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18-00114033 - Chapman, Nona Moore - 1821 Kumquat Drive 1/4/2019 10:44:53 AM Instrument#2019002386#1 BooK:7641 Page:3618 EDGEWATER CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN CONDEMNATION FINAL ORDER THE CITY OF EDGEWATER, FLORIDA, Case No. 18-00114033 a municipal corporation Citation No. 5358 Petitioner, W. NONA MOORE CHAPMAN Respondent. THIS CAUSE came before the undersigned Special Magistrate on August 1. 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: 1821 KUMOUAT DR,EDGEWATER. FL 32132 Short Parcel ID: 8402-01-00-8990 Legal Description: LOTS 899 &900 BLK 30 FLORIDA SHRS NO 2 REVISED PLAT MB 23 PG 103 PER OR 3890 PG 2784 PER D/C 5937 PG 4397 PER OR 6157 PGS 0892-0893 On June 27, 2018. said Code Enforcement Officer became aware of the following violedon(s) of the Land Development Code/Code of Ordinances of the City of Edgewater. Violation Detail 10-138 UninhabitablelDilapidated/Unsafe/Unsanitary Building That on June 27. 2018,said Code Enforcement Officer notified the above-captioned individual of said violations and gave the above-captioned individual until the July 7. 2018to correct the violations. 2. That said violations)described in paragraph above continued beyond the time specified for correction by the Code Enforcement Officer requested a hearing. 3. 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. 4. That on August 1 2018,a hearing was held pursuant to Section 162.07, Florida Statue. 5. That based on the testimony at the hearing on Auggg 1 2018 this Special magistrate found the following conditions existed at the above-described property. Section 10-138 Uninhabitable/Dilapidated/Unsafe/Un nitary Building. Page 11 Case No.18-00114033 Instrument#2019002386#2 Book:7641 Page:3619 II. CONCLUSION OF LAW 6. Between June 27. 2018. and August 1. 2018, the above-captioned individual and/or entity has violated the following Sections of the City Code: Section 10-138 Uninhabitable/Dilapidated/Unsafe/Unsanitary Building III. ORDER 7. It is the Order of the Special Magistrate that the abovetaptioned individual and/or entity shall take such action as is necessary to come into compliance with the City Code. 8. It is the further Order of the Special Magistrate that the above-captioned individual and/or entity shall be subject to a One up to $50.00 per day for each and every day the said violation(s) continues past August 1 2018 or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that Nona Moore Chapman 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 shall be reviewed at the Hearing on August 2018, and the property located at the above-mentioned individual and/or entity is subject to a citation fine of $75,00. 11. It is the further Order of the Special Magistrate that the property located at the above-mentioned individual and/or entity is subject to Condemnation and the owner is to demolish and remove the structure or to repair the structure in a state of sound repair before September 15,2018. 12. It is the final Order of the Spedal Magistrate that the structure be demolished and removed by the City after September 15. 2018 and that the City Council shall direct the City Clerk to place the actual costs including administrative fees as a municipal special assessment lien upon the property. 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 August 1. 2018. DONE AND ORDERED this August 1. 2018 James D. Stakes Special Magistrate A TRUE AND CORRECT certified copy of the foregoing Findings of Facts,Conclusion of Law and Order has,open turn isheyf pyo rti� Mail to the Respondent, Nona Moore Chapman, 238 Main St. Huntington, VJV 25702 on this�l'" day of -1"111 �L 2018. Jeff Lans n cement tupervisor Page 12 Case No. 18-00114033 Instrument#201 9 00238 6#3 Book:7641 Page:3620 Laura E. Roth,Volusia County Clerk of Court EDG , TER 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/Lim for Case #18-00114033 -THE CITY OF EDGEWATER, FLORIDA vs NONA MOORE CHAPMAN, 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 5th day of October,2018. •X Robin L.Matuswk City Clerk/Paralegal SEAL . v Office of the City Clerk/Paraleeal P.O.Box 100•Edgewater,F1,32132-0100 (386)424-2400 Ext. 1102•Fax(386)424-2410 mpr .cityofedgmarer.org City of Edgewater 5358 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)424-2414Exc.2210 codeenforcement@cityofedgewatenorg 2)Contest the violation(s) at the scheduled hearing CITATION referenced on the front. Date: 7/13/2018 Time: 9:25am This citation is issued pursuant to Ordinance Sec 10- Case#: 18-00114033 344.The civil fine set forth on the face of this citation Name: Chapman Nona Moore must be paid prior to the Code Enforcement hearing Address:1821 Kumquat Dr Edgewater, FL 32132 referenced below. It is your responsibility to contact the mail to: 238 Main St Huntington, VW 25702 Code Enforcement Officer issuing this citation at(386) 8/27/2018 8:38am 424-2414 once the violation has been corrected. The Nature of violation: This home as ellen aterme violation fust observed: violation will be deemed to be in existence until the N Code Enforcement Officer determines that the violation condemned and is being scheduled for has been corrected. demolition. The owner of the property is responsible for the cost of the demolition. The fine(s)may be paid in person at Edgewater City pa rcel#: 84U2-U1-UU-899U 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: 10-138 Description: Unihabtitable, Edgewater, FL 32132 (2)Sec: Description: Dilapidated, Unsafe (3)Sec: Description: or Unsanitary Payment of the fine(s) will be deemed as an admission (4)Sec: Description: Building 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 lien will be placed on the property for all Failure to appear at the hearing will indicate that the-costs associated with the demotion. you have waived your right to contest the violation and an order may be entered against you for the Signature of owner/tenant: maximum applicable penalties that include but not Nol en afmiss;.or,tifl, limited to administrative costs,fines,daily tines and WHIM.6W m i,mv. 6d6.. „.,.-.d liens. FS162.21(6)715.082 775.083 Method ofnotice: post/mail Code Enforcement macer: Officer K. Pogany READTHEREVERSE SIDE FOR ESSENTIALINFORMATION The Code Enforcement hearing has been scheduled for: Date: August 1, 2018 Time: 100pm This hearing is held at 104 North Riverside Dr,Edgewater Whit-CM HB J Ylil -City H91 F.-CM H. G.W.O rcMmm