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HomeMy Public PortalAbout21-1174 299 School Recorded FOFCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #3506549 6k: 3588 Pg: 479 Cl of Crestview Page 1 of 3 Recorded: 11 /18/2021 10:44 AM > Florida, RECORDING ARTICLE V. $12.00 RECORDING: $15.00 Petitioner, VS. Jolly Ira Jr Et AL 299 School Ave Crestview, FL 32539 Respondents. DEPUTY CLERK sdoscher JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 21-1174 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on November 16, 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, Jolly Ira Jr, whose last known mailing address is 299 School Ave., Crestview, FL 32539, is the owner of the property located at, 299 School Avenue, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0008-0010, and more particularly described as: SULLIVAN ADD LOT 1 BLK 8 & LOT B BLK 8 LOT B ALSO DES AS BEG SE COR OF SAME S 105FT W 210FT N 105FT E 21OFT TO BEG 2. The conditions on the property consist of an unsafe accessory structure, an inoperable vehicle, and excessive overgrowth. The violation(s) were first observed on June 10, 2021. A Notice of Violation was mailed by certified mail June 24, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Section 18, (b), (i), 0), Section 20, and Section 66, of the City of Crestview's Code of Ordinances and requested correction of the violation by July 8, 2021. Re inspection of the property on September 15, 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, (b), (i), 0), Section 20, 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 December 17, 2021, 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 before December 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s):