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22-118316 - Majestic Oaks Phase IV HOA - 401 Three Oaks Drive1/13/2023 1:45:08 PM Instrument #2023008522 #1 Book:8356 Page:4595 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, vs. Majestic Oaks Phase IV HOA Respondent Case No. 22-118316 Citation No. 5213 THIS CAUSE came before the undersigned Special Magistrate on December 8, 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: FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 401 Three Oaks Dr. Edgewater, FL Short Parcel ID: 840265000010 Legal Description: 2-18-34 LOT 1 MAJESTIC OAKS PHASE IV MB 63 PGS 93-96 On October 21, 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.10-98 Property Maintenance 2. That on October 21, 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 162.1.2, Florida Statute, 4. That on December 8, 2022, a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on December 8, 2022, this Special Magistrate found the following conditions existed at the above-described property. Section -10-98 Property Maintenance. Page 1Cse No. 22-118316 Yin' -Compliance Citation Paid DBatly-Fires Instrument #2023008522 #2 Book:8356 Page:4596 I1. CONCLUSION OF LAW 6. Between October 21, 2022, and December 8. 2Q22the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 10-98 Property Maintenance. 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 Qty 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 $100.00 per day for each and every day the said violation(s) continues past January 15, 2022. or until further order of this Special Magistrate. 9. It Is the further Order of the Special Magistrate that Majestic Oaks Phase IV HOA 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 VS.00. DONE AND ORDERED this December 8. 2022. Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 22-118316 Instrument #2023008522 #3 Book:8356 Page:4597 Laura E. Roth, Volusia County Clerk of Court r�rYor F,Ii) GE WATER I, Bonnie Zlotnik, CMC, City Cleric 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. 22-118316 - THE CITY OF EDGEWATER, FLORIDA vs. MAJESTIC OAKS PHASE IV HOA, 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"' day of January, 2023. OlTice of 6 he ('6 4 IC11% P.O. Box 100 • Edgewater, FL 32132-0100 (3 86) 424-2400 Ext. 1102 + Fax (386) 424-2410 wwvv. chyafetlgewater. 01-g