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):