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?19-00115307 - Fantom Holdings LLC - 1530 Royal Palm Drive 12/27/2019 1 0:37:14 AM Instrument#2019253361 #1 Book:7792 Page:3861 City of ET)GEWATER CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN THE CITY OF EDGEWATER, FLORIDA, Case No. 19-00115307 REPEAT a municipal corporation Citation No. 5746 Petitioner, VS. FANTOM HOLDINGS LLC 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 under oath, received evidence and heard arguments of counsel (if any), the Respondent_ being�Nt 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: 1530 ROYAL PALM DR, EDGEWATER, FL 32132 Short Parcel ID: 8402-01-02-5310 Legal Description: LOTS 2531 2532 & 2533 BLK 102 FLORIDA SHORES NO 4 MB 23 PG 104 PER OR 5066 PG 2469 PER UNREC DC PER D/C 6156 PG 1099 PER OR 6156 PGS 1101-1102 PER OR 6916 PG 4769 On October 30, 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 Sect. 21-36.09 Swimming Pool (Fence) 2. That on October 30, 2019, 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 Statue. 4. That on November 14, 2019, a hearing was held pursuant to Section 162.07, Florida Statue. 5. 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 21-36.09 Swimming Pool (Fence). Page 11 Case No. 19-00115307 Instrument#2019253361 #2 Book:7792 Page:3862 II. CONCLUSION OF LAW 6. Between October 30, 2019, and November 14, 2019, the above-captioned individual and/or entity has violated the following Sections of the City Code: Section 21-36.09 Swimming Pool (Fence), III. ORDER 7. It is the Order of the Special Magistrate that the above-captioned individual and/or entity shall be found in violation. No daily fines are to be accessed, as the property is now in compliance. 8. It is the further Order of the Special Magistrate that Fantom Holdings LLC and/or entity, shall be subject to an additional fine of IZ63.64 as payment to The City of Edgewater for the temporary fencing installed by Leisure Services. 9. It is the further Order of the Special Magistrate that this case shall be review at the Hearing on November 14, 2019, if the property located at 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 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. 19-00115307 Instrument#2019253361 #3 Book:7792 Page:3863 Laura E. Roth, Volusia County Clerk of Court ED GEWATER 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 #19-00115307 - THE CITY OF EDGEWATER, FLORIDA vs, FANTOM HOLDINGS LLC 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 SEAL,. Office of the City Clerk/Paralegal P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1102•Fax(386)424-2410 www.cityofedgewater.org City of Edgewater Invoice Finance Department rtynr Post Office Box 100 Date Invoice# EUGEEdgewater, FL 32132 - 0100 11/11/2019 6430 957 Inc.1 1951 Bill To FANTOM HOLDINGS LLC 631 N. STEPHANIE STREET SUITE 548 HENDERSON,NV 89014-2633 Project Terms Due Date 12/11/2019 Quantity Description Rate Amount 1 City's Pickup Truck 13.40 13.40 1 City's Labor 20.24 20.24 1 City's Administrative Fees 30.00 30.00 60 60 FEET OF ORANGE FENCE 2.40 144.00 7 7 POSTS 8.00 56.00 FOR PROPERTY LOCATED AT: 1530 ROYAL PALM DRIVE EDGEWATER,FL 32132 CASE NO. 19-00115307 PARCEL ID:8402-01-02-5310 ***NOTE Cashiers: Use fast code"CF".Notate the Name,Address,and Case Number. Total $263.64 Outstanding Balance $263.64 In-House Lawn AIowingMaintenance Fees COST RECOVER Y SHEET y f)G E WATER �T,i TIER Pricing Based on FEMA's Schedule of Equipment Rates September 1,2017 Y Y t-1.[ t ADDRESS OF CODE VIOLATION 1530 Royal Palm Drive CODE CASE NUMBER 19-115307 DATE WORK COMPLETED 10/31/2019 WORK COMPLETED BY(employee) tracEZtt 2452132 FEMA #of Cost Code Maintenance Resources Hours 8806 PICKUP TRUCK 1 Hours @ $ 13.40 J Hour $ 13.40 8644 TRAILER, Hours @ $ 5.65 /Hour 5 8089 800 CC RIDING LAWN MOWER Hours @ $ 14.00 /Hour $ 8183 HAND LAWN MOWER/TRIMMER Hours @ $ 15.37 /Hour 5 8183 BLOWER Hours @ $ 15.37 /Hour $ 8183 EDGER Hours @ $ 15.37 /Hour $ 8808 1 -TON TRUCK(Env.Svcs) Hours @ 5 22.85 /Hour $ 8542 SKID-STEER LOADER(Env.Svcs) Hours @ $ 36.05 /Hour $ 60 Feet o! Orange Fence $ 2.40 /Foot $ 144.00 7 Posts $8 /Each $ 56.00 MANPOWER Actual Employee Cost Burden 1 Hours @ $ 20.24 /Hour $ 20.24 ADMINISTRATIVE FEE $ 30.00 TOTAL $ 263.64 A'otes Parks&Recreation Department Department Supervisor Signature bate Revised 10-12-18 5746 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)424-2414 exc.i z i o codeenforeementOcityofedgewaterorg 2)Contest the violation(s)at the scheduled hearing CITATIONreferenced on the front. Date: 10-30-19 3:20 pm This citation is issued pursuant to Ordinance Sec 10- MimeCaset 19-115307 (Repeat) 344.The civil fine set forth on the face of this citation must be paid prior to the Code Enforcement hearing Name: Fanton Holdings LLC Address:1530 Royal PAlm Dr Edgewater, FI 32132 referenced below.It is your responsibility to contact the 631 N Staphanie St STE 548 Hendersonville, NV 89014 Code Enforcement Officer issuing this citation at(386) 10-30-19 3:20 m 424-2414 once the violation has been corrected. The DatelIime violation first observed: P violation will be deemed to be in existence until the Nature of violation: Sections and areas o e wood fence is missing and sections of pool Code Enforcement Officer determines that the violation has been corrected.screen enclosure missing. There is no barrier to prevent children from entering The fine(s)may be paid in person at Edgewater City e pool. Hall, 104 North Riverside Drive or by mail to: Violation(s)of Land Development CodetCode of City of Edgewater Ordinances; PO Box 100 (1)Sec: 21-36.9 Description: Swimming Pool 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)$ 150.00 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. Pay Fines_ Enclose back yard to prevent entering into Failure to appear at the hearing will indicate that the*pool. Contact Code Enforcement when you have waived your right to contest the violation complete to stop daily fines. and an order may be entered against you for the Signature of ownerAenant: maximum applicable penalties that include but not Not=admiWm Of VOL limited to administrative costs,fines,daffy fines and W1WW tefosai W accspt aad sign thio dtatioa is a seeoad logics misdememw Fs16n1(6)n5=775= liens. Method of notice: MaNPost Code Enforcement Officer. Hazelwood The Code Enforcement hearing has been scheduled for. Date: November-142019 Time: 2:00pm This hearing is held at 104 North Riverside Dr,Edgewater. White-Code Somd Yellow-Cay Halt Pid-Cade Fli a Ootd.OwaedTaumt CASE SUMMARY 2019-CE-00115307 Citation# 5746 (REPEAT) Hearing Date: November 14, 2019 Code Officer: R. Hazelwood DESCRIPTION: Fantom Holdings LLC is the owner of the property located at 1530 Royal Palm Dr in Edgewater, Florida. It has been found in violation of Section 21-36.9 (Swimming Pools) of the City of Edgewater's Code of Ordinances. BACKGROUND: On October 30, 2019, Building official Wait Zakaluzny responded to the code office and advised while conducting an inspection on Royal Palm Dr, he observed the listed residence have an in ground swimming pool which had sections of the wood fence missing and the enclosure was missing screening which could allow a small child to enter the pool. I responded to the listed location and observed the violation. A check of the system revealed the property owner was cited for the same violation on March 10, 2016. Due to the repeat violation and seriousness of the violation, Citation/Notice of Hearing # 5746 was subsequently issued for $150.00 as a repeat violation. Contact was also made with Leisure Services Department to place an emergency fencing in the areas to secure the pool. All notices and provisions of Chapter 10 Article XXVIII have been complied with. STAFF RECOMMENDATION: Staff recommends the Special Magistrate find Fantom Holdings LLC in violation of Section 21-36.9 (Swimming Pools) of the Code of Ordinances and accesses the citation fine of $150.00 and an additional fine of $100.00 per day each day the violation exists past November 14, 2019 for a lien to be placed on the property if not satisfied by November 14, 2019. It is also requested that a lien be placed on the property if the maintenance fees for the work completed to secure the property from the Parks Department in the amount of $263.64 is not satisfied by November 14, 2019. '/} �'`+�k''�f��'�``-�►,�. wee`+ '"'� _`� z�-__._ ---�-„ - "'"'*6-,�,_' .. � ►, i , w ! _ br - • r i �'° —fir � f,x•�+� ,40 }1 Or �l �?.fid •7Y,F ' 1 rM i W y� �� n ' 5' r-f •ta sr is •. � ..„+sof NCr<1:..:'°`* ,a ^'x. �Y. � � R r�`f`.^aLF?,'� b'.3'��. .J a'+ 1 r y u•u .t r tifw� �4 �)�� r� �GGG. A' g t N' t ` 1 �+ �T fir.. rgk" •`' b, `r ,.L;. .`�(S�1 - 1 .tJ y3 J ' a e= 4 r .. _ •y , sl°j�..�`'�'i�•` �.M�r s?1'.vi++r�jj► tir' t " \i( s S t kn �" 1 Y f -'"'ire+•, ... it �.� - � ,_� �(. • ' ��� �Y i "'.— `tet.,.-^'-. . .. ..ay,' � 59 �.y� Y�_. \ • i `, t Y Sx.3/•.� r 8 F �'..�. : yam' .. .. 11'•. - � ,�v� � •.. ___ ,r as' _'Yi, ( v^'1f. « i r �; ,;.✓i sem+^..`-' - -, � '` , 1,. s fN. iryC '�, .�C tst"y�t����� 4rt'-,�,iy„��' �,r ` � •,m���...�.. � ` } wf w s. .t 4' f f Altkey: 3914872 Parcel ID: 840201025310 FANTOM HOLDINGS LLC 1530 ROYAL PALM DR, EDGEWATER Parcel Short Parcel Id 840201025310 Property Location 1530 ROYAL PALM DR, EDGEWATER, 32132 PC Code 0100 - SINGLE FAMILY Total Bldgs 1 Neighborhood 4698 - FL SHORES-NORTH OF 16TH ST Business Name Homestead Property No Primary Owner Owner FANTOM HOLDINGS LLC In Care Of Mailing Address 631 N STEPHANIE ST STE 548 HENDERSON NV 89014 2633 All Owners *1 Owner l Owner 2 Owner% Owner Type(s) 0 FANTOM HOLDINGS LLC 100 FS - Fee Simple Legal Millage Group 604-EDGEWATER Legal Description LOTS 2531 2532 & 2533 BLK 102 FLORIDA SHORES NO 4 MB 23 PG 104 PER OR 5066 PG 2469 PER UNREC DC PER D/C 6156 PG 1099 PER OR 6156 PGS 110 1-1102 PER OR 6916 PG 4769 Map TWP-RNG-SEC 18 - 34 - 02 Subdivision-Block-Lot 01 -02 - 5310 Date Created 06-JAN-82 Year Annexed Sales Book/Page Instr Type Inst# Sale Date ,V/l Sale Price 6916/4769 WD-WARRANTY DEED 2013196073 10/03/2013 1 $100 6156/ 1101 WD-WARRANTY DEED 2007258040 11/13/2007 1 $248,000 5066/2469 QC-QUIT CLAIM DEED 2003103624 04/15/2003 1 $1 4264/3733 WD-WARRANTY DEED 1997218545 12/15/1997 1 $84,475 4219/ 1635 WD-WARRANTY DEED 1997118792 06/15/1997 V $7,000 County Links Property Tax Bill CLICK HERE Link to Permits CLICK HERE City of EDGEWATER Date: December 11, 2019 To: Robin Matusick, Paralegal (original files) Lisa Graves, Code Board Coordinator(w/out attachments) Pat Drosten, Finance Department(w/out attachments) From: Dilena Talley Subject: Nuisance Violations Robin - Please lien the following properties: Fantom Holdings, LLC 1530 Royal Palm Drive Case No. 19-00115307 P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.cityofedgewater.org