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HomeMy Public PortalAboutCase 21-386 Order Recorded Dec_2022CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North City of Crestview, Florida, Petitioner, vs. Hayvard Lee 879 McDonald St Crestview, FL 32536 Respondents. Crestview, FL 32536 Inst. #3593615 Bk: 3653 Pg: 832 Page 1 of 4 Recorded: 12/1/202211:52 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 21-386 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 20, 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, Hayvard Lee whose last known mailing address is 879 McDonald Street, Crestview, FL 32536, is the owner of the property located at, 124 Booker Street South, Crestview, FL 32536, AKA PIN#17-3N-23-2490-0076-0150, and more particularly described as: CRESTVIEW LOT 15 & S1/2 OF LOT 14 BLK 76 2. The conditions on the property consist of several abandoned appliances, a stack of tires, trash solid waste, and an unsafe structure. The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance Conditions — Section 18 (a, b, d, f), Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Maintenance and Housing Standards Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services Section 27 (1,2,3,4,5,7), of the City of Crestview's Code of Ordinances and requested correction of the violation by August 21, 2021. Re inspection of the property on July 20,2021, 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 — Section 18 (a, b, d, f), Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Maintenance and Housing Standards - Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services - Section 27 (1,2,3,4,5,7), 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: Special Magistrate City of Crestview, Florida 8. On or before August 21, 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 August 21, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a demolition permit and demolish the structure and removing all demolition debris. b. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, abandoned appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. 10. If the violation(s) are not corrected by August 21, 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 20th day of July 2021. CERTIFIED A TRUE AND CORRECT C BY. DATE: 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.