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HomeMy Public PortalAboutCase 21-261 Order Recorded Dec_2022CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 �•+, : City of Crestview, Florida, Petitioner, vs. Anthony Williams 199 Short Avenue Crestview, FL. 32539 Respondents. Inst. #3593617 Bk: 3653 Pg: 839 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, OKALOOSACOUNTY, FLORIDA CASE# 21-261 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on March 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, Anthony Williams, whose last known mailing address is 199 Short Avenue, is the owner of the property located at, 199 Short Avenue Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0142-0120 , and more particularly described as: CRESTVIEW LOT 12 BLK 142 2. The conditions on the property consist of an Inoperable Vehicle. The violation(s) were first observed on December 16, 2020. A Notice of Violation was mailed by certified mail January 5,2021 and received by respondent on January 13, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4 (1). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by January 18, 2021. Re inspection of the property on January 19,2021, 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. 38-4 (1). - 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, considering 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 April 16, 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 April 16, 2021, the Respondent is to correct the violation by conducting the following action(s): Have the inoperable vehicle, repaired to an operating state, affix a current license plate to it, or remove it from the property. 10. If the violation(s) are not corrected by April 16, 2021, a fine in the amount of 8150.00 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 16th of March 2021. Special Magistrate City of Crestview, Florida BY. DATE: CERTIFIED A TRUE AND CORRECT COPY • Amc C 4'rA C. -\-Q 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.