HomeMy Public PortalAbout20-186 recorded order+'` CITY OF CRESTVIEW FLORIDA
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SPECIAL MAGISTRATE
W100 198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
John R Jr Vandrasek & H Young,
Respondents.
Inst. #3412167 Bk: 3509 Pg: 3837
Page 1 of 3 Recorded: 12/312020 243 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK HOHARA
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE#20-186
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on November
17, 2020. 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, John R Jr Vandrasek & H Young, whose last known mailing address is, 6640
Bill Lundy Rd Laurel Hill Fl. 32567, is the owner of the property located at, 492 Martin
Luther King JR, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0077-0080, and more
particularly described as:
CRESTVIEW E 41 FT OF W 90 FT OF LOTS 8 TO 10 INC BLK 77
2. The conditions on the property consists of an unsafe structure. The violation(s) were first
observed on June 20, 2019. A Notice of Violation was mailed by certified mail October
23. 2019 and received by respondent on October 26. 2019. The Notice stated that the
condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing
Standards - Sec. 38-18. - Maintain a public nuisance prohibited, of the City of Crestview's
Code of Ordinances and requested correction of the violation by November 7. 2019. Re
inspection of the property on February 24. 2020. 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. - Maintain a public nuisance prohibited, 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 December 17. 2020, 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 Aril 16. 2021, the Respondent is to correct the violation(s) by conducting
the following action(s):
a. Remove the unsafe structure from the property.
10. If the violation(s) are not corrected by April 16, 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 November 2020.
Digitally signed by
Samuel B.
Samuel B. Taylor
Date: 20
Taylor 114:2205-0600'4
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.