19-00115327 - Whiteman, Diana EST - 3308 Sabal Palm Drive City of
EDGEWATER
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER FINDING REPEAT VIOLATION AND IMPOSING FINE
THE CITY OF EDGEWATER, FLORIDA, Case No. 19-00115327 REPEAT
a municipal corporation Citation No. 5401
Petitioner,
VS.
DIANA WHITEMAN EST
Respondent.
THIS CAUSE came before the undersigned Special Magistrate on December 19, 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 y_ 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: 3308 SABAL PALM DR, EDGEWATER, FL 32141
Short Parcel ID: 8402-01-13-7250
Legal Description: LOTS 13725 & 13726 BLK 441 FLORIDA SHORES NO 22 MB 19 PG
242 PER OR 4214 PGs 2292-2293
On October 28, 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 3, 2018, the Edgewater Special Magistrate issued an order finding
the Respondent in violation of the same section.
3. That on October 28, 2019, said Code Enforcement Officer notified the above-
captioned individual of said violations.
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 December 19, 2019, a hearing was held pursuant to Section 162.07, Florida
Statue.
6. That on basis of the testimony at the hearing on December 19, 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. 19-00115327
7. That the above-described condition on the property has since come into compliance.
II. CONCLUSION OF LAW
8. Between October 28, 2019, and December 19, 2019, the above-captioned individual
andor entity has violated the following Sections of the City Code: Section 10-402
Alternate Method of Enforcement.
III. ORDER
9. The violation as described herein was a repeat violation as defined under Chapter
162, Florida Statutes, and City Code.
10. The respondent is subject to a citation fine of$0.00 as the fine has been WAIWD,
DONE AND ORDERED this December 19, 2019.
a/—
Jacob Schumer
Special Magistrate
Page 12 Case No. 19-00115327
• 5401
City of Edgewater
Code Enforcement Division UPON RECEIPT OF THIS CITATION YOU MAY
PO Box 100 ELECT TO:
1605 S. Ridgewood Ave., Edgewater, FL 32132 1) Correct the violation and pay the civil fine(s); or
(386)424-2414EXc.2210 2) Contest the violation(s) at the scheduled hearin
codeenforcement@cityofedgewater.org g
CITATION referenced on the front.
Date: 11/14/2019 Time: 9:25am This citation is issued pursuant to Ordinance Sec 10-
Case#: 19-00115327 344.The civil fine set forth on the face of this citation
Name:
Diana Whiteman Est must be paid prior to the Code Enforcement hearing
Address:3308 Sabal Palm Dr Edgewater, FL 32141 referenced below. It is your responsibility to contact the
parcel#: 8402-01-13-7250 Code Enforcement Officer issuing this citation at (386)
11/13/2019 9:00am 424-2414 once the violation has been corrected. The
Date/Time violation first observed: violation will be deemed to be in existence until the
Nature of violation: Grass/weeds in excess of
Code Enforcement Officer determines that the violation
12 inches has been corrected.
' REPEAT VIOLATION ***
The fine(s) may be paid in person at Edgewater City
Hall, 104 North Riverside Drive or by mail to:
Violation(s) of Land Development Code/Code of City of Edgewater
Ordinances; PO Box 100
(1)Sec: 10-402 Description: Alternate Method
Edgewater, FL 32132
(2)Sec: Description: of Enforcement
(3)Sec: Description: Payment of the fine(s) will be deemed as an admission
(4)Sec: Description: of the commission of the violation(s).Failure to pay
Civil fine(violation 1)$ 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 your entire yard including any Failure to appear at the hearing will indicate that
weed-eating needed. Contact us when you have waived your right to contest the violation
corrected to 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: December 19, 2019 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater
White-Code Board Yellow-City Hall Pink-Code File Gold-Owner/Tenant