HomeMy Public PortalAboutCase 21-739 RerecordedCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of of Crestview, Florida,
Petitioner,
VS.
Justino C Guerra
712 Lloyd St Unit A
Ft Walton Beach, FL
32547
Respondents.
Inst. #3581832 Bk: 3644 Pg: 4757
Page 1 of 3 Recorded: 9/29/2022 2:43 PM
RECORDING ARTICLE V: $12.00 RECORDING $15.00
DEPUTY CLERK jkauffmann
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-739
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, Justino C Guerra, whose last known mailing address is 712 Lloyd St Unit
A, Ft Walton Beach, FL 32547, is the owner of the property located at, 394 E Griffith
Avenue, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0094-0050, and more
particularly described as:
CRESTVIEW LOT 5 BLK 94
2. The conditions on the property consist of an unsafe structure. The violation(s) were first
observed on March 25, 2021. A Notice of Violation was mailed by certified mail May 26,
2021 and received by respondent on May 28, 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 8, 2021. Re inspection of
the property on June 8, 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
S250.00.
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.
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 20210ERTIFIED A TRUE
AND
CORRECT C!PY
BY:
C: U2�K
DATE: q—
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.