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HomeMy Public PortalAbout20-583y. CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestvieav, FL 32536 (85o) 683-o896 NOTICE OF PUBLIC HEARING DATE: October 15, 2020 Bowden Kristal & Donna 175 Mcarthur St Crestview, FL 32539-0000 RE: CASE# 20-583 Dear Property Owner: You are hereby formally notified that on November 17, 2020, at 6:00 P.M., there will be a Public Hearing at City Hall, located at 193 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 175 Mcarthur Street, Crestview, Florida 32539, more particularly described as: PIN# 08-3N-23-0742-0006-0030 EDNEY 2ND ADD LOTS 3 TO 5 INC BLK 6 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 tine. 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, and such 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. Encl: Notice of Violation F.YTTTTtTT A 92 -', `l r ••TO r� Ste- ,.� ~i ' »�-_ spy`•re '- L t ,y�r �w,t ,L;^ � � 1 �S. 'fit` ,€_ �• i .3 COMPLETE/N COMPLETE THIS SECTIONON DELIVERY Complete items 1, 2, and 3. " Print your name and address on the reverse f agent x- ~�" so that we can return the card to you. I tVU ❑ Addressee Attach this card to the back of the mailpiece, B. Received minted Name) C. Date of Delivery or on the front if space permits. 1- Article addressed to: D. is delivery address different from item 1? ❑ Yes Bowden Kristal & Donna If YES, enter delivery address below: ❑ No 175 Mcarthur St Crestview, FL 32539-0000 3. Service Type 0 Priority Mail ExpressO Adult Signature 0 Mail- Re El0 Adult Signature Restricted Delivery ❑ gglstered Mail Restricted 9590 9402 5148 9122 3701 92 ❑ Certified Mall® Del very 0 Certified Mall Pastioted Delivery E3 Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConflrmationTm ❑ Mail ❑ Signature Co, :,r_-n _ 7 018 3090 0001 4427 Insured II Restricted Delivery fiastricted Dt 8060 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Postal 0 PRTIFIED mestic MailOnly ca k fl l Certified Mail Fee I I$-� 5ervic & Fees lclr•abox add led a $Jp Hecdul QNrQC7Pl�t C3 Retum Receipt (electronic) $ Cl ❑ C-wtWed Mail ReWcted Delivery S Postmark Off t )7e100 E3 []Adult signature Required $ [:]Adult Signature Restrtcted Delivery $ C] Postage D-'-- o is M Total Postage and fees i1 Y Sen• "^ C3 Bowden Kristal & Donna.--------------------------------------� pia 175 Mcarthur St Crestview, FL 32539-0000 EXHIBIT # 22 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, 4Xt4j /6jA?- Senida Oglesby Compliance Administrator Senidao alesbv(a.citvofcrestview.ora 850-306-3692 Form A3A Appendix 8 Rev➢sw July 100 City of Crestview, a Municipality of the State of Florida Petitioner, VS. Bowden Kristal & Donna 175 Mcarthur Street Crestview, FL 32539 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. 384. - Maintain a public nuisance prohibited. Sec. 38-4. - Maintain a public nuisance prohibited. d) The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. 2. Location/Address where violation(s) exists: 175 Mcarthur Street, Crestview, Florida 32539 3. Name and address of property owner where violationBowden Kristal &, Donnas) exist: 175 Mcarthur Street Crestview. FL 32539 4. Description of violation(s): Accumulation of debris, rubbish, trash, garbage and junk to the extent that it poses a threat to the public's health, safety or welfare and may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property. 5. Date violations) were first observed: May 13, 2020 6. Date owners of property were given notice of violation: May 20, 2020 — June 5, 2020 — July 22, 2020 7. Date on/by violation(s) to be corrected: June 5, 2020 — July 31, 2020 EXHIBIT # 24 8. Date of re -inspections: June 5, 2020 - July 17, 2020 -- August 5, 2020 9. Results of re -inspections: Non -Complaint Based upon the foregoing, the undersigned Code Compliance Officer hereby confirms that the above described violation(s) continue to exist, or .has been repeated, and that attempts to obtain compliance have been unsuccessful. Code Com an`1"icer Date v I •mpcorr)qis SECTION COMPLETE• ON DELIVERY ■ Complete Items 1, 2, and 3. A. Sign Print your name and address on the reverse X 0 so that we can return the card to you. ❑Addressee Attach this card to the back of the mailpiece, B. eceived (Printed Name) C. Date of Delivery I or on the front if space permits. �rt —,y � ,, r—LE 7 1. Article Addressed to: is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No Z ressQD II I �III�I IlII III I IIII IIIIIII II I �� I II III I III III E3 Adult ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 5148 9122 3722 95 ❑ eCertified Mail Restricted Delivery ❑ Return Receipt for Article Number (Transfer from service label) ❑ Collect on Delivery Li collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation^" . ------` ylai ❑ Signature Cor" �tion 7 018 3090 0001 4427 8732 Wail Restricted Delivery Restricted Dr PS Form 381 1,July 2015 PSN 7530-02-000-9053 ❑❑Mestic Return Receipt ; ru ` - m .. Only tti • • • f lwl W Certified Mail Fee $ I g We Services & Fees (check box, add fee as appropriate) W.a-dwPA � °"'C. r3 ❑ Return Receipt (electradc) $ . +d Postmar� r-3 ❑ CertHle`Waq Res4lcted DeiWery $ _ U_ Herec ) C3 ❑ Aduft SWnure Required $ C� ❑ Adult signature ResWed Delivery $ S Er r Postage f� C3 f M ITotal Postage and Fees $ �r3 S---`----- ---- etandApE"l1fo., orP"[7I3oxNo: 7S. O_gc.RR 5T '-tree :- --------- - -- -I - 3z_ l6 / - -- - - - EXHIBIT * 25 CITY OF CRESTVIEW )MMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: July 22, 2020 Case #: 20-00000583 KRISTAL & DONNA BOWDEN 175 MCARTHUR ST CRESTVIEW, FL 32539 Dear KRISTAL & DONNA BOWDEN, THIRD 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: 175 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0006-0030 Legal: EDNEY 2ND ADD LOTS 3 TO 5 INC, BLK 6, TRASH & DEBRIS IN BACKYARD If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 31, 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 e EXHIBIT # 26 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-00000583 PROPERTY ADDRESS 175 MCARTHUR ST -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (3) (A) QUANTITY: 1 DESCRIPTION: CONDITIONS & CONDUCT- ODOR,GAS DATE: 5/13/20 LOCATION: ORDINANCE DESCRIPTION : CH 38 Health & Sanitation Sec. 38-3 (3) (a) - 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: (3) A condition or use that unreasonably intrudes upon the free use, privacy and comfortable enjoyment of the property of the citizens of the city. The use or condition may be considered an unreasonable intrusion upon the free use and comfortable enjoyment of property when one or more of the following conditions are found to exist: a. The repeated intrusion upon property adjoining or surrounding the use or condition identified in the complaint of odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases from the property. -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (7) QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION - 38-3 (7) DATE: 5/13/20 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 : EXHIBIT # 27 VIOLATION DETAIL PAGE 2 CASE NUMBER 20-00000583 PROPERTY ADDRESS 175 MCARTHUR ST CORRECTIVE ACTION REQUIRED : You may abate the violation by cleaning up and removing the excessive overgrowth, trash and debris from the property. SENDER: COMPLETE THIS SECTIONI COMPLETE. ON DELIVERY • Complete items 1, 2, and 3. A. Signature 0 Agent ■ Print your name and address on the reverse X f At- C-(D(,O e i ❑ Addressee so that we can return the card to you. S. Received by (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, q or on the front if space permits. MI co � C � ` o b 1- Article Addressed to: D. is delivery address different from item 1? Yes If YES, enter delivery address below: p No ) 0A)A;A Q OWb EA) � s-rvtEta� FL 3Z5'39 3. IIIIIlIIIIIIIIIINIII1111111!IIIIIIIIIlIIII!II ST oC Reat ,De yan 9590 9402 4237 8121 3706 59 ° certified Mail Resit 4W DOWM p Collect oq,ery :. Article Number (Transfer from service label) ❑ Coned on DeNvavyRestricted Delivery 7018 3090 0001' 4427 8398 )131 0W°'' Ps Form 3811, July 2015 PSN 7530-02=000-9053 D^ Westic Mail Only MW rrl FF I C 0 A L ru Certified Mail Fee $ Fxtra Services $ Fees (checkbox, add fee as eppropriate) r=l 0 Retum Receipt (hardoopy) $ p ❑ Serum Receipt (elechonic) $ J�/p03M1ark ^ �f C7 ❑ CerNed Mail Restricted Delivery $ t t \ r6 c = Q ❑ Adult signature Required $ ❑ Adult Signature Restricted Delivery $ D• Postage M iTbtal Postage and Fees CD $ n r Streei an t No., oTFf(S�I o: - -- Fi- 3"39 I �Nf 1 Yh a;ti 10.f�11lS.'i.�iliv_y�Ly.�+� .L1w_L.�w fuLVai O Priority Mail Express® ❑ Registered Mail- ❑ Reeggistered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Cor"- rletionT 08 ignature Cr rtlon Restricted fl.- Domestic Return Receipt EXHIBIT # 28 CITY OF CRESTVIEW --OMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 5, 2020 Case #: 20-00000583 KRISTAL & DONNA BOWDEN SECOND NOTICE 175 MCARTHUR ST CRESTVIEW, FL 32539 Dear Property Owner, 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: 175 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0006-0030 Legal: EDNEY 2ND ADD LOTS 3 TO 5 INC, BLK 6, EXCESSIVE TRASH & DEBRIS IN BACKYARD If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 19, 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 1P.3M11RTT # 29 VIOLATION DETAIL CASE NUMBER 20-000ou583 PROPERTY ADDRESS 175 MCARTHUR ST -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (3) (A)' QUANTITY: 1 DESCRIPTION: CONDITIONS & CONDUCT- ODOR,GAS DATE: 5/13/20 LOCATION: ORDINANCE DESCRIPTION : CH 38 Health & Sanitation Sec. 38-3 (3) (a) - 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: (3) A condition or use that unreasonably intrudes upon the free use, privacy and comfortable enjoyment of the property of the citizens of the city. The use or condition may be considered an unreasonable intrusion upon the free use and comfortable enjoyment of property when one or more of the following conditions are found to exist: a. The repeated intrusion upon property adjoining or surrounding the use or condition identified in the complaint of odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases from the property. -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (7) QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION - 38-3 (7) DATE: 5/13/20 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 : PAGE 1 EXHIBIT * 30 CASE NUMBER PROPERTY ADDRESS I 20-000'Ou583 175 MCARTHUR VIOLATION DETAIL ST CORRECTIVE ACTION REQUIRED : You may abate the violation by cleaning up and removing the excessive overgrowth, trash and debris from the property. PAGE 2 • • TAIS SECTION ON DELIVER�;" IS Complete Items 1, 2, and 3. A, Sig�m 0 Part your name and address on the reverse �� so that we can return the card to you. %� O Agent IF Attach this card to the back of the mailpiece, B. Received by (Printed lyre 0 Addressee or on the front if space permits. C. Date of Delivery I , Article Addressed to: CoCoV `! `- Krisr4l 4- b„W, j.A Xx4jen 1-7 5- m-4r4 r 5-- C-resTvt e4J) F*1. 3;-539 II IIillll MI 1111111111111111111111111111111 9590 9402 4237 8121 3706 66 2. Article Number (transfer from service /abso 7018 3090 0001 4427 PS Form 3811, July 2015 PSN 7530-02-000-9053 D. is delivery address d nt from item 1? Oyes If YES, enter delivery address below: qNo 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery �rlified Mall® O Registered Mail® O �__ � d Mail Rastri ed �'"� O CerMed Mail Restrloted Delivery O collect on Delivery O Return Receipt for Merchandise _u collect on Delivery Restricted Delivery O Signature confirmatio ° 7872 Mall Restricted Delivery D R gent' Co,re V� Domestic Return Receipt EXHIBIT # 31 CITY OF CRESTVIEW OMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 20, 2020 Case #: 20-00000583 KRISTAL & DONNA BOWDEN 175 MCARTHUR ST CRESTVIEW, FL 32539 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: 175 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0006-0030 Legal: EDNEY 2ND ADD LOTS 3 TO 5 INC, BLK 6, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 05, 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 1 - EXHIBIT # 32 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-OOOOu583 PROPERTY ADDRESS 175 MCARTHUR ST -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (3) (A) QUANTITY: 1 DESCRIPTION: CONDITIONS & CONDUCT- ODOR,GAS DATE: 5/13/20 LOCATION: ORDINANCE DESCRIPTION : CH 38 Health & Sanitation Sec. 38-3 (3) (a) - 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: (3) A condition or use that unreasonably intrudes upon the free use, privacy and comfortable enjoyment of the property of the citizens of the city. The use or condition may be considered an unreasonable intrusion upon the free use and comfortable enjoyment of property when one or more of the following conditions are found to exist: a. The repeated intrusion upon property adjoining or surrounding the use or condition identified in the complaint of odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases from the property. -------------------------------------------------------------- VIOLATION: CHAPTER 38-3 (7) QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION - 38-3 (7) DATE: 5/13/20 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 : EXHIBIT # 33 C) C) folt> Im V) C) 0 CY! 0. o 0 C2 LU f� Z 01 LS; # JLIUIHXH m � CL CE) co CD ru E:3 M r-3: M Ir M m ro r=1 ED (n U) c CO 0) CY) E LO a C\I 0 CY) o U- x 0 a) 0 EM:E d E CDto 0 0 0 a: 0 IiC'6 rd > w J n <4j X P 4 0 U— ULJ UJ (D ob U- 1 A, 10 Oil LF0 em ly) N