HomeMy Public PortalAboutCase-863 687 w Griffith FOF Revised_signed and recordedCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS,
Felicia Thomas & Brenda Bess
Linda Evans & Patricia Todd
133 Nivana Dr
Crestview, FL 32536
Respondents.
Inst. #3583759 Bk: 3646 Pg: 2025
Page 1 of 3 Recorded: 10/10/2022 10:47 AM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK jleibold
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 22-863
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 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 2022.
Samuel B.
Taylor
Digitally signed by
Samuel B. Taylor
Date: 2022.10.07
14:15:05 -05'00'
Special Magistrate
City of Crestview, Florida
CERTIFIED A TRUE
AND
CORRECT pOPY
DATE: 10- 7- a o
RIGHT TO APPEAL - You have the right, at your own expense, to appeal this Order
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.
entered by the Special Magistrate by filing a writ of certiorari for appea to the Circuit