HomeMy Public PortalAbout21-1298 Recorded OrderCrestview, Florida,
Petitioner,
VS.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
Heirs of Annie M Scarbrough
638 Reed Street
Crestview, FL 32539
Respondents.
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CASE# 21-1298
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on December 7, 2021.
After due notice to the respondent, having heard testimony under oath, received evidence and
considered stipulations, the Special Magistrate finds as follows:
FINDINGS OF FACT:
1. The respondent, Heirs of Annie M Scarbrough, whose last known mailing address is 638 Reed
Street, Crestview, FL 32539, is the owner of the property located at 638 Reed Street, Crestview,
FL 32539, AKA PIN# 16-3N-23-2690-0005-003B, and more particularly described as:
WINGARD ADD 50 FT N & S BY 140 FT E & W IN SW COR LOT 3 BLK 5 LESS SWLY 50
FT OF NWLY 10 FT & LOT 3 EXC 50 FT BLK 5 AS OR 1144-204 AND S 10FT OF VAC R/W AS
PER OR 1473-912
2. The conditions on the property consist of a deteriorating primary structure and an unsafe
accessory structure. The violation(s) were first observed on July 6, 2021. A Notice of Violation was
mailed by certified mail July 21, 2021. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 0), (k), (n), (q),
and Sec. 66 of the City of Crestview's Code of Ordinances and requested correction of the violation
by August 4, 2021. Re inspection of the property on August 16, 2021, confirmed that violation(s)
continue to exist on the property.
Inst. #3511667 Bk: 3592 Pg: 545
Page 1 of 3 Recorded: 1219/2021 3:23 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
3. Proper notice of the cited violations and the notice of hearing was served on the Respondents, and
the Respondents were provided with the opportunity to be heard and submit testimony and
evidence at the properly noticed hearing.
CONCLUSIONS OF LAW:
4. The respondent failed to bring the property into a full state of compliance prior to the Notice of
Violation deadline and is in violation of Chapter 38 Property Maintenance and Housing Standards
- Section 65 0), (k), (n), (q), and Section 66 of the City of Crestview's Code of Ordinances.
5. The Respondents were provided a reasonably sufficient time to voluntarily correct the Violations,
which they failed to do within the time prescribed.
6. The city has proved the alleged Violations of the cited Ordinances and/or State Statute by
competent, substantive evidence. Therefore, the City is entitled to recover the costs incurred in
prosecuting this case before the Magistrate, which I find to be reasonable and appropriate under
the circumstances.
7. If the Respondents fail to bring the Property into compliance as ordered within the time
prescribed, I find that a fine shall be imposed per day for each day of non-compliance and that the
fine is reasonable and appropriate under the circumstances, taking into account the gravity of the
Violations, any actions taken by the Respondents to correct the Violations, and any previous
violations committed by the Respondents.
ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that:
8. On or before January 7, 2022, the Respondents shall pay to the City of Crestview the costs
incurred in prosecuting this case before the Special Magistrate in the amount of $250.00.
9. On or January 7, 2022, the Respondent is to correct the violation(s) by conducting the following
action(s):
a. Obtain a roofing permit and repair or replace the roof. Obtain a building permit and repair
or replace the exterior surface treatment, structural supports, and overhang extensions.
b. Obtain a demolition permit and demolish the accessory structure. Remove all demolition
debris from the property or,
c. Obtain a licensed engineer to perform a structural evaluation and submit a letter to the
Building Official stating the findings as to the condition of the structure, submit plans,
applicable documents and pay associated fees.
10. If the violation(s) are not corrected by January 7, 2022, a fine in the amount of $250.00 per day
will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' responsibility to
notify the City whenthe Violations have been corrected so that the Property can be inspected to
confirm compliance.
11. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until
paid.
12. If Respondent fails to comply by the date stated above, the City Council may cause the property to
be cleaned up and the nuisance abated. The cost for such cleanup and abatement shall be billed and
mailed via certified mail to the last known address of Respondent. If such bill is not paid within
thirty (30) days from the mailing date, the costs incurred by the City shall be added to any unpaid
costs, fines, or fees hereunder and shall be a lien on the property as authorized by law.
Done and Ordered on the 7th day of December 2021.
Samuel B.
Taylor
Digitally signed by Samuel B.
Taylor
Date: 2021.12.0914:37:56 -06'00'
Special Magistrate
City of Crestview, Florida
RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Order entered by the
Special Magistrate by filing a writ of certiorari for appeal to the Circuit Court. Any appeal must be filed
with the Circuit Court within 30 days of this order.
NOTICE OF LIEN AND INTENT TO RECORD — A certified copy of this Order may be recorded in the
official records of Okaloosa County, and thereafter, shall become a lien against any real and personal
property owned by Respondent(s), until satisfied, and at which the City may seek to foreclose on said
recorded lien after 90 days from the date of filing, pursuant to City of Crestview Code of Ordinances
and Florida Statutes Section 162.09. Name and address of lien holder: City of Crestview, 198 North
Wilson Street, Crestview, Florida 32536.