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Home My Public Portal About20-851id CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION Ae-.. 198 Wilson Street North Crestview, FL 32536 (85o) 683-o896 NOTICE OF PUBLIC HEARING DATE: October 15, 2020 Fryoux, Gene Isadore III 106 Mearthur Street Crestview, FL 32539 RE: CASE# 20-851 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 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 106 Mcarthur St Crestview, Florida 32539, more particularly described as: PIN# 08-3N-23-0742-0004-0200 E.DNEY 2ND ADD N125 FT OF LOTS 19-21 BLK 4 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 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. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. End Notice of Violation EXHIBIT # 53 I 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 Oglesby Compliance Administrator Senidaoglesby cityofcrestview.org 850-306-3692 Form 53A Appendix & Revised July 2013 City of Crestview, a Municipality of the State of Florida Nelh inner, VS. Fryoux, Gene .tsadore III 106INIcarthur Street Crestview, IT 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. 38-4. - Nlaintain 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: 106 Mcarthur Street, Crestview, Florida 32539 Fryoux, Gene Isadore III 3. Name and address of property owner where violation(s) exist: 106 Mcarthur Street Crestview, FL 32539 4. Description of violation(s): The parcel of land contains an accumulation of debris, rubbish, trash, garbage, and junk, that is a nuisance and threatens or endangers the public health, safety, or welfare. The nuisance may reasonably cause disease and possess an adverse effect that impairs the economic Nvelfare of adjacent property. 5. Date violation(s) were first observed: July 30 ,2020 6. Date owners of property were given notice of violation: July 30, 2020 -August 19, 2020 7. Date onlby violations) to be corrected: August 14, 2020 - September 4, '020 EXHIBIT # 54 8. Date of re -inspections: August 19, 2020 - August 19, 2020 -- October 6, 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. Y Code Compliance icer Date INSPECTION OF UNSAFE BUILDIN `_ `: /STRUCTURE DATE: JULY 20, 2020 I NAME: GENE FRYOUX ADDRESS: 106 MCARTHUR STREET I PIN# 08-3N-23-0742-0004-0200 Unsafe structure is defined as, one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure or, because such structure is unsafe or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. ❑ Sec. 38-15. Order to Vacate. The structure is unfit for human habitation and occupancy, and is not in danger of structural collapse, but is open such that the interior of the structure is easily accessible through open or broken windows, open or broken doors, or missing structural elements. Sec. 38-19. Criteria to Demolish. The structure poses a serious threat to public health, safety, or welfare; or, it amaged, deteriorated, or defective to such an extent that the cost of restoration or repair exceeds fifty-one percent of the assessed building value. ❑ Sec. 38-25. Order to Repair. Structure, or parts thereof, does not meet the standards required by this chapter, presents a serious threat to the public, health, safety, and welfare of the community. The structure must be repaired, stabilized, or replace any part of the structure, including the removal of any work done in violation of this code. ❑ Sec. 38-27. Order to Secure. It is unlawful to maintain vacant structures that are unsecured or do not meet the requirements as outlined in this chapter. No structure may be boarded up for more than thirty (30) days unless: The owner is granted a written waiver signed by the building official land the Code Official, or, the structure has been closed in accordance with this code. ❑ Sec. 38-17. Supplemental provisions. Prior to occupancy, every residential or nonresidential structure or building shall be connected to utility systems as follows: Every occupied structure shall be properly connected to a public water system or an approved private water system: Every occupied structure shall be properly connected to a public sewer system or an approved private sewage system and, Every occupied structure shall be provided with an electrical system that shall be connected to a source of power in accordance with the Florida building code. ❑ Sec. 38-18. Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to eliminate an immediate hazard to life or property or when such utility connection has been made without approval to any building, structure, or system regulated by this chapter. COMMENTS: I� n n ";' l ") /A y �0Al IGNATURE OF INSPECTOR PRINTED NAME .�N I • • ' ■ Complete items 1, 2, and 3. A. Signature Agent ■ Print your name and address on the reverse X ` so that we can return the card to you.Addressee M Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 13Yes If YES, enter delivery address below: 0 No Fryoux Gene Isadore III 106 Mcarthur St Crestview, FL 32539 11 1111� 111111111111111 II � 111111 I'll 1111 l3. 11 Service Type ❑Adult Signature ❑ Adult Signature Restricted Delivery ❑ Priority Mail M ss® ❑Registered MailallT ❑ Registered Mail Restricted 9590 9402 5148 9122 3701 85 ❑ Certified Mail® ❑ Certified Mail Restricted Delivery Delwery ❑ Return Receipt for 2. Article Number (Transfer from service label) ❑ Collect on Delivery _ _ Collect on Delivery Restricted Delivery Merchandise TM ❑ Signature Confirmation ❑ Signature Cor° ation 7 018 3090 0001 4427 Aali 8046 n Rewiuted Delivery Restricted D, PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Postal Service TM .ni RECEIPT o -r C3 `° ' t~ru t �l I$ertifled Mail Fee — — — — fIII Services & Fees (checibox, addA;ep r-q rn Receipt (hardcopy) $ Return Receipt (electmnle) $ C3 [I Certified Mail Restricted Delivery $ Postmark❑AduR Signature Required $ - I�,r{ /►/1T �H'7e�� 0 El Restricted Delkery $ I VLI f Er Postage — — C] .1$ M (Total Postage and Fees ta'1 f' Fryoux Gene Isadore III 106 Mcarthur St --------------------------------------- Crestview, FL 32539 -------------------------------------- EXHIBIT # 52 ,Jul 17, 2020 at 9,367 .}''. e�.•y �_ _ `liar ram. 14, 153 McArthur St Crestview FL 32539 , - r • � � � irk' . art k, r. ,.•fE. .yid � _,r __ ~f.�� „�- •."",•3h'� ��. u �A StND1511- Complete items 1, 2, and 3. A. Signature Print your name and address on the reverse X n� ❑ Agent so that we can return the card to you. `_ ❑ Addressee -- Attach this card to the back of the mailpiece, B. Recepv (Printed Name) C. of Delivery or on the front if space permits. L� ) %' )/- 1. Article Addressed to: D. Is delivery address different fr�item 1? ❑ Yes 6&.jc- FR Y o%4y- Ill If YES, enter delivery address Below: ❑ No /v 4. 04�A2trttwr S� C-e�rvices�j Ft 32 s39 III�I I'll I'I IIII'�IIIII II l ll I) I �l l l I l (�lI 3. Service Type El Adult geg ❑ Priority Mail Express® 9590 9402 5148 9122 3700 86 El Adult Signature Restricted Delivery rlifiedMail® ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise Article Number_ (Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationT Ylail ❑ Signature Confirmation 7 018 3090 0001 4427 7940 Uiail Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 - Domestic Return Receipt .c C3 CERTIFIED MAILD RECEIPT =I Domestic Er N r� .. U ELF Certified - - Mail Fee - -[416W Extra Services & Fees (checkbox, add fee as appropriate) ,� 0 Return Receipt (hardcopy) e,'� -; $ 1 C3 ❑ Return Receipt (electronic) $ C3 ❑Cartiffed Mail Restricted v '1 14 Delivery $ � E]AdultSignatureRequired . H GO,?O $ ❑ Adult Signature Restricted Delivery $ r3 Er Postage r 3 fOtal Postage and Fees - - — — — - c0 $ C3 S��T4"e- F Q_.a-- $treat andslpt" No:, - --------------------------------- I ! PO x No. /ob C- C. ------------------ S`ta-te, A44e �L 32 r� �► - EXHIBIT # 55 A - CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: August 19, 2020 Case #: 20-00000851 GENE FRYOUX III 106 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: 106 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0004-0200 Legal: EDNEY 2ND ADD N125 FT OF LOTS, 19-21 BLK 4, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 04, 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 # 56 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: July 30, 2020 Case #: 20-00000851 GENE FRYOUX III 844 MEADOW LN FORT WALTON BEACH, FL 32547 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: 106 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0004-0200 Legal: EDNEY 2ND ADD N125 FT OF LOTS, 19-21 BLK 4, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by August 14, 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 # 58 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-00000851 PROPERTY ADDRESS 106 MCARTHUR ST -------------------------------------------------------------- VIOLATION: CH 38-3 (4) QUANTITY: 1 DESCRIPTION: HEALTH & SANITATION REMOVE DATE: 7/29/20 LOCATION: ORDINANCE DESCRIPTION : ORDINANCE VIOLATED: HEALTH AND SANITATION CHAPTER 38 SECTION 38-3 CONDITIONS & CONDUCT The existence of any of the following specific conditions or conduct is hereby declared to constitute a public nuisance: Buildings which are unoccupied, abandoned, boarded up, partially destroyed, or left for unreasonably long periods of time in a state of partial construction or disrepair, such as broken windows, partial walls and foundations, unpainted or peeled paint surfaces, etc., abuse or neglect as to appearance provided that any unfinished building or structure which has been in the course of construction three years or more, and which the appearance and other conditions of such unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood or is a nuisance, shall be deemed and presumed to have been left for an unreasonably long period of time in the sense of this subsection. CORRECTIVE ACTION REQUIRED : YOU MAY ABATE THIS VIOLATION BY THE FOLLOWING ACTIONS: (1) Remove structure in accordance with law, including obtaining a building permit according to state and local building codes. (2) A demolition permit shall be obtained prior to removal of the structure. ('11 Tf the permit exnirep Prinr to cormiAtion of removal of the structure, this case maybe 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. (4) You must remove and dispose of all the debris associated with any demolition activity. (5) If you need financial assistance to pay for the cost of removal, the City may be able to assist you. Please contact the Community Development Services office at 850-306-3692, if you would like to discuss options for assistance. (6) Any financial assistance provided by the City will be EXHIBIT # 59 VIOLATION DETAIL PAGE 2 CASE NUMBER 20-00000851 PROPERTY ADDRESS 106 MCARTHUR ST CORRECTIVE ACTION REQUIRED : recouped by a voluntary lien being placed on the property naming the City first lien holder. -------------------------------------------------------------- VIOLATION: CHAPTER 38 SECT. 38-4 (D) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 7/29/20 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 Maintain a public nuisance prohibited 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. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property.