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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 ra ru U.S. Postal Service'' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our wehsite at www.usps.conr.. 4 Certified Mali tree ▪ I ▪ 0 Certified Malt Restricted Delivery :_.._.. O DAdultSi nat .Required $ DAduurt Sgrature Reetdeted Delivery $ [Postage 0 j 55-4 rR '5 �aE7ilf Posfsge arid ties rl 41•LER., fit. m5-30 * Complete items 1. 2, and 3. * Print your name and address on the reverse so that we can return the card to you. is Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artkde Addressed to OMAItp1e Let f;/ s i I e 21) -(j. E � 3.9550 111 111111 111 11111111 111111 III 1111 111 1 111 11 III 9590 9402 6373 0303 1373 38 2. Article Number 0001 56 52 2 410 7ffiNery Restricted Dterivery 7020 1290 -- !neared Malt PS Form 3811, July 2020 PSN 7530-02-0004053 Is delivery address dl ferent front Item 1? If YES, enter delivery address below: SoNo 0 C. Date of Delivery Yes Service1ype Signature D Asdt aria= Restricted Deltuery 0 Ce tlfled MeltS o Certified ReeMeted Delivery ORegistered Mallu Reglete ed Malt ResMoiedi II Signature Cadman/2nm 0 Signature Continuation Restricted Delivery Domestic Return Receipt 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 # m ru ' eD •�...eref*ed Mail Fee 117 xiras �� ea,aces. sews*•. Loxadd fee rT Recetot (MMcepY3rg Rattan Receipt (eiticectitc) $ O ?� Cenarted Mu Reeyicrea the y $ rOndoe rm a aeaured s a t ostao 'os Restricted Oeevery ate- /_ 0 J�f ,e U.S. Postal Service-" CERTIFIED MAIL RECEIPT Domestic Mail Only For delivery information, visit our website at wwr✓.usps.corn'. iv Complete items 1, 2, and 3. ■ Punt your name and address on the reverse so that we can return the card to you. e Attach this card to the back of the matiplece, or on the front If space permits. i. Article Addressed to: X II4rT1 iL uolekw 6-6u IllflllIIIIIIIIIIIII1 I llIIIIIIIIII IIIIIIIIIIII 9590 9402 8373 0303 1235 15 (7"',,IPL rt m',., SE . En_ 1,06.1 a Agent Addressee B. Received by r -tinted Nsme1 C. Date of Delivery C. is delivery ferent tam Item 1? If YES. enter address address below: gi No lype us Signature tart egnebne El certified Restricted Delivery 0 Derailed Map Restricted Davey Collect en Delivery 2. Article Number (Aansfer from servkkm kit* Collect on DeliveryRestricted Delivery 7020 1290 0001 5682 0034 mau 007Mei ReetnotedDeny PS Form 3811, July 2020 PSN 7530.02-000-9053 Domestic Return Receipt O MoreyMatl Expanse CI Mars M Meg Restricted' 0 Signature Signature coe�'� Restricted Delivery 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 USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70143490000041566642 FAQs > Remove X Your item was picked up at the post office at 11:36 am on November 5, 2021 in CRESTVIEW, FL 32539. G Delivered, Individual Picked Up at Post Office November 5, 2021 at 11:36 am CRESTVIEW, FL 32539 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit o;;r wensiie.7t www.usps.comr. 0 F • Postage Certified Fee eceipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) T ON Total Postage & Fees $ r' 1i' IZ J -- TAMINt 1M S It,El2 or PO Box Ain, L l� Y 7 o CD CD Q. 0- 32-302 ,ss EXHIBIT # 1 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. httos://tools.usos.com/ao/TrackConfirmAction?tRef=fulloaae&tLc=2&text28777=MLabels=70143490000041566642%2CMABt=false 1/2