95-CE-0129 - Bowering, David - Lots 27 - 29 Inc Blk # Highland Shores Sec 1
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01/26/1996 12:40
Instrument # 96014660
Book: 4073
Page: 659
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
ORDER IMPOSING FINE/LIEN
CASE NO. 95-CE-0129
DAVID BOWERING
THIS CAUSE came on for a Repeat Violation Hearing before the City of Edge water Citizen
Code Enforcement Board on August 17, 1995, after due notice to the Violator, David Bowering, and
the Board having heard testimony under oath, received evidence, and heard arguments of counsel (if
any), thereupon issues its Order as follows:
1. On May 18, 1995, this Board issued A Findings of Fact, Conclusion of Law, and
Order determining that a violation of Section 717.03 of the Edgewater Zoning Ordinance had existed
previously on the property described as Lots 27 to 29 Inc Blk E Highland Shores Sec 1. The Violator
was ordered to refrain from future violations. The Violator was advised that failure to maintain his
premises in a reasonably clean and orderly manner may result in enforcement action as a repeat
violator under which circumstances the Board may levy a fine not to exceed five hundred and 00/1 00
dollars ($500.00) per day for each day the repeat violation continues, beginning with the date the
repeat violation is found to have occurred by the Code Enforcement Officer.
2. On July 6, 1995, the Acting Code Enforcement Officer determined that a repeat
violation of Section 717.03 existed on the property described above. On July 7, 1995, the Violator
was given notice of the repeat violation and the Repeat Violation Hearing scheduled for July 20,
1995. Pursuant to Section 162.06(3), Florida Statutes, the Code Enforcement Officer is not obligated
to give the Violator a reasonable time to correct the violation before setting it for hearing. On July
17, 1995, a letter was sent to the Violator informing him the hearing had been postponed until August
17,1995.
3. Based on the testimony of the Code Enforcement Officer, this Board determines that
the Violator has violated Section 717.03 of the Edgewater Zoning Ordinance, and that this is a repeat
of the violation found by the Board on May 18, 1995. Pursuant to the authority granted by Section
162.09, Florida Statutes, and after considering the gravity of the violation, any action taken by the
Violator to correct the violation, and any previous violations committed by the Violator, this Board
orders the Violator to pay a fine of ONE HUNDRED and 00/100 dollars ($ 100.00) beginning
AUGUST 10. 1995 and continue until the violation is abated.
Pursuant to Section 162.09, Florida Statues, and Section 2-56, Code of Ordinances,
Edgewater, Florida, this document may be recorded in the Public Records of Vol usia County, Florida,
and shall constitute a lien against the above described property and any other real or personal
property owned by the Violator.
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Book: 4073
Page: 660
Diane M. Matousek
Volusia County, Clerk of Court
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David Bowering
Case #95-CE-0129
Page -2-
DONE AND ORDERED this 17th day of August , 1995.
ATTEST:
CITYOFEDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
"B}r: ~c&~ '{\ ~~,~ \: r--
Donald A. Schmidt
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
~
CITY ATTORNEY
I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order
Imposing Fine/Lien has been furnished by mail to:
David Bowering
~84 Carlyle Court
Crofton, MD 21114-1404
\
c:\ceb\fmdings\95ceO 129
I HEREBY CERTIFY that the foregoing is an orginal of the Order Imposing
Fine/Lien adopted by the Citizen Code Enforcement Board on August 17, 1995.
014660
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~ 01/26/1996 12:40
CITY OF EDGEWATER Instrument # 96014661
CITIZENCODEENFORCEMENTBlM1MJlk: 4073
ORDER Page: 661
CASE NO. 95-CE-0129
DA VID BOWERING
THIS CAUSE came on for a Hearing before the City of Edgewater Citizen Code
Enforcement Board on September 21, 1995, at the request of Dorothy Coleman, authorized agent
of the Violator, David Bowering, and the Board having heard testimony under oath, received
evidence, and heard arguments of counsel (if any), thereupon issues its Order as follows:
1. On August 17, 1995, this Board issued an Order Imposing Fine/Lien determining that
a repeat violation of Section 717.03 of the Edgewater Zoning Ordinance had occurred on the
property described as Lots 27 to 29 Inc Blk E Highland Shores Sec 1 and ordering the Violator to
pay a fine of one hundred and 00/100 dollars ($100.00) per day for each day the violation continued
past August 10, 1995.
2. On August 29, 1995, the Code Enforcement Officer inspected the property and found
that the corrective action ordered by the Board had been taken. Since the fine began August 10,
1995, a one thousand nine hundred and 00/100 dollar ($1,900,00) fine accrued.
3. After hearing the testimony of the Violator, Dorothy Coleman, and the Code
Enforcement Officer, this Board determined that a reduction of the fine from one thousand nine
hundred and 00/100 dollars ($1,900.00) to nine hundred fifty and 00/100 dollars ($950.00) was
warranted in view of the Violator's plans to prevent a reoccurrence of the violation.
DONE AND ORDERED this 21st day of September, 1995.
ATTEST:
CITYOFEDGEWATER
OTIZEN CODE ENFORCEMENT BOARD
:t...
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-B~~~ \\ ~~~0"
Donald A. Schmidt
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
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Book: 4073
Page: 662
Diane M. Matousek
Volusia County, Clerk of Court
David Bowering
Case #95-CE-0129
Page -2-
I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order has
been furnished by mail to:
David Bowering
1484 Carlyle Court
Crofton,~ 21114-1404
-,::
cf: Dorothy Coleman, Broker
Meadow Real Estate, Inc.
620 E. Third Street
New Smyrna Beach, FL 32169
c:\ceblfmdings\9 5ceO 129.2
,
I HEREBY CERTIFY that the foregoing'is an original of the Orderr:adopted
by the Citizen Code Enforcement Board on September 21, 1995. -
0146(~1
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