HomeMy Public PortalAboutCase 22-300 317 N Lincoln St - Turtle Speed Properties. - FOF RecordedCITY OF CRESTVIEW FLORIDA
i SPECIAL MAGISTRATE `V A- SJ �-
' ;r + 198 Wilson Street North -
- Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Turtle Speed Properties LLC
789 N Ferdon Boulevard
Crestview, FL 32536
Respondents.
1nst #3535178 BIC 3610 P913943
page 1 of 3 Recorded: 3117120221229 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK twaidner
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
CASE# 22-300
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on March 15,
2022. 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, Turtle Speed Properties LLC, whose last known mailing address is 789
N Ferdon Boulevard, is the owner of the property located at, 317 N Lincoln Street,
Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0180-0040, and more particularly
described as: CRESTVIEW LOT 4 BLK 180
2. The conditions on the property consist of a deteriorating structure in need of repair. The
violation(s) were first observed on December 6, 2021. A Notice of Violation was mailed
by certified mail December 30, 2021, and received by respondent on January 22, 2022.
The Notice stated that the condition(s), constituted a violation of Chapter 38 Property
Maintenance and Housing Standards - Sec. 65 (f), (h), Q), (1), (n), (v). - Maintain a public
nuisance prohibited, of the City of Crestview's Code of Ordinances and requested
correction of the violation by February 2, 2022. Re inspection of the property on February
2, 2022, 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. 65 (f), (h), 0), (1), (n), (v). - 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:
8. On or before June 21, 2022, 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 21, 2022, the Respondent is to correct the violation(s) by conducting
the following action(s):
a. Obtain a licensed engineer to perform a structural evaluation and submit a letter
to the Building Official stating the findings as to the condition of the structure, submit
plans, applicable documents and pay associated fees.
b. Obtain a demolition permit and demolish the structure. Remove all demolition
debris from the property.
10. If the violation(s) are not corrected by June 21, 2022, 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.
12. If Respondent fails to comply by the date stated above, the City Council may cause the
property to be cleaned up and the nuisance abated. The cost for such cleanup and
abatement shall be billed and mailed via certified mail to the last known address of
Respondent. If such bill is not paid within thirty (30) days from the mailing date, the costs
incurred by the City shall be added to any unpaid costs, fines, or fees hereunder and shall
be a lien on the property as authorized by law.
Done and Ordered on the 16th day of March 2022.
Samuel6. Digitally signed by Samuel
B.Taylor
022.03.16 18:01:32
Taylor OS 00'
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.