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18-00114032 - Realty Income Properties - 2798 S Ridgewood Avenue 1/4P201910:44:53 AM Instrument#20190023115#1 Book:7641 Page:3615 EDGE WATE$ CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 18-00114032 a municipal corporation Citation No. 6163 Petitioner, W. REALTY INCOME PROPERTIES, 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,//eceived evidence and heard arguments of counsel (if any), the Respondent being -4 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: 2798 S RIDGEWOOD AVE. EDGEWATER, FL 32141 Short Parcel ID: 8402-64-00-0010 Legal Description: LOT 1 DOLLAR GENERAL EDGEWATER MB 55 PGS 105-106 INC PER OR 6481 PG 2032 PER OR 6641 PG 2442 PER OR 6641 PG 2447 PER OR 6951 PG 4217 On June 26. 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. 21.34.05 Refuse And Dumpster 2. That on June 26. 2018, said Code Enforcement Officer notified the above-captioned individual of said violations and gave the above-captioned individual until luly 26. 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. 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 21-34.05 Refuse and Dumoster. Page 11 Case No. 18-00114032 Instrument#2019002385#2 Book:7641 Page:3616 II. CONCLUSION OF LAW 7. Between lune 26. 2018. and September 5. 2018 the above-captioned individual and/or entity has violated the following Sections of the City Code: Section 21-34.05 Refuse and Dumpster. 111. 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 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. 2018or until further order of this Special Magistrate. 10. It is the further Order of the Special Magistrate that Realty Income Properties. 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. 11. It is the further Order of the Special Magistrate that this case shall be review at the Hearing on 5eptember 5 2018if the property located at the above-mentioned individual and/or entity is subject to a citation fine of V5.00. 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 September 18, 2018 DONE AND ORDERED this September S. 2018. James D. Stokes Special Magistrate Page 12 case No. 18-00114032 Instrument#2019002385#3 Book:7641 Page:3617 Laura E. Roth,Volusia County Clerk of Court 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 Special Magistrate Order Imposing Fine/Lien for Case 918-00114032 -THE CITY OF EDGEWATER, FLORIDA vs REALTY INCOME PROPERTIES, LLC, as it appears in the public Records of the City of Edgewater,Florida. IN WITNESS WHEREOF, I have set my hand and the seat of the City of Edgewater, Florida,on this 5th day of October,2018. �'c 7k Y ca8; , nr:nk Robin LRobin L.Matusick —� City Clerk/Paralegal SEAL Orfim of the City CI k1Par Ic=I P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext.1102•Fax(3 96)424-2410 www.ciryofMgewarer.org