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17-00113076 - VanLeuvan, Viola - 2330 Kumquat Drive - Release 7/22/2019 7/22/2019 3:27:41 PM Instrument#2019143873#1 Rook:7723 Page:2983 Laura E. Roth,Volusia County Clerk of Court RELEASE OF CODE ENFORCEMENT BOARD ORDER IMPOSING FTNE/LIEN CITY OF EDGEWATER, FLORIDA VIOLA T VAN LEUVAN Case#17-00113076t5679 KNOW ALL MEN BY THESE PRESENTS: the City of Edgewater hereby releases and discharges that certain Code Enforcement Board Order Imposing Fine/Lien recorded on December 27, 2017 in Official Records Book #7489, Pages 622 - 624 relating to property described as: LOTS 4678 4679 & 4680 BLK 161 FLORIDA SHORES NO 6 MB 23 PG 109 PER OR 4465 PG 0455 PER OR 7669 PG 2432 in the public records of Volusia County, Florida(Property location: 2330 Kumquat Drive, Edgewater, FL), Parcel #8402.01-04-6780 (Location ID#4538) IN WITNESS WHEREOF,the City of Edgewater, acting by and through its City Manager, has executed this instrument this P day of July,2019, WITNESSES: CITY OF/ p E/D/GEWATER,FLORIDA Glenn A.Irby City Manager Signed,seated and delivered in the presence of-. STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Glenn A. Irby, Interim City Manager for the City of Edgewater, who is duly authorized to execute this Satisfaction on behalf of the City of Edgewater, Florida, and is personally known to me and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this P day of July,2019. (Seal/Stamp) 0Nt2yjPbtc - - (Commission Expiration Date) State of Florida at Large WllFYA [AKER ',`-Caaanaebn#GG34MI f P. Fxpew Jmre 26,2023 '•am4o11MUTryFrh Mu'maa.%LTH9 (Lias/Code-RELEASE-Leuven-#17-00113076) 121272017 2:37:11 PM Instrument #2017250734 #1 Book:7489 Page:622 CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 17-00113076 a municipal corporation Citation No. 5679 Petitioner, VS. VIOLA T VAN LEUVAN Respondent. THIS CAUSE came before the undersigned Special Magistrate on November 9. 2017 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 K 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: 2330 KUMOUAT DR. EDGEWATER. FL 32141-4716 Short Parcel ID: 8402-01-04-6780 Legal Description: LOTS 4678 4679 & 4680 BLK 161 FLORIDA SHORES NO 6 MB 23 PG 109 PER OR 4465 PG 0455 2. On the October 5. 2017. 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. 21-36.09 SWIMMING POOL (FENCE) 3. That on October 5. 2017, said Code Enforcement Officer notified the above -captioned individual of said violations and gave the above - captioned individual until the November 9. 2017, to correct the violations. Page 11 Case No. 17-00113076 Instrument #2017250734 #2 Book:7489 Page:623 4. That said violation(s) described in paragraph above continued beyond the time specified for correction by the Code Enforcement Officer requested a hearing. 5. 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. 6. That on the November 9. 2017a hearing was held pursuant to Section 162.07, Florida Statue. 7. That on basis of the testimony at the hearing on the November 9. 291L this Special Magistrate found the following conditions existed at the above -described property. Sec. 21-36.09 SWIMMING POOL (FENCE) II. CONCLUSION OF LAW B. Between the October 5. 2017, and the November 9. 2017, the above - captioned individual and/or entity has violated the following Sections of the City Code: Sec. 21-36.09 SWIMMING POOL (FENCE) III. ORDER 9. 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. 10.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 1 0.00 per day for each and every day the said violation(s) continues past the November 9. 2017or until further order of this Special Magistrate. 11.It is the further Order of the Special Magistrate that Viola T. Van uv 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. 12.It is the further Order of the Special Magistrate that this case shall be review at the Hearing on November 9. 2017if the property located at Page 12 Case No. 17-00113076 Instrument #2017250734 #3 Book'.7489 Page'.624 the above -mentioned individual and/or entity is subject to a citation fine of $150.00. Based on the above Findings of Fact, Conclusions of Law, the Special Magistrate hereby orders that the Respondent comply with all the rules set forth as stated in Florida Statute 767.12 by the November 9. 2017. DONE AND ORDERED this November 9. 2017, Spenc S athaway Sp lal Magistrate STATE OF FLORIDA COUNTY OF VOLUSIA Subscribed before me this th day of L NQrAbW. 20personally known to me and did not take an oath. By: -fk4 >g Notary Pu i (SEAL) KELSEY D. ARCIERI �, Camme*,I GG 1321163 E,pk,Augw e, 2021 ti..,d .` ppYE1Mu,W EW lmumm041S141Y Page 13 Case No. 17-00113076 Instrument #2017250734 #4 Book:7489 Page:625 Laura E. Roth, Volusia County Clerk of Court s-:a` EDGE4VATER I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby certify that the attached is a true and Correct Copy of the Citizen Code Enforcement Board Order Imposing Fine/Lien for Case #17-00113076 - THE CITY OF EDGEWATER, FLORIDA vs VIOLA T VAN LEUVAN, as it appears in the public Records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida, on this 9th day of November, 2017. SEAL Robin L. Matusick City Clerk/Paralegal Office ofthe Cm, Clerk/Pa aleeal P.O. Box 100 • Fdgmamr, FL 32132-0100 (356) 424-2400 Fat 1102 • Fax (3a6) 42/-2410 mr.m.clty Mgemater,org City of Edgewater r Code Enforcement Division 5 9 PO Box 100 1605 S. Ridgewood Ave., Edgewater, FL 32132 (386)424-2414 codeenforcement@cityofedgewater.org CITATION Date: Time: Case#: Name: Address: Dateme violation first observed: Nature of violation: Violation(s)of Land Development Code/Code of Ordinances; (1)Sec: Description: (2)Sec: Description: (3)Sec: Description: (4)Sec: Description: Civil fine(violation 1)$ Civil fine(violation 2)$ Civil fine(violation 3)$ Civil fine(violation 4)$ The violation(s)may be corrected in the following manner: Signature of owner/tenant: Not an admission of guilt Willful refusal to accept and sign this citation is a second degree misdemeanor. II FS 162.21(6)775.082 775.083 Method of notice: Code Enforcement Officer: READ THE REVERSE SIDE FOR ESSENTIAL NFORMATION The Code Enforcement hearing .I has been scheduled for: Date: Time: This hearing is held at 104 North Riverside Dr,Edgewater. White-Code Board Yellow-City Hall Pink- ----__ ___ Code File Gold-Oxrcr/Tenant -. . ` 5679 City of Edgewater UPON RECEIPT OF THIS CITATION YOU MAY Code Enforcement Division ELECT TO: PO Box 100 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 referenced on the front. CITATION 10/5/201710:55am This citation is issued pursuant to Ordinance Sec 10- Date:Time: 344,The civil fine set forth on the face of this citation Case#: 17-00113076 must be paid prior to the Code Enforcement hearing Name: Van Leuvan Viola T referenced below.It is your responsibility to contact the Address:2330 Kumquat Dr Edgewater, FL 32141 Code Enforcement Officer issuing this citation at(386) parcel#: 8402-01-04-6780 424-2414 once the violation has been corrected. The Date/Tune violation first observed; 10/5/2017 10:20am violation will be deemed to be in existence until the repeated vio Nature of violation: a ion or no Code Enforcement Officer determines that the violation fence/enclosure surroundin• the soot. The has been corrected. orange temporary fence installed by the City has been torn/blown away. The fine(s) may be paid in person at Edgewater City . Unsecured poo . Hall, 104 North Riverside Drive or by mail to: City of Edgewater Violation(s) of Land Development Code/Code of pp Box 100 Ordinances; Edgewater,FL 32132 21-36.09 Description: Swimming Pools (1)Sec: _-- (Repeat Violation) (2)Sec: __Description: Payment of the fine(s)will be deemed as an admission Description: Failure to a (3)Sec: �— of the commission of the violation(s). pay (4)Sec: _____—_Description: prior to the 150.00 the fine(s) and correct the violation(s) Civil fine(violation 1)$ Civil fine(violation 2)$__----____ Code Enforcement hearing referenced on the front of the citation will result in the matter being heard Civil fine(violation 3)$ Civil fine(violation 4)$_________----_ before the Code Enforcement Board or Special Magistrate. The violation(s)may be corrected in the following manner: P P. a - • ._ •• • • - • . iris • -t Re s airlre s lace the missin• screens in our Failure to appear at the hearing will indicate that pool enclosure or install a fence. Contact you have waived your right to contest the violation and an order may be entered against you for the us when corrected to stop the daily fines. maximum applicable penalties that include but not Signature of owner/tenant: 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. FS162.21(6)775.082 775.083 Method of notice: postlmail Officer K. Pog Enforcement Officer: INFORMATIONREAD THE REVERSE SIDE FOR EENT The Code Enforcement hearing has been scheduled for: Date: November 9, 2017 Time: This hearing is held at 104 North Riverside Dr,Edgewater White-Code Board Yellow-City Hall Pick-Code File Gold-Owner/Tenant