19-00115242 - McAtee, Marilyn - 2106 Umbrella Tree Drive 12/20/2019 12:20:55 PM Instrument#2019250212#1 Book:7790 Page:2947
cv
EDGEWATER
CODEENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 19-00115242 REPEAT
a municipal corporation Citation No. 6020
Petitioner,
VS.
MARILYN MCATEE
Respondent.
THIS CAUSE came before the undersigned Special Magistrate on November 14, 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 �A 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: 8402-01-04-0570
Legal Description: LOTS 4057 4058 &S 1/2 OF LOT 4059 BLK 128 FLA SHORES UNIT
5 MB 23 PGS 107-108 INC PER OR 4121 PG 4658 PER D/C 6217 PG 2312
On October 11, 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 October 11, 2019, said Code Enforcement Officer notified the above-
captioned individual of said violations.
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 November 14, 2019, a hearing was held pursuant to Section 162.07, Florida
Statue.
5. That on basis of the testimony at the hearing on November 14, 2019, this Special
Magistrate found the following conditions existed at the above-described property.
Section 10-402 Alternate Method of Enforcement.
Page 1 Case No. 19-00115242
Instrument#2019250212#2 Book:7790 Page:2948
II. CONCLUSION OF LAW
6. Between October 11, 2019, and November 14. 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.
8. 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 November 14. 2019, and the property located at the above-
mentioned individual and/or entity is subject to a citation fine of$150.00.
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
November 14, 2019.
DONE AND ORDERED this November 14, 2019.
James D. Stokes
Special Magistrate
***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT
WHEN THE VIOLATION IS CORRECTED**
Page 12 Case No.19-00115242
Instrument#2019250212#3 Book:7790 Page:2949 Laura E. Roth, Volusia County Clerk of Court
..Cil,a(....
ED GEWATE-R
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 #19-00115242 - 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 16th day of December, 2019.
Robin L. Matusick
City Clerk/Paralegal
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1102•Fax(386)424-2410
www.cityofedgeivater.org
City of Edgewater
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)424-2414Ext.2210 2) Contest the violation(s)at the scheduled hearing
codeenforcement@cityofedgewater.org
CITATIONreferenced on the front.
Date: 10/11/2019 Time: 1 :35pm This citation is issued pursuant to Ordinance Sec 10-
Case#: 19-00115242 344. The civil fine set forth on the face of this citation
Name: McAtee Marilyn must be paid prior to the Code Enforcement hearing
Address:2106 Umbrella Tree Dr Edgewater, FL 32141 referenced below. It is your responsibility to contact the
parcel#: 8402-01-04-0570 Code Enforcement Officer issuing this citation at(386)
10/11/19 12:55pm 424-2414 once the violation has been corrected. The
Date/Time violation first observed: violation will be deemed to be in existence until the
Nature of violation: grass/weeds in excess o
Code Enforcement Officer determines that the violation
12 Inches. Repeat violation. 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: 10-402 Description: Alternate Method Edgewater, FL 32132
(2)Sec: Description: of Enforcement
(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)$ 150.00 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
Mow and maintain your entire yard Failure to appear at the hearing will indicate that
regularly. Contact us when corrected to you have waived your right to contest the violation
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 an admission of guilt. limited to administrative costs,fines,daily fines and
Willful refusal to accept and sign this citation is a second degree misdemeanor. liens.
F5162.21(6)775.082 775.083
Method of notice: post/mail
Code Enforcement Officer: Officer K. Pogany
The Code Enforcement hearing has been scheduled for:
Date: November 14, 2019 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater
White-Code Board Yellow-City Nall Pink-Code File Gold-Owner/Tenant