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22-117180A&B - Algedor, Bob Sr - 2507 Guava Drive3/10/2022 8:50:52 AM Instrument #2022056011 #1 Book:8216 Page:4109 CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, CASE NO.: 22-117180 A Petitioner, VS. Bob Algedor Sr, Owner Respondent, ORDER IMPOSING ADMINISTRATIVE FDM&IEN THIS CAUSE came on for public hearing before the undersigned Magistrate on January 13, 2022 after due notice to Respondents; at which time the undersigned heard testimony under oath, received evidence, and issued the Findings of Fact, Conclusions of Law, and Order, which was reduced to writing and furnished to the Respondent. Said Order required Respondent to take certain corrective action by January 23, 2022 and included a notice that a fine would be imposed if Respondent failed to comply with the Order by said dates, and to pay a citation fine in the amount of $75 to the City of Edgewater. An Affidavit of Non -Compliance for an inspection performed on February 4, 2022, has been filed with the Code Enforcement Special Magistrate by the Code Enforcement Officer, which Affidavit certifies under oath that the required corrective action ordered by the Magistrate WAS NOT TAKEN BY THE DATE SPECIFIED. Based upon the foregoing Findings of Fact, Conclusions of Law, and Order and Affidavit of Non -Compliance it is hereby ORDERED that: A fine is hereby imposed for failure to comply with the Magistrate's Order of January 13, 2022 Sec. 21-55.02 Tree Removal Permit Required. Said fine shall be in the amount of $100.00 per day, beginning on January 24, 2022 and shall continue to accrue until compliance with said Order is met. This fine shall accrue interest as otherwise provided by law. Respondent is also subject to the citation fine of $75. The land on which the violation is the subject matter of this cause, located at 2507 Guava Drive, is described as follows: PARCEL 9: 840201066970 PROPERTY DESCRIPTION: LOTS 6697 6698 & 6699 BLK 216 FLORIDA SHORES NO 7 MB 23 PG 118 PER OR 4693 PG 2543 PER OR 5964 PG 3882 PER OR 7765 PG 4861 PER OR 8052 PG 0405 NOTICE TO RESPONDENT: Pursuant to Section 162.09 Florida Statutes a certified copy of this Order may be recorded in the Public Records of Volusia County, Florida, and thereafter shall constitute a lien against the above described property, if the property is not a bona fide Homestead Exemption, and any other real or personal property owned by the Respondent. If Respondent wishes to challenge the amount of the fine and resulting lien, the Instrument #2022056011 #2 Book:8216 Page:4110 Respondent may request a hearing before the Code Enforcement Special Magistrate. The request shall be delivered in writing within twenty (20) days of the date of this Order to Clerk of Code Enforcement, at P.O. Box 100, Edgewater, Florida 32132. Any hearing hereunder shall occur as soon as practical and shall be limited to consideration of findings necessary to impose a fine and create a lien. If a timely request is not received, this Order may be recorded. DONE AND ORDERED THIS 17 day of February, 2022, in Edgewater, Volusia County, Florida. CITY OF EDGEWATER, FLO IDA CODE ENFORCEMENT SP CIAL MAGISTRATE mer, Esq. I HEREBY CERTIFY that a true and correct copy of the abo#e and foregoing Order has been furnished by certified mail to Respondent and/or Respondent's authorized counsel at the following address: 2507 Guava Drive, Edgewater, Florida on this 17 day of February, 2022. CERTIFIED 1tatHLEEN CA?Enui.O it'/• Notary Public •State of �Iorioa r Commission d HH !60149 �? My Comm. Expires Aug 2.2025 Bended through National Notary assn. 6" I thl en petillo Clerk to the Special Magistrate City of Edgewater PO Box 100 Edgewater, FL 32132 (386) 424-2400 ext. 2210 Instrument #2022056011 #3 Book:8216 Page:4111 Laura E. Roth, Volusia County Clerk of Court ED GEWATER CERTIFICATION I, Bonnie Zlotnik, CMC, City Clerk of the City of Edgewater Florida, do hereby certify that the attached is a True and Correct copy of the Citizen Code Enforcement Special Magistrate Order Imposing Fine/Lien for Case No. 21-117180A - TIIE CITY OF EDGEWATER, FLORIDA vs. BOB ALGEDOR SR, owner as it appears in the Public Records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida, on this 7`i' day of March, 2022. SEAL Bonn�Zlot�nik, CF City Clerk office of the City Clenk P.O. Box 100 • Edgewater, FL .32132-0100 (386) 424-2400 Ext. 1102 + Fax (386) 424-2410 �ivw. cii}'ofedgelvaler. org CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, Case No. 21-117180 A a municipal corporation Citation No. 5489 Petitioner, VS. Bob Algedor Sr. Respondent. THIS CAUSE came before the undersigned Special Magistrate on January 13, 2022 after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard testimony under oatH, received evidence and heard arguments of counsel (if any), the Respondent _ beingVVV_ not being present, there upon issues this Findings of Fad, Conclusion of Law and Order as follows: I. FINDINGS OF FACT The Respondent is the owner of the property described as follows: Address: 2507 Guava Drive Edgewater, FL Short Parcel ID: 840201066970 Legal Description: LOTS 6697 6698 & 6699 BLK 216 FLORIDA SHORES NO 7 MB 23 PG 118 PER OR 4693 PG 2543 PER OR 5964 PG 3882 PER OR 7765 PG 4861 PER OR 8052 PG 0405 On December 7. 2021, said Code Enforcement Officer became aware of the following violation(s) of the Land Development Code/Code of Ordinances of the City of Edgewater. Violation Detail Sec.21-55.02 Tree Removal Permit Required 2. That on December 7. 2021, said Code Enforcement Officer notified the above - captioned individual of said violations. 3. That the Code Enforcement Officer, through its clerical staff, scheduled a hearing and written notice of such hearing was hand -delivered, mailed, or posted as provided by Section 162.12, Florida Statute. 4. That on January 13. 2022 a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on January 13. 2022. this Special Magistrate found the following conditions existed at the above-described property. Section 21-55.02 Tree Removal Permit Required. Page 11 Case No. 21-117180 A ❑ In -Compliance ❑ Citation Paid ❑ Daily Fines II. CONCLUSION OF LAW 6. Between December 7. 2021, and January 13, 2022, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 21-55.02 Tree Removal Permit Required. III. ORDER 7. It is the Order of the Special Magistrate that the above -captioned individual and/or entity shall take such action as is necessary to come into compliance with the City Code. 8. It is the further Order of the Special Magistrate that the above -captioned individual and/or entity shall be subject to a fine up to $100.00 per day for each and every day the said violation(s) continues past January 23, 2022, or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that Bob Algedor Sr. and/or entity, upon complying shall notify the Code Enforcement Officer, who shall make an inspection and notify the Special Magistrate whether the above -captioned individual has come into compliance with the City Code. 10. The respondent is subject to a citation fine of $75.00. DONE AND ORDERED this January 13, 2022. Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 21-117180 A CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, Petitioner, vs. 0` ,r Bob Algedor Sr. Respondent, STATE OF FLORIDA ) COUNTY OF VOLUSIA ) CE Case No. 21-00"7'80A AFFIDAVIT OF NON-COMPLIANCE BEFORE ME the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared Kevin Pogany, Code Enforcement Officer for the City of Edgewater, who, being first duly sworn deposes and says: That on 1/13/2022 the Special Magistrate held a public hearing and issued its Order in the above styled matter. 2. That a re -inspection was performed on 2/4/2022 3. That the re -inspection revealed that corrective action ordered by the Special Magistrate in the Order dated 1/13/2022 HAS NOT BEEN MET. FURTHER AFFIANT SAYETH NAUGHT. Dated .� �, 20 ZZ! STATE OF FLORIDA, ) COUNTY OF VOLUSIA. ) Z 2.Z Kevin Pog y Code Enforcement Officer City of Edgewater The foregoing instrument was sworn to ands scribe befo • e on�eb�, 2021 by Kevin Pogany, who is personally known to me. + sc I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order has been furnished by regular mail to Respondents and/or Respondent's counsel. a;iii r •',. KATHLEEN CSPETILLO Kfddiledfi C*6tflJd14L1eA to the Special Magistrate ;F Y Notary Public • State of Florida Commission a HH 160149 •,fin My Comm. Expires Aug 2, 2025 Bonded through National Notary Assn. 3/10/2022 8:50:52 AM Instrument #2022056012 #1 Book:8216 Page:4112 CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, CASE NO.: 22-117180 B Petitioner, VS. Bob Algedor Sr, Owner Respondent. ORDER IMPOSING ADMINISTRATIVE FINE/LIEN THIS CAUSE came on for public hearing before the undersigned Magistrate on January 13, 2022 after due notice to Respondents; at which time the undersigned heard testimony under oath, received evidence, and issued the Findings of Fact, Conclusions of Law, and Order, which was reduced to writing and furnished to the Respondent. Said Order required Respondent to take certain corrective action by January 23, 2022 and included a notice that a fine would be imposed if Respondent failed to comply with the Order by said dates, and to pay a citation fine in the amount of $75 to the City of Edgewater. An Affidavit of Non -Compliance for an inspection performed on February 4, 2022, has been filed with the Code Enforcement Special Magistrate by the Code Enforcement Officer, which Affidavit certifies under oath that the required corrective action ordered by the Magistrate WAS NOT TAKEN BY THE DATE SPECIFIED. Based upon the foregoing Findings of Fact, Conclusions of Law, and Order and Affidavit of Non -Compliance it is hereby ORDERED that: A fine is hereby imposed for failure to comply with the Magistrate's Order of January 13, 2022 Sec. 21-53.02 Permit authority. Said fine shall be in the amount of $100.00 per day, beginning on January 24, 2022 and shall continue to accrue until compliance with said Order is met. This fine shall accrue interest as otherwise provided by law. Respondent is also subject to the citation fine of $75. The land on which the violation is the subject matter of this cause, located at 2507 Guava Drive, is described as follows: PARCEL #: 840201066970 PROPERTY DESCRIPTION: LOTS 6697 6698 & 6699 BLK 216 FLORIDA SHORES NO 7 MB 23 PG 118 PER OR 4693 PG 2543 PER OR 5964 PG 3882 PER OR 7765 PG 4861 PER OR 8052 PG 0405 NOTICE TO RESPONDENT: Pursuant to Section 162.09 Florida Statutes a certified copy of this Order may be recorded in the Public Records of Volusia County, Florida, and thereafter shall constitute a lien against the above described property, if the property is not a bona fide Homestead Exemption, and any other real or personal property owned by the Respondent. If Respondent wishes to challenge the amount of the fine and resulting lien, the Instrument #2022056012 #2 Book:8216 Page:4113 Respondent may request a hearing before the Code Enforcement Special Magistrate. The request shall be delivered in writing within twenty (20) days of the date of this Order to Clerk of Code Enforcement, at P.O. Box 100, Edgewater, Florida 32132. Any hearing hereunder shall occur as soon as practical and shall be limited to consideration of findings necessary to impose a fine and create a lien. If a timely request is not received, this Order may be recorded. DONE AND ORDERED THIS 17 day of February, 2022, in Edgewater, Volusia County, Florida. CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE , Esq. I HEREBY CERTIFY that a true and correct copy of the abovg/ffid foregoing Order has been furnished by certified mail to Respondent and/or Respondent's authorizedAunsel at the following address: 2507 Guava Drive, Edgewater, Florida on this 17 day of February, 2022. CERTIFIED K O HLEEN CAPRiLLO ag Notary Public • State of Florida t4n`j Commission; HH 160149 My Comm. expires A g 2.2025 Bonded through National Notary Assn. at ileen 6apetiIlo Clerk to the Special Magistrate City of Edgewater PO Box 100 Edgewater, FL 32132 (3 86) 424-2400 ext. 2210 Instrument #2022056012 #3 Book:8216 Page:4114 Laura E. Roth, Volusia County Clerk of Court ffi ED GEWATEn CERTIFICATION I, Bonnie Zlotnik, CMC, City Clerk of the City of Edgewater Florida, do hereby certify that the attached is a True and Correct copy of the Citizen Cade Enforcement Special Magistrate Order Imposing Fine/Lien for Case No. 21-117180B - TI -IE CITY OF EDGEWATER, FLORIDA vs. BOB ALGEDOR SR, owner as it appears in the Public Records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater. Florida, on this 7`t' day of March, 2022. Bonnie Zlotnik/ MC City Clerk Office of the City Clerk P.O. Box 100 • Edgewater, FL 32132-0100 (386) 424-2400 Eat. 1102 • Fax (385) 424-2410 www, cityofedgewater. org CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, Vs. Bob Algedor Sr. Respondent. Case No. 21-117180 B Citation No. 5489 THIS CAUSE came before the undersigned Special Magistrate on January 13. 2022 after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard testimony under oath, received evidence and heard arguments of counsel (if any), the Respondent _being _ not being present, there upon issues this Findings of Fact, Conclusion of Law and Order as follows: I. FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 2507 Guava Drive Edgewater, FL Short Parcel ID: 840201066970 Legal Description: LOTS 6697 6698 & 6699 BLK 216 FLORIDA SHORES NO 7 MB 23 PG 118 PER OR 4693 PG 2543 PER OR 5964 PG 3882 PER OR 7765 PG 4861 PER OR 8052 PG 0405 On December 7, 2021, said Code Enforcement Officer became aware of the following violation(s) of the Land Development Code/Code of Ordinances of the City of Edgewater. Violation Detail Sec.21-53.02 Permit Authority 2. That on December 7, 2021, said Code Enforcement Officer notified the above - captioned individual of said violations. 3. That the Code Enforcement Officer, through its clerical staff, scheduled a hearing and written notice of such hearing was hand -delivered, mailed, or posted as provided by Section 162.12, Florida Statute. 4. That on January 13, 2022, a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on January 13. 2022, this Special Magistrate found the following conditions existed at the above-described property. Section 21-53.02 Permit Authority. Page 11 Case No. 21-117180 B ❑ In -Compliance ❑ Citation Paid ❑ Daily Fines II. CONCLUSION OF LAW 6. Between December 7, 2021, and January 13, 2022, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 21-53.02 Permit Authoritv. III. ORDER 7. It is the Order of the Special Magistrate that the above -captioned individual and/or entity shall take such action as is necessary to come into compliance with the City Code. 8. It is the further Order of the Special Magistrate that the above -captioned individual and/or entity shall be subject to a fine up to $100.00 per day for each and every day the said violation(s) continues past January 23, 2022, or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that Bob Algedor Sr. and/or entity, upon complying shall notify the Code Enforcement Officer, who shall make an inspection and notify the Special Magistrate whether the above -captioned individual has come into compliance with the City Code. 10. The respondent is subject to a citation fine of $75.00. DONE AND ORDERED this January 13, 2022. Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 21-117180 B CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, CE Case No. 21-00117180B Petitioner, vs. Owner, Bob Algedor Sr. Respondent. AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA ) COUNTY OF VOLUSIA ) BEFORE ME the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared Kevin Pogany, Code Enforcement Officer for the City of Edgewater, who, being first duly sworn deposes and says: I. That on 1/13/2022, the Special Magistrate held a public hearing and issued its Order in the above styled matter. 2. That a re -inspection was performed on 2/4/2022 3. That the re -inspection revealed that corrective action ordered by the Special Magistrate in the Order dated 1/13/2022 HAS NOT BEEN MET. FURTHER AFFIANT SAYETH NAUGHT. Dated_, 20ZZi STATE OF FLORIDA, ) COUNTY OF VOLUSIA. ) 2 Kevin Pogany Code Enforcement Officer City of Edgewater The foregoing instrument was sworn to and s scr' b e to on �'Z NQ �i , 203 by Kevin Pogany, who is personally known to me. o is I HEREBY CERTIFY that a true and correct copy of the above and for oing Order has been furnished by regular mail to Respondents and/or Respondent's counsel. i `iiar° KATHLEEN CAPETILLO 4ffilip itapkiliko..elerk to the Special Magistrate ?� • „* .1 Notary Public • State of Florida Commission f HH 160149 ..,o. n. My Comm. Expires Aug 2, 2025 Bonded through National Notary Assn.