the property disputed some claims about ground cover and access-road use, saying sections of the damage appeared to be longstanding and that some repairs stem from historic patch work or water-main access. The representative also said a food-truck tenant had installed an external electrical outlet and that the property was still deciding whether to permit food trucks on site as a separate city-council code change proceeds.

Schumer said he would "find a violation as to a" (the roof), gave the property until Sept. 1, 2024 to come into compliance, and stated a $100 daily fine would apply for each day past Sept. 1 the property remained noncompliant. On a related matter, Schumer also found a violation for an electrical outlet installed without a permit and ordered compliance by Sept. 1, 2024, with the same $100-per-day fine applying for continued noncompliance.

The magistrate did not make formal findings on every disputed item during the hearing. On parking-lot potholes and striping and on whether the back access lane constituted "intentionally damaging" required ground cover under chapter 10 §100, the record reflects debate and differing interpretations between city staff and the property representative; Schumer reserved ruling or did not make definitive findings on those specific issues at that time.

San Miguel told the hearing the city had agreed to give the property an extension on many issues to Sept. 1; the property representative acknowledged progress on several repairs and said contractors were in place for the roof work. The city requested a $100-per-day fine for each unresolved violation after the deadline.

The magistrate explained the enforcement process: if the city reinspects and reports noncompliance after the deadline, the city will file an affidavit and the magistrate will sign an order imposing the daily fine, subject to the property’s right to contest.

What happens next: Pelican Plaza must either complete required work and obtain any necessary permits by Sept. 1, 2024, or face the daily fines ordered by the magistrate. The city will re-inspect to verify compliance before any fines are finalized.