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HomeMy Public PortalAboutSM Orders 9202022 - Stamped for RecordingCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. CASE# 22-576 Robert N Carroll 219 Patton Street Crestview, FL 32539 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Robert N Carroll, whose last known mailing address is 219 Patton Street, Crestview, FL 32539, is the owner of the property located at, 219 Patton Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0090, and more particularly described as: EDNEY 2ND ADD LOTS 9 & 10 BLK 3 2. The conditions on the property consist of junk and debris, as well as a deteriorating structure in need of repair. The violation(s) were first observed on March 2, 2022. A Notice of Violation was mailed by certified mail March 3, 2022, and received by respondent on March 24, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b) and Sec. 65 (n). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by April 13, 2022. Re inspection of the property on May 13, 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) and 65 (n). - 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 Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the trash and debris from the property. b. Repair the roof of the structure. 9. If the violation(s) are not corrected by November 21, 2022, a fine in the amount of $250 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. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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 20th day of September 2022. Digitally signed by CERTIFIED A TRUE Samuel B. Samuel B. Taylor AND Taylor Date: 2022.09.23 CORRECT COPY 15:26:42 -05'00' Special Magistrate City of Crestview, Florida BY: :x zr ,r DATE: g-oj8-c)0 ?-• 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. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. CASE# 22-577 Adrian Tantas 4929 County Hwy 3280 Freeport, FL 32439 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Adrian Tantas, whose last known mailing address is 4929 County Highway 3280, Freeport, FL 32439, is the owner of the property located at, 418 E Cobb Avenue, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0098-0060, and more particularly described as: CRESTVIEW LOT 6 BLK 98 2. The conditions on the property consist of trash and debris and a derelict structure in need of repair. The violation(s) were first observed on March 2, 2022. A Notice of Violation was mailed by certified mail March 3, 2022, and received by respondent on March 26, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), Sec. 65 (j), (1), (m), (n), (q). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by April 13, 2022. Re inspection of the property on April 14, 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), Sec. 65 (j), (1), (m), (n), (q). - 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. 9. On or before November 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all trash and debris b. Obtain the proper permits and repair the structure, or obtain a demolition permit, demolish the structure, and remove all demolition debris. 10. If the violation(s) are not corrected by November 21, 2022, a fine in the amount of $250 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 20th day of September 20 CERTIFIED A TRUE Samuel B. AND Date: 2022.09.230 2 15:y 27:22 05'00'B. or CORRECT COPY Ta y I o r Date: 15:27:22 -05'00' BY: Special Magistrate City of Crestview, Florida DATE: q— RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Order entered by the Special Magistrate by fihng 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. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. CASE# 22-597 Passive Patriots LLC 2293 Frontera Street Navarre, FL 32566 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Passive Patriots LLC, whose last known mailing address is 2293 Fronter Street, Navarre, FL 32566, is the owner of the property located at, 882 E Chestnut Avenue, Crestview, FL 32539, AKA PIN# 17 -3N -23-2490-0107-005A, and more particularly described as: CRESTVIEW ALL OF LOTS 5 & 6 BLK 107 2. The conditions on the property consist of trash and debris, and multiple derelict mobile homes. The violation(s) were first observed on March 7, 2022. A Notice of Violation was mailed by certified mail March 24, 2022, and received by respondent on April 22, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b) and Sec. 65 (d), (f), (h), (j), (1), (n), (v). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 9, 2022. Re inspection of the property on July 14, 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) and Sec. 65 (d), (f), (h), (j), (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 December 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. 9. On or before December 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the trash and debris from the property. b. Obtain the required permits and repair the derelict mobile homes, or obtain a demolition permit, demolish the structures, and remove all demolition debris from the property. 10. If the violation(s) are not corrected by December 21, 2022, a fine in the amount of $250 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 20th day of September 202eERTIFIED A TRUE Digitally signed by Samuel AND Samuel B. B. Taylor CORRECT COPY Taylor a e: 022.09.23 15:28:07 BY: Special Magistrate DATE: °S - - A OA 2 -- 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. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. CASE# 22-753 Taylor H Chesser 275 McArthur Street Crestview, FL 32539 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Taylor H Chesser, whose last known mailing address is 275 McArthur Street, is the owner of the property located at, 275 McArthur Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0005-0110, and more particularly described as: EDNEY 2ND ADD LOT 11 BLK 5 2. The conditions on the property consist of a derelict structure in need of repair. The violation(s) were first observed on April 5, 2022. A Notice of Violation was mailed by certified mail April 13, 2022, and received by respondent on May 5, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (j). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 17, 2022. Re inspection of the property on May 19, 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), (j). - 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 Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the required permits and repair the windows and exterior surface of the structure. 9. If the violation(s) are not corrected by November 21, 2022, a fine in the amount of $250 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. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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 20th day of September 2022. Digitally signed by Samuel B. Taylor CERTIFIED A TRUE Samuel B. AND Date: 2022.09.2315:28:48 -05'00' Taylor rnooCrT r' 9Y:'YY1 Special Magistrate City of Crestview, Florida DATE: 0t- Z 57 - 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. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Lawrence K & Mildred Belodeau 104 Otter Trail Lake Jackson, TX 77566 Respondents. CASE# 22-1064 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Lawrence K & Mildred Belodeau, whose last known mailing address is 104 Otter Trail, Lake Jackson, TX 77566, is the owner of the property located at, 214 Amellia Place, Crestview, FL 32539, AKA PIN# 16-3N-23-1450-0002-0140, and more particularly described as: LAKEWOOD S/D LOT 14 BLK 2 & E1/2 OF THE FOLLOWING: COM SW COR LOT 13 BLK 2 LAKEWOOD S/D S 100FT TO NW COR LOT 14 RESUB BLKS 4 & 5 OF LAKEWOOD S/D THC E 270FT N 100FT TO SE COR LOT 14 BLK 2 LAKEWOOD S/D W 270FT TO POB 2. The conditions on the property consist of trash and debris, inoperable vehicles, and vehicle parts. The violation(s) were first observed on June 10, 2022. A Notice of Violation was mailed by certified mail June 17, 2022, and was not received by the respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (i), (j). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 30, 2022. Re inspection of the property on July 6, 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). - 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 4, 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. 9. On or before November 4, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the trash and debris from the property. b. Remove the inoperable vehicles and parts from the property. 10. If the violation(s) are not corrected by November 4, 2022 a fine in the amount of $250 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 20th day of September 2022 ERTIFIED A TRUE AND Samuel B. Digitally signed by Samuel B. CORRECT C PY Taylor Date: 2022.09.23 15:30:17 Taylor -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. DATE: q-4q-�ozz_ CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. CASE# 22-863 Felicia Thomas & Brenda Bess Linda Evans 8z Patricia Todd 133 Nivana Dr Crestview, FL 32536 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Felicia Thomas, Brenda Bess, Linda Evans and Patricia Todd, whose last known mailing address is 133 Nivana Drive, Crestview, FL 32536, is the owner of the property located at, 687 W Griffith Avenue, Crestview, FL 32536, AKA PIN# 17-3N-23- 2490-0125-0100, and more particularly described as: CRESTVIEW LOT 10 & 11 BLK 125 2. The conditions on the property consist of a deteriorating structure in need of repair. The violation(s) were first observed on April 28, 2022. A Notice of Violation was mailed by certified mail May 3, 2022, and received by respondent on May 6, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (b), (f), (h), (j), (1), (m), (n). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 18, 2022. Re inspection of the property on June 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 (b), (f), (h), (j), (1), (m), (n). - 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. If the Respondents apply for, are approved, and utilize the Community Development Block Grant the customary hearing fee will be waived. 9. On or before November 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the required permits and repair or replace the wood supports, windows, exterior doors, exterior surface treatment, porches and balconies, stairs, and roofs. Or, obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. 10. If the violation(s) are not corrected by October 21, 2022, a fine in the amount of $250 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. CERTIFIED A TRUE Done and Ordered on the 20th day of September 2022. AND CORRECT COPY Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.09.23 15:29:35 -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 fling, 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. BY: CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. CASE# 22-336 Centerline Credit Enhanced Partners Lp Series C 625 Madison Ave Ste 500 New York, NY 10022 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 20, 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, Centerline Credit Enhanced Partners Lp, whose last known mailing address is 625 Madison Avenue, Suite 500, New York, NY 10022, is the owner of the property located at, 550 Long Drive, Crestview, FL 32539, AKA PIN# 08-3N-23-0000- 0103-0000, and more particularly described as: COM NE COR OF E1/2 OF W1/2 OF SE1/4 OF SE1/4 S 30.36 FT TO POB S 1294.96 FT W 332.32 FT N 1296.21 FT E 333.19 FT TO POB. 2. The conditions on the property consist of unpermitted camps and tents. The violation(s) were first observed on December 30, 2021. A Notice of Violation was mailed by certified mail January 18, 2022, and was not received by respondent. The Notice stated that the condition(s), constituted a violation of Chapter 7 Land Development Code - Sec. 7.05.03. - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by January 27, 2022. Re inspection of the property on January 27, 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 7 Land Development Code - Sec. 7.05.03. - 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 October 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. 9. On or before October 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all tents, campers, camps, trailers, unpermitted building(s), structure(s), or vehicle(s), or any portion thereof used as living quarters for one or more resident or transient members of the public from the property. 10. If the violation(s) are not corrected by October 21, 2022, a fine in the amount of $250 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 20th day of September 2022. Samuel B. Digitally signed by Samuel B. Taylor CERTIFIED A TRUE AND Taylor Date: 2022.09.2315:25:50-0500 CORRECT COPY Special Magistrate City of Crestview, Florida BY:i DATE: R- a'� a 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.