HomeMy Public PortalAboutCase 21-307 OrderCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
5t Wealth Partners LP
P.O. Box 612121
Altamonte Springs, FL
32716
Respondents.
CASE# 21-307
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on August 17,
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, 5t Wealth Partners LP, whose last known mailing address is P.O. Box
612121, Altamonte Springs, FL 32716 , is the owner of the property located at, 604 Amos
Street, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0102-007A, and more
particularly described as:
CRESTVIEW N40 FT LOT 7 BLK 102
2. The conditions on the property consist of an unsafe structure. The violation(s) were first
observed on December 29, 2020. A Notice of Violation was mailed by certified mail June
4, 2021 and received by respondent on June 7, 2021. The Notice stated that the
condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing
Standards — Nuisance conditions, Sec. 18 (d) of the City of Crestview's Code of Ordinances
and requested correction of the violation by June 18, 2021. Re inspection of the property
on June 21, 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 — Nuisance conditions, Sec. 18 (d) 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 September 17, 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 September 17, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s): Obtain a demolition permit, demolish the structure,
and remove all demolition debris from the property.
10. If the violation(s) are not corrected by September 17, 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 17th day of August, 2021.
Vie rmt t
SpeciMagistrate
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.