15-00109923 - Malone, Michael J - 2813 Victoria Palm Drive 3/15/2018 11:53:44 AM Instrument#2018053066#1 Book:7519 Page:4577
44:41,
EDGEWATER
ir
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINEJLIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 15-00109923
a municipal corporation Citation No. 5687
Petitioner,
vs.
MICHAEL7 MALONE
Respondent
THIS CAUSE came before the undersigned Special Magistrate on February 8, 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 X being _not being present, there upon issues this Findings of Fact, Condusion of
Law and Order as follows:
I. FINDINGS OF FACT
1. The Respondent is the owner of the property described as follows:
Address: 2813 VICTORY PALM DR, EDGEWATER, FL 32141
Short Parcel ID: 8402-01-12-9480
Legal Description: LOTS 12948 & 12949 BLK 416 FLA SHRS NO 20 MB 19 PG 240
PER 0 R 5185 PG 632 PER OR 5390 PGS 2915-2916 PER D/C 5390 PG 2911 PER OR
5390 PG 2920 PER OR 5436 PG 1745
On the May 20, 2015,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. 21-52.02 Access/Driveways
2. That on May 20, 2015, said Code Enforcement Officer notified the above-captioned
individual of said violations and gave the above-captioned individual until the
February 8,2018, to correct the violations.
3. That said violation(s) described in paragraph above continued beyond the time
specified for correction by the Code Enforcement Officer requested a hearing.
4. That the Code Enforcement Officer, through its derical staff, scheduled a hearing
and written notice of such hearing was hand-delivered, mailed, or posted as provided
by Section 162.12, Florida Statue.
5. That on the February 8, 2018, a hearing was held pursuant to Section 162.07,
Florida Statue.
6. That on basis of the testimony at the hearing on the February 8, 2018, this Special
Magistrate found the following conditions existed at the above-described property.
Sec. 21-52.02 Access/Driveways
Page I 1 Case No. 15-00109923
Instrument#2018053066#2 Book:7519 Page:4578
II. CONCLUSION OF LAW
7. Between the May 20. 2015, and the February B. 2018, the above-captioned
individual and/or entity has violated the following Sections of the City Code: Sec. 21-
52.02 Access/Driveways
III. ORDER
8. 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.
9. It is the further Order of the Special Magistrate that Michael 1 Malone 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. It is the further Order of the Special Magistrate that this case sha'I be review at the
Hearing on February 8, 2018, if the property located at the above-mentioned
individual and/or entity is subject to a station fine of$75.00 extended until February
23, 201B.
Based on the above Findings of Fact, Conclusions of Law, the Special Magistrate hereby orders
that the Respondent comply with all the rules set forth as stated in Florida Statute 767.12 by the
February 8. 2018.
DONE AND ORDERED this February 8,2018.
/ Names D. Stokes
Special Magistrate
Page 12 Case No.15-00109923
Instrument#2018053066#3 Book:7519 Page:4579 Laura E. Roth,Volusia County Clerk of Court
Gy u' -e'—
EDGEWATER
CERTIFICATION
I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the Citizen Code Enforcement Board Order
Imposing Fine/Lien for Case #15-00109923 - THE CITY OF EDGEWATER, FLORIDA vs
MICHAEL J Iv1ALONE,as it appears in the public Records of the City of Edgewater, Florida.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater,
Florida,on this 15th day of March,2018.
Robin L. Matusick
City Clerk/Paralegal
SEAL
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Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1102•Fax(386)424-2410
www.cityofedgewater.org
City of Edgewater
Code Enforcement Division -J 7
PO Box 100
1605 S. Ridgewood Ave., Edgewater, FL 32132
(386)424-2414 j
codeenforcement@cityofedgewater.org
CITATION
Date: Time:
Case#:
Name:
Address:
Date/Time violation first observed:
i Nature of violation:
Violation(s) of Land Development Code/Code of
Ordinances;
(1) Sec: Description:
T
(2)Sec: Description: A
(3) Sec: Description:
(4)Sec: __Description:
Civil fine(violation 1)$
Civil fine(violation 2)$
i Civil fine(violation 3)$
Civil fine(violation 4)$
The violation(s)may be corrected in the following manner:
I
Signature of owner/tenant:
Not an admission of guilt.
Willful refusal to accept and sign this citation is a second degree misdemeanor.
FS162.21(6)775.082 775:083
Method of notice:
Code Enforcement Officer:
READ THE RAE SIDE FOR ESSENTIAL INFORMATION
The Code Enforcement hearing has been scheduled for:
Date:
Time:
This hearing is held at 104 North Riverside Dr,Edgewater. II
— White-Code Board Yellow-Cry Hall Pink-Code File Gold-Owner/tenant
5687
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) 424-2414 Ext:.2210
codeenforcement@cityofedgewater.org 2) Contest the violation(s) at the scheduled hearing
CITATIONreferenced on the front.
Date:
1/27/2018 Time: 1 :55pm This citation is issued pursuant to Ordinance Sec 10-
Case#: 15-00109923 344.The civil fine set forth on the face of this citation
Name: Malone Michael J must be paid prior to the Code Enforcement hearing
referenced below. It is your responsibility to contact the
Address:2813 Victory Palm Dr Edgewater, FL 32141
parcel #: 8402-01-12-9480 Code Enforcement Officer issuing this citation at(386)
5/20/2015 2:34pm 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: No driveway apron, a
Code Enforcement Officer determines that the violation
permanent constructed driveway apron has been corrected.
needs to be installed. You will need a
permit before installing it. 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: 21-52.02 Description: Access/Driveways 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 fine(s) and correct the violation(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
Civil fine(violation 4)$ before the Code Enforcement Board or Special
The violation(s)may be corrected in the following manner: Magistrate.
Pay the citation before the hearing date. A
driveway apron needs to be installed. Failure to appear at the hearing will indicate that
Contact us when corrected to stop any you have waived your right to contest the violation
daily fines. and an order may be entered against you for the
Signature of owner/tenant: maximum applicable penalties that include but not
Not an admission of guilt. limited to administrative costs,fines,daily fines and
Willful refusal to accept and sign this citation is a second degree misdemeanor. liens.
FS 162.21(6)775.082 775.083
Method of notice: post/mail
Code Enforcement Officer. Officer K. Pogany
READ THE REVERSE SIDE FOR ESSENTIAL INFORMATION
The Code Enforcement hearing has been scheduled for:
Date: February 8, 2018 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater.
White-Code Board Yellow-City Hall Pick-Code File Gold•Ownertrensnt