23-119932 - Demabry Holdings Inc - 3304 Kumquat Drive1/24/2024 2:23:49 PM Instrument #2024014935 #1 Book:8510 Page:447
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE
THE CITY OF EDGEWATER, FLORIDA,
a municipal corporation
Petitioner,
VS.
Demabry Holdings Inc.
Respondent
Case No. 23-119932
Citation No. 5114
THIS CAUSE came before the undersigned Special Magistrate on November 9 2023
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 ®V 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: 3304 Kumquat Dr. Edgewater, FL
Short Parcel I'D: 840201085340
Legal Description: LOTS 8534 8535 8536 BLK 263 FLORIDA SHORES NO 9 MB 23 PG
134 PER OR 3915 PG 4129 PER OR 8128 PG 4766 PER OR 8392 PG 0962
On October 13, 2023, 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 October 13, 2023, 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 November 9 2023, a hearing was held pursuant to Section 162.07, Florida
Statute.
5. That on basis of the testimony at the hearing on November 9. 2023, this Special
Magistrate found the following conditions existed at the above-described property.
Section 21-53.02 Permit Authority.
Page Ii Case No. 23-119932
In -Compliance
Cl Citation Paid
Instrument #2024014935 #2 Book:8510 Page:448
II. CONCLUSION OF LAW
6. Between October 13. 2023, and November 9. 2023, the above -captioned individual
and/or entity has violated the following Sections of the City Code: Section 21-53.02
Permit Authority.
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 November 19, 2023, or until further order of this
Special Magistrate.
9. It is the further Order of the Special Magistrate that Demabry Holdings 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 November 9, 2023.
Jacob Schumer
Special Magistrate
***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT
WHEN THE VIOLATION IS CORRECTED**
Page 12 Case No. 23-119932
Instrument #2024014935 #3 Book:8510 Page:449 Laura E. Roth, Volusia County Clerk of Court
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1, 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. 23-119932 - THE CITY OF EDGEWATER, FLORIDA
vs. DEMABRY HOLDINGS 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 sea] of the City of Edgewater,
Florida, on this 22"a day of January, 2024.
SEAL
Office of the City Clerk
P.O. Box 100 • Edgewater, FL 32132-0100
(3 86) 424-2400 Ext. 1102 • Fax (3 86) 424-2410
w Y v. citygfe dgewater. DYE,;