19-00115063 - McAtee, Marilyn - 2106 Umbrella Tree Drive 10/21/2019 4:01:34 PM Instrument#2019206146#1 Book:7762 Page:3268
EDGEWATER
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 19-00115063 REPEAT
a municipal corporation Citation No. 6015
Petitioner,
VS.
MARILYN MCATEE
Respondent.
THIS CASE came before the undersigned Special Magistrate on September 12 2019
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 L 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: 2106 UMBRELLA TREE DR EDGEWATER FL 32141
Short Parcel ID: $402-01-04-0570
Legal Description: LOTS 4057 4058&S 112 OF LOT 4059 ELK 128 FLA SHORES UNIT
5 MB 23 PGS 107-108 INC PER OR 4121 PG 4658 PER D/C 6217 PG 2312
On July 17. 2019 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. 10-402 Alternate Method Of Enforcement
2. That on July 17 2019 said Code Enforcement Officer notified the above-captioned
individual of said violations.
3. That the Code Enforcement Offcer, 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 September 12 2019, a hearing was held pursuant to Section 162.07, Florida
Statue.
S. That on basis of the testimony at the hearing on September 12 2019 this Special
Magistrate found the following conditions existed at the above-described property.
Section 10-402 Alternate Method of Enforcement
Page 11 Case No. 19-00115063
Instrument#201 920 61 46#2 Book:7762 Page:3269
II. CONCLUSION OF LAW
6. Between July 17 2019 and September 12 2019, the above-captioned individual
and/or entity has violated the following Sections of the City Code: Section 10-402
Alternate Method of Enforcement.
III. ORDER
7. 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.
B. 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.
9. It is the further Order of the Special Magistrate that this case shall be reviewed at
the Hearing on September 12. 2019 and the property looted at the above-
mentioned individual and/or entity is subject to a station fine of$150.00.
Based an 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 12. 2019
DONE AND ORDERED this September 12. 2019
James D.Stokes
Special Magistrate
***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT
WHEN THE VIOLATION IS CORRECTED**
Page 12 Case No. 19-00115063
Instrument#2019206146#3 Book:7762 Page:3270 Laura E. Roth,Volusia County Clerk of Court
IETDGEWATER
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/Lien for Case #19-00115063 - 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 14th day of October,2019.
Robin L.Matusick
City Clerk/Paralegal
_ fUEALI,
(1
Office of the City Clerk/Paralegal
P.O.Boz 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1102•Fax(386)424-2410
www.city fedgewwar org
City of Edgewater 6015
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)424-2414etc uru
codeenfomement@cityofedgewaterorg 2)Contest the violation(s)at the scheduled hearing
CITATIONreferenced on the front.
Date: 7/17/2019 Time: 8:15am This citation is issued pursuant to Ordinance Sec 10-
Case#: 19-00115063 344.The civil fine set forth on the face of this citation
Name: Marilyn McAtee must be paid prior to the Code Enforcement hearing
Address:2106 Umbrella Tree Or Edgewater, FL 32132 referenced below.It is your responsibility to contact the
parcel#: 8402-01-04-0570 Code Enforcement Officer issuing this citation at(386)
07/17/19 6:43am 424-2414 once the violation has been corrected. The
Nature
ooff violation: grass/wee S In excess O ate violation fust observed: violation will be deemed to be in existence until the
N
Code Enforcement Officer determines that the violation
12 inches. Repeat Violation. has been corrected.
The fice(s)may be paid in person at Edgewater City
Rall, 104 North Riverside Drive or by mail to:
Violation(s) of Land Development Code/Code of City of Edgewater
Ordinances; PO Box 100
(1)See; 10-402 Description: Altemate Method Edgewater,FL 32132
(2)Sec: Description: of Enforcement
(3)Sec: Description: (Repeat Violation) 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)$ 150.00 the Pme(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 b -for - the hearing date
Mow and maintain your entire yard Failure to appear at the hearing will indicate that
including any weed-eating needed. Contact you have waived your right to contest the violation
us when Corrected t0 Stop the dally fines. and an order may be entered against you for the
Signature of ownerhenant: maximum applicable penalties that include but not
Nm snandssiov W go0c limited to administrative costs,fines,daily fines and
WdNW,[Poul W a Y sign This ciy4w is a s¢wd&e misdeme nw.
FS 16221(6)775.082 '75.083 Rads'
Method ofnotice: post/mail
Code Enforcement Officer. Officer K.Pogany
The Code Enforcement heating has been scheduled for:
Date: August 8,2019 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater
wens-Cada Buena Win--Cil W Rd,-C FJs Gold-OxuA.