18-00114300 - Melnick, Barbara - 2832 Tamarind Drive 1/11/20198:52:53 AM Instrument#2019006473#1 Book:7643 Page:4182
Iq
TER
CODEENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 18-00114300
a municipal corporation Citation No. 5393
Petitioner,
vs.
BARBARA MELNICK
Respondent.
THIS CAUSE came before the undersigned Special Magistrate on November 15. 2018
after due notice of noncompliance to the Respondent The Special Magistrate, after having heard
testimony under oath, recelved 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: 2832 TAMARIND DR EDGEWATER, FL 32141
Short Parcel ID: 8402-01-12-3470
Legal Description: LOTS 12347 w 12,348 BLK 401 FLA SHORES NO 18 MB 19 PG 238
PER OR 3707 PG 4979
On September 19. 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 See. 10-5 Nuisance Generally—Dead Trees
2. That on September 20. 2018, said Code Enforcement Officer notified the above-
captioned individual of said violations and gave the above-captioned individual until
October 20.2018to 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 handdelivered, mailed, or posted as provided
by Section 162.12, Florida Statue.
S. That on November 15. 2018 a hearing was held pursuant to Semon 162.07, Florida
Statue.
6. That on basis of the testimony at the hearing on November 15 2018 this Special
Magistrate found the following conditions existed at the above-described property
Section 10-5 Nuisance Generally-Dead Trees
Page 1 Case No. 18-00114300
Instrument#2019006473#2 Book:7643 Page:4183
II. CONCLUSION OF LAW
7. Between September 20. 2018, and November 15 2018 the above-captioned
individual and/or entity has violated the following Sections of the City Code: Section
10-5 Nuisance Generally-Dead T
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 November 22. 2018, or until further order of this
Special Magistrate.
10. It is the further Order of the Special Magistrate that Barbara Melnick and/or entity,
upon complying shall notify the Code Enforcement Officer, who shall make an
Inspection and notify the Special Magistrate whether the above..aptioned individual
has tome 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 November 15. 2018if the property located at the above-mentioned
individual and/or entity is subject M a citation fine of$75.Q0.
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
November 28, 2018.
DONE AND ORDERED this November 15 2018.
r
James D. Stokes
Special Magistrate
***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT
WHEN THE VIOLATION IS CORRECTED**
Page 12 Case No.18-00114300
Instrument#2019006473#3 Book:7643 Page:4184 Laura E. Roth,Volusia County Clerk of Court
EDGEWATER
CERTIFICATION
1, 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 918-00114300 - THE CITY OF EDGEWATER,
FLORIDA vs BARBARA MELNICK, 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 9th day of January, 2019.
Robin L. Matusick
City Clerk/Paralegal
SEAL ,. r
i n
r ' ti
i
Office of the City Clerk/Paralesal
P.O. Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext 1102•Fax(386)424-2410
www cifyofedgewater.org
� l
City of Edgewater 5393
Code Enforcement Division UPON RECEIPT OF TINS CUATION YOU MAY
PO Box 100 - ELECr TO:
1605 S.Ridgewood Ave.,Edgewater,FL 32132 1)Correct the violation and pay the civil fine(s);or
(386)424-2414sxc.2210 2)Contest the violation(s)at the scheduled hearing
codeenfomement@ cityofbdgewatmorg
CITATION referenced on e front.
Date: 10/26/2018 Tune: 10:15am This citation is issued pursuant to Ordinance Sec 10-
Case#:
18-00114300 344.The civil fine set forth on the face of this citation
Name._ Barbara Melnick must be paid prior to the Code Enforcement hearing
Address:
2832 Tamarind Dr Edgewater, FL 32141 referenced below.It is your responsibility to contact the
Code Enforcement Officer issuing this citation at(386)
mail to: 115 W Squanhrm St Apt 1209 North Quincy, 02171
91201201810:53am 4242414 once the violation has been corrected. The
Datetime violation first observed: violation will be deemed to be in existence until the
Nature of violation: multiple dee —pinerees on
Code Enforcement Officer determines that the violation
the property that need to be cut down 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 CodelCode of City of Edgewater
Ordinances; PO Box 100
(1)Sec: 10-5 Description: Nuisance Generally Edgewater, FL 32132
(2)See: Description:
(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)$ 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 violations)may be corrected in the following manner. Magistrate.
Pay the citation before the hearingdate.
Remove the dead trees that are a hazard. Failure to appear at the hearing will indicate that
Contact us when corrected to stop the daily you have waived your right to contest the violation
fines. and an order may be entered against you for the
maximum applicable penalties that include but not
Signature of ownerhenanr. limited to administrative costs,fines,daily fines and
Not oo Wmiarm of goat
Maw rtN.W m arapt vM,ilio mi.afuuaa 5..saw dna liens.
FS16211(6)715.01 715A93
Method ofnotice: postimail
Code Enforcement Officer. Officer K. Pogany
READ THE REVERSE SME FOR ESSENUALINF0RMATION
The Code Enforcement hearing has been scheduled for.
Date: November 15,2019 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater
Whit-Code YAM.Ciy Han AACoR. Gold-G.n -.'