HomeMy Public PortalAboutCase 19-813 LRCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
James E Youngblood III,
Respondent.
eACR4 , o__Q,
Inst. #3591820 Bk: 3651 Pg: 4529
Page 1 of 3 Recorded: 11/18/2022 12:38 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on January 19,
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, James E Youngblood III, whose last known mailing address is PO Box 293
Destin, FL 32540, is the owner of the property located at, 498 Spring Street, Crestview, FL
32536, AKA PIN# 17-3N-23-2490-0057-0070, and more particularly described as:
CRESTVIEW E 1/2 LOT 7 BLK 57
2. The conditions on the property consist of excessive overgrowth, trash, and debris. The
violation(s) were first observed on October 20, 2019. A Notice of Violation was mailed by
certified mail October 20,2019. 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 November 7, 2019. Re inspection of the property
on December 4, 2019, confirmed that violation(s) continue to exist on the property. On
January 7, 2021, Code Enforcement posted Notice in accordance with Florida Statute
162.12, at 498 Spring Street North and 198 Wilson Street North. A signed Affidavit has
been executed and placed in the Official Record.
3. Proper notice of the cited violations and the notice of hearing was served on the
Respondent, and the Respondent was provided 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 Respondent was 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 Respondent fails 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 Respondent to correct the
Violations, and any previous violations committed by the Respondent.
ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED
that:
8. On or before February 22, 2021, the Respondent 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 March 22, 2021, the Respondent is to correct the violation(s) by conducting
the following action(s):
Remove the excessive overgrowth, trash, and debris from the property.
10. If the violation(s) are not corrected by March 22, 2021, a fine in the amount of $250.00
per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondent'
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 19th Day of January 2021.
l.. 70 -
Special Magistrate
City of Crestview, Florida
CERTIFIED A TRUE
AND
CORRECT C
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.