HomeMy Public PortalAboutCase 22-827 FINDINGSCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
City of Crestview, Florida,
Petitioner,
VS.
Kenny Siler
497 S Wilson Street
Crestview FL 32536
Respondents.
198 Wilson Street North
Crestview, FL 32536
Inst. #3566991 Bk: 3634 Pg: 2555
Page 1 of 4 Recorded: 7/26/202210:32 AM
RECORDING ARTICLE V: $16.00 RECORDING: $19.50
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
CASE# 22-827
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on July 19, 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, Kenny Siler, whose last known mailing address is 497 S Wilson Street,
Crestview, FL 32536, is the owner of the property located at, 221 S Booker Street,
Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0079-0010, and more particularly
described as: CRESTVIEW LOTS 1 TO 3 INC BLK 79.
2. The conditions on the property consist of junk, debris, inoperable vehicles, litter, and an
unsafe accessory structure. The violation(s) were first observed on April 19, 2022. A
Notice of Violation was mailed by certified mail April 29, 2022, and received by
respondent on May 14, 2022. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (i),
(j), Section 42, (d), (e), Section 65 (a), (f), (j), (k), (n), (s), Section 66. - Maintain a public
nuisance prohibited, of the City of Crestview's Code of Ordinances and requested
correction of the violation by May 20, 2022. Re inspection of the property on May 25,
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. 18 (b), (i), (j), Section 42, (d), (e), Section 65 (a), (0, (j), (k), (n),
(s), Section 66. - 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 November 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 November 21, 2022, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove the accumulation or open storage of trash, debris, garbage, tools,
equipment, lawn and garden products, buckets, containers, appliances, household
furniture, bricks, concrete, scrap lumber or refuse from the property.
b. Remove the inoperable vehicles and parts, machinery, trailers, or boats from the
property or bring them into an operable state.
c. Remove the litter from the property.
d. Obtain a demolition permit, demolish the structure and remove all demolition
debris from the property or obtain a license 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 applications, documents and pay associated fees.
10. If the violation(s) are not corrected by November 21, 2022, a fine in the amount of
$250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the
Respondents' responsibility to notify the City when the Violations have been corrected so
that the Property can be inspected to confirm compliance.
11. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum
until paid.
12. If Respondent fails to comply by the date stated above, the City Council may cause the
property to be cleaned up and the nuisance abated. The cost for such cleanup and
abatement shall be billed and mailed via certified mail to the last known address of
Respondent. If such bill is not paid within thirty (30) days from the mailing date, the costs
incurred by the City shall be added to any unpaid costs, fines, or fees hereunder and shall
be a lien on the property as authorized by law.
Done and Ordered on the 22nd day of July 2022.
Samuel B.
Taylor
Digitally signed by Samuel B. Taylor
Date: 2022.07.22 15:29:10 -05'00'
Special Magistrate
City of Crestview, Florida
RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Order
entered by the Special Magistrate by filing a writ of certiorari for appeal to the Circuit
Court. Any appeal must be filed with the Circuit Court within 30 days of this order.
NOTICE OF LIEN AND INTENT TO RECORD — A certified copy of this Order may be
recorded in the official records of Okaloosa County, and thereafter, shall become a lien
against any real and personal property owned by Respondent(s), until satisfied, and at
which the City may seek to foreclose on said recorded lien after 90 days from the date of
filing, pursuant to City of Crestview Code of Ordinances and Florida Statutes Section
162.09. Name and address of lien holder: City of Crestview, 198 North Wilson Street,
Crestview, Florida 32536.
CERTIFIED ATRUE AND CORR$Cr COPY
OF CRESTVIEW
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