HomeMy Public PortalAboutCase 20-878 Order RecordedCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL
City of Crestview, Florida,
Petitioner,
vs.
Danita L Marcum ,
Respondent.
Inst. #3593618 Bk: 3653 Pg: 842
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#20-878
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on February 16.
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, Danita L Marcum, whose last known mailing address is, 330 Strawbridge
Dr. Crestview, FL 32539, is the owner of the property located at, 330 Strawbridge Dr.
Crestview, FL 32539, AKA PIN# 09 -3N -23-5237-000A-0140 and more particularly
described as:
WINDING CREEK EST PH IV LOTS 13 & 14 BLK A
2. The conditions on the property consists of an accumulation of overgrowth, debris and
inoperable vehicles. The violation(s) were first observed on August 5.2020. A Notice of
Violation was mailed by certified mail August 6. 2020, the Respondent did not pick-up
the Notice. The Respondent signed for Notice on December 19, 2020, mailed certified
mail to the Respondent on December 16, 2020. The Respondent also signed for Notice on
January 23, 2021, mailed certified mail to the Respondent on January 22. 2021. The
Notice stated that the condition(s), constituted a violation of Chapter 38 Property
Maintenance and Housing Standards - Sec. 38-4 (1) (4) - Maintain a public nuisance
prohibited, of the City of Crestview's Code of Ordinances and requested correction of the
violation by August 27. 2020. Re inspection of the property on October 19, 2020 ,
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
Respondent, and the Respondent 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. 38-4 - 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 March 16, 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 5250.00.
9. On or before March 16, 2021, the Respondent is to correct the violation(s) by conducting
the following action(s):
a. Remove the overgrowth, trash, and debris from the property.
10. If the violation(s) are not corrected by March 16, 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 16th Day of February 2021.
CERTIFIED A TRUE
AND
CORRECT
3r4 I/WA_
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.