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HomeMy Public PortalAbout20-416CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 3�536 (85o) 683-o896 NOTICE OF PUBLIC HEARING DATE: October 15, 2020 Lee Hayvard 879 McDonald Street Crestview, FL 32536-4719 RE: CASE# 20-416 Dear Property Owner: You are hereby formally notified that on November l 7, 2020, at 6:00 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North Crestview, Florida in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 879 McDonald Street, Crestview, Florida 32536, more particularly described as: PIN# 20-3N-23-0830-0003-0080 FAIRVI.EW ADD LOTS 8 THRU 10 BLK 3 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5.000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special ,'Magistrate, andsuch costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End Notice of Violation EXHIBIT # —(P 4 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Senida Oglesbsb y a+--� Compliance Administrator Senidaoalesbvfii? citvofcrestview.oriz 850-306-3692 Farm S3A Appendix 8 RMv l July 2013 Ll Feb2l,'2020 03:24:46 PM w i •�trl� � '+ e7-02Q 03: �. tip` °t' � • I PIA i . SENDER:comPLETE THIS SECTION ON OELIVERY A. Signature p Agent items 1, 2, and 3.[I Addressee Print your name and address on the reverse V� p, Date of Delivery so that we can return the card to you. B. etv by (Prints Name) 1 Attach this card to the back of the mailpiece, t �. f a `%g- or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES, enter delivery address below: ❑ No Lee Hayvard 879 Mcdonald St Crestview, FL 32536-4719 NIIN909402 NBNII51Ufl11NIIIIII02 60 NIIN 3. Service TYPe ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mall Restrided Delivery ❑ Collect on Delivery - - ' i Delivery ResMcted Delivery ,is Number (�csmber liransfer fm all 2. Arti❑ ❑ l � 4 8QC3� 2 ali Fiestdewd Del;uery 7❑ �i P 3090 1 (over$500 PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Priority Mail Express® 0 Registered MailM ❑ Registered Mail Restricted Delivery ❑ RMetu handisePt for ❑ Signature ConfirmationT" ❑ Signature Confirmation Rest,,d:, De' Domestic Return Receipt Postal o RECEIPT AFRTIFIED MAILPlWmestic Mail Only ro x _ i.-. 6 z r- ru Cert fled Mail Fee $ Services& ees(cbeckbox,adtl $ O `' 0 slum Receipt lnerd:py) ❑ Retum R7Pt (electronic) $ v) : { POst(2>j�(0 .. Q ❑ CertHled Mall ReWated Delivery $ $ l J I fif ti 1 f �It Q ❑Adult signature Required Adult Signature Restricted Delivery $ Y 4 C3 PostageEr rr'1 Total Postage and Fees ca $ _ a �5 Lee Hayvard E 879 Mcdonald St Crestview, FL 32536-4719 Fi Vj4T72TT -4 1 4 7 City of Crestview, a Municipality of the State of Florida Petitioner, VS. Lee Hayvard 879 McDonald Street Crestview, FL 325364719 Respondent, STATEMENT OF VIOLATION The undersigned Code Compliance Officer hereby gives notice of uncorrected violation(s) of the City of Crestview's, Code of Ordinances, more particularly described herein. 1. Code of Ordinance Violated: Chapter 38 Property Maintenance and Housing Standards -Sec. 38-4. - Maintain a public nuisance prohibited. a) Inoperable vehicles area nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame, vehicle body, or parts, shall be parked or stored on any property, public land, right-of-way, or easement. Any vehicle or inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavators, front end loaders, which by quantity, placement or visibility would in any way constitute a public nuisance as defined in this Chapter shall be considered to be a violation of this code and subject to penalties as outlined in this Chapter. 2. Location/Address where violation(s) exists: 879 McDonald Street, Crestview, Florida 32536 Lee Hayvard 3. Name and address of property owner where violation(s) exist: 879 McDonald St Crestview, FL 325364719 4. Description of violation(s): Multiple inoperable vehicles, motor vehicle frames, vehicle body, and parts, are parked/stored on this parcel of property and within the right-of-way. 5. Date violation(s) were first observed: February 27, 2020 6. Date owners of property were given notice of violation: March 6, 2020 —May 13, 2020 7. Date on/by violation(s) to be corrected: March 27, 2020 EXHIBIT # 8. Date of re -inspections: May 13, 2020 Augusl 0, 2020 —October b, 0-10 9. Results of re -inspections: Non -Complaint Based upon the foregoing, the undersigned Code Compliance Officer hereby confines that the above described violation(s) continue to exist, or has been repeated, and that attempts to obtain compliance have been unsuccessful. Code Compliance fSfficer Date ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i A. Signature a Agerit X K- � ❑ Addressee 13, Paved by (Printed NaMe) C. mate of Delivery D. Is delivery address dt-erent from item 1? ❑ Yes If YES, enter delivery address below: E3 No 3 Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑Re�gistte�rredd Mail*'" ❑ Mail Restricted 9590 9402 5148 9122 3701 09 g tll4ed Mail® o Cl~ Mali Ree#kW Delivery Dees�iatered ❑ Retum Receiptfor Mercnandise ❑ Collect on Delivery Delivery Restricted Delivery ati ❑ Signature Confirmation' 2. Article Number (Transfer from service label) n -oll ctt Mail 'an ❑ Sinature Cone on 7018 3090 0001 4427 7964 •Mall Restricted Delivery oDi Restricted DE PS form 811, July 2015 PSN 7530-02-000-9053 3 Domestic Return Receipt �6 Er — r- r- n l Ct ri C3 C3 C3 0 iT O M CO r� O ❑ Retum Receipt (hardcopy) $ tiy` ❑ Retum Receipt (electronic) $ ..r1 Certified Mail Restricted Delivery $! [ ❑ Adult signature Required Adult Signature Restricted Dallvery $ !'�� 1 !if' r'U�LI ,u% 1 �k dt• nor � �tc..1:i- v� +::is41,tl.ti ,f:uit-�f EXHIBIT #_ CITY OF CRESTVIEW �OMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: August 20, 2020 Case #: 20-00000416 RAYVARD LEE 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear Property Owner, SECOND NOTICE This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 879 MCDONALD ST Tax Identification Number: 20-3N-23-0830-0003-0080 Legal: FAIRVIEW ADD LOTS 8 THRU 10, BLK 3, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 18, 2020, this case may be scheduled for a public hearing before the City of Crestview Code Enforcement Board. The Code Enforcement Board has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Scott Sullivan Code Enforcement Officer EXHIBIT # t9 4+0 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-Ouo00416 PROPERTY ADDRESS 879 MCDONALD ST -------------------------------------------------------------- VIOLATION: CHAPTER 38 SECT. 38-4 (A) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLES DATE: 8/20/20 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - Maintain a public nuisance prohibited Inoperable vehicles are a nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame, vehicle body, or parts, shall be parked or stored on any property, public land, right-of-way, or easement. Any vehicle or inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavators, front end loaders, which by quantity, placement or visibility would in any way constitute a public nuisance as defined in this Chapter shall be considered to be a violation of this code and subject to penalties as outlined in this Chapter. CORRECTIVE ACTION REQUIRED You may abate the violation(s) by the following action(s). Having the inoperable vehicle,motorcycle, minibike, all -terrain vehicle, boat, excavator or front end loader, repaired to an operating state, affix a current license plate to it, or remove it from the property. EXHIBIT # SENDER: • • . . . Y Complete items 1, 2, and 3. A. Signature Print your name and address on the reverse X n �� ji; Agent that we can return the card to you. c U it E3 Addressee Attach this card to the back of the mailpiece, B. Received by nted Name) C. Date of Delivery or on the front If space permits. o b ; , 1. Article Addressed to: D. Is deliveryaddress different from item 1? ❑ Yes If YES, enter delivery address below. ❑ No 'F79 M CD0AA*CD S'r" C.U-'-WV tEt✓) F..y 3 o253 3. Service Type Ex MallPriority press® ❑ Adult Signature Signature ❑ Adult Signature Restricted Delivery Registered Mall*"+ Registered O grated Man Restricted 9590 9402 4237 8121 3707 65 Wertilled Man 0 ce<UW Mail Restricted Livery my O pt for ❑ Collect on Delivery Merchandise 2 Article Number (Ransfer from service label) u Collect on Delivery Restricted Delivery El Signature Conflrmationm 7 018 3090 0001 4427 7766 Mai Restricted Delivery 08 Y a s Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt o . r� y , F F p R_ .3 rU=-,- Certrfiw Mail Fee Extra ervice��&Fees checkb",addfeeasamropdate)- ` r..9 ❑ Retum Recs�pt0-'WW,, Oardwpy) $ ,� p ❑ Return Re ceipt tetactrorac) $ t9 O El Certified Mail Restricted Delivery $ (� POStrrt8dt t� []Adult Signature Required a MAR"8 2020 `0) Q ❑ Adult Signature Restricted Do[" $ Er Postage O $ M Total Postage an ees tj o9yyR/tl� �''1,1i��,"Q<�oT3oXao--------------------------------------------------- C] Suit �k/ R,3,6 .,n *dui EXHIBIT # -AP 9 CITY OF CRESTVIEW OMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: March 6, 2020 Case #: 20-00000416 HAYVARD LEE 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 879 MCDONALD ST Tax Identification Number: 20-3N-23-0830-0003-0080 Legal: FAIRVIEW ADD LOTS 8 THRU 10, BLK 3, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 27, 2020, this case may be scheduled for a public hearing before the City of Crestview Code Enforcement Board. The Code Enforcement Board has the authority to impose fines of up to $250.00 per day for the first. offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Code Enforcement Officer EXHIBIT # VIOLATION DETAIL CASE NUMBER 20-00000416 PROPERTY ADDRESS 879 MCDONALD ST PAGE 1 -------------------------------------------------------------- VIOLATION: APPLIANCES; ABANDONEMENT QUANTITY: 1 DESCRIPTION: ADANDONED DISCARDED APPLIANCES DATE: 2/28/20 LOCATION: ORDINANCE DESCRIPTION : 823.07 Iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or airtight units; abandonment, discard. It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his or her control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of 11/2 cubic feet or more from which the door has not been removed. CORRECTIVE ACTION REQUIRED : You may correct this violation by immediatley removing the doors from the appliance. Once the doors have been removed you may contact Waste Pro @ 850-689-8600 for pick up. -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (7) QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION - 38-3 (7) DATE: 2/28/20 LOCATION: ORDINANCE DESCRIPTION : HEALTH AND SANITATION CHAPTER 38 Section 38-3 Conditions and Conduct The existence of any of the following specific conditions or conduct is hereby declared to constitute a public nuisance as that item is used in this chapter: (7) The existence of excessive growth of weeds or vegetation, or the existence of any accumulation of debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation, upon any property to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood -destroying insects, or otherwise threatens the public health, safety or welfare. CORRECTIVE ACTION REQUIRED : You may abate the.violation by cleaning up and removing the excessive overgrowth, trash and debris from the property. -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (7) IOV QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION 38-3 (7) DATE: 2/28/20 LOCATION: ORDINANCE DESCRIPTION : CONTINUED EXHIBIT # :* I VIOLATION DETAIL CASE NUMBER 20-00000416 PROPERTY ADDRESS 879 MCDONALD ST PAGE 2 ORDINANCE DESCRIPTION : HEALTH AND SANITATION CHAPTER 38 Section 38-3 Conditions and Conduct The existence of any of the following specific conditions or conduct is hereby declared to constitute a public nuisance as that item is used in this chapter: (7) The existence of excessive growth of weeds or vegetation, or the existence of any accumulation of debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation, upon any property to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood -destroying insects, or otherwise threatens the public health, safety or welfare. CORRECTIVE ACTION REQUIRED : You may abate the violation by having the inoperable vehicle, boat or trailer, repaired to an operating state, have the vehicle, boat, or trailer registered and affix a current license plate to the vehicle,boat or trailer, or remove the vehicle, boat or trailer from the property. -------------------------------------------------------------- VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 2/28/20 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. VIOLATION DETAIL PAGE 3 CASE NUMBER 20-00000416 PROPERTY ADDRESS 879 MCDONALD ST ORDINANCE DESCRIPTION : .Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris.