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HomeMy Public PortalAboutCase 22-647 Order Recorded Dec_2022CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, vs. Domingo A Rivera 501 S Brett St Crestview, FL, 32539 Respondents. 198 Wilson Street North Crestview, FL 32536 Inst. #3593596 Bk: 3653 Pg: 772 Page 1 of 3 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-647 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May, 17th, 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, Domingo A Rivera, whose last known mailing address is 436 Northview Ln, Crestview FL, 32539, is the owner of the property located at 501 S Brett St, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0100-0010, and more particularly described as: CRESTVIEW LOTS 1 & 2 BLK 100 2. The conditions on the property consist of trash, debris, and multiple inoperable vehicles. The violation(s) were first observed on March 16th, 2022. A Notice of Violation was mailed by certified mail March 17th, 2022 and was not received by the respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (i), and (j). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by March 28th, 2022. Re inspection of the property on March 29th, 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. 18 (b), (i), and (j). - 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 June 20th, 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 $250.00. 9. At this time, the property is in compliance with Chapter 38 Property Maintenance and Housing Standards- Sec. 18 (i), (j)- Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances. Daily fines will not accrue at this time, however, if the property owner violates Chapter 38 Sec. 18 (i), (j), without appropriate licensure of the business being operated a fine in the amount of $500.00 per day may be imposed pursuant to Florida Statutes Chapter 162. 10. If the violation(s) are not corrected by June 20th, 2022, 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. 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. CERTIFIED A TRUE Done and Ordered on the 17th day of May, 2022. AND CORRECT COPY BY Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.05.20 14:11:33 -05'00' DATE: z— PkYK- Special Magistrate City of Crestview, Florida 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.