HomeMy Public PortalAboutCase 21-1232 FOF Order Recorded_WashingtonCity of Crestview, Florida,
Petitioner,
VS.
R L Washington
502 W Griffith Ave
Crestview, FL 32536
Respondents.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
Inst. #3595743 Bk: 3654 Pg: 3385
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,
OKALOOSACOUNTY, FLORIDA
CASE#21-1232
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on December 7, 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, R L Washington, whose last known mailing address is 502 W Griffith,
Crestview, FL 32536, is the owner of the property located at 342 S Booker Street, Crestview, FL
32536, AKA PIN# 17-3N-23-2490-0080-0170, and more particularly described as:
CRESTVIEW LOT 17 & N1/2 LOT 18 BLK 80
2. The conditions on the property consist of an unsafe structure, an unsafe fence, and unpermitted
accessory structures. The violation(s) were first observed on June 22, 2021. A Notice of
Violation was mailed by certified mail June 24, 2021. The Notice stated that the condition(s),
constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18,
(d), Section 65 (w), Section 66 of the City of Crestview's Code of Ordinances and requested
correction of the violation by July 8, 2021. Re inspection of the property on September 1, 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 - Section 18 (d), Section 65 (w), and Section 66 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 January 7, 2022, 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 January 7, 2022, the Respondent is to correct the violation(s) by conducting the
following action(s):
a. Remove the fence from the property.
b. Obtain a building permit to demolish the unsafe structures and remove all demolition debris
from the property.
c. Obtain a licensed engineer to perform a structural evaluation and submit a letter to the
Building Official stating the findings as to the condition of the structure, submit plans,
applicable documents and pay associated fees.
10. If the violation(s) are not corrected by January 7, 2022, 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.
12. 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 7th day of December 2021.
CERTIFIED A TRUE
Samuel B. B.Taylor
signed bySamuel
AND
Digitally
Date: 2022.12.0611:06:36 CORRECT COPY
Taylor-06'00' BY N\(*
Special Magistrate c-; �" l c.\e t
City of Crestview, Florida 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 hen 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.