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HomeMy Public PortalAbout07.19.2022 Special Magistrate MinutesSpecial Magistrate Hearing July 19, 2022 5:30 PM Council Chambers 1 Call to Order Special Magistrate S. Taylor called the Hearing to order at 5:30 p.m. 2 Administration of oath to staff/ Respondents /Witnesses Special Magistrate S. Taylor swore in all participants for the quasi-judicial segments of the meeting. 3 Red Light Hearings 3.1. Case #1012000000114615 Special Magistrate S. Taylor stated Mr. Graupman was not in attendance for the Red -Light Hearing and asked Officer D. Howe, who oversees the Red -Light proceedings, to begin the testimony. Officer D. Howe presented Case #1012000000114615 with the visual presented and asked for Exhibit 1, depicting the certification of officer, maintenance and certification of the light, and Certificate of Authenticity, to be made part of the record. Special Magistrate S. Taylor accepted the Exhibit. Special Magistrate S. Taylor reviewed the factors of the case stated that Mr. Graupman was in violation and was fined the total amount of $233.00. 3.2. Case #1012000000115190 Special Magistrate S. Taylor stated Mr. Head is in attendance and asked Officer D. Howe, to begin the testimony. Officer D. Howe presented Case #1012000000115190 with the visual presented and asked for Exhibit 1, Exhibit 2 a, Exhibit 2 b. Special Magistrate S. Taylor accepted all exhibits into evidence and all exhibits were given to Mr. Head. In response to Special Magistrate S. Taylor to present his case, Mr. Head stated that he was transporting his fiance to the emergency room due to chest pains. Mr. Head them presented the paperwork from the hospital emergency room. Special Magistrate S. Taylor reviewed all the factors of the incident, stated that there was a violation but with the information presented by Mr. Head, Special Magistrate S. Taylor dismissed the violation. 4 Code Enforcement Hearings 4.1. 22-819 Special Magistrate S. Taylor opened Case 22-819 stating the owner listed, Mr. Roman M. Portugal for the property of 298 Stillwell Blvd. He noted that Mr. Portugal was not in attendance. Code Enforcement Officer M. Tatum presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of said case. Code Enforcement Officer M. Tatum submitted into evidence Exhibit 1 and Exhibit la. Special Magistrate S. Taylor accepted the Exhibits into record. He then inquired if there were any steps to remedy the cited violations. Code Enforcement Officer M. Tatum stated that yes and attempt was made but not completed. Special Magistrate S. Taylor asked what the staff recommendation was. Code Enforcement Officer M. Tatum made the following recommendation that on or before August 19, 2022, the respondent shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. On or before August 19, 2022, the respondent is to correct the violations or a fine in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. Special Magistrate S. Taylor agreed with Staff's full recommendation and ordered the same. 4.2. 22-821 Special Magistrate S. Taylor opened Case 22-821 stating the owner listed and or heirs of Mr. Thomas Sutton for the property of 560 Purl Adams Ave. He noted that there was no one there on behalf of the estate. Code Enforcement Officer M. Tatum presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer M. Tatum submitted into evidence Exhibit 2. Special Magistrate S. Taylor accepted Exhibit 2 into the record he then reviewed the violations and asked if the recommendation would be the same as the previous case. Code Enforcement Officer M. Tatum answered yes. Special Magistrate S. Taylor ordered that the respondent have on or before August 19, 2022, to pay the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. On or before August 19, 2022, the respondent is to correct the violations or a fine in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. 4.3. 22-827 Special Magistrate S. Taylor opened Case 22-827 stating the owner listed, Mr. Kenny Siler of the property located at 221 S. Booker Street. Mr. Siler was in attendance for the hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 5 and Exhibit 5 a. Special Magistrate S. Taylor stated that the Exhibits 5 and 5 a will be entered into evidence. He then asked if any work was done on the property to bring it into compliance. Mr. Siler inquired as to why this case was not tied to the original case for this particular property. Special Magistrate S. Taylor swore in the Compliance Administrator Ms. Oglesby. Ms. Oglesby, Compliance Administrator provided Mr. Siler an answer to his question. Special Magistrate S. Taylor reviewed the violations and acknowledged that Mr. Siler has showed that he is working on coming into compliance. He then asked Mr. Siler how long it would take him to get this property into compliance. Mr. Siler answered he would need ninety (90) days. Special Magistrate S. Taylor stated that he would give Mr. Siler one -hundred twenty (120) days to bring the property into compliance or a fine in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77% and to pay the $250.00 for the cost of the hearing. 22-828 Special Magistrate S. Taylor opened Case 22-828, stating the owner listed, Mr. Kenny Siler, for the property located at 221 S. Booker Street. Mr. Siler was in attendance for the hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 6 and Exhibit 6 a. Special Magistrate S. Taylor stated that the Exhibits 6 and 6 a will be entered into evidence. Mr. Siler presented his testimony for the issue of the violation. Special Magistrate S. Taylor inquired about the accessory shed on the property that is in the presented violation. 4.4. Mr. Siler answered the Special Magistrate. Special Magistrate S. Taylor then reviewed the violations to indicate where the instruction for compliance was stated. Special Magistrate S. Taylor stated the violation for the fence is dismissed but the violation for the unpermitted shed is an issue because it was on the property for more than five years; ninety (90) days was issued to bring the violation into compliance on or before October 19, 2022. If you fail to bring the property into compliance on or before October 19, 2022, then a fine of $250.00 per day will accrue and the cost of prosecution has been waived. Special Magistrate S. Taylor accepted from Mr. Siler fifteen (15) photographs into evidence as Siler Exhibit 1 in Case 21-436, Case 22-829, Case 22-828 that have the same or similar situations as his cited properties. City Attorney stated that the Exhibits are not a defense. 4.5. 21-436 Special Magistrate S. Taylor opened Case 21-436 stating the owner listed, Mr. Kenny Siler of the property located at 385 S. Booker Street. Mr. Siler was in attendance for the hearing. Code Enforcement Officer D. Lawson stated that this case was presented before the Magistrate on November 16, 2021, and a continuance was granted until January 1, 2022, and as of today the property remains in violation. She then reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case that were given in 2021 that went in to 2022. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 7 and Exhibit 7 a. Special Magistrate S. Taylor accepted documents Exhibit 7 and Exhibit 7 a into evidence. Mr. Kenny Siler owner of the property at 385 S. Booker Street presented evidence for his violations. Building Official R. Raybon stated that steps were taken but not done in compliance with the State of Florida Statutes and there were no permits issued. Mr. Siler continued to present evidence. Special Magistrate S. Taylor stated the violation is Chapter 38 Section 65 (h) concerning the doors and Mr. Siler will have on or before August 19, 2022, to correct the violation, to bring it into compliance or a fine in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. 4.6. 22-829 Special Magistrate S. Taylor opened Case 22-829 stating the owner listed, Mr. Kenny Siler of the property located at 385 S. Booker Street. Mr. Siler was in attendance for the hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 8. Special Magistrate S. Taylor accepted documents Exhibit 8 into evidence. He then inquired with Building Official R. Raybon about the information on the Building Inspection reports concerning the violations for the property. Special Magistrate Taylor then addressed Mr. Siler concerning the cited violations. Special Magistrate S. Taylor stated that Mr. Siler had on or before August 19, 2022, to bring the cited property into compliance including pulling the correct permits and the proper inspections. If not, there will be a fine in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. There is also the cost for this case being before the Special Magistrate in the amount of $250.00. 4.7. 22-436 Special Magistrate S. Taylor opened Case 22-436 stating the owner listed, 360 Da Investments Corp of the property located at 118 N. Savage Street. The owners were not present for this hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 10 and Exhibit 10 a. Special Magistrate S. Taylor accepted documents Exhibit 10 and Exhibit 10 a into evidence and reviewed the findings that Code Enforcement provided. He conceded that the property is in violation. Special Magistrate S. Taylor stated that the respondent will have on or before August 19, 2022, to bring the property into compliance the failing of which the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. There is also the cost for this case being before the Special Magistrate in the amount of $250.00. 4.8. 22-716 Special Magistrate S. Taylor opened Case 22-716 stating the owner listed, Mr. Luthel Matthews of the property 608 Hill Avenue. Mr. Matthews was in attendance for this hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 11. Special Magistrate S. Taylor accepted Exhibit 11 into evidence and in reviewing the exhibit he noted that there was progress made in coming into compliance. Special Magistrate S. Taylor found that the violation of the trailer that would be in compliance on or before August 19, 2022, or the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. The fee for prosecution was waived. 4.9. 22-774 Special Magistrate S. Taylor opened Case 22-774 stating the owner listed, J. Wayne Henderson of the property 432 Garden Street. The contractor, Ms. Otero was in attendance for this hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 12 and Exhibit 12 a. Special Magistrate S. Taylor accepted Exhibit 12 and Exhibit 12 into evidence, he then asked Ms. Otero what her role is with the property. Ms. Otero explained the role of her contract company to this property. At the time they are trying to work with the owner's daughter to bring the property into compliance in their off time. All the work is being completed by volunteers. Special Magistrate S. Taylor inquired of how long Ms. Otero thought the work was going to take. Ms. Otero stated that between 90 and 120 days to finish the work. Special Magistrate S. Taylor gave the respondents ninety (90) days, October 19, 2022, to bring the property into compliance the failing of which the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. There is also the cost for this case being before the Special Magistrate in the amount of $250.00. 4.10.22-831 Special Magistrate S. Taylor opened Case 22-831 stating the owner, Heirs of Elizabeth Ann Salter of the property 397 North Booker Street, were not present. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 13 and Exhibit 13 a. Special Magistrate S. Taylor accepted Exhibit 13 and Exhibit 13 a into evidence. Special Magistrate S. Taylor stated that the respondent will have on or before August 19, 2022, to bring the property into compliance the failing of which the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. There is also the cost for this case being before the Special Magistrate in the amount of $250.00. 4.11.22-850 Special Magistrate S. Taylor opened Case 22-850 stating the owner listed, Anna I Keown, of the property 137 Shady Lane. The owner, Ms. Keown and her attorney were in attendance for this hearing. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 14. Special Magistrate S. Taylor accepted Exhibit 14 into the record as evidence and asked Ms. Keown if she would like to further explain or present a testimony. Ms. Keown and her Attorney did give a rebuttal to the violations that were presented. Special Magistrate S. Taylor stated that Ms. Keown has thirty days to straighten up the mats in the yard and the cost of the hearing has been waived. If you fail to bring the property into compliance the failing of which the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. 4.12.22-888 Special Magistrate S. Taylor opened Case 22-888 stating the owner, Waggy Holdings LLC of the property 372 N Savage Street, were not present. Code Enforcement Officer D. Lawson presented the case. She reviewed the violations, mailings, postings at the property and City Hall as well as the Notice of Hearings of the case. Code Enforcement Officer D. Lawson submitted into evidence Exhibit 16 and Exhibit 16a. Special Magistrate S. Taylor accepted Exhibit 16 and Exhibit 16 a into evidence. Special Magistrate S. Taylor stated that the respondent will have on or before August 19, 2022, to bring the property into compliance the failing of which the respondent will incur of fine of in the amount of $250.00 per day will be imposed additionally the amounts will accrue interest at 6.77%. There is also the cost for this case being before the Special Magistrate in the amount of $250.00. 5 Adjournment Special Magistrate S. Taylor adjourned the Hearing at 8:28 p.m. Minutes submitted by, C�/ Natasha Peacock, Executive Assistant Proper Notice having been duly given