HomeMy Public PortalAboutCase 22-120 FOF Order recorded_LeeCity of Crestview, Florida,
Petitioner,
VS.
Leonard Adib Lee
320 Forrest Parkway
Crestview, FL
Respondents.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
.98 Wilson Street North
Crestview, FL 22S26
Inst. #3595751 Bk: 3654 Pg: 3409
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# 22-120
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on January 18,
2022. 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, Leonard Adib Lee, whose last known mailing address is 320 Forrest
Parkway, Crestview, FL 32539, is the owner of the property located at 595 Benjamin
Street, Crestview, FL 32536, AKA PIN# 20-3N-23-0000-0117-0010, and more
particularly described as: BEG SW COR OF SE1/4 OF NW1/4 N 208.75 FT E 208.75 FT
208.75 FT W 208.75 FT TO BEG 1126-82
2. The conditions on the property consist of an unsafe structure. The violation(s) were first
observed on November 1, 2021. A Notice of Violation was mailed by certified mail
November 3, 2021. The Notice stated that the condition(s), constituted a violation of
Chapter 38 Property Maintenance and Housing Standards - Sec. 18, (b), (i), (j), (k) and
Sec. 65 (e), (f), (h), (j), (k), (1), (n), (q), (v) of the City of Crestview's Code of Ordinances
and requested correction of the violation by November 16, 2021. Re inspection of the
property on November 16, 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 (b), (i), (j), (k) and Sec. 65 (e), (f), (h), (j), (k), (1), (n), (q),
(v) 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 18, 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 February 18, 2022, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove all vegetation exceeding twelve inches.
b. Remove all inoperable vehicles from the property or bring them into an operable state.
c. Remove all junk, debris, buckets, containers and trash from the property.
d. Obtain a demolition permit and demolish the structure. Remove all demolition debris
from the property, or,
e. Obtain a license 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 18, 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 19th of January 2022. CERTIFIED A TRUE
AND
Samuel B. Digitally signed by Samuel CORRECT COPY
B. Taylor ^�►`"I�
Taylor Date:2022.12.06 11:12:46 By' Ip1 _ '
Special Magistrate DATE: 1P- - ► — o �1-
City of Crestview, Florida
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.