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
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f P. Fxpew Jmre 26,2023
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(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