HomeMy Public PortalAboutCase 21-227 RerecordedInst. #3581825 Bk: 3644 Pg: 4735
Page 1 of 3 Recorded: 9/29/2022 2:43 PM
RECORDING ARTICLE V: $1200 RECORDING: $15.00
DEPUTY CLERK jkauffmann
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
360 DA Investments Corp.
339 E Nursery Rd.
Santa Rosa Beach, FL 32459
Respondents.
CASE# 21-227
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on April 20th,
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, 360 DA Investments Corp., whose last known mailing address is
339 E Nursery Rd, Santa Rosa Beach, FL 32459, is the owner of the property
located at, 407 W Woodruff Avenue, Crestview, FL 32536, AKA PIN# 17-3N-23-
2490-0075-0100, and more particularly described as: CRESTVIEW LOT 10 EX W
50FTBLK75AND N10FOTOFLOT 11 EXW50FT
2. The conditions on the property consist of excessive overgrowth and debris. The
violation(s) were first observed on December 9th, 2020. A Notice of Violation was
mailed by certified mail December 11th, 2020 and received by respondent on
December 16th, 2020. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4
(4). - Maintain a public nuisance prohibited, of the City of Crestview's Code of
Ordinances and requested correction of the violation by December 16th, 2020. Re
inspection of the property on January 15th, 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 - Sec. 38-4 (4). - 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 May 20, 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 May 20, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove the debris and overgrowth from the property.
10. If the violation(s) are not corrected by May 20, 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.
CERTIFIED A TRUE
Done and Ordered on the 20th day of April 2021. AND
CORRECT COPY
Special ,Magistrate
City of Crestview, Florida
BY:
QN
DATE: ct—aq-ao��
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.