19-00115198 - Phillips, James F - 120 Orange Avenue 12/20/2019 12:20:55 PM Instrument#2019250217#1 Book:7790 Page:2962
ciy
DGE
ATEREW
CODE ENFORCEMENT
SPECIAL MAGISTRATE
ORDER IMPOSING FINE/LIEN
THE CITY OF EDGEWATER, FLORIDA, Case No. 19-00115198
a municipal corporation Citation No. 3489
Petitioner,
VS.
JAMES F PHILLIPS
Respondent.
THIS CAUSE came before the undersigned Special Magistrate on November 14, 2019
after due notice of noncompliance to the Respondent. The Special Magistrate, after having heard
testimony un*r 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
1. The Respondent is the owner of the property described as follows:
Address: 120 ORANGE AVE, EDGEWATER, FL 32132
Short Parcel ID: 7433-13-14-0090
Legal Description: W 20 FT OF LOT 9 &ALL OF LOT 10 BILK 14 TOTEM PARK SUB MB
4 PG 46 PER OR 5018 PG 0180 &OR 6428 PG 0279
On September 12, 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. 10-400 (2) Nuisance Grass /Weeds
2. That on September 17, 2019, said Code Enforcement Officer notified the above-
captioned individual of said violations and gave the above-captioned individual until
October 7, 2019, to correct the violations.
3. That said violation(s) described in paragraph above continued beyond the time
specified for correction by the Code Enforcement Officer requested a hearing.
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 November 14, 2019, a hearing was held pursuant to Section 162.07, Florida
Statue.
6. That on basis of the testimony at the hearing on November 14, 2019, this Special
Magistrate found the following conditions existed at the above-described property.
Section 10-400 (2) Nuisance Grass/Weeds.
Page 1 Case No. 19-00115198
Instrument#2019250217#2 Book:7790 Page:2963
II. CONCLUSION OF LAW
7. Between September 17, 2019, and November 14, 2019, the above-captioned
individual and/or entity has violated the following Sections of the City Code: Section
10-400 (2) Nuisance Grass/Weeds.
III. ORDER
8. 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.
tho ,
Special Maw ate*
10. It is the further Order of the Special Magistrate that James F Phillips 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.
11. It is the further Order of the Special Magistrate that this case shall be reviewed at
the Hearing on November 14, 2019, and the property located at the above-
mentioned individual and/or entity is subject to a citation fine of$75.00.
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
November 14, 2019.
DONE AND ORDERED this November 14, 2019.
/ James D. Stokes
` Special Magistrate
***IT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT
WHEN THE VIOLATION IS CORRECTED**
Page 12 Case No. 19-00115198
Instrument#2019250217#3 Book:7790 Page:2964 Laura E. Roth, Volusia County Clerk of Court
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ars.r
E-OGEWATER
CERTIFICATION
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 Special
Magistrate Order Imposing Fine/Lien for Case #19-00115198 - THE CITY OF EDGEWATER,
FLORIDA vs, JAMES F PHILLIPS 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 16th day of December, 2019.
Robin L. Matusick
City Clerk/Paralegal
Office of the City Clerk/Paraleeal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1102•Fax(386)424-2410
www.cityofedgewater.org
. 3489
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)424-2414EXt.2210 2) Contest the violation(s) at the scheduled hearing
codeenforcement@cityofedgewater.org
CITATIONreferenced on the front.
Date: 10/7/2019 Time: 11 :15am This citation is issued pursuant to Ordinance Sec 10-
Case#: 19-115198 344.The civil fine set forth on the face of this citation
Name: James F Phillips must be paid prior to the Code Enforcement hearing
Address: 120 Orange Ave Edgewater, FL 32132 referenced below.It is your responsibility to contact the
Parcel# 7433-13-14-0090 Code Enforcement Officer issuing this citation at(386)
October 7, 2019 11:15a, 424-2414 once the violation has been corrected. The
Date/T"ime violation first observed: violation will be deemed to be in existence until the
Nature of violation: Grass weeds are In excess
Code Enforcement Officer determines that the violation
of 12 inches. has been corrected.
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: 10-400(2) Description: Nuisance Grass/weeds Edgewater, FL 32132
(2)Sec: Description:
(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)$ 75.00 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.
Mow and weed ea vnur entire lawn No
J
areas of grass/weeds may be in excess of Failure to appear at the hearing will indicate that
12 inches. Pay the fine before the hearing you have waived your right to contest the violation
date. Contact Code when completed. 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. Hens.
775.082 775.083
Method of notice: Postal
Code Enforcement Officer: Denis Odell
READ THE REVERSE SIDE FOR ESSENTIAL INFORMATION
The Code Enforcement hearing has been scheduled for:
Date: November 10, 2019 Time: 2:00pm
This hearing is held at 104 North Riverside Dr,Edgewater.
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