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?20-115756A - Wheat, Paul - 2404 Needle Palm Drive3/22/2021 9:48:09 AM Instrument #2021063219 #1 Book:8011 Page:1972 CODEENFORCEMENT SPECIAL MAGISTRATE ORDER FINDING VIOLATION AND SETTING DATE FOR COMPLIANCE THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Petitioner, VS. Paul Wheat Respondent. Case No. 20-115756A Citation No. 5091 THIS CAUSE came before the undersigned Special Magistrate on August 13. 2020 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 The Respondent is the owner of the property described as follows: Address: 2404 Needle Palm Drive Edgewater, FL Short Parcel ID: 840201053070 Legal Description: LOTS 5307 & 5308 & N 1/2 OF LOT 5306 BLK 181 FLORIDA SHORES UNIT NO 6 MB 23 PG 109 PER OR 2652 PG 1723 PER OR 3195 PG 1761 PER OR 4702 PG 3440 PER OR 6061 PGS 4800-4801 On June 21, 2020, 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.10-84 Parking -Easements or Right of Way 2. That on June 21, 2020, 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 Statute. 4. That on August 13, 2020, a hearing was held pursuant to Section 162.07, Florida Statute. 5. That on basis of the testimony at the hearing on August 13, 2020, this Special Magistrate found the following conditions existed at the above-described property. Section 10-84 Parking -Easements or Right of Way. Page 11 Case No. 20-115756 Instrument #2021063219 #2 Book:8011 Pagel 973 II. CONCLUSION OF LAW 6. Between ,lune 21, 2020, and August 13, 2020, the above -captioned individual and/or entity has violated the following Sections of the City Code: Section 10-84 Parking - Easements or Right of Way. 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 the above -captioned individual and/or entity shall be subject to a fine up to $100.00 per day for each and every day the said violation(s) continues past August 23, 2020, or until further order of this Special Magistrate. 9. It is the further Order of the Special Magistrate that Paul Wheat 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. 10. The respondent is subject to a citation fine of $75.00. DONE AND ORDERED this August 13, 2020. Jacob Schumer Special Magistrate ***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT WHEN THE VIOLATION IS CORRECTED** Page 12 Case No. 20-115756 Instrument #2021063219 #3 Book:8011 Page:1974 Laura E. Roth, Volusia County Clerk of Court CERTIFICATION I, Bonnie Brown, CMC, City Clerk 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 420-115756A - THE CITY OF EDGEWATER, FLORIDA vs PAUL WHEAT, owner 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 EdIgewater... Florida, on this 18"' day of March, 2021. Bonnie Brown, CMC City Clerk Office of the City Clerk P.O. Box 100 • Edgewater. FL 32132-0100 (386) 424-2400 Ext. 1102 e Fax (386) 424-2410 wtimw. ci tyofedgewat er. org 11/18/2020 2:43:41 PM Instrument 42020224309#1 Book:7944 Page:3979 CITY OF EDGEWATER,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF EDGEWATER, CASE NO.: 20-115756 A Petitioner, vs. WHEAT PAUL, Owner Respondent ORDER IMPOSING ADMINISTRATIVE FINE/LIEN THIS CAUSE came on for public hearing before the undersigned Magistrate on August 13.2020 after due notice to Respondents;at which time the undersigned heard testimony under oath,received evidence,and issued the Findings of Fact, Conclusions of Law,and Order, which was reduced to writing and furnished to the Respondent. Said Order required Respondent to take certain corrective action by August 23,2020 and included a notice that a fine would be imposed if Respondent failed to comply with the Order by said dates,and to pay a citation fine in the amount of$75.00 to the City of Edgewater. An Affidavit of Non-Compliance for an inspection performed on August 23,2020,has been filed with the Code Enforcement Special Magistrate by the Code Enforcement Officer, which Affidavit certifies under oath that the required corrective action ordered by the Magistrate WAS NOT TAKEN BY THE DATE SPECIFIED. Based upon the foregoing Findings of Fact,Conclusions of Law,and Order and Affidavit of Non-Compliance it is hereby ORDERED that: A fine is hereby imposed for failure to comply with the Magistrate's Order of August 13,2020. Said fine shall be in the amount of$100.00 per day,beginning on August 24,2020 and shall continue to accrue until compliance with said Order is met. The land on which the violation is the subject matter of this cause,located at 2404 Needle Palm Drive,Edgewater, Florida,is described as follows: LOTS 5307&5308&N%OF LOT 5306 BLK 181 FLORIDA SHORES UNIT NO 6 MB 23 PG 109 PER OR 2652 PG 1723 PER OR 3195 PG 1761 PER OR 4702 PG 3440 PER OR 6061 PGS 4800-4801 NOTICE TO RESPONDENT: Pursuant to Section 162.09 Florida Statutes a certified copy of this Order may be recorded in the Public Records of Volusia County,Florida,and thereafter shall constitute a lien against the above described property,if the property is not a bona fide Homestead Exemption,and any other real or personal property owned by the Respondent. If Respondent wishes to challenge the amount of the fine and resulting lien,the Respondent may request a hearing before the Code Enforcement Special Magistrate. The request shall be delivered in writing within twenty(20)days of the date of this Order to Andrea Dollar,at P.O.Box 100,Edgewater,Florida Instrument#2020224309#2 Book:7944 Page:3980 32132. Any hearing hereunder shall occur as soon as practical and shall be limited to consideration of findings necessary to impose a fine and createat a lien. If a timely request is not received,this Order may be recorded. DONE AND ORDERED THIS 1 k day of October,2020,in Maitland,Orange County,Florida. CITY OF EDGEWATER,FLORID CODE ENFORCEMENT SPECI MAGISTRATE chumer,Esq. I HEREBY CERTIFY that a tote and correct copy of the above and foregoing Order has been furnished by certified mail to Respondent and/or Responde s authorized Nu,, el at the following address: 2404 Needle Palm Drive, Edgewater,Florida,on this day of L O kDA ,2020. CERTIFIED L 1. fr�En'i• INDAE4OOa:AA An rea lar t?. �F:; Notary Pubac-Stan of Florida Clerk to the Special Magistrate it Commission A GG g65125 Cityof Ed �'\.,,p' MY Comm.Expires Mar 4,1014 Bonded through National Notary Assn. PO Box 100 — Edgwater, FL 32132 (386)424-2400 ext.2210 Instrument#2020224309#3 Book:7944 Page:3981 Laura E. Roth,Volusia County Clerk of Court it A,:./ .L EDGEMVATER CERTIFICATION I, Robin L. Matusick, CMC, 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 #20-I15756A - THE CITY OF EDGEWATER, FLORIDA vs WHEAT PAUL 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 9th day of November,2020. r C:L t4- IC, Robin L.Matusick, CMC City Clerk/Paralegal I. , I II) I I m I Ty. EAti. IS, ' Office of the City Clerk/Paralegal P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1102•Fax(386)424-2410 www.cilyojedgewater org