HomeMy Public PortalAboutCase 21-435 Order Recorded Dec_2022CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Terenzio & Lara Baker
4140 Big Buck Trail
Crestview, FL 32539
Respondents.
Inst. #1493613 Bk: 3653 Pg: 825
Page 1 of 4 Recorded: 12/1/2022 11:52 AM
RECORDING ARTICLE V: $16.00 RECORDING: $19.50
DEPUTY CLERK damiles
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-435
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on October 19,
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, Terenzio & Lara Baker, whose last known mailing address is 4140 Big
Buck Trail, Crestview, FL 32539, is the owner of the property located at, 165 Washington
ST., Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0130 , and more
particularly described as: SULLIVAN ADD LOT 13 BLK 6
2. The conditions on the property consist of consist of an unsafe structure and overgrown
vegetation. The violation(s) were first observed on May 25, 2021. A Notice of Violation
was mailed by certified mail May 25, 2021. The Notice stated that the condition(s),
constituted a violation of Chapter 38 Property Maintenance and Housing Standards -
Chapter 38 Section 18 (d), (k) of the City of Crestview's Code of Ordinances and requested
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correction of the violation by June 9, 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 3.8 Property Maintenance and
Housing Standards - Chapter 38 Section 18 (d), (k), 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:
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8. On or before November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Obtain a demolition permit and demolish the structure. Remove all demolition
debris from the property.
b. Remove all vegetation from the property.
If the violation(s) are not corrected by November 19, 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.
10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum
until paid.
11. 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.
Done and Ordered on the 19th, Day of October, 2021.
Samuel B.
Taylor
Digitally signed by
Samuel B. Taylor
Date: 2021.10.26
15:23:24 -05'00'
Special Magistrate
City of Crestview, Florida
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CERTIFIED A TRUE
AND
CORRECT
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.
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