HomeMy Public PortalAboutCase 21-433 LRCity of Crestview, Florida,
Petitioner,
vs.
Kenneth and Connie Siler
497 Wilson Street South
Crestview, FL 32536
Respondents.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
Inst. #3591814 Bk: 3651 Pg: 4510
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,
OKALOOSA COUNTY FLORIDA
CASE# 21-433
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, Kenneth and Connie Siler, whose last known mailing address is 497
Wilson Street South Crestview, FL 32536, is the owner of the property located at, 142
Washington Street, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0110 , and
more particularly described as:
SULLIVAN ADD LOT 11 BLK 6
2. The condition on the property consists of refuse not acceptable for collection, Inoperable
Vehicles, Vehicle Parts; Trash, Debris, Garbage, Overgrowth, and an Unsafe Structure
that needs to be demolished or repaired. The violation(s) were first observed on May 5th,
2021. A Notice of Violation was mailed by certified mail May 28, 2021 and received by
respondent on June 3rd, 2021. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards, Nuisance
Conditions, - Sec. Sec 18(b), (d), (I), (J), (k) and Chapter 70 Sec. 27- Solid Waste and
Recycling , of the City of Crestview's Code of Ordinances and requested correction of the
violation by June 10,2021 . Re inspection of the property on June 10,2021, 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. Sec 18(b), (d), (I), (J), (k) and Chapter
70 Sec. 27- Solid Waste and Recycling , 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):
a. Dispose of all tires, appliances, and all solid waste not acceptable for pick-up and
dispose of at an approved facility.
b. Remove the inoperable vehicles, campers, and vehicle parts from the property.
c. Obtain a building permit to demolish the building.
d. Remove all overgrowth, debris, and trash 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.
CERTIFIED A TRUE
AND
CORRECT C PY
S4v, rgos. 2
Speci l"agistrate
City of Crestview, Florida
BY:
RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Eentered 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.
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