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23-119022 - Realty Income Property 13 LLC - 2798 S Ridgewood Avenue6/19/2023 11:11:47 AM Instrument #2023125122 #1 Book:8422 Page:838 CITY OF EDGEWATER, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, CASE NO.: 23-119022 Repeat Petitioner, VS. Realty Income Property 13 LLC, Owner Respondent, ORDER IMPOSING ADMINISTRATIVE FINE/LIEN THIS CAUSE came on for public hearing before the undersigned Magistrate on April 13, 2023 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 April 23, 2023 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 $150 to the City of Edgewater. An Affidavit of Non -Compliance for an inspection performed on May 11, 2023, 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 April 13, 2023 Sec. 21-34.05 Refuse and Dumpsters. Said fine shall be in the amount of $200.00 per day, beginning on April 24.2023 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 $150. It is also the Respondents responsibility to notify Code Enforcement when the property is in compliance to end the Daily Fines. The land on which the violation is the subject matter of this cause, located at 2798 S Ridgewood Ave., is described as follows: PARCEL #: 840264000010 PROPERTY DESCRIPTION: LOT 1 DOLLAR GENERAL EDGEWATER MB 55 PGS 105-106 INC PER OR 6481 PG 2032 PER OR 6641 PG 2442 PER OR 6641 PG 2447 PER OR 6951 PG 4217 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 Instrument #2023125122 #2 Book:8422 Page:839 owned by the Respondent. If Respondent wishes to challenge the amount of the fine and resulting lien, the Respondent may request a hearing before the Code Enforcement Special Magistrate. The request shall be delivered in writing and stamped received, or sent certified mail within twenty (20) days of the date of this Order to Administrative Assistant 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 11 day of May, 2023, 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 a§6ve and foregoing Order has been furnished by certified mail to Respondent and/or Respondent's authorized counsel at the following address: 2798 S Ridgewood Ave., Edgewater, Florida on this 11 day of May, 2023. CERTIFIED {a°�jSc�IG• KAT4! ecti C- ETJ Nota C_C rY �,SSIO • St -re Of c ortca 4 160 MY cc -m- -X:ires A.,9 3111eC through vatiera• y g; . 2025 the Special Magistrate City of Edgewater PO Box 100 Edgewater, FL 32132 (3 86) 424-2400 ext. 2210 Instrument #2023125122 #3 Book:8422 Page:840 Laura E. Roth, Volusia County Clerk of Court 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. 23-119022 -THE CITY OF EDGEWATER, FLORIDA vs. REALITY INCOME PROPERTY 13 LLC, 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 15" day of June, 2023. SEAL Office of the City Clerk P.O. Box 100 • Edgewater, FL 32132-0100 (386) 424-2400 Ext. 1 102 • Fax (386)424-2410 wxviv. eityofedgewaler. org