Loading...
23-119991 - Benoit, Diane & John - 3014 Unity Tree Drive1/24/2024 2:23:48 PM Instrument #2024014933 #1 Book:8510 Page:441 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, vs. Diane and John Benoit Respondent Case No. 23-119991 Citation No. 6209 THIS CAUSE came before the undersigned Special Magistrate on December 14, 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 ® 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: 3014 Unity Tree Dr. Edgewater, FL Short Parcel ID: 840201145850 Legal Description: LOTS 14585 & 14586 BLK 470 FLORIDA SHORES NO 25 MB 19 PG 245 PER OR 4387 PG 1714 PER OR 5562 PG 0770 PER OR 7055 PG 0660 PER OR 7959 PG 1067 On October 25, 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.10-82 Commercial Vehicle in Residential Property 2. That on October 2S, 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 December 14, 2023, a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on December 14, 2023, this Special Magistrate found the following conditions existed at the above-described property. Section 10-82 Commercial Vehicle in Residential Property_. Page 1 Case No. 23-119991 In -Compliance El Citation Paid iii Instrument #2024014933 #2 Book:8510 Page:442 II. CONCLUSION OF LAW 6. Between October 25. 2023, and December 14. 2023, the above -captioned Individual and/or entity has violated the following Sections of the City Code: Section 10-82 Commercial Vehicle in Residential Pronertv. 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 0:00 per day for each and every day the said violation(s) continues past December 29. 2023or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that Diane and John Benoit and/or entity, upon complying shall notify the Code Enforcement Officer, who shall make an inspection and notify the Spedal 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 December 14, 2023, Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 23-119991 Instrument #2024014933 #3 Book:8510 Page:443 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. 23-119991 - THE CITY OF EDGEWATER, FLORIDA. vs. DIANE AND JOHN BENOIT owner as it appears in the Public Records of the City of Edgewater, Florida. IN WETNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida, on this 22"a day of January, 2024.. Office of the City Clerk P.O. Box 100 • Edgewater, FL 321352-0100 (386) 424-2400 Ext. 1 102 • Fax (3 86) 424-2410 wiviv.c tt'nfedgeivaler,org