HomeMy Public PortalAbout21-1319 Recorded OrderCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
US Bank Trust
C/O Hudson Homes Mgt LLC
3701 Regent Blvd
Suite 200
Irving, TX 75063
Respondents.
CASE* 21-1319
Inst. #3511666 Bk. 3592 Pg: 542
Page 1 of 3 Recorded: 12/912021 3:23 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
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, US Bank Trust c/o Hudson Homes Management, whose last known mailing
address is 3701 Regent Boulevard, Suite 200, Irving, TX 75063, is the owner of the property
located at 122 W First Avenue, Crestview, FL 32536, AKA PIN# 07-3N-23-1760-0006-0160,
and more particularly described as: NORTH HILL S/D LOT 16 BLK 6
2. The conditions on the property consist of overgrown vegetation. The violation(s) were first
observed on July 9, 2021. A Notice of Violation was mailed by certified mail July 12, 2021. The
Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance
and Housing Standards - Sec. 18 (k) of the City of Crestview's Code of Ordinances and
requested correction of the violation by July 21, 2021. Re inspection of the property on July
23, 2021, confirmed that violation(s) continue to exist on the property.
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 18 (k) 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 Properly 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. Remove the vegetation in excess of twelve (12) inches.
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 when the 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: 2021.12.09
14.38:35 -06'00'
Special Magistrate
City of Crestview, Florida
V �.v
NO.I�i.►1
II
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.