HomeMy Public PortalAbout108 BookerCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
Hayvard Lee,
Respondents.
Inst. #3458480 Bk: 3549 Pg: 1742
Page 1 of 3 Recorded: 5/26/2021 10:14 AM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK sivy
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
CASE# 21-391
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on May 181h, 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, Hayvard Lee, whose last known mailing address is 879 Mcdonald St Crestview,
FL 32536, is the owner of the property located at, 108 Booker Street, Crestview, FL 32536, AKA
PIN# 17-3N-23-2490-0076-0130, and more particularly described as:
CRESTVIEW LOT 13 & N1/2 OF LOT 14 BLK 76
2. The conditions on the property consist of a large amount of trash, debris, and an inoperable vehicle.
The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by
certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated
that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing
Standards - Sec. 38-4(1), (4). - Maintain a public nuisance prohibited, and Chapter 70, of the City
of Crestview's Code of Ordinances and requested correction of the violation by January 25, 2021.
Re inspection of the property on February 9, 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
- Sec. 38-4, (1),(4). - Maintain a public nuisance prohibited, and Chapter 70, 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:
8. On or before June 19, 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 June 19, 2021, the Respondent is to correct the violation(s) by conducting the
following action(s): remove the vegetation, junk/debris, trash and bring the inoperable vehicle to
a state of being ready for highway use and affix a license plate to it or remove it from the property.
10. If the violation(s) are not corrected by June 19, 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% per annum until paid.
Done and Ordered on the 18th, Day of May 2021.
Specian7 agistrate
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 0kaloosa 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.