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2006-CE-7040 - Duke, Dorothy (Buczek) - 208 Cherrywood Lane .~ .j' " i 1'160 d "ISO ::-t CITY OF EDGEW ATER CITIZEN CODE ENFORCEMENT BOARD ORDER IMPOSING FINE/LIEN 10/20/2006 02:06 PH Instrument. 2006-263942 # 1 Book: 5937 Page: 3144 THE CITY OF EDGEWATER, FLORIDA, a municipal corporation Case No. 2006-CE-7040 Citation No. 0130 Petitioner, vs. Dorothy Duke (Buczek) Respondent. THIS CAUSE came before the City of Edge water Citizen Code Enforcement Board (the "Board") on August 17. 2006 , after due notice of noncompliance to the Respondent. The Board, after having heard testimony under oath, received evidence and heard arguments of counsel (if any), t~ Petitioner Kbeing 0 not being present, thereupon finds as follows: ~hl\ ~'Ui. ~~ 1. The Respondent is the owner of the property described as follow: Address: 208 Cherrywood Lane Edgewater. Florida Parcel I.D. No.: 7452-16-00-0390 Legal Description: Lot 39 Wildwood Sub Unit 2 ME 37 Pg 5 Inc Per OR 4319 Pg 4517 2. There currently exists a violation of Section(s) 21-56.03 (b) of the Code of Ordinances of the City of Edge water. Based upon the foregoing, it is ORDERED AND ADJUDGED: 1. You, Dorothy Duke (Buczak) , will pay to the City of Edgewater, Florida, a fee of One hundred fifty and No cents 00/100 dollars ($ 150.00 ), by August 21, 2006. 2. A certified copy of this order may be recorded in the Public Records of V olusia County, Florida, and shall constitute a lien against the above-described property and upon any other real property or personal property owned by the Respondent, pursuant to Section 162.08 and 162.09, Florida Statute. 3. Respondent will be responsible for recording fees and administrative costs associated with recording the lien. 4. Information regarding this Order may be obtained by contacting the Code Enforcement Division of the City of Edgewater at 104 North Riverside Drive, Edgewater, Florida 32132. i .., j., i Instrument# 2006-263942 # 2 Book: 5937 Page: 3145 IN WITNESS WHEREOF, the City of Edgewater Citizen Code Enforsrment Boart actinJ}: and through its Chairperson, has executed this instrument this 11- day of U8' , 2006. ATTEST: CITY OF EDGEW A TER CITIZEN CODE ENFORCEMENT BOARD Sh ntella Jackson Board Coordinator BY:~~~) . a Johns Chairperso STATE OF FLORIDA COUNTY OF VOLUSIA Subscribed before me this J1, day of (~ ' 2006, personally known to me and did not take an oath. ...\',...., _.1\.1" "fti/"IJ ~,\i~~~~'J. VVad~:"/~/. .t S\}:..~;;....:!o~ ~~ .~ ,.' (}~J~,~SIO,y ~ '. ~ ~ .,' .~~ ,,- ~ CJ ..ra(.;'.ber S 2,~ "'. -::. ~. ." ~ 0j"-~ ~ ~ ~ ~.. ~ By: .- * . <J' <f>. - :. e.... :?c:: ~ 15 ~ #00032966 i ~. ~ ~.......... :~.~' ~,~ ...~~n~d",W .- ~.~ ~ r..ol ./.~i!I...,.;nsUja.~.. c,SS~ ~~ <.i9.1 .......1\\ \ "'~. (SEAL) '';Ii; ,<IC. STA1"t,v1-\'" f'/!I tlfH\\I'\\'~ City Manager Jon C. Williams City Attorney Paul Rosenthal City Clerk Susan J. Wadsworth, CMC <c"tlP"l"l- 0..... '-'" Zil [~QlOr-+ ..... (C 0 ~ ~:zro ~ n S!....; ~ffi~~~ :3~~WI ~ c)-..J~ o N - " . ... i THE CITY OF EDGEW ATER POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100 Mayor Michael L. Thomas District I Councilwoman Debra 1. Rogers District 2-Yice Mayor Dennis A. Yincenzi District 3 Councilwoman Harriet E. Rhodes District 4 Councilwoman Judith R. Lichter CERTIFICATION I, Susan J. Wadsworth, 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 Board Order Imposing Fine/Lien For Case No 2006-CE-7040(Citation No.0130). The City of Edgewater vs. Dorothy Duke (Buczek)as it appears in the Public records of the City of Edgewater, Florida. rN WITNESS WHEREOF. I have set my hand and the seal of the City Of Edgewater, Florida, this 19th day of October 2006. c---- s:.i~rth'::- -City Clerk SEAL 104 NORTH RIVERSIDE DRIVE FAX-(386)424-2409 SUNCOM 383-2407 CITY CLERK'S OFFICE-(386)424-2400 ext 1101 Swadsworth@cityofedgewater.org n o c: .., r-+ "'" w City Clerk's Office City of Edgewater Post Office Box 100 Edgewater, Florida 32132 Phone 386-424-2400 ext 1101 Fax 386-424-2409 Date: Memo to: Memo from: October 19, 2006 Robin Matusick, Legal Assistant A4/ . Susan Wadswort<<, CMC- CIty Clerk Subject: Lien process- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Please place liens on the following: Dorothy Duke (Buczek) 208 Cherrywood Lane Edgewater, FI 32132 2006-CE-7040 Thomas Belmonte Jr. 1903 Mango Tree Drive Edgewater, FL 32141 2006-CE-6035 Erik J. Amalfitano & Tiffany Hollister Jtrs. 2518 Evergreen Drive Edgewater, Fl32141 2006-CE-40 14 0130 City of Edgewater Department of Fire and Rescue Services Community Services Division PO Box 100 1605 South Ridgewood Avenue Edgewater, FL 32132 (386) 424-2414 codecompliance@cityofedgewater.org CITATION Date: ~/2.q//')1- Case #:200&-( f - 70'-10 Name: Ohi()4..lA O/'d~c.. (~(JC.2.~K) .J 1"- Address or Parcel number: 2.0 B t". ~,.F't.1 t.?(') f"> I L" Phone: --- ~ Date/Time violation first observed: 7/zo /n(... f 1"1 Nature of violation: ' , (?f"r.... So. (. . V\ LJr c....c!.J " A e~r l' " ~ n F /? " ^ ('. L.. " Notice of violation number: / St,r- Pc..rrC-4-{.. 0'172- Violation(s) of Land Development Code/Code of Ordinances; 'I b" r 0 r.J"ff~j Section: (l)?f -:~,o3 Description: v:,r.. \,.. j..."M, ^ l. <- Section: (2) Description: Section: (3) Description: Civil fine (violation 1) $ . J S-O, 00 Civil fine (violation 2) $ Civil fine (violation 3) $ The property must be brought into compliance in the following manner: c... (..(.. \- U nLe r- IrA, \" 1 ./"I ....j ..) ~ ~', \'\, ~ , . .~.r.I-.\. .h~ ~~ "-- Signatur~ of ow~~/tb~Vto- 1~ &rt. t("<"\;<',l ,qc:y \ ~ , / Method ofnotiee:(" . ,->C..ct+(~ (...~ ~I- Code Compliance ~fficer: :;;74// Date: ~Iz%(,.., Time: jJ1?~ , White - Code Board Yellow - Finance Pink - Code File Gold - Owner/Tenant 7bO~ 1'620000" /21S-7 -.s&-o This citation is issued pursuant to Ordinance No. 2003- 0-16. This citation is for a non-criminal infraction. The civil fine set forth on the face of this citation must be paid prior to the Citizen's Code Enforcement Board hearing referenced below. It is your responsibility to contact the Code Officer issuing this citation at (386) 424-2414 once the violation has been corrected. An inspection will be scheduled to verify compliance. The violation will be deemed to be in existence until the code officer determines that the violation has been corrected. The fine may be paid in person at Edgewater City Hall, 104 North Riverside Drive or by mail to: City of Edgewater PO Box 100 Edgewater, Fl 32132 Payment of the fine will be deemed as an admission of the commission of the violation. Failure to pay the fine prior to the Citizen's Code Enforcement Board hearing referenced below will result in the matter being heard before the Board. This citation may be contested by contacting the issuing Code Officer who will schedule the hearing before the Citizen's Code Enforcement Board. Failure to appear at the hearing will indicate that you have waived your right to contest the violation and an order may be entered against you for the maximum applicable civil fine. The date of meeting,.,of the Citizen's Code Enforcement Board is:' 'Zf/17/0 (., This meeting is held at th~ Edgewater Community Center, 104 North Riverside Drive. The meeting begins at "2, '00 f>1?') f Trash: All accumulation of grass, shrubbery, or weed cuttings, pine needles, and other refuse incident to the care of lawns, shrubbery, vines, and gardens. The term "trash" shall not be taken to include trees, tree limbs, tree stumps, brush used or broken appliarices, furniture, bedding, building materials, lumber or other material of like nature. g. Unimproved lot: shall mean any lot which remains undisturbed and in a natural vegetative state. h. Vegetative fire hazard assessment: shall mean an assessment of an area to determine build-up along with vegetative fuel hazard classification and threats it may pose to real property. The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide (dated 01/2000). 1. Vegetative fire hazard: shall mean trees, brush or other vegetation which by reason of their combustible nature during dry periods, their location or condition may cause loss, damage, or injuiy to persons or property by reason offire. For example, brush on undeveloped lots averaging over three (3) feet tall within thirty (30) feet of an existing structure and pine on undeveloped lots within thirty (30) feet of an existing structure spaced in such a way that the average crown closure is more than seventy-five percent (75%) are considered fire hazards. 21-56.03 - Property Maintenance - Duty of the Owner a. Maintenance of commercial and industrial zoned lots. The owner of every improved lot, piece and parcel of land located within a commercial or industrial zone withiIl the city shall ke.ep each such lot, piece or parcel ofland free and clear of all fallen trees and limbs and brush exceeding twelve (12) inches in height. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than twelve (12) inches within such natural areas. Unimproved vacant parcels adjacent to improved parcels will be inspected by the City to determine severity of hazard to the improved property. If it is determined by the City that the property does pose a hazard, the owner of the unimproved vacant parcels will be required to keep twenty (20) feet of their parcel that is adjoining an inlproved parcel of land free and clear of all fallen trees, limbs and brush exceeding thirty-six (36) inches in height. b. Maintenance of improved residential lots. The owner of an improved lot in a residential zone shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and brush shall be cut to a height not exceeding twelve (l2)inches. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than twelve (12) inches within such natural areas. c. Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to improved parcels will be inspected by the City Fire Department and/or Code Enforcement to determine severity ofhazard to the improved property. Ifit is determined by the City that the Rev. 5/03 (LandDevelopmentCode) V-3D property does pose a hazard,the owner of the unimproved vacant lot in a residential zone will be required to keep twenty(20) feet of their parcel/lot that is adjoining an improved lot free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut to a height not exceeding thirty-six (36) inches within such area. d. Garbage, waste, trash, etc., prohibited The owner of every lot, piece and parcel of land located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk. e. No property maintenance permit required; other restrictions and requirements applicable. No permit shall be required for the limited property maintenance required by this section; however,the requirements,restrictions and limitations imposed by other sections ofthis Code and applicable provisions of the land development code pertaining to environmental preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict between this section and any other provision of this code or applicable provision of the land development code,the other sections of this code or applicable provisions of the land development code shall prevail and govern. 21-56.04 - Enforcement Code compliance officers are hereby designated as the investigating and enforcing authorities pursuant to this article. Code compliance officers are authorized and directed to receive all complaints of violations of this article, make inspections to determine if a violation exists, gather all relevant information concerning such complaints, provide all required notices and take such other action as may be reasonably necessary to accomplish the purpose of this article. 21-56.05 - Notice of Violation a. Service. Upon determination by the code compliance officer that a violation of this article exists, a notice shall be provided to the property owner by certified mail, return receipt requested; by hand delivery by the code compliance officer, a member of the Edgewater Police Department or other person designated by the city council;or by leaving the notice at the owner's usual place of residence with any person residing therein who is above eighteen (18)years of age and informing such person of the contents of the notice. Notice may also be served by publication by publishing such notice once during each week for four (4) consecutive weeks in a newspaper of general circulation in Volusia County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. b. Content. The notice shall require that the owner cause the violation to be remedied within ten(10)calendar days for improved parcels and forty-five(45)calendar days for unimproved parcels of receipt or within ten(10) calendar days of receipt to file a written notice of appeal with the Secretary of the Code Compliance Board requesting a hearing before the Code Rev.5/03 (LandDevelopmentCode) V-31 V olusia County Property Appraiser's Office . . . Page 1 of3 . Volusia County APpr~iser_~_o'fficei .I The VoIusia County Property Appraiser makes every effort to produce the most acxuate information possible. No WUTanties, expressed or implied, are provided for the data herein, its use or interpl et:ation. The values shown in the Total Values section at the end of the Property Record Card are 'Working Tax Roll" values, as our valuations proa!ed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Offidal Tax Roll Values, see the History of Values section Vlithin the property recxwd card below. Volusia County Property Appraiser's Office ~li~ Last Updated: 08-01-2006 ~~.-::-~ Today's Date: 8-1-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. Volusia County Property Appraiser FlORIOA Full ParcellD 52-17-~1~~0390 Mill Group 604 EDGEWATER Short ParcellD 7452-1~~0390 Alternate Key 3897951 Millage Rate 24.24150 Parcel Status Active Parcel PC Code 01 Date Created 06 JAN 1982 Owner Name DUKE DOROTHY C Owner Name/Address 1 Owner Address 2 208 CHERRY\NOOD lANE Owner Address 3 EDGEWATER FL Owner Zip Code 32132 Location Address 208 CHERRY\M)()D LN EDGEWATER LEGAL DESCRIPTION LOT 39 WB.DWOOD SUB UNIT 2 MB 37 pc; 5 JNC PER OR 4319 pc; 4517 - I SALES HISTORY GO TO AOO'L SALES # BOOK PAGE DATE INSTRUMENT QUALlFICA TION IMPROVED? SALE PRICE 1 4319 4517 6/1998 Wananty Deed Qualified Sale Yes 56,900 2 4209 1910 6/1997 Quit Claim Family sale Yes 1 3 3170 1753 7/1988 Wananty Deed Qualified Sale Yes 44,200 - - - I HISTORY OF VALUES GO TO AOO'L HISTORY YEAR LAND BUILDING MISC JUST ASSESSED EXEM PTlON TAXABLE VALUE 2005 45,320 50,816 158 96,294 54,797 25,000 29,797 2004 17,160 59,789 206 77,155 53,201 25,000 28,201 lLANO DATA http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 8/112006 r INVOICE Page 1 City of Edgewater City Hall City Clerk's Office 104 North Riverside Drive Edgewater FL 32132 www.citvofedqewater.orq To: DOROTHY DUKE #0130 208 CHERRYWOOD LANE EDGEWATER, FL 32132 Invoice No.: 348 Date: 07/26/06 Customer No: 900188/58 Type: CE - CODE ENFORCEMENT Quantity Description '. Unit Price Extended Price.' 1.00 CE-CH21 ART V LAND DEV 150.00 150.00 REPEAT OFFENSE CHAPTER 21 ARTICLE V LAND DEVELOPMENT CODE SITE DESIGN CRITERIA Total Due: $l~P:OP Please detach and send this copy with remittance. -..-..-..-..--.-..--.-..-..-..-..-..-..-..--.-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-----.- Due Date: 0~L2Q/06 Name: DOROTHY DUKE #0130 Customer No: 900188/58 Type: CE - CODE ENFORCEMENT Total Due: ffi1~]:i:Oo Invoice No: 348 Terms: Net 30 Days Remit and make check payable to: City of Edgewater P.O. Box 100 Edgewater FL 32132-0100 STATEMENT Page 1 City of Edgewater City Hall City Clerk's Office 104 North Riverside Drive Edgewater FL 32132 www.citvofedaewater.ora To: DOROTHY DUKE #0130 208 CHERRYWOOD LANE EDGEWATER, FL 32132 Date: 08/01/06 Due Date: 08/31/06 Customer No: 900188/58 Type: CE - CODE ENFORCEMENT 00/00/00 BEGINNING BALANCE VI369 07/26/06 CE-CH21 ART V LAND DEV REPEA T OFFENSE 348 08/25/06 0.00 150.00 CHAPTER 21 ARTICLE V LAND DEVELOPMENT CODE SITE DESIGN CRITERIA All charges are due upon receipt of statement. Payment Due: Total Due: $1(50'.00 $150.00 '. ;~." 1~ n "cURRENT "',:!f;.:'r. .150.00' ..'i: ~. ,~ .;;.,- .~ ~~ ~t 30 DAYS. " ..... ?'O.OO "i , 735 DAYS ;!.,'~ .;, 0.00 "{~1~; :1\\' ~., 60 DAYS ~.l ;,~~ 0.00 Please detach and send this copy with remittance. -. .-----.-..----..-..----.._.._.__.._.._.._0___._.._..____._____.._..__._..____..____..____.._ Due Date: 08/31/06 Name: DOROTHY DUKE #0130 Customer No: 900188/58 Type: CE - CODE E~FORCEMENT Payment Due: $150.00 Total due: $150.00 Remit and make check payable to: City of Edgewater P.O. Box Edgewater FL 32132-0100