Loading...
HomeMy Public PortalAbout21-1026 409 wingardCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE z98 T411son Street North jam... Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Jimmie D & Kathy R Henderson 409 Wingard Avenue Crestview, FL 32539 Respondents. ��t►r►r� Inst. #3483008 Bk: 3569 Pg: 1002 Page 1 of 4 Recorded: 8/24/2021 10:35 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 21-1026 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 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, Jimmie D & Kathy R Henderson, whose last known mailing address is 409 Wingard Avenue, Crestview, FL 32536, is the owner of the property located at, 409 Wingard Avenue, Crestview, FL 32539, AKA PIN 16-3N-23-2690-0006-0030, and more particularly described as: WINGARD ADD LOT 3 BLK 6 2. The conditions on the property consist of inoperable vehicles, solid waste and recreational vehicles/tents. The violation(s) were first observed on May 17, 2021. A Notice of Violation was mailed by certified mail June 9, 2021, and received by respondent on June 12, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards- Nuisance conditions, Section 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 21, 2021. Re inspection of the property on June 21, 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- Nuisance conditions, Section 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03,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: S. On or before September 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 September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a.) Bring the inoperable vehicles into a state of compliance by attaching a valid tag or remove them from the property. b.) Remove the solid waste and dispose of it at an approved facility. c.) Remove all tents and recreational vehicles/campers from the property. 10. If the violation(s) are not corrected by September 17, 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 o per annum until paid. Done and Ordered on the 17th, Day of August, 2021. 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.