HomeMy Public PortalAboutCase 21-322 LRCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Timothy & Alisca A Simpler
1344 Sexton Drive
Baker, FL 32531
Respondents.
Inst. #3591817 Bk: 3651 Pg: 4519
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
CASE# 21-322
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on September
21, 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, Timothy & Alisca A Simpler, whose last known mailing address is 1344
Sexton Dr Baker, FL 32531-8008, is the owner of the property located at, 525 Brackin
Street Crestview, FL 32539, AKA PIN# 09-3N-23-0000-0017-0000, and more
particularly described as: BEG 310 FT S OF NW COR OF NW1/4 OF SW1/4 E 200 FT S
70 FT W 200 FT N 70 FT TO POB
2. The conditions on the property consist of an unsafe structure. The violation(s) were first
observed on May 1, 2021. A Notice of Violation was mailed by certified mail May 26,
2021, and the respondent refused the notice. A second Notice of Violation was mailed
certified mail return receipt on June 30, 2021 and was also refused by the respondent.
Pursuant to Florida Statue 162.12, the property located at 525 Brackin Street and 198
Wilson Street North were posted on September 9, 2021.The Notice stated that the
condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing
Standards - 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 30,
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. 38-18 (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:
Taylor Date: 2021.09.28 18:05:15
-05'00' BY:
Special Magistrate
City of Crestview, Florida
DATE:
8. On or before October 22, 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 October 22, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Obtain a building permit to demolish the unsafe structure and remove all demo
debris from the property.
b. Obtain a licensed engineer to perform a structural evaluation and submit a letter to
the Building Official stating the findings as to the condition of the structure, submit
plans, applicable documents and pay associated fees.
10. If the violation(s) are not corrected by October 22, 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 21st, Day of September 2021.
CERTIFIED A TRUE
Samuel B. Digitally signed by Samuel AND
R Taylor
CORRECT COPY
1\ \b-1-o2Z
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.