HomeMy Public PortalAboutCase 21-1553 FOF Order Recorded_StevensCity of Crestview, Florida,
Petitioner,
VS.
Carlyle Stevens
743 State Hwy 35
Laurel Hill, FL 32567
Respondents.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
Inst. #3595750 Bk: 3654 Pg: 3406
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# 21-1553
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on November 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, Carlyle Stevens, whose last known mailing address is 743 State Hwy 35,
Laurel Hill, FL 32567, is the owner of the property located at, 455 Blakely Avenue,
Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0011-0120, and more particularly
described as: SULLIVANS ADD E1/2 OF LOTS 11 & 12 BLK 11
2. The conditions on the property consist of an unsafe structure and excessive overgrowth.
The violation(s) were first observed on May 25, 2021. A Notice of Violation was mailed by
certified mail August 30, 2021. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards — Section 18,(d) &
(k), of the City of Crestview's Code of Ordinances and requested correction of the violation
by September 1, 2021. Re inspection of the property on September 17, 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) & (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:
8. On or before December 17, 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 December 17, 2021, 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 demo debris
from the property, or,
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.
c. Remove the overgrowth from the property.
10. If the violation(s) are not corrected by December 17, 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.
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 16th Day of November 2021.
Digitally signed by Samuel B.
Samuel B. Taylor Taylor
Date: 2022.12.0611:11:55-06'00'
Special Magistrate
City of Crestview, Florida
CERTIFIED A TRUE
AND
An CORRECT OPY
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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.