HomeMy Public PortalAbout21-479 663 Lee Recorded FOFCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
WM
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Birdie M Richardson
3546 Whisper Lane
Crestview, FL 32539
Respondents.
Inst. #3492880 Bk: 3577 Pg: 795
Page 1 of 3 Recorded: 9/29/2021 3:07 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK sdoscher
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
CASE# 21-479
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on September
21, 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, Birdie M Richardson, whose last known mailing address is 3546
Whisper Lane, Crestview FL 32539, is the owner of the property located at, 663 Lee
Avenue , Crestview FL 32539, AKA PIN# 21-3N-23-1670-0007-0110, and more
particularly described as:
MORRIS ADD CRESTVIEW LOTS 11 TO 17 INC BLK 7
2. The conditions on the property consist of an unsafe dilapidated mobile home. The
violation(s) were first observed on May 1, 2021. A Notice of Violation was mailed by
certified mail June 2, 2021 and received by respondent on June 3, 2021. The Notice stated
that the condition(s), constituted a violation of Chapter 38 Property Maintenance and
Housing Standards - Sec. 38-18 (d), of the City of Crestview's Code of Ordinances and
requested correction of the violation by June 15, 2021. Re inspection of the property on
June 16,2021, 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 - Sec. 38-18 (d), 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 October 22, 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 October 22, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Obtain a building permit to demolish the mobile home or remove it from the
property.
b. If the mobile home is demolished, remove all demo debris from the property.
10. If the violation(s) are not corrected by October 22, 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.
Done and Ordered on the 21st, Day of September 2021.
Digitally signed by Samuel
Samuel B.
B. Taylor
021.09.2818:04:38
Taylor -05'00'
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.