HomeMy Public PortalAboutCase 21-1281 FOF Order Recorded_BarksCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview•
City of Crestview, Florida,
Petitioner,
VS.
Willie Travis Barks
268 W Edney Avenue
Crestview, FL 32536
Respondents.
Inst. #3595745 Bk: 3654 Pg: 3391
Page 1 of 3 Recorded: 12/13/2022 2:07 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK damiles
JD PEACOCKII CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-1281
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, Willie Travis Barks, whose last known mailing address is 3310 Airport
Road, Crestview, FL 32539, is the owner of the property located at 268 W Edney Avenue,
Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0137-0020, and more particularly
described as: CRESTVIEW LOT 2 & 3 BLK 137
2. The conditions on the property consist of two unsafe structures. The violation(s) were first
observed on July 1, 2021. A Notice of Violation was mailed by certified mail July 21, 2021.
The Notice stated that the condition(s), constituted a violation of Chapter 38 Property
Maintenance and Housing Standards - Sec. 18, (d), of the City of Crestview's Code of
Ordinances and requested correction of the violation by August 4, 2021. Re inspection of
the property on August 5, 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) 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 February 2, 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 February 2, 2022, the Respondent is to correct the violation(s) by conducting the
following action(s):
a. Obtain a building permit to demolish the unsafe structure and remove all demolition
debris from the property.
b. 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 February 2, 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
AND
CORRECT IOPY
84n1 - ‘
Samuel B.
Taylor
Special Magistrate
City of Crestview, Florida
DATE: 1 -- —'2 0 a �--
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 copyof this Order may be recorded
in the official records of Okaloosa County, and thereafter, shallbecome 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.
Digitally signed by Samuel
B. Taylor
Date: 2022.12.06 11:08:05
-06'00'