HomeMy Public PortalAboutCase 19-806 FOF Order Recorded_SilerCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
Kenneth & Connie Siler,
Respondents.
Inst. #3595735 Bk: 3654 Pg: 3360
Page 1 of 3 Recorded: 12/13/2022 2:07 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK damiles
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 19-806
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on November
17, 2020. 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, Kenneth & Connie Siler, whose last known mailing address is, 497
Wilson Street South, Crestview, FL 32536, is the owner of the property located at, 404
Beech Avenue West Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0178-0120, and
more particularly described as:
CRESTVIEW LOT 12 BLK 178
2. The conditions on the property consists of a Mobile Home, that poses a serious threat to
public health, safety, and welfare. The violation(s) were first observed on June 25. 2019.
A Notice of Violation was mailed by certified mail October 23.2019 and received by
respondent on October 31, 2019. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-18. -
Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and
requested correction of the violation by November 7. 2019. Re inspection of the property
on December 10. 2019, 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. 38-18. - 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 December 17, 2020, 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 December 31. 2020, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove or repair the Mobile Home.
10. If the violation(s) are not corrected by December 31, 2020, 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 17th Day of November 2020.
Samuel B.
Taylor
Special Magistrate
City of Crestview, Florida
Digitally signed by
Samuel B. Taylor
Date: 2022.12.06
11:00:51-06'00'
CERTIFIED A TRUE
AND
CORRECT C 7PY
BY\id I �f?V•A�j-ear
DATE: I a- — \ — a ad
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.