17-00113138 - Rivera, Katherine & Audiffred, Andy - 2109 Juniper Drive 2/14/2018 3:55:32 PM Instrument#2018030423#1 Book:7507 Page:2960
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EDGEWATER
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 17-00113138
a municipal corporation Citation No. 6099
Petitioner,
vs.
KATHERINE RIVERA&ANDY AUDIFFRED
Respondent.
THIS CAUSE came before the undersigned Special Magistrate on January 11, 2018 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 X 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: 2109 JUNIPER DR, EDGEWATER, FL 32141
Short Parcel ID: 8402-01-07-2410
Legal Description: LOTS 7241 & 7242 BLK 233 FLORIDA SHORES NO 7 MB 23 PG
131 PER OR 4466 PG 1034 PER OR 5327 PG 2654 PER OR 5571 PG 0259
2. On the October 23, 2017, said Code Enforcement Officer became aware of the
following violation(s) of the Land Development Code/Code of Ordinances of the City
of Edgewater.
3. That on October 23, 2017, said Code Enforcement Officer notified the above-
captioned individual of said violations and gave the above-captioned individual until
the November 2, 2017, to correct the violations.
4. That said violation(s) described in paragraph above continued beyond the time
specified for correction by the Code Enforcement Officer requested a hearing.
5. 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 Statue.
6. That on the January 11, 2018, a hearing was held pursuant to Section 162.07,
Florida Statue.
7. That on basis of the testimony at the hearing on the January 11, 2018, this Special
Magistrate found the following conditions existed at the above-described property.
Sec. 10-239 Temporary storm protection
Page I 1 Case No. 17-00113138
Instrument#2018030423#2 Book:7507 Page:2961
II. CONCLUSION OF LAW
8. Between the October 23, 2017, and the January 11, 2018, the above-captioned
individual and/or entity has violated the following Sections of the City Code: Sec. 10-
239 Temporary storm protection
III. ORDER
9. 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.
10. It is the further Order of the Special Magistrate that Katherine Rivera & Andy
Audiffred 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.
11. It is the further Order of the Special Magistrate that this case shall be review at the
Hearing on January 11, 2018, if the property located at the above-mentioned
individual and/or entity is subject to a citation fine of$75.00.
Based on the above Findings of Fact, Conclusions of Law, the Special Magistrate hereby orders
that the Respondent comply with all the rules set forth as stated in Florida Statute 767.12 by the
January 11, 2018.
DONE AND ORDERED this January 11. 2018.
James D. Stokes
Special Magistrate
STATE OF FLORIDA
COUNTY OF VOLUSIA
•
th
Subscribed before me this _ day of -ot r y, 20j.personally known to me and did
not take an oath.
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Notary Public
(SEAL)
KELSEYD.ARCfERI
LT. al Commission#GG 132663
s_4Expires August 8,2021
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Page 12 Case No. 17-00113138
Instrument#2018030423#3 Book:7507 Page:2962 Laura E. Roth,Volusia County Clerk of Court
city.1
ILEDGEWATER
it
CERTIFICATION
I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the Citizen Code Enforcement Board Order
Imposing Fine/Lien for Case #17-00113138 - THE CITY OF EDGEWATER, FLORIDA vs
KATHERINE RIVERA & ANDY AUDIFFRED, as it appears in the public Records of the City
of Edgewater, Florida.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater,
Florida,on this 12th day of February,2018.
Robin L.Matusick
City Clerk/Paralegal
SEAL
f / `
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4 C
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1102•Fax(386)424-2410
www.cityofedgewater.org
F ti a
City of Edgewater
Code Enforcement Division 6 •u 9 9
PO Box 100
1605 S. Ridgewood Ave.,Edgewater,FL 32132
(386) 424-2414
codeenforcement@cityofedgewater.org
CITATION
Date:
Time:
Case#:
Name:
Address:
Date/Time violation first observed:
Nature of violation:
Violation(s)of Land Development Code/Code of
Ordinances;
(1)Sec: Description:
(2)Sec: Description:
(3)Sec: Description:
(4)Sec: Description:
Civil fine(violation 1)$
Civil fine(violation 2)$
Civil fine(violation 3)$
Civil fine(violation 4)$
The violation(s)may
be corrected in the following manner:
f �
Signature of owner/tenant:
Willful refusal to acceptNot an admission of ilt.
and sign this citation is a second degree misdemeanor.
F Willful 775.082 775.083
Method of notice:
Code Enforcement Officer:
READ THE REVERSE SIDE FOR
The Code Enforcement hearing has
Date:
has been scheduled for:
Time:
This hearing is held at 104 North Riverside Dr,Edgewater.
White-Code Board Yellow-City Hall Pink-Code File Gold-Owner/Tenant
=' 6099
_ - City of Edgewater
Code Enforcement Division UPON RECEIPT OF THIS CITATION YOU MAY
PO Box 100 ELECT TO:
1605 S.Ridgewood Ave.,Edgewater,FL 32132 1)Correct the violation and pay the civil fine(s);or
(386)424-2414EXt .2210
2)Contest the violation(s)at the scheduled hearing
codeenforcement@cityofedgewater.org
CITATIONreferenced on the front.
Date: 11-13-17 .rime: 9:57am This citation is issued pursuant to Ordinance Sec 10-
Case#: 17-113138 344.The civil fine set forth on the face of this citation
Name: Rivera Katherine & Auduffred Andy must be paid prior to the Code Enforcement hearing
Address:2109 Juniper Dr Edgewater Fl 32141 referenced below. It is your responsibility to contact the
Parcel# 8402-01-07-2410 Code Enforcement Officer issuing this citation at(386)
October 23,2017 8:OOam 424-2414 once the violation has been corrected. The
DatefTime violation first observed: violation will be deemed to be in existence until the
Nature of violation: Temporary storm protection
Code Enforcement Officer determines that the violation
0 still on windows. has been corrected.
The fine(s) may be paid in person at Edgewater City
Hall, 104 North Riverside Drive or by mail to:
Violation(s) of Land Development Code/Code of City of Edgewater
Ordinances; PO Box 100
(1)Sec: 10-239 Description: Temporary Storm Protection Edgewater, FL 32132
(2)Sec: Description:
(3)Sec: Description: Payment of the fine(s)will be deemed as an admission
(4)Sec: Description of the commission of the violation(s).Failure to pay
Civil fine(violation 1)$ $75.00 the fines) and correct the violatian(s)prior to the
Civil fine(violation 2)$ Code Enforcement hearing referenced on the front
Civil fine(violation 3)$ of the citation will result in the matter being heard
11 Civil fine(violation 4)$ before the Code Enforcement Board or Special
The violation(s)may be corrected in the following manner: Magistrate.
•
Pay fine to prevent hen
0 Remove storm shutters to prevent daily Failure to appear at the hearing will indicate that
fines. Contact Code Enforcement when you have waived your right to contest the violation
II complete. and an order may be entered against you for the
maximum applicable penalties that include but not
Signature of owner/tenant:
Not an admission of guilt. and
to administrative costs,fines,dailyfines and
Willful refusal to accept and sign this citation is a second degree misdemeanor. liens.
FS16221(6)775.082 775.083
Method of notice: Postai
Code Enforcement Officer. Hazelwood
READ THE REVERSE SIDE FOR ESSENTIAL INFORMATION
The Code Enforcement hearing has been scheduled for.
Date: December 14,2017 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater.
White-Code Board Yellow-City Hall Pink-Code File told-Owner/Tenant
ii