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18-00114144 - Edgewater Land Co - 91 W Indian River Boulevard EDGEWATER CODEENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 18-00114144 a municipal corporation Citation No. 5361 Petitioner, VS. EDGEWATER LAND CO LLC Respondent. THIS CAUSE came before the undersigned Special Magistrate on September 5, 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 (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: 91 W INDIAN RIVER BLVD, EDGEWATER, FL 32132 Short Parcel ID: 8402-55-00-0020 Legal Description: LOT 2 EXC NEW R/W FOR ST RD 442 IN W 26.01 FT ON SIL OF S 26.00 FT ON WIL ECKERD AT EDGEWATER SUB MB 47 PGS 8 & 9 PER OR 5633 PG 954 PER OR 6454 PG 1741 PER OR 6862 PG 1444 PER OR 7174 PG 2043 PER OR 7380 PG 1337-1339 INC On July 30. 2018.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. 21-210.02 Fire & Life Safety Standards 2. That on August 1. 2018, said Code Enforcement Officer notified the above-captioned individual of said violations and gave the above-captioned individual until August 13 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 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. 5. That on September 5. 2018, a hearing was held pursuant to Section 162.07, Florida Statue. Page 11 Case No. 18-00114144 6. That on basis of the testimony at the hearing on September 5. 2018, this Special Magistrate found the following conditions existed at the above-described property. Section 21-210.02 Fire&Life Safety Standards. II. CONCLUSION OF LAW 7. Between August 1 2018 and September 5. 2018, the above-captioned Individual and/or entity has violated the following Sections of the City Code: Section 21-210.02 Fire&Life Safety Standards. III. ORDER B. 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 the above-captioned individual and/or entity shall be subject to a fine up to $50.00 per day for each and every day the said violation(s) continues past September 12. 2018, or until further order of this Special Magistrate. 10. It is the further Order of the Special Magistrate that Edgewater Land Co LLC 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. 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 September 18, 2018. DONE AND ORDERED this September 5 2018. James D. Stokes Special Magistrate Page 12 Case No. 18-00114144 Kelsey Arcieri From: Kevin Pogany Sent: Wednesday, September 12,2018 10:21 AM To: Robin MatusiciC Kelsey Arcieri Subject: code case 18-00114144 91 W Indian River Blvd This violation has been brought into compliance and the citation has been paid. No lien is required for this case. KevG+vPoga-ty Code Enforcement Officer City of Edgewater PO Box 100 Edgewater, FL 32132-0100 (386) 424-2400 ext. 2210 Koogany(cDcitvofedaewater.org The City of fdoewateris governed by the State of Honda oubl2'record5law This means that the information we recelve online indudtnp your e-mail address;mwht be disdosed to anvaerson makino a o blit ecords re2yest, If you have any ouesbon abo t the Honda public records law mferto Chapter 119 Honda Statut Under Horida taw, e-ma 1 addresses ffg oub/k records If you do not an[mr e- a 1 address released in msp a to a public records rep est do nat send electronic mail to this entity. Instead, confact this office by phone or in writino. 1 a City of Edgewater 5361 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) cityo edge mno 2) Contest the violation(s) at the scheduled hearing codeenforcement@cityofedgewaterorg CITATION referenced on the front. Date: 8/15/2018 Time: 1:25pm This citation is issued pursuant to Ordinance Sec 10- Case#: 18-001 14144 344.The civil fine set forth on the face of this citation 9 Name: Edgewater Land Co LLC must be paid prior to the Code Enforcement hearing Address:97 W. Indian River Blvd Edgewater, FL 32132 referenced below.It is your responsibility to contact the mail to: PO Box 460 Chicago Park, CA 95712 Code Enforcement Officer issuing this citation at (386) 8/1/2018 7:39am 424-2414 once the violation has been corrected. The Nature violation first observed: violation will be deemed to be in existence until the Nature of violation: Have your Ire s an pipe Code Enforcement Officer determines that the violation system tested and re-certified with a has been corrected. current inspection sticker 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: 21-210.02 Description: Fire& Life Edgewater,FL 32132 (2)Sec: Description: Safety Standards (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.o0 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 Get the fire standpipe system re-tested and Failure to appear at the hearing will indicate that certified with a current sticker. Contact us you have waived your right to contest the violation when corrected t0 stop the dally fines. and an order may be entered against you for the Signature of owner/tenant maximum applicable penalties that include but not rvm an admis:im,of guar limited to administrative costs,fines,daily fines and Willful refusal m a anpt atd sign this citation is a second degme misdemeanor liens. F8162.21(6)]75.082 715.083 Method of notice: Hand Delivered Code Enforcement Officer: Officer K. Pogany READ THE REVERSE SIDE FORESSENTIALINFORMATION The Code Enforcement hearing has been scheduled for: Date: September 5, 2018 Time: 1:0opm This hearing is held at 104 North Riverside Dr,Edgewater Whit-Co4 BwN Yellow-City Hatl PiN Co Fle G W-0—nrenom