18-00113936 - Mills, Bernard F - 2429 Swordfish Lane 1/3/2019 1:43:18 PM Instrument#2019001587 H1 Book:7641 Page:1355
ED GE WATE$
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER,FLORIDA, Case No. 18-00113936
a municipal corporation Citation No. 5364
Petitioner,
Vs.
BERNARD F MILLS
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 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: 2429 SWORDFISH LNEDGEWATER FL 32141
Short Parcel ID: 8401-DO-OM017
Legal Description: 1-18-34 5 85 FT OF N 470 FT EXC W 50 FT OF GOVT LOT 1 P R
OR 4881 PGS 2517-2519 INC
On May 12. 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. 21-38.02 General Requirernent/Fence
2. That on June 8 2018 said Code Enforcement Officer notified the above<aptioned
individual of sail violations and gave the above-captioned individual until August 1
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 21-38.02 General Reouirement/Fence
Page 1 Case No. 18-00113936
Instrument#2019001587#2 Book:7641 Page:1356
II. CONCLUSION OF LAW
7. Between lune 8. 2018 and October 3. 2018, the above-captioned individual and/or
entity has violated the following Sections of the City Code: Section 21-38.02 General
Requirement/Fence.
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 Bernard F Mills 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 irrto 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 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.18-10113936
Instrument#2019001587#3 Book:7641 Page:1357 Laura E. Roth,Volusia County Clerk of Court
EI)GEWATER
CERTIFICATION
I, Robin L. Mawsick, City ClerWParalegal 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 #18-00113936 -THE CITY OF EDGEWATER,
FLORIDA vs BERNARD F MILLS, as it appears in the public Records of the City of
Edgewater,Florida.
IN WITNESS WHEREOF, 1 have set my hand and the seal of the City of Edgewater,
Florida,on this 9th day of October,2018.
-� �zc r
Robin L. Mawstck
City Clerk/Pamlegal
SEAL
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 E#. 1102.Fax(386)424-2410
uww.ciWedgewater.org
• City of Edgewater 5364
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 5ne(s);or
(386)424-2414exc.2210
codeenforcement@cityofedgewater.org 2) Contest the violation(s) at the scheduled hearing
CITATION referenced on the front.
Date: 8/31/2018 Time: 9.30am This citation is issued pursuant to Ordinance Sec 10-
Case#: 18-00113936 344.The civil fine set forth on the face of this citation
Name:
Bernard F Mills most be paid prior to the Code Enforcement hearing
Address:2429 Swordfish Ln Edgewater, FL 32141 referenced below.It is your responsibility to contact the
parcelk 8401-00-00-0017 Code Enforcement Officer issuing this citation at(386)
6/8/201-811 15am 424-2414 once the violation has been corrected. The
Nature of violation: Lattice type ence 1T—n atemme violation first observed: violation will be deemed to be in existence until the
N
Cade Enforcement Officer determines that the violation
back/side yard in excess of 48 inches. has been corrected.
Needs to be lowered to a height of 48
Inches or less. 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: 21-38.02 Description: General Edgewater, FL 32132
(2)See: Description: Requirements
(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 I)$ 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
Remove or lower the lattice fence to 48 Failure to appear at the hearing will indicate that
inches or less. Contact us when corrected you have waived your right to contest the violation
to stop the dally fines. and an order may be entered against you for the
Signature of owner/tenant: m
maximuapplicable penalties that include but not
Not.n.ami:svan of Pa limited to administrative costs,tines,daily fines and
Willful afusal to a—pt and sign this citation is a smoad de8ae misdemewor. ileus.
F51622116)]]5.082 ]]5.083
Method ofnotice: post/mail
Code Enforcement Officer: Officer K. Pogany
READ TBE REVERSE SIDE FOR FSSENRAL INFORMATION
The Code Enforcement hearing has been scheduled for:
Date: October 3,2018 Time: loopm
This hearing is held at 104 North Riverside Dr,Edgewater
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