HomeMy Public PortalAboutCase 21-122021-1220
235 W BOWERS
TUESDAY, DECEMBER 7, 2021
EXHIBIT 1
Lat N 30° 45' 8.6724"
Long W -86° 34' 2.8632"
23/06/21 07:15 AM
Crestview, Florida, United States
198 Wilson St N, Crestview, FL 32536, USA
Lat 30.7575390
Long -86.571097°
02/07/21 08:20 AM
CITY OF CRESTVIEW
COMMUNITY DEVELOPMENT SERVICES
Code Enforcement Division
P.O. Drawer 1209, Crestview, Florida 32536
Phone (850) 683-0896
Date: June 23, 2021
Case #: 21-00001220
KENNETH & CONNIE SILER
497 S WILSON STR
CRESTVIEW, FL 32536
Dear Property Owner,
This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the
City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning
these violations:
Location of Violation: 235 W BOWERS AVE
Tax Identification Number: 17 -3N -23-2490-0133-006B
Legal: CRESTVIEW BEG NW COR LOT 6 S, 50.2 FT E 65 FT N 50.2 FT W, 65 FT
If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 02,
2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate.
The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and
$500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of
the City of Crestview in cases where violations continue to exist.
If you have any questions concerning this matter, you may call me at (850) 683-0896.
Sincerely,
Florina Alcobia
City of Crestview
Code Compliance Officer
850-306-3699 (office)
850-612-5872 (cell)
alcobiaf@cityofcrestview.org
EXHIBIT #
VIOLATION DETAIL PAGE 1
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1
DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 6/22/21
LOCATION:
ORDINANCE DESCRIPTION :
LAND DEVELOPMENT CODE CHAPTER 7
SECTION 7.05.03 - RECREATIONAL CAMPS
A. Recreational camps are allowed by special exception in
the MU, C-1, C-2 and E districts in accordance with the
following standards.
B. For purposes of this subsection, "Recreational camp" or
"Recreational camps" means one or more buildings or
structures, tents, trailers, or vehicles, or any portion
thereof, together with the land appertaining thereto,
established, operated, or used as living quarters for one or
more resident or transient members of the public and
designed and operated for recreational or other non-profit
purposes.
C. The minimum lot area within the MU, C-1, C-2 or E
districts shall be 40 acres.
D. Recreational camps in the E districts may only be allowed
in accordance with an approved management plan. The
management plan shall be prepared at the expense of the
applicant by a person or persons qualified in the
appropriate fields of study and conducted according to
professionally accepted standards. At a minimum, the
management plan includes the following:
1. Description of goals and objectives based on type of
natural resources to be managed;
2. Description of all proposed uses, including existing and
any proposed physical and access improvements;
3. Description of prohibited activities, such as mowing in
wetland buffers, or removal of native vegetation in
protected habitat areas;
4. Descriptions of ongoing activities that will be performed
to protect, restore, or enhance the natural resources to be
protected. This may include:
a. Removal or control of invasive vegetation and debris;
b. Replanting with native vegetation as necessary;
c. Provision for listed species habitat needs, including
restricting, at appropriate times, intrusions into sensitive
foraging, breeding, roosting, and nesting areas;
d. Fencing or other institutional controls to minimize
impact of human activities on wildlife and vegetation, such
as predation by pets;
e. Prescribed burning, thinning, or comparable activities
performed in an environmentally sensitive manner to restore
or maintain habitat;
f. Cooperative efforts and agreements to help promote or
conduct certain management activities, such as cleanups,
maintenance, public education, observation, monitoring, and
reporting;
g. Any additional measures determined to be necessary to
EXHIBIT #
VIOLATION DETAIL
PAGE 2
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
ORDINANCE DESCRIPTION :
protect and maintain the functions and values of
conservation areas in conjunction with wildfire mitigation;
h. Set of schedules, estimated costs, staffing requirements,
and assignments of responsibility for specific
implementation activities to be performed as part of the
management plan, and identification of means by which
funding will be provided;
i. Performance standards with criteria for assessing goals
and objectives;
j. Five-year monitoring plan with schedule and
responsibility;
k. Ownership and party responsible for management activities
1. Provision for changes to be reviewed and approved by the
City; and
m. Contingency plans for corrective measures or change if
goals not met, and recognition of City enforcement authority
5. The maximum density of cabins, lodges and/or tent
campsites shall not exceed one per five acres. Density shall
be calculated as gross density and include all land area
exclusive of major water bodies starting at the high-water
mark.
6. Cabins or lodges shall comply with the Florida Building
Code and must contain a minimum of 250 square feet of floor
space up to a maximum of 2,500 square feet of floor space,
with a maximum occupancy of 10 per cabin or lodge. Use of
mobile homes or recreational vehicles for lodging is
prohibited.
7. A single permanent residence is allowed.
8. All structures, cabins and tent sites shall be setback a
minimum of 200 feet from the property line.
9. Vehicular access shall be from a paved public roadway.
10. A unified plan for water distribution and wastewater
disposal meeting the requirements of the Health Department
shall be provided as part of any application for a
recreational camp.
11. Sanitary facilities including showers, toilets, and
sinks shall be provided. Potable water from a municipal
water supply shall be used for such sanitary facilities,
unless the facility is served by a private well registered,
approved and tested by the Department of Health as a limited
use public water system.
12. Recreational camps for five or more members of the
public as defined in Section 513.01, Florida Statutes, are
subject to the provisions of Chapter 513, Florida Statutes
and shall not be permitted as a special exception unless the
Department of Business and Professional Regulation has
issued a permit for such activity and such permit remains
valid and current at all times and such property meets every
provision of this section not in conflict with the
requirements of Chapter 513, Florida Statutes.
13. Any violation of this section, including a property
owner's operating or allowing unpermitted recreational camps
shall be punished as provided for in section 1-11 of the
EXHIBIT #
VIOLATION DETAIL PAGE 3
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
ORDINANCE DESCRIPTION :
City Code and each day that such condition continues is
regarded as a new and separate offense.
CORRECTIVE ACTION REQUIRED :
PROHIBITED
Building(s), structure(s), tent(s), trailer(s), or
vehicle(s), or any portion thereof, together with the land
appertaining thereto, established, operated, or used as
living quarters for one or more resident or transient
members of the public and designed and operated for
recreational or other non-profit purposes.
You may abate the violation by removing the building(s),
structure(s), tent(s), trailer(s), or vehicle(s),
from the property.
VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1
DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 6/22/21
LOCATION:
ORDINANCE DESCRIPTION :
38.19 - Duty of Property Owner.
It shall be the duty of the owners, or other persons in
control of property within the City to maintain their lot,
tract or parcel and the abutting right-of-way but not
including that area which is paved as roadway consistent
with the standards set forth.
Nuisance Conditions - 38 - 18 (b) Accumulation or open
storage of trash, debris, garbage, bottles, paper, cans,
rags, dead plants, or trees, dead or decayed animal matter,
fruit, vegetables, offal, tools, equipment, lawn and garden
products, buckets, containers, appliances, household
furniture, bricks, concrete, scrap lumber or any other
refuse of any nature.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by removing the trash, debris,
garbage, bottles, paper, cans, rags, dead plants, or trees,
dead or decayed animal matter, fruit, vegetables, offal,
tools, equipment, lawn and garden products, buckets,
containers, appliances, household furniture, bricks,
concrete, scrap lumber or any other refuse of any nature,
from the property.
EXHIBIT # 1
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CITY OF CRESTVIEW
COMMUNITY DEVELOPMENT SERVICES
Code Enforcement Division
P.O. Drawer 1209, Crestview, Florida 32536
Phone (850) 683-0896
Date: July 2, 2021
Case #: 21-00001220
KENNETH & CONNIE SILER
497 S WILSON STR
CRESTVIEW, FL 32536
Dear Property Owner,
This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview,
is currently in violation of City Codes. The following information is provided to you concerning these violations:
Location of Violation: 235 W BOWERS AVE
Tax Identification Number: 17 -3N -23-2490-0133-006B
Legal: CRESTVIEW BEG NW COR LOT•6 S, 50.2. FT E 65 FT N 50.2 FT W, 65 FT
If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 12,
2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate.
The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and
$500.00 per dayfor repeat offenses and other penalties as a measure to enforce the codes and ordinances of
the City of Crestview in cases where violations continue to exist.
If you have any questions concerning this matter, you may call me at (850) 683-0896.
Sincerely,
Florina Alcobia
City of Crestview
Code Compliance Officer
850-306-3699 (office)
850-612-5872 (cell)
alcobiaf@cityofcrestview.org
EXHIBIT# 1
VIOLATION DETAIL PAGE 1
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1
DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 6/22/21
LOCATION:
ORDINANCE DESCRIPTION :
LAND DEVELOPMENT CODE CHAPTER 7
SECTION 7.05.03 - RECREATIONAL CAMPS
A. Recreational camps are allowed by special exception in
the MU, C-1, C-2 and E districts in accordance with the
following standards.
B. For purposes of this subsection, "Recreational camp" or
"Recreational camps" means one or more buildings or
structures, tents, trailers, or vehicles, or any portion
thereof, together with the land appertaining thereto,
established, operated, or used as living quarters for one or
more resident or transient members of the public and
designed and operated for recreational or other non-profit
purposes.
C. The minimum lot area within the MU, C-1, C-2 or E
districts shall be 40 acres.
D. Recreational camps in the E districts may only be allowed
in accordance with an approved management plan. The
management plan shall be prepared at the expense of the
applicant by a person or persons qualified in the
appropriate fields of study and conducted according to
professionally accepted standards. At a minimum, the
management plan includes the following:
1. Description of goals and objectives based on type of
natural resources to be managed;
2. Description of all proposed uses, including existing and
any proposed physical and access improvements;
3. Description of prohibited activities, such as mowing in
wetland buffers, or removal of native vegetation in
protected habitat areas;
4. Descriptions of ongoing activities that will be performed
to protect, restore, or enhance the natural resources to be
protected. This may include:
a. Removal or control of invasive vegetation and debris;
b. Replanting with native vegetation as necessary;
c. Provision for listed species habitat needs, including
restricting, at appropriate times, intrusions into sensitive
foraging, breeding, roosting, and nesting areas;
d. Fencing or other institutional controls to minimize
impact of human activities on wildlife and vegetation, such
as predation by pets;
e. Prescribed burning, thinning, or comparable activities
performed in an environmentally sensitive manner to restore
or maintain habitat;
f. Cooperative efforts and agreements to help promote or
conduct certain management activities, such as cleanups,
maintenance, public education, observation, monitoring, and
reporting;
g. Any additional measures determined to be necessary to
EXHIBIT # 1
VIOLATION DETAIL PAGE 2
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
ORDINANCE DESCRIPTION :
protect and maintain the functions and values of
conservation areas in conjunction with wildfire mitigation;
h. Set of schedules, estimated costs, staffing requirements,
and assignments of responsibility for specific
implementation activities to be performed as part of the
management plan, and identification of means by which
funding will be provided;
i. Performance standards with criteria for assessing goals
and objectives;
j. Five-year monitoring plan with schedule and
responsibility;
k. Ownership and party responsible for management activities
1. Provision for changes to be reviewed and approved by the
City; and
m. Contingency plans for corrective measures or change if
goals not met, and recognition of City enforcement authority
5. The maximum density of cabins, lodges and/or tent
campsites shall not exceed one per five acres. Density shall
be calculated as gross density and include all land area
exclusive of major water bodies starting at the high-water
mark.
6. Cabins or lodges shall comply with the Florida Building
Code and must contain a minimum of 250 square feet of floor
space up to a maximum of 2,500 square feet of floor space,
with a maximum occupancy of 10 per cabin or lodge. Use of
mobile homes or recreational vehicles for lodging is
prohibited.
7. A single permanent residence is allowed.
8. All structures, cabins and tent sites shall be setback a
minimum of 200 feet from the property line.
9. Vehicular access shall be from a paved public roadway.
10. A unified plan for water distribution and wastewater
disposal meeting the requirements of the Health Department
shall be provided as part of any application for a
recreational camp.
11. Sanitary facilities including showers, toilets, and
sinks shall be provided. Potable water from a municipal
water supply shall be used for such sanitary facilities,
unless the facility is served by a private well registered,
approved and tested by the Department of Health as a limited
use public water system.
12. Recreational camps for five or more members of the
public as defined in Section 513.01, Florida Statutes, are
subject to the provisions of Chapter 513, Florida Statutes
and shall not be permitted as a special exception unless the
Department of Business and Professional Regulation has
issued a permit for such activity and such permit remains
valid and current at all times and such property meets every
provision of this section not in conflict with the
requirements of Chapter 513, Florida Statutes.
13. Any violation of this section, including a property
owner's operating or allowing unpermitted recreational camps
shall be punished as provided for in section 1-11 of the
EXHIBIT # \
VIOLATION DETAIL PAGE 3
CASE NUMBER 21-00001220
PROPERTY ADDRESS 235 W BOWERS AVE
ORDINANCE DESCRIPTION :
City Code and each day that such condition continues is
regarded as a new and separate offense.
CORRECTIVE ACTION REQUIRED :
PROHIBITED
Building(s), structure(s), tent(s), trailer(s), or
vehicle(s), or any portion thereof, together with the land
appertaining thereto, established, operated, or used as
living quarters for one or more resident or transient
members of the public and designed and operated for
recreational or other non-profit purposes.
You may abate the violation by removing the building(s),
structure(s), tent(s), trailer(s), or vehicle(s),
from the property.
VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1
DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 6/22/21
LOCATION:
ORDINANCE DESCRIPTION :
38.19 - Duty of Property Owner.
It shall be the duty of the owners, or other persons in
control of property within the City to maintain their lot,
tract or parcel and the abutting right-of-way but not
including that area which is paved as roadway consistent
with the standards set forth.
Nuisance Conditions - 38 - 18 (b) Accumulation or open
storage of trash, debris, garbage, bottles, paper, cans,
rags, dead plants, or trees, dead or decayed animal matter,
fruit, vegetables, offal, tools, equipment, lawn and garden
products, buckets, containers, appliances, household
furniture, bricks, concrete, scrap lumber or any other
refuse of any nature.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by removing the trash, debris,
garbage, bottles, paper, cans, rags, dead plants, or trees,
dead or decayed animal matter, fruit, vegetables, offal,
tools, equipment, lawn and garden products, buckets,
containers, appliances, household furniture, bricks,
concrete, scrap lumber or any other refuse of any nature,
from the property.
EXHIBIT #
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iv Complete items 1, 2, and 3.
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e Attach this card to the back of the matiplece,
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i. Article Addressed to:
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EXHIBIT #
Service
CITY OF CRESTVIEW
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CODE COMPLIANCE DIVISION
198 Wilson Street North
Crestview, FL 32536
(850) 683-0896
NOTICE OF PUBLIC HEARING
DATE: 11/01/2021
Kenneth J & Connie M Siler
497 S Wilson Street
Crestview, FL
32536
RE: CASE# 21-1220
Dear Property Owner:
You are hereby formally notified that on December 7, 2021, at 5:30 P.M., there will be a Public Hearing
at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This
meeting is being held concerning violations that continue to exist on a parcel of property belonging to
you located at 235 W Bowers Avenue, Crestview, FL 32536 more particularly described as:
PIN# 17 -3N -23-2490-0133-006B LEGAL DESCRIPTION: CRESTVIEW BEG NW COR
LOT 6 S 50.2 FT E 65 FT N 50.2 FT W 65 FT TO POB BLK 133
The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to
$500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or
irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed.
If a violation, or the condition causing the violation, presents a serious threat to the public health, safety,
and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify
the local governing body, which may make all reasonable repairs required to bring the property into
compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed.
If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all
costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in
the lien authorized under FS 162.09(3).
End: Notice of Violation
EXHIBIT # 1
A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa
County Public Records, and thereafter shall constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator.
You have the right to obtain an attorney, at your own expense, to represent you before the Special
Magistrate.
If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court
reporter to attend the hearing.
The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special
Magistrate is to facilitate the enforcement of local and state laws.
cerely,
Dehor&,awso
Code Compliance Officer
850.305.3702/850.612.9714
Perm 53*
Appendix I
itevhed 2021
EXHIBIT # \
Case # 21-1220 235 W Bowers
Statement of Violation
Code of Ordinance Violated: Land Development Code Chapter 7 Section 7.05.03
B. For purposes of this subsection, " Recreational camp" or "recreational camps" means one or
more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the
land appertaining thereto, established, operated, or used as living quarters for one or more
resident or transient members of the public and designed and operated for recreational or other
non-profit purposes.
Corrective Action Required: Remove tents from the property.
Code of Ordinance Violated: Chapter 38 Section 18 (b)
Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or
trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden
products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or
any other refuse of any nature.
Corrective Action Required: Remove all trash and debris from the property.
EXHIBIT #
11/22/21, 12:46 PM
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