HomeMy Public PortalAbout21-366CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
v.ery Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Geraldine Mitchell
779 E Chestnut Ave
Crestview, FL 32539-4311
Respondents.
Inst. #3500469 Bk: 3583 Pg: 1896
Page 1 of 4 Recorded: 10l28r2021 9:16 AM
RECORDING ARTICLE V: $16.00 RECORDING: $19.50
DEPUTY CLERK fivy
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-366
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on October 19,
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, Geraldine Mitchell, whose last known mailing address is 779 E Chestnut
Ave, Crestview, FL 32539-4311, is the owner of the property located at, 779 E Chestnut
Ave, Crestview, FL 32539-4311, AKA PIN# 17-3N-23-2490-0110-0060, and more
particularly described as: CRESTVIEW LOT 6 SLK 110
2. The conditions on the property consist of consist of an unsafe structure with unsafe
structural supports and an unsafe roof. The violation(s) were first observed on May
1,2021. A Notice of Violation was mailed by certified mail May 26, 2021. The Notice
stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance
and Housing Standards — Chapter 38, Sec. 65 (k), (n), of the City of Crestview's Code of
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Ordinances and requested correction of the violation by June 8, 2021. Re inspection of
the property on June 10,2021, 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 - Chapter 38, Sec. 65 (k), (n), 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:
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8. On or before November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Obtain a building permit and repair or replace the structural supports and the roof.
10. If the violation(s) are not corrected by November 19, 2021, 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 19th, Day of October, 2021.
Samuel
Be Digitally signed by
Samuel B. Taylor
Taylor
Date: 2021.10.26
15:22:10-05'00'
Special Magistrate
City of Crestview, Florida
CERTIFIED A TRUE CORRECT COPY
CITY OF CRESTVIEW
BYJ /v
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.
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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.
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