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22-117806A&B - New BW Inc - 100 Whaler Way7/18/2022 7:09:08 AM Instrument #2022166366 #1 Book:8284 Page:821 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, VS. New BW Inc. Respondent. Case No. 22-117806 A Citation No. 5793 THIS CAUSE came before the undersigned Special Magistrate on June 9. 2022 after due notice of noncompliance to the Respondent, The Special Magistrate, after having heard testimony cinder 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: 100 Whaler Way Edgewater, FL Short Parcel ID: SS3711000010 Legal Description: LOTS 1 TO 4 INC & RIP RTS RIVERFRONT FSTS M6 19 PC 18 PER OR 4110 PG 0297 On June 9. 2022, 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.11-2 Business Tax Receipt That on June 9, 2022, 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 June 9, 2022, a hearing was held pursuant to Section 162.07, Florida Statute. That on basis of the testimony at the hearing on June 9, 2022, this Special Magistrate found the following conditions existed at the above-described property. Section 11-2 Business Tax Receipt. Page 11 Case No. 22-117806 A In -Compliance Citation Paid ❑ Daily Fines Instrument #2022166366 #2 Book:8284 Page:822 II. CONCLUSION OF LAW 6. Between June 2. 2022 and June 9. 2022, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 11-2 Business Tax Rmiot, 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 Cade. 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 00 per day for each and every day the said violation(s) continues past June 19, 2022, or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that New BW Inc. 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 qty Code. 10. The respondent is subject to a citation fine of $150.00, DONE AND ORDERED this June 9.2022. Jacob Schumer Special Magistrate ***iT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 22-117806 A Instrument #2022166366 #3 Book:8284 Page:823 Laura E. Roth, Volusia County Clerk of Court 5 EDGEWATER CERTIFICATION 1, Bonnie Zlotnik, CMC, City CIerk 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. 22-117806A - THE CITY OF EDGEWATER, FLORIDA vs. NEW BW INC, 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 13`x' day of July, 2022. Bonnie Zlotnik, 'W City Clerk Office of'the City Clerk P.O. Box 100 * Edgewater, FL 32132-0100 (386) 424-2400 Ext. 1102 * Fax (386) 424-2410 www. cityofedgewater. org 7/18/2022 7:09:08 AM Instrument #2022166370 #1 Book:8284 Page:833 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, VS. New BW Inc. Respondent. Case No. 22-117806 B Citation No. 5793 THIS CAUSE came before the undersigned Spec al Magistrate on June 9, 2022 after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard testimony un = er 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 fol lows : I. FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 100 Whaler Way Edgewater, FL Short Parce# ID: 853711000010 Legal Description: LOTS 1 TO 4 INC & RIP RTS RIVFRFRONT ESTS MB 19 PG 18 PER OR 4110 PG 0297 On June 9, 2022, 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.11-09 Certificate of Use 2. That on June 9 2022, 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. That on June 9, 2022, a hearing was held pursuant to Section 162,07, Florida Statute. That on basis of the testimony at the hearing on June 9, 2022, this Special Magistrate found the following conditions existed at the above-described property. Section 11-09 Certificate of Use. Page I 1 Case No. 22-117806 B E In -Compliance ❑ Citation Paid ❑ Daily Fines Instrument #2022166370 #2 Book:8284 Page:834 II. CONCLUSION OF LAW 6. Between June -9,M2 and June 9. 2022, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 11-09 Certificate of Use. 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 June 19. 2022, or until further order of this Special Magistrate. 9. It Is the further Order of the Special Magistrate that New BW Inc. 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 $150.00. DONE AND ORDERED this June 9, 2022, Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 22-117805 B Instrument #2022166370 #3 Book:8284 Page:835 Laura E. Roth, Volusia County Clerk of Court ,PpGEWATLR 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. 22-117806B - THE CITY OF EDGEWATER, FLORIDA vs. NEW BW INC,. 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 13`x' day of July, 2022. Bonnie Zlotnik, C City Clerk Office of the City clel-k 11.0. Box 100 e Edgewater, FL 32132-0100 (386) 424-2400 Ext, 1102 • fax (386) 424-2410 www. cr'tyofedgewater. arg