HomeMy Public PortalAbout21-791 418 springCITY OF CRESTVIEW FLORIDA
Xal
to SPECIAL MAGISTRATE
198 Wilson Street North
mr"S Crestview, FZ 32536.;
City of Crestview, Florida,
Petitioner,
VS.
Kenneth J. and Connie M. Siler
497 S Wilson Street
Crestview, FL 32536
Respondents.
Inst. 434 3010 Bk: 3569 Pg: 100g
Page 1 of 3 Recorded: &24/2021 10:35 AM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK fivy
JD PEACOCK 11 CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-791
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, Kenneth J. and Connie M. Siler, whose last known mailing address is
497 S Wilson Street Crestview, FL 32536, is the owner of the property located at, 418 N.
Spring Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0057-0110, and more
particularly described as:
CRESTVIEW LOT 11 BLK 57
2. The conditions on the property consist of a stack of tires placed by the street that is not
acceptable refuse for collection and must be taken to an approved facility for disposal.
Also, the required skirting has not been placed around the mobile home.. The violation(s)
were first observed on March 31, 2021. A Notice of Violation was mailed by certified mail
May 21, 2021 and received by respondent on June 3rd 2021. The Notice stated that the
condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing
Standards - Maintain a public nuisance prohibited, of the City of Crestview's Code of
Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and Recycling
Sec. 27 (7), and requested correction of the violation by June 1, 2021. Re inspection of
the property on June 2, 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 - Maintain a public nuisance prohibited, of the City of Crestview's
Code of Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and
Recycling Sec. 27 (7).
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):
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 Properly 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 17, Day of August 2021.
=rt.
Specia 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.