Loading...
18-00114223A&B - McAtee, Marilyn - 2106 Umbrella Tree Drive 1/3/2019 1:43:18 PM Instrument#2019001589#1 Book:7641 Page:1361 EDGE WATER CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 18-00114223a a municipal corporation Citation No. 5366 Petitioner, VS. MARILYN MCATEE Respondent. THIS CAUSE came before the undersigned Special Magistrate on October 3. 2018 after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard testimony under oathreceived evidence and heard arguments of counsel (if any), the Respondent_ being I not being present,there upon issues this Findings of Fact, Conclusion of Law and Order as follows: T. FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 2106 UMBRELLA TREE DR. EDGEWATER, FL 32141 Short Parcel ID: 8402-01-04-0570 Legal Description: LOTS 4057 4056&5 112 OF LOT 4059 BLK 128 FLA SHORES UNIT 5 MB 23 PGS 107-108 INC PER OR 4121 PG 4658 PER DIC 6217 PG 2312 On August 31. 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 10-98 Property Maintenance Grsu s/Weeds 2. That on August 31. 2018, said Code Enforcement Officer notified the above- captioned individual of said violations and gave the above-captioned individual until September 10. 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 October 3. 2018 a hearing was held pursuant to Section 162.07, Florida Statue. 6. That on basis of the testimony at the hearing on October 3. 2018, this Special Magistrate found the following conditions eldsted at the above-described property. Section 10-98 Property Maintenance Grass/Weeds Page 1 Case No. 18-00114223 Instrument#20190015B9 42 Book:7641 Page:1362 II. CONCLUSION OF LAW 7. Between August 31, 2018, and October 3. 2018, the above-captioned individual and/or entity has violated the following Sections of the City Code: Section 10-98 Property Maintenance Grass/Weeds 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 the above-optioned 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 October 10. 2018, or until further order of this Special Magistrate. 10. It is the further Order of the Special Magistrate that Marilyn McAtee 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 October 3 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 October 18, 2018. DONE AND ORDERED this October 3. 2018 James D. Stokes Special Magistrate Page 12 Case No.18-114223a Instrument#2019001589#3 Book:7641 Page:1363 Laura E. Roth,Vol usia 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 #18-00114223A - THE CITY OF EDGEWATER, FLORIDA vs MARILYN MCATEE, as it appears in the public Records of the City of Edgewater,Florida. IN WITNESS WAEREOF, I have set my hand and the seal of the City of Edgewater, Florida,on this 9th day of October, 2018. Robin L. Matusick City Clerk/Paralegal SEAL 1 F, L Office of the ON Clerk/Paraleeal P.O.Box 100•Edgewater,FL 32132-0100 (396)424-2400 Ext.1102•Fax(396)424-2410 www.c11y*dgnv.1e,.g 1/3/2019 1:43:18 PM Instrument#2019001590#1 Book:7641 Page:1364 EI)GEWATER CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 18-DO114223b a municipal corporation Citation No. 5366 Petitioner, VS. MARILYN MCATEE Respondent. THIS CAUSE came before the undersigned Special Magistrate on October 3. 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_beingy—not being present, there upon issues this Findings of Fad, Conclusion of Law and Order as follows: I. FINDINGS OF FACT 1. The Respondent is the owner of the property described as follows: Address: 2106 UMBRELLA TREE DR EDGEWATER. FL 32141 Short Parcel ID: 8402-01-04-0570 Legal Description: LOTS 4057 4058 8 S 1/2 OF LOT 4059 BLK 128 FLA SHORES UNIT 5 MB 23 PGS 107-106 INC PER OR 4121 PG 4658 PER D/C 6217 PG 2312 On August 31. 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. 15-1 House Numbers 2. That on August 31 2018, said Code Enforcement Officer notified the above- captioned individual of said violations and gave the above-optioned individual until September 10. 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 October 3 2018 a hearing was held pursuant to Section 162.07, Florida Statue. 6. That on basis of the testimony at the hearing on October 3. 2018, this Special Magistrate found the following conditions existed at the above-described property. Section 15-1 House Numbers. Page 11 Case No. 18-00114223 Instrument#2019001590#2 Book:7641 Page:1365 II. CONCLUSION OF LAW 7. Between August 31. 2018. and October 3. 2018, the above-optioned individual and/or entity has violated the following Sections of the City Code: Section 15-1 House Numbers. 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 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 October 10. 2018, or until further order of this Special Magistrate. 10. It is the further Order of the Special Magistrate that Marilyn McAfee and/or entity, upon complying shall notify the Code Enforcement Officer, who shall make an inspection and notify the Special Magistrate whether the above-optioned 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 October 3. 2018if the property looted 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 October 18 2018 DONE AND ORDERED this October 3. 2018. LL W James D. Stokes Special Magistrate Page 12 Case No.18-114223b Instrument#2019001590#3 Book:7641 Page:1366 Laura E. Roth,Vol usia County Clerk of Court EDGEWATER CERTIFICATION I, Robin L. Matusick, City Clerk/Pamlegal 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#18-00114223B -THE CITY OF EDGEWATER, FLORIDA vs MARILYN MCATEE, 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 9th day of October,2018. Robin L.Matusick City Clerk/Paralegal SEAL 11 ' Office of the City Clerk/Paalezal P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1102•Fax(386)424-2410 www.cltyofedgewoter.org City of Edgewater 5366 Code Enforcement Division UPON RECEIPT OF THIS CITATION YOU MAY PO Bax 100 -. ELECT TO: 1605 S.Ridgewood Ave.,Edgewater,FL 32132 1) Correct the violation and pay the civil fine(s);or (386)424-24142xe.2210 2) Contest the violation(s) at the scheduled hearing codeenfomement@cityofedgewater.org CITATION referenced on the front. Date: 9/12/2018 Time: 1 1 :10am This citation is issued pursuant to Ordinance Sec 10- Case#: 18-00114223 344.The civil fine set forth on the face of this citation Name: Marilyn McAtee must be paid prior to the Code Enforcement hearing 2106 Umbrella Tree Dr Edgewater, FL 32141 referenced below. It is your responsibility to contact the Address: parcel#: 8402-01-04-0570 Code Enforcement Officer issuing this citation at (386) 8/31/2018 1:45pm 424-2414 once the violation has been corrected. The Nature of violation: grass/Weeds In exC2SS O�aterme violation first observed: violation will he deemed to be in existence until the N Code Enforcement Officer determines that the violation 12 inches, no house number on residence 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: 10-98 Description: Property Maintenance Edgewater, FL 32132 (2)Sec: 15-1 Description: House Numbers (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)$ 75.00 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)It 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 Mow and weed-eat entire yard. Add house Failure to appear at the hearing will indicate that numbers to residence. Contact us when you have waived your right to contest the violation corrected t0 Stop the daily fines, and an order may be entered against you for the Signature of owner/tenant: maximum applicable penalties that include but not Not on dVBL limited to administrative costs,fines,daily fines and Willful refusal to accept and sign this citation k a emond degree misdemeanor. fiens FS162.21(6)775n82 715.083 Method ofnotice: post/mail Code Enforcement Officer: Officer K. Pogany RFAD THE REVERSE SIDE FOR E-SSENmtnr.RWORMATION The Code Enforcement hearing has been scheduled for: Date: October3,2018 Time: loopm This hearing is held at 104 North Riverside Dr,Edgewater W1tt2-CMe BmN Yell -City Hall PiN-Cede Fle Gold-0—r?enant