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HomeMy Public PortalAbout03272023 City Council Regular Meeting Agenda PacketCITY OF CRESTVIEW CITY COUNCIL CITY COUNCIL REGULAR MEETING AGENDA MARCH 27, 2023 6:00 PM CITY COUNCIL CHAMBERS The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Reverend John Ferguson of Oak Ridge Assembly of God 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1 Presentation of the City of Crestview Bulldog Award 5.2 Proclamation Declaring the Week of April 23-29, 2023 as National Library Week in Crestview 6. Consent Agenda 6.1. Approval of CRA Annual Report 6.2. Approval of the Regular Meeting Minutes of March 13, 2023 6.3. CSX Railroad Property Contract Renewal 6.4. Purchase of By -Pass Bridge Pipe 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1919 - James Lee Blvd E Comprehensive Plan Amendment 7.2. Ordinance 1920 - James Lee Blvd E Rezoning 7.3. Ordinance 1921 - Designating the Official Seal of the City of Crestview 8. Ordinances on First Reading 9. Resolutions Page 1 of 767 10. Action Items 10.1. Appointment of Mayor Pro-Tempore 10.2. Authorization to Proceed with the Foreclosures of Code Compliance Liens 11. City Clerk Report 11.1. Monthly Update 12. City Manager Report 12.1. Financial Update - Finance Director 13. Comments from the Mayor and Council 13.1 Ground -Mounted Solar Energy Systems Update 14. Comments from the Audience 15. Adjournment All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 2 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Presentation Item # 5.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Chance Leavins 3/22/2023 Presentation of the City of Crestview Bulldog Award BACKGROUND: In January of 2023, Crestview High School (CHS) began a student of the month recognition program. This recognition aims to highlight students who exhibit characteristics of what it means to be an outstanding Crestview High School Bulldog. Traits that make a student worthy of recognition include but are not limited to leadership, perseverance, dedication, and selflessness. When a teacher witnesses a student exhibiting these traits, they then nominate the student. These nominations are reviewed by CHS administration, and a student of the month is selected. The City of Crestview understands the value of recognizing members of our community that exemplify these traits and has partnered with CHS to spotlight these students as City of Crestview Bulldog Award winners. DISCUSSION: Mayor Whitten will recognize and congratulate the recipients. This recognition will include a certificate from the City of Crestview presented by the Mayor. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Page 3 of 767 Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT None RECOMMENDED ACTION No action is required for this item. Attachments None Page 4 of 767 CITY OF CRESTVIEW Item # 5.2. Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 3/23/2023 SUBJECT: Proclamation Declaring the Week of April 23-29, 2023 as National Library Week in Crestview BACKGROUND: National Library Week is celebrated April 23 - 29, 2023. Whereas the nonprofit National Book Committee was established between the American Library Association and the American Book Publishers in 1957, and Whereas, National Library Week, was first sponsored in 1958, and Whereas, it is now a national observance sponsored by the American Library Association, and Whereas, National Library Workers' Day, National Bookmobile Day, and Support Teen Literature Day are all encompassed in National Library Week, and Whereas it is celebrated nationally by libraries across the United States, and Whereas, National Library Week is typically celebrated in April, and Whereas the recognition takes place from the 23rd of April through the 29th of April 2023, and Whereas, this recognition has spread worldwide, and Whereas the theme for this year's celebration is "There's more to the Story", Now, therefore, I, JB Whitten, Mayor of the City of Crestview, do hereby proclaim the week beginning April 23 and ending April 29, as National Library week in the City of Crestview. I urge all to participate in reading and to celebrate those who help to make reading and the library a positive experience. Duly passed and adopted on this day of 2023. DISCUSSION: Mayor Whitten has proclaimed the week of April 23 - April 29, 2023 as National Library Week in the City of Crestview to recognize our Library contributions. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local Page 5 of 767 government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION No action required. Attachments 1. PROCLAMATON NATIONAL LIBRARY WEEK 2023 Page 6 of 767 A PROCLANIATON NATIONAL £IBRARy 147EEx Whereas the nonprofit National Book Committee was established between the American Library Association and the American Book Publishers in 1957, and Whereas, National Library Week, was first sponsored in 1958, and Whereas, it is now a national observance sponsored by the American Library Association, and Whereas, National Library Workers' Day, National Bookmobile Day, and Support Teen Literature Day are all encompassed in National Library Week, and Whereas it is celebrated nationally by libraries across the United States, and Whereas, National Library Week is typically celebrated in April, and Whereas the recognition takes place from the 23rd of April through the 29th of April 2023, and Whereas, this recognition has spread worldwide, and Whereas the theme for this year's celebration is "There's more to the Story. Now, therefore, I, JB Whitten, Mayor of the City of Crestview, do hereby proclaim the week beginning April 23 and ending April 29, as National Library week in the City of Crestview. I urge all to participate in reading and to celebrate those who help to make reading and the library a positive experience. Duly passed and adopted on this 27th day of April 2023. Mayor JB WhittenCity of Crestview Page 7 of 767 2022 AAJAJUAL REPORT ONE CITY ONE MISSION Page 8 of 767 CRA AREA MAP PU RI:ADAMS-AI IARTIN LUTHER KING JR AVE ONE CITY ONE MISSION BASE YEAR: $12, 452,562 CURREI%JT YE,4R: $35,%31,1%6 Page 9 of 767 Ryan Bullard CRA I3OARD AAJD I5TAFT Andrew Rencich Cynthia Brown ONE T CITY ONE MISSION Doug Capps Joe Blocker ira Margareth Larose -Pierre Linda Parker Nathan Boyles, Chairman 0 Ad Hoc Member Elizabeth Roy CRA Director Tim Bolduc City Manager Page 10 of 767 CRA VISIO A) ONE SST"�k CITY ONE MISSION "TO ENCOURAGE REDEVELOPMENT WITHIN THE DISTRICT THAT MILL ENHANCE THE QUALITY OF LIFE OF THE COMMUNITY, WHILE MAINTAINING HISTORICAL SIGNIFICANCE." CRA I'4ISSIOAJ 70 ENHANCE THE QUALITY OF LIFE THROUGH REDEVELOPMEAJT' Page 11 of 767 CRA STRATEGIC PLAAJ ONE CITY ONE MISSION IN JULY OF 2014, THE CRESNIEW COMMUNITY REDEVELOPMENT AGENCY DEVELOPED A STRATEGIC PLAN TO GUIDE THE CRA THROUGH THE COMING YEARS IA) REDEVELOPMENT. 8 FOCUS AREAS WERE DE7 ERMINED TO BE THE MOST IMPORTANT MOVING FORWARD,WHILE STAYING WITHIAI THE ESTABLISHED CRA PLAN. THE ENTIRE CRA STRATEGIC PLAN MAY BE VIEWED ON THE WEBSITE AT WWW.CITYOFCRESNIEW.ORG OR A COPY MAY BE RECEIVED BY CONTACTING THE CRA DIRECTOR AT C!'a@CittAC!'Pa5tU1.eW. GI'g. Page 12 of 767 CRA 2021-2022 FINANCIAL REVIEW REVENUES 2021-2022 ONEo ,�o CITY ONE MISSION CASH CARRY -FORWARD (revised) $ 90E,E50 GENERAL FUNDS Interest $ 1,079 Other (Grant) $ 250,000 Other $ 700 TAX INCREMENT FUNDS Counbi,TIF $ E5,1'6 CitTIF $ 162,395 $ 251,779 $ 2'17,5E1 TOTAL REVENUES INCLUDING CARRY FORWARD $1,g08,210 Page 13 of 767 CRA 2021-2022 FINANCIAL REVIEW EXPENDITURES 2021-2022 ADMINISTRATIVE Supplies $ 2,2q0 Administrative $ 692 Dues/Insurance $ 3,q q 3 ConIerence/Trairung, $ 2,1q6 Auditing, FeA5 $ 5,000 Director Salary, $ 27,000 CRA PROGRAMS Marketing $ 1, 996 Eivuiee i Fees/Main,Street $ 292,560 Main Street Partnership $ 50,000 SoiiitaryServirPs $ 860 s Ana , $ 4,y93 Downtown, Beautification $ 8,688 Bush House Renovation $ '102, 95q Grants, Incentive $ 36,01q Mobil, Stud* Implementation, $ 12,500 $ 810,070 ONE CITY ONE MISSION TOTAL EXPENDITURES $ 851,2i/1 FUND BALANCE $ 556, 969 TOTAL (UNAUDITED) ASSESTS AS OF 9/30/2022 $ 556, 969 Page 14 of 767 CRA 2021-2022 ONE CITY ONE MISSION In, 2021, the1Cre&view CRA completed the Downtown, /'4obd4 5ta4 Thr, s ta4 o uiLini d p t&ts to toke. Downiown, Cre4stvLeii 61"6111, fi22 current conditions: Page 15 of 767 CkA 2021-2022 To o, vibrant downiown contnuyuty, w wider sidewalks, easier business recess ond be 4cop&i. ONE CITY ONE MISSION W ork is now underway/to turn t ie plan into rCGlI.ty., FotLow our progress at WWW. CIfI�GbG"CStULew . GI"giDGWI1.tGWn,- CI"25fJlLP.IJ Redeuelapment-Inljormation, Page 16 of 767 CRA 2021-2022 A CCOMPLISHI4EAJTS ONE rd o CITY , ONE MISSION The mc�Cr accomplishment Or 2022 was the renovation, ak the Lorenzo, Bush House. The Bush House is signillicant to the History, ak Crestview thravh its association, with the Louisville & Nashville Railroad and, the development ok trce ok the Florida Pcnhariclle. The house was built in 125 by, Larenza Bush, who was a Superuisar ok Tracks Or t,ice Lauisuille & Al ashuille Rai(rocd. The renovation, ok the House was aided in pert by, a, grcnt dranL the state Florida, Department ak State. The Bush House is now hone to the Crestview History, Museum, and also houses the City ok Crestview Cultural, Service S Division, City oo Crestview Sister City Program, City oo Crestview historic Preservation, Board Page 17 of 767 BEFORE CRA 2021-2022 BUSH HOUSE REAJOLMTIOAJS IJ,11111i11111111! ONE rd o CITY , ONE MISSION Page 18 of 767 ONE CITY ONE MISSION Page 19 of 767 CRA 2021-2022 A CCOMPLISHMEAJTIS During, peat 2022, the CRA %fice developed Design, Guiddin,s Or Commereict Businesses in the CRA District ONE CITY ONE MISSION Photographs ak all the di ff Brent types °pricks in the CRA district were combined with uariaus historical cdars to help business owners determine the, best remotion, colors Or their businesses to keep the tor -Leal look ak the Downtown, Crestview area, Other i22lNU.l, hints GI2 01,50 Ii1.C,b.1.GI.P,d, and the, entire, booklet IS mI le& onlin& Page 20 of 767 CRA 2021-2022 A CCOMPLISHI4EAJTS StarOaards ak Brigs and Paint colors were also developed to aid businesses in, selection, a� Historical, Colors. MOW MINE VIM OWN MON SWIM MOW MOS z 1■1111111 MIME WIN MIA irell Iamb MIME MEIER IOI ONE CITY ONE MISSION WI \' I I 1111 mai SO LA 1111111 IBM ro$,% 11111n1 vet Page 21 of 767 CRA %rice developed a, brochure to use at events and meetings to Other explain the purpose oo the CRA How weSt°rted: TheGy.o Crotwieuior,dgadopDdNe Comm.. Vedortlopnen Art, Plw 1445 La Neu prev pwpom darlpre.id and rukeelo eu.Nunedepted e°^^a^df r a Umelopruntaw Oaencamp...,, Otta wa a The CRA Road l 4aNewecifouY ,,l adapUd a Can+awq R.d.wLpwrt ➢Ian ul v h ua, xvLmN b{ Ne FIaaa Dep.. oiCannan War, The CRA open. aJywlMnMee,N64shed CRA &Did . defined byNemap Belau. CRA Vision TO ENCOURAGE REDEVELOPMENT WITHIN THE DISTRICT THAT WILL ENHANCE THE QUALITY OF I[FE OF THE COMMUNITY, WHILEMAINTATNING HISTORICAL SIGNIFICANCE' CRA Mission TO ENHANCE THE QUALITY OF LIFE THROUGH REDEVELOPMENT CRA Strate*ie Plop. INJURY OF 2019. THE CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY DEVELOPED A STRATEGIC ➢LAN TO GUIDE THECRA THROUGH THE COMING YEARS IN REDEVELOPMENT. SFOCUS AREAS WEREDEERMINED TO BE THE MOST IMPORTANTMOVING FORWARD. WHILE STAYING WITHIN THE ESTABLISHED GRA PLAN. THE EATTIRE GRA MARMOT C PIRA MAY BE VIEWED ON THE WEBSITE WWWCITYOFCRESTVIEW.ORG ORA COPY MAY BE RECEIVED BY CONTACTING THE CRA DIRECTOR AT CRAWITYOFCRESTVIEW.ORG For More Innoro ation about the Crestview CRA: Please contact Elizabeth Rog. CRA Director cra.@citgodcrestview. org $50-612-6074 or visit the Contnuinitay. Redevelopment Agency. Page at: WW w. cityokrestvielJ. or y, The Future: The CRA is working closely. with the City.. off. Crestview for the redevelopment off. MGin.Street The CRA also Dyers BeG°tijieciion and Code ComplonceGrants, as welt as Design Guidance or the CRA Area. More inlormationis availableonthe Community. Redevelopment Agenerd Poles at www.eityokerestview.org. ONE CITY ONE MISSION CR �IFo RA Can Inru R 't &Bede 4 Dream —land is thz °6Crestu ft e area �arward StrG (A; X10 pill, a_r rs t0 EGzabethRod# Page 22 of 767 CRA 2021-2022 A CCOMPLISHMEAJTIS Th& CRA, along, with the City, okCrestview, dedicxthi the, Tower Sian at the corner 4 USQOomi85 to long-time Cite AtLornqi Ben HoUq Mr. HoUq, serve4 tht C oiui the, CRA Or aver 30 dears. ONE CITY ONE MISSION Page 23 of 767 CITY OF CRESTVIEIAJ COIV1/vl (JI(JITY REDEVELOPi14EikJ T AGENCY WORKIAK* TO CREATE A c Cov&znwiiitj. R Realizing. A bream, "The CM District is the heart ok the City, ak Crestview. Ink are looking, law ard to stroviheru'na, the area to keep the heart beG.ting,stra►�.ly, Or gears to come" Elizabeth Roy, ONE CITY ONE MISSION Page 24 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader 3/16/2023 Approval of the Regular Meeting Minutes of March 13, 2023 BACKGROUND: Approval of routine minutes. DISCUSSION: Draft minutes were distributed prior to the meeting. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to approve the minutes of March 13, 2023. Page 25 of 767 Attachments 1. 03132023 City Council Regular Meeting Minutes Draft Page 26 of 767 City Council Minutes - DRAFT March 13, 2023 6:00 p.m. Council Chambers 1. Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps, Cynthia Brown, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. 2. Invocation, Pledge of Allegiance 2.1. Pastor Edward Parker from the First Church of God in Christ The Invocation and Pledge of Allegiance was led by Pastor Edward Parker from the First Church of God in Christ. 3. Open Policy Making and Legislative Session Mayor JB Whitten announced there was a quorum present and went over the rules and procedures. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Ryan Bullard to approve the agenda, as presented. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 5.1. Homelessness & Housing Alliance (HHA) Crystal Harrison, Executive Director, of the Homelessness and Housing Alliance (HHA) came forward to present data on the Okaloosa-Walton Homeless Continuum of Care. She went over the Point in Time count to depict an accurate snapshot of homelessness. She mentioned that homelessness' affects us all, as it is a humanitarian, health, economic, and moral issue. She said partnership, advocacy, education, and awareness are ways the city can help. Mayor JB Whitten and the City Council welcomed Ms. Harrison to the area. 6. Consent Agenda Mayor JB Whitten called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to approve the Consent Agenda, as presented. Page 27 of 767 Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 6.1. Approval of the City Council Regular Meeting Minutes from February 27, 2023 6.2' Approval of the Crestview Unlimited, Inc. Regular Meeting Minutes of February 27, 2023 6.3. Purchase Petersen TL -3 Knuckleboom Loader Truck 6.4. GreatLife Golf Contract 7. Public Hearings / Ordinances on Second Reading No items were brought forward. 8. Ordinances on First Reading 8.1. Ordinance 1919 - James Lee Blvd E Comprehensive Plan Amendment Planning Administrator Nicholas Schwendt introduced Ordinance 1919, James Lee Boulevard Comprehensive Plan Amendment for first reading. He mentioned both Ordinances tonight pertain to 1289 James Lee Blvd East and consists of 42 acres. He mentioned the commercial zoning designations and stated the request is for residential zoning. Planning Administrator Nicholas Schwendt then asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Commercial (C) to Residential (R) on Approximately 42.82 Acres, More or Less, In Section 16, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener's Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing for an Effective Date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Ryan Bullard and seconded by Councilmember Cynthia Brown to approve Ordinance 1919 on 1st reading and move to second reading for final adoption. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 21 Page Page 28 of 767 8.2. Ordinance 1920 - James Lee Blvd E Rezoning Planning Administrator Nicholas Schwendt presented Ordinance 1920, James Lee Boulevard East Rezoning, to the City Council and asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 42.82 Acres, More or Less, of Real Property, Located In Section 16, Township 3 North, Range 23 West, From the Commercial Low -Intensity District (C-1) Zoning District to the Single and Multi - Family Density Dwelling District (R-3) Zoning District; Providing For Authority; Providing For The Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener's Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve Ordinance 1920 on 1st reading and move to second reading for final adoption. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 8.3. Ordinance 1921 Designating the Official Seal of the City of Crestview City Clerk Maryanne Schrader presented Ordinance 1921 to the City Council. She stated in researching the City Charter and Code of Ordinances, she was unable to locate documentation or legislation officially designating the Official Seal for the City of Crestview or safeguarding the use. She added, the purpose of this Ordinance is to designate an official municipal seal to be affixed on all official actions or documents of the City and to identify and authenticate documents. She read Ordinance 1921 by Title: An Ordinance by the City Council of the City of Crestview, Florida Designating the Official Seal of the City; Providing For Penalties For Unauthorized Use; Standards For Public Use; Providing For Severability; Providing For Repeal of Ordinances in Conflict; and Providing an Effective Date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Cynthia Brown to approve Ordinance 1921 on 1st reading and move to second reading for final adoption. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 3IPage Page 29 of 767 9. Resolutions 9.1. Resolution Regarding a Comprehensive Fee Schedule Amendment - Sidewalk Fund Planning Administrator Nicholas Schwendt presented Resolution 2023-7 to the City Council mentioning there has been an increase in materials and cost of installation of sidewalks since the passage of the fee schedule. This resolution will consider changes in the material for the sidewalks when setting the fee for sidewalk installation. He then asked the City Clerk to read the Resolution. City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City of Crestview, Florida, Amending the Comprehensive Fee Schedule to Revise the Sidewalk Fund Contribution Amount; Providing For Severability; Providing For Repeal of all Resolutions or Parts of Resolutions In Conflict Herewith and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and from the public. In hearing none, he called for action. 9.2. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Ryan Bullard to adopt Resolution 2023-07. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. Resolution Relating to the Florida Department of State Revolving Fund - Elevated Storage Tank City Manager Tim Bolduc presented Resolution 2023-8 to the City Council mentioning this is part of the funding mechanism for the building of the water tower on the west side. This ensures the planning portion to pursue State Revolving Funds. He mentioned this is near the new school and bypass, which we need in order to regulate pressure. In response to Councilmember R. Bullard on whether it will replace the existing tower, City Manager Tim Bolduc replied that this area has limited pressure, so this will be an additional tower. He asked the City Clerk to read the Resolution. City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City Council of the City of Crestview, Florida, Relating to the Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF), Adoption of the Elevated Water Storage Tank Planning Project, and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to adopt Resolution 2023-8. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 41 Page Page 30 of 767 10. Action Items No additional items were presented. 11. City Clerk Report - No additional items were presented. 12. City Manager Report City Manager Tim Bolduc stated he had provided the monthly report to the Council. He reminded the Council of the March 29th Strategic Planning workshop. He mentioned the list of professionals, LEAD graduates, and high school students who will be attending. City Manager Tim Bolduc said the city attorney and he are are finalizing the RFP for solid waste and went over who will sit on the selection committee. He mentioned the committee will include the Budget and Grants Analyst, Planning Administrator, City Engineer, a city resident, a councilmember, the Deputy Director of Public Services, and Public Information Manager. He added we are looking for proposals that will provide quality service and address the future needs of the community. Mayor Pro-Tem A. Rencich volunteered to be on the committee, and the Council concurred with the selection. 13. Comments from the Mayor and Council 13.1. Ordinance Discussion - Ground -Mounted Solar Panels City Manager Tim Bolduc explained that when a Council -generated item is received, staff will bring it forward for discussion. He received a request from Councilmember D. Capps to introduce an ordinance regarding solar panel placement. Some issues facing the community are insurance companies do not want to insure roofs with solar panels, and we would like to address solar panel placement in front yards. Councilmember D. Capps stated he does not want solar panels in the front yard because of safety and aesthetic issues. Mayor JB Whitten called for comment from the Council. Discussion ensued on property lines that can accommodate the solar panels, the need for a 6 -foot privacy fence, and the heat generated by the solar panels. City Manager Tim Bolduc said the front yard is defined in the Land Development Code, so he will ensure the definition is included in the Ordinance, as well as including language that solar panels must be secure and safe. Planning Administrator N. Schwendt added there is a provision in the LDC for placement of an accessory structure. In response to Councilmember J. Blocker for the data on elevating the panels, City Manager Tim Bolduc replied staff will bring an ordinance back to the City Council that addresses safety concerns. Mayor Pro-Tem A. Rencich also voiced concern on the heat and electrical currents that the panels emit and requested adjustability. Also, 51 Page Page 31 of 767 Planning Administrator N. Schwendt stated he did not feel it would create a non- conformance issue in response to Mayor Pro-Tem A. Rencich. City Manager T. Bolduc said Nick will research the positioning, larger lots, and security issues. City Manager T. Bolduc added we will also bring up at a later date a sexual predator ordinance, if they do not have a permanent residence. Mayor asked for additional comment from the Council. Councilmember R. Bullard clarified that a homeless meeting will be held April 18th at 11 a.m. at Warriors' Hall. He also mentioned the issues he has raised with solid waste problems. City Manager T. Bolduc said we will make sure that his concerns are addressed. He added a shortlist with a thorough scoring system will be done, and out of that score, the submittals will be invited back for a public presentation before a full City Council meeting. In response to Councilmember J. Blocker and his question on animal control, City Manager T. Bolduc asked for the contact information, and he will contact the individuals with their concerns. Mayor JB Whitten reminded everyone to support Triple B on March 25th from noon to 6. He added Narcan Administration training will be held March 30th at either 9 a.m. or 6:00 p.m. at the Community Center. 14. Comments from the Audience Mayor JB Whitten asked for public comment. Shannon Hayes came forward and invited everyone to attend the "New Worlds Reading Initiative" tomorrow night at Allen Park from 4:30 to 6:30 p.m. He also asked that the Council follow to follow several bills affecting the community. Next, Mark Lynch, HOA president, mentioned the 42 acres that Harvest Ministries is bringing forward. The concern is the watershed that will impact his community, as well as the density being considered is up to eight per acre which is high for that area. 15. Adjournment Mayor JB Whitten adjourned the meeting at 6:57 p.m. Minutes approved this _ day of _, 2023. JB Whitten Mayor Maryanne Schrader City Clerk 61 Page Page 32 of 767 Proper Notice having been duly given 71 Page Page 33 of 767 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Action Item TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Wayne Steele, Director of Operations, Jayce Vanderford, Project Manager 3/22/2023 CSX Railroad Property Contract Renewal BACKGROUND: The City Hall employee parking lot between the railroad track and city hall belongs to CSX Railroad and has been under lease to the city since 1962. Additionally, the land between Wilson Street and Main Street, where the train depot once stood, is also part of this lease. Recently we inquired from CSX about the use and possible lease of the empty CSX office building across the street from City Hall. They responded that the building structure could be added to our lease. Upon review, it was discovered our current 15 -year lease was up for renewal in April of 2023, and our rates would need to be reviewed. The current rates were based on old numbers, and the current lease rates had to be brought up to the current market value. DISCUSSION: The new Lease Agreement consists of two parcels of land consisting of 1.35 acres total, the first located between Spring Street and Wilson Street adjacent to city hall currently used for parking, the other located between Main Street and Wilson Street, which includes a 2,100 sq. ft. office building and additional area for parking. The new lease amount will be as follows; first year, a base rental amount of $5,000.00, second year, a base rental amount of $10,000.00, third year, a base rental amount of $15,000.00. This escalation from $730.00 to $15,000.00 annually is the base fee necessary to bring the property to fair market value. Thereafter, the base fee and rental amount shall be adjusted annually by three percent (3%) per annum. The lease agreement, two exhibits, and the current lease invoice are attached for review. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Page 34 of 767 Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Funding for the rate increase is available in General Fund G & A Contingencies or Fund Balance. RECOMMENDED ACTION Staff respectfully requests a motion to approve the Lease Agreement between CSX Transportation Inc. and the City of Crestview. Attachments 1. CSX978065-City of Crestview --Crestview FL 2. Aerial - FL -091-1094206 3 Exhibit A - FL -091-1094206 (2) 4. SCityAdmin23032015390 Page 35 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made and effective as of (the "Effective Date"), by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202 hereinafter called "Lessor," and The CITY OF CRESTVIEW, whose mailing address is 198 Wilson Street N. Crestview, FL, 32536, hereinafter called "Lessee," WITNESSETH: That, for and in consideration of the rents hereinafter agreed to be paid by Lessee and of the covenants and agreements herein to be kept and performed by Lessee, Lessor hereby demises and leases unto Lessee, solely for the purpose herein expressed, certain improved land, owned by Lessor, as shown on Exhibit A, dated 02/27/2023, attached hereto and made a part hereof; hereinafter referred to as "the Premises," and described as follows: An irregularly shaped parcel of land, containing 1.35 acres, more or less, situated on both sides of N Wilson St beginning at Milepost OOK 700.61, at or near Crestview, Okaloosa County, Florida 1. USE: 1.1 Lessee shall use and occupy the Premises solely for the purpose of parking and office space use of present building and for no other purpose(s). 1.2 The removal of soils from the Premises by Lessee is strictly prohibited. Should Lessee desire to bring soil or fill materials that originates off -site to the Premises than Lessee shall submit to Lessor a soil management plan that demonstrates compliance with Lessor's then -current clean fill policies. 1.3 Lessee hereby acknowledges that it has access to/from the Premises via lands owned by Lessee and/or a public right-of-way. Any road crossing of Lessor's track(s) or right-of- way necessary for access to/from the Premises must be covered by a separate agreement. 2. RENTS: 2.1 Rent shall be as follows Effective Lessee shall yield and pay to Lessor the sum of FIVE THOUSAND AND 00/100 U.S. DOLLARS ($5,000.00) (the "Base Rental"), plus any applicable sales or rental tax thereon. Effective Lessee shall yield and pay to Lessor the sum of TEN THOUSAND AND 00/100 U.S. DOLLARS ($10,000.00) (the "Base Rental"), plus any applicable sales or rental tax thereon. Effective Lessee shall yield and pay to Lessor the sum of FIFTEEN THOUSAND AND 00/100 U.S. DOLLARS ($15,000.00) (the "Base Rental"), plus any applicable sales or rental tax thereon. Page 1 of 17 Page 36 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 2.2 The Base Rental shall be adjusted on an annual basis by three percent (3%) per annum. For avoidance of doubt, the aforementioned escalation percentage in any given year of this Lease shall be applied to the previous year's Base Rental. 2.3 Failure of Lessee to receive any bill for periodic rent, or receipt of a bill showing an incorrect rent, shall neither override the Lease terms nor excuse or release Lessee from liability or responsibility for the correct contract rent. Limitation on collection for any erroneous billings or payments shall be three (3) years from the termination of this Lease. In the event the Lessor is required to employ an attorney to collect the Base Rent, Lessee agrees to reimburse the cost of the attorney employed to collect the Base Rent upon receipt of a statement from Lessor. 2.4 The payment by Lessee of any sum(s) in advance shall not create an irrevocable lease for the period for which the same is/are paid. 3. TAXES/ASSESSMENTS ON LESSEE'S PROPERTY: 3.1 Lessee shall pay the full amount of any and all taxes/assessments - State, County, Municipal and Special - levied or assessed the Premises, and any penalties in connection therewith due to acts or omissions of Lessee. All necessary payment, listing and other duties in connection with the taxation of said Premises shall be performed by Lessee. 3.2 If taxes and/or assessments on said property or improvements are levied against and paid by Lessor, Lessee shall reimburse Lessor for the full amount thereof within thirty (30) days after presentation of bill(s) from Lessor therefor. 3.3 In the event any street, sidewalk, or other municipal or public improvements are made on or adjacent to the Premises during this Lease, Lessee shall pay further additional rent equivalent to twelve and one-half percent (12.5%) per annum of the cost of the same. 4. TERM: 4.1 This Lease shall continue in effect unless and until terminated by thirty (30) days' written notice by registered or certified mail from either party hereto to the other. Either party may terminate this Lease by giving such notice, without cause and regardless of performance or nonperformance of any covenants or agreements contained herein and regardless of rental having been paid in advance for any period, and without any loss or damage to either party as a result of such termination. 5. APPROVAL OF PLANS; MAINTENANCE, REPAIRS, FLAGGING: 5.1 Lessee shall not make, or permit to be made, any building, structure, improvements or alterations on or to the Premises without the prior written approval and consent of Lessor. Lessee, at Lessee's sole cost and expense, may make such changes in said Premises necessary to make Premises suitable for the permitted use, after obtaining consent of Lessor, and provided that Lessee, at the expiration of this Lease, shall return the Premises to Lessor restored Page 2 of 17 Page 37 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 to original condition or to condition acceptable to Lessor. Lessee shall provide Lessor with detailed plans and specifications for any such structure(s), etc., for such approval and consent. 5.2 Lessee shall not create or permit any nuisance in, on or about the Premises. All work by Lessee pursuant to this Lease shall be performed in good and workmanlike manner and in compliance with all applicable code provisions. 5.3 Lessee shall be solely responsible for the cost, installation, maintenance, replacement, operation and safety of equipment located on the Premises. 5.4 Neither the approval by Lessor of any improvements or installations made by Lessee contractors, nor the failure of Lessor to object to any work done, any material used, or the method of construction or installation, shall be construed as an admission of responsibility by Lessor or as a waiver of any of Lessee's obligations under this Lease. 5.5 Lessor shall in no manner be obligated to reimburse Lessee for all or any part of any expenditures made by Lessee, under this or prior agreements, for any repairs, replacements, renovations or any other work on or about the Premises. 5.6 If Lessor deems it necessary, during any construction, maintenance, demolition or removal of anything on or from the Premises, to provide flagging or construction oversight for protection of Lessor's operations, Lessor shall have the right to do so at Lessee's expense. 6. INSPECTIONS: 6.1 Lessor shall have the right, during regular business hours, upon reasonable notice to Lessee, and at mutually agreeable times, to conduct field examinations of the Premises and verify: (i) Lessee's use of the Premises is in accordance with the terms of this Lease; and (ii) any other reasonable review or assessment of the Premises or matters pertaining to the Lease as reasonably determined by Lessor. 7. PERMITS, ORDINANCES, REGULATIONS, ETC.: 7.1 Lessee, at Lessee's sole cost and expense, shall secure all necessary permits (including but not limited to zoning, building, construction, safety, or environmental matters), letters or certificates of approval. Lessee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s) and approval(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over the Premises or Lessee's use thereof. 7.2 Lessee assumes all liability for failure to so comply or to secure necessary permits and shall further defend, indemnify and hold Lessor harmless from any violation, any penalty, levy, fine, assessment or charge, however denominated, and all costs of defense of or of compliance with any citation, summons, order or violation notice(s), including any such citation, order, etc. issued after termination of this Lease for any act, omission or event occurring in connection with this Lease during the Lease term. Page 3 of 17 Page 38 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 7.3 Lessee shall provide Lessor with copies of any permits or authorizations Lessee obtains in compliance with any laws, ordinances, codes or regulations applicable to the prevention or control of discharge of pollutants or contaminants into environment (land, water or air) in connection with Lessee's use of the Premises. Lessee shall also promptly provide Lessor with a copy of any notice(s) served upon Lessee from/by any governmental authority claiming violations of any such law, ordinance, code or regulation, or requiring or calling attention to the need for any work, construction, alteration or installation on or in connection with the Premises in order to comply with any such law, ordinance, code or regulation. 8. DRAINAGE: 8.1 Lessee shall maintain, in accordance with all applicable statutes, ordinances, codes, subdivision covenants and restrictions, an adequate drainage system on the Premises or other lands of Lessee, diverting all roof, stream, or other surface drainage water from the Premises to the nearest public (or non -Lessor owned) drainage or storm sewer system, in order to prevent the discharging of such waters upon adjacent lands, right-of-way and facilities of Lessor. 8.2 Lessee shall maintain any segment of Lessor's railroad drainage ditch located within the limits of Premises. 9. SERVICES, UTILITIES: 9.1 Lessor will be under no obligation to furnish the Premises with any utility services that may be necessary in connection with Lessee's use of the Premises. Lessee shall contract directly with any utility company for such services, and Lessee shall pay for them directly, and shall defend, indemnify and hold Lessor harmless from such costs or expenses, and shall reimburse Lessor as additional rent any costs of or charges for such utilities paid by Lessor. 9.2 Except as provided for in this Lease, Lessee shall not use, for utility lines or otherwise, any property of Lessor other than the Premises without first obtaining Lessor's prior written consent and complying with all requirements of Lessor applicable thereto. 10. PIPE AND WIRE LINES: 10.1 Lessor reserves the right at all times to maintain existing and/or to construct new, and to permit others to maintain and/or construct, overhead and/or underground pipe and/or wirelines upon or across the Premises, and to use, repair, renew and remove the same. 10.2 However, Lessee shall be responsible for verification of location of all utilities and for coordination of any construction or excavation by Lessee with the owner of such utilities. 10.3 Any utility of Lessee crossing under/over tracks or rights -of -way of Lessor must be covered separately by Lessor's standard utility agreement. 11. CLAIM OF TITLE: Page 4 of 17 Page 39 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 11.1 Lessee shall not at any time own or claim any right, title or interest in or to the Premises, nor shall the exercise of this Lease for any length of time give rise to any right, title or interest in or to the Premises, other than the leasehold herein created. 11.2 The term "lease" used herein, shall mean with regard to any portion of the Premises which is owned by Lessor in fee simple absolute, or where the applicable law of the State where the Premises is located otherwise permits Lessor to make such grants to Lessee, as "a leasehold" of the Premises. With regard to any other portion of Premises occupied, used or controlled by Lessor under any other facts or rights, Lessor merely waives its exclusive right to occupy the Premises and grants no other rights whatsoever under this Lease, such waiver continuing only so long as Lessor continues its own occupation, use or control. Lessor does not warrant or guarantee that the lease granted hereunder provides Lessee with all of the rights necessary to occupy any portion of the Premises. Lessee further acknowledges that it does not have the right to occupy any portion of the Premises held by Lessor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Lessee shall not obtain, exercise or claim any interest in the Premises that would impair Lessor's existing rights therein. 12. LIENS: 12.1 Lessee is specifically denied the right, authority or power to create a lien upon the Premises or any title, interest or portion thereof under any state Mechanic's Lien Law or otherwise, and shall so specify in all contracts let by Lessee for any construction, installation, alteration, maintenance or repair of any building or other improvement on the Premises. 12.2 Lessee shall pay all debts incurred to, and shall satisfy all liens of contractors, subcontractors, mechanics, laborers and material suppliers arising from any construction, alteration, maintenance and/or repair on and to the Premises and any improvements thereon, whether by or at the direction of Lessee, and shall indemnify, defend and hold Lessor harmless against all legal costs and charges, including reasonable counsel fees, in any suit involving any lien, the enforcement or removal thereof, or encumbrance caused by the same, with respect to the Premises or any part thereof. 13. TERMINATION, REMOVAL, COSTS: 13.1 Upon termination of this Lease, by expiration of term or any reason, Lessee shall vacate said Premises and remove therefrom all buildings, structures, other improvements and contents thereof, placed thereon by Lessee or which were located thereon as of the first day of this Lease (other than buildings, structures, tracks, other track materials, rail facilities and/or improvements designated by Lessor as owned by Lessor), all at Lessee's sole risk, cost and expense. Lessee shall clear all debris resulting from such removal and shall clear and restore the Premises to a condition satisfactory to the Lessor. Such removal shall include the removal of all structures and facilities (whether on the surface or underground), and the filling of all excavations and holes, which shall be tamped, compacted and graded uniformly. Page 5 of 17 Page 40 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 13.2 Such vacation and removal shall be completed by Lessee within the time specified in any notice of termination or at the latest within fifteen (15) days after the termination or expiration of this Lease. 13.3 Upon failure of Lessee to effect such removal, all buildings, structures or improvements and contents thereof, at the option of Lessor, shall either (a) be considered and treated as having been abandoned by Lessee, and upon the written exercise of such option by Lessor, the ownership of the same shall be considered surrendered to Lessor or (b) be removed by Lessor and the Premises restored to foresaid condition, at the sole risk, cost and expense of Lessee, which cost and expense Lessee hereby agrees to pay to Lessor on demand. 13.5 At the sole option of Lessor, at or after termination, Lessor may obtain, at Lessee's cost, the services of an independent, qualified consultant and state -approved laboratory to sample and test any visibly contaminated area of the Premises to insure that the Premises are returned to Lessor reasonably free from pollution -induced conditions; however, failure by Lessor to sample and/or test shall not be construed as a waiver of any claim established by law, or of any other provision or condition of this Lease. 13.6 This Lease supersedes existing agreement(s) dated 04/30/1962, Contract No. LN 048171, between CSX Transportation, Inc., or its predecessor in title, and City of Crestview, or its predecessor in title, covering the premises described herein, which agreement(s) is/are terminated and superseded by the execution hereof. 14. RISK, LIABILITY, INDEMNITY: 14.1 To the extent permitted by applicable law without waiver of sovereign immunity (if applicable), Lessee hereby assumes, and releases and waives any right to ask for or demand damages for or on account of, and agrees to protect, save harmless, defend and indemnify Lessor from and against all fines, suits, damages, claims, demands, losses, actions, liabilities, expenses and costs (including reasonable attorneys' fees and court costs, whether at trial or on appeal) for: (A) All loss and damage to any property whatsoever, including property of Lessee, property of Lessor and of all other persons whomsoever, placed or stored upon the Premises and upon any temporary usage area provided herein, and the loss of or interference with any use or service thereof; (B) All loss and damage on account of injury to or death of any person whomsoever, including but not limited to invitees, guests, agents, and employees of the parties hereto and all other persons whomsoever on the Premises or said temporary use area(s); and (C) All consequential loss or damage occurring off the Premises but arising from acts or events on the Premises; caused by, arising out of or resulting in any manner from the condition, existence, use or occupancy of the Premises and any adjoining lands used by Lessee or Lessee's guests, invitees, agents, servants, or employees, regardless of cause and whether caused by, arising out of or Page 6 of 17 Page 41 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 resulting from any fault, failure or negligence of Lessor or otherwise. Lessor shall not be liable or responsible for any loss or damage to any property or the death or injury to any person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition of other governmental body, or by any other matter beyond the control of Lessor. Under no circumstances shall Lessor be liable for special or consequential damages. 14.2 Notwithstanding any other provision hereof, Lessee agrees to defend, indemnify and hold Lessor harmless from all claims, costs and expenses (including reasonable attorneys' fees) as a consequence of any incident resulting in the pollution of air, water, land and/or ground water arising from or in connection with this Lease or Lessee's use of the Premises or property adjacent to the Premises, including any claim or liability arising under Federal or State law dealing with the pollution of air, water, land and/or ground water or the remedy thereof or from Lessee's failure to secure and comply with permits required by applicable or the provisions of this Lease. 14.3 If the Premises leased herein are adjacent and/or contiguous to Lessor's mainline or passing track(s), right-of-way and/or yard operations, Lessee acknowledges the increased exposure to hazards or dangers from railroad accidents or derailment and potential injury to business invitees, guests and/or employees of Lessee or damage to property, equipment and/or goods of Lessee and other from and on the Premises, including resultant loss of business or revenue. As such, in further consideration for the grant of this Lease (and notwithstanding the liability and indemnity provision of this Lease), Lessee: (a) expressly assumes full responsibility to keep all personal property, equipment, and personnel of Lessee, and any business or social invitees of Lessee, off of and away from Lessor's adjacent railroad property and operations, and (b) assumes, and also agrees to defend, indemnify and hold Lessor harmless from: any claims for death of or personal injury to any person(s) or loss of or damage to any property, including death of or injury to any employee(s) of either Lessor or Lessee and loss of or damage to any property of Lessor or Lessee, either (i) occurring on the adjacent railroad property and operations of Lessor, and arising directly or indirectly from Lessee's failure to keep such persons, property, or equipment off of said adjacent railroad property and away from operations, or (ii) occurring on the leased Premises but which arise directly, indirectly or consequently from any train accident or rail car derailment on, or objects propelled from, said adjacent track(s); regardless of any contributory or causally proximate fault, failure or negligence of Lessor: but only if said death, injury, damage or destruction would not have occurred but for Lessee's presence on the leased Premises. 15. INSURANCE, ETC.: 15.1 Prior to commencement of due diligence or use of the Premises for the permitted use, Lessee shall procure, and shall maintain during continuance of this Lease, at its sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Lessor, and/or its designee, as additional insured, covering liability under this Lease. Coverage of not less than FIVE MILLION U.S. DOLLARS ($5,000,000.00) Combined Single Limit per occurrence for bodily injury and property damage is required as a minimum to protect Lessee's assumed obligations hereunder. If said policy does not automatically cover Lessee's contractual liability under this Lease, a specific endorsement adding such coverage shall be purchased by Lessee. If Page 7 of 17 Page 42 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 said policy is written on a "claims made" basis instead of an "occurrence" basis, Lessee shall arrange for adequate time for reporting losses. Failure to do so shall be at Lessee's sole risk. Lessee shall also carry, for the benefit of Lessee and its employees, Worker's Compensation Insurance as required by the state in which the Premises is located. This policy shall include Employer's Liability Insurance with a limit of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) per occurrence. Unless prohibited by law, such insurance shall waive subrogation against Lessor. Lessee shall also maintain Automobile Liability Insurance in an amount not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) single limit, bodily injury and/or property damage combined, for damages to or destruction of property including the loss of use thereof, in any one occurrence. Policy shall name Lessee as insured and Lessor, and/or its designee, as additional insured. 15.2 If Lessee contracts for new construction or structural alterations to the Premises, Lessee shall provide prior to commencement of any construction activity, and maintain during the period of construction and all related activities, at no cost to Lessor, a policy of Owner's Protective Liability Insurance designating Lessor, and/or its designee, as insured, with a limit of not less than FIVE MILLION U.S. DOLLARS ($5,000,000.00) Combined Single Limit per occurrence for all bodily injury and property damage liability. If the construction, demolition or alterations operations are within fifty (50) feet of any Lessor operated railroad track or have the potential to affect any railroad bridge, trestle, tunnel, track, roadbed, overpass or underpass, the insurances shall be written on the ISO/RIMA Form (ISO Form CG -00-35, or current) the ISO/RIMA Form (ISO Form CG -00-35, or current) of Railroad Protective Insurance, with Pollution Exclusion Amendment (ISO Endorsement No. CG -28-31), having a limit of not less than FIVE MILLION U.S. DOLLARS ($5,000,000.00) Combined Single Limit per occurrence for bodily injury and property damage and at least a TEN MILLION U.S. DOLLARS ($10,000,000.00) aggregate limit during each annual policy period. The original protective liability policy shall be submitted to and approved by Lessor's Director - Casualty Insurance, at the address above, prior to commencement of the construction. At Lessor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Lessee may pay Lessor, at Lessor's current rate at time of request, the cost of adding any construction and/or demolition activities, to Lessor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Lessor's discretion and may not be available under all circumstances. 15.3 Lessor may at any time request evidence of insurance purchased by Lessee to meet requirements of this Article, and may demand that Lessee purchase insurance deemed adequate by Lessor, but not to exceed the limits of this Article. Failure of Lessee to comply within thirty (30) days of Lessor's, or its designee's, demand shall be a default, subject to the termination provisions of this Lease. Furnishing of insurance by Lessee shall not limit Lessee's liability under this Lease but shall be additional security therefore. 16. DEFAULT: Page 8 of 17 Page 43 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 16.1 Any of the following events shall constitute a default by Lessee: (A) If the rent (base or additional) shall be in arrears, in whole or in part, for thirty (30) or more days; or (B) If Lessee shall have failed to perform any other term, condition, or covenant of this Lease, on its part to be performed, for a period of fifteen (15) days after notice of such failure from Lessor; or (C) If Lessee creates a situation involving hazard to the safety of railroad operations of Lessor and fails to correct same within forty-eight (48) hours of notice from Lessor to do so; or (D) If the Premises are vacant, unoccupied or deserted for a period of fifteen (15) days or more any time during the term; or (E) If Lessee is adjudicated a bankrupt for liquidation; or (F) If Lessee's leasehold interest under this Lease is assigned or sold under execution, attachment or decree of any court, to satisfy any debt of Lessee; or (G) If any lien (including a mechanic's or environmental fund lien) is filed against Lessee's leasehold interest, and is not discharged within ten (10) days thereafter. (H) If Lessee fails to remediate any deficiencies found during inspection of the Premises, pursuant to the terms of this Lease and notice thereof. 17. LESSOR'S REMEDIES: 17.1 In the event of alleged breach or default, other than involving safety of railroad operations, either party may give written notice (registered or certified mail, return receipt requested) of breach and time to cure, not to exceed fifteen (15) days. Failure to cure within said notice period, or mutually extended period, will be cause for termination, regardless of rental having been paid in advance for any period. 17.2 In the event of an alleged default or breach of covenants or nonperformance by Lessee involving safety of railroad operations, Lessor may give notice by telephone, telegraph or messenger to Lessee to effect a cure or remedy within forty-eight (48) hours. Failure of Lessee to cure within said notice period will be cause for immediate termination by Lessor. 17.3 In the event of default as defined herein, Lessor, in addition to any and all legal and equitable remedies it may have, shall have the following remedies: (A) At any time after default, to declare this Lease terminated upon immediate notice, and to enter and take possession of the Premises with or without legal process. In such event, Lessor shall have the benefit of all provisions of law now or hereafter in force respecting Page 9 of 17 Page 44 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 the speedy recovery of possession from Lessee's holding over or proceedings in forcible entry and detainer, and Lessee waives any and all provisions for separate or additional notice under such law(s). (B) To distrain at all times for rent due, and Lessor shall have a valid and first lien upon all property of Lessee (including but not limited to Lessee's improvements, structures, equipment and contents) situated on the Premises as security for the payment of rent herein reserved. Lessee expressly consents to the recording of a Financing Statement, at Lessee's cost, to evidence and perfect Lessor's lien hereunder. 17.4 Notwithstanding such re-entry and/or termination, Lessee shall immediately be liable to Lessor for the sum of the following: (a) all rent and additional rent then in arrears, without apportionment to the termination date, including Lessee's contribution to taxes as provided for herein; (b) all other liabilities of Lessee and damages sustained by Lessor as a result of Lessee's default, including but not limited to, the reasonable costs of reletting the Premises and any broker's commissions payable as a result thereof; (c) all of Lessor's costs and expenses (including reasonable counsel fees) in connection with such default and/or recovery of possession of Premises; and (e) any other damages recoverable by law. 17.5 In the event Lessor brings any action against Lessee to enforce compliance by Lessee with any condition of this Lease, including the covenant to pay rent, and it is judicially determined that Lessee has defaulted in performing or complying with the same, then and in such event, Lessee shall pay to Lessor all costs and expenses incurred by Lessor in bringing and prosecuting such action against Lessee, including reasonable attorney fees. 17.6 If any amount due pursuant to the terms of this Lease is not paid by the due date, it will be subject to Lessor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 17.7 Lessee agrees to reimburse Lessor for all reasonable costs (including attorney's fees) incurred by Lessor for collecting any amount due under this Lease. 18. BREACH WAIVER: 18.1 No waiver by Lessor of any breach of any covenant, condition or agreement herein contained shall operate as a permanent waiver of such covenant, condition or agreement itself or of any subsequent breach thereof. No endorsement or statement on any check or letter accompanying a check for payment of rent shall be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent or to pursue any other remedy provided in this Lease. No payment by Lessee or receipt by Lessor of a lesser amount than the installments of rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent. 18.2 If Lessor shall institute collection or litigation proceedings, and a compromise or settlement thereof shall be made, the same shall not constitute a permanent or general waiver of any covenant herein contained nor of any of Lessor's rights hereunder unless so expressed in Page 10 of 17 Page 45 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 writing by Lessor. No re-entry by Lessor after a breach shall be considered an acceptance of a surrender of this Lease, unless so expressed by Lessor in writing. 19. BANKRUPTCY OF LESSEE: 19.1 In the event any assignment for the benefit of creditors or a petition in bankruptcy is filed by Lessee, or if Lessee is adjudged bankrupt or insolvent by any court, or if a trustee in bankruptcy or a receiver of Lessee or Lessee's property shall be appointed in any suit or proceeding brought by or against Lessee, and if at such time this Lease is in default by Lessee, then and in such event Lessor, at its option, may: (a) terminate this Lease at the end of the following month; or (b) request affirmance or rejection of this Lease under Sec. 365 of Bankruptcy Act by giving Lessee or any such assignee, trustee, or receiver written notice of such termination or demand for election. If Lessee, or such assignee, trustee or receiver, fails to elect affirmance and fails to furnish adequate assurances of correction of existing debt and continued performance under the Lease, within the term of the notice, Lessee shall be deemed to have rejected the same. 19.2 If Lessee or such assignee, trustee, or receiver shall reject or be deemed to have rejected this Lease, Lessee shall vacate the Premises pursuant to the terms and conditions of this Lease, without further notice necessity. If Lessee or such assignee, trustee or receiver shall affirm this Lease, it shall thereupon be bound by all terms hereof, including payment of all rentals from the date of Lessor's notice of demand for election and remedies of Lessor for nonpayment or other breach as hereinabove provided (including the provisions of this Section). 20. SUCCESSORS AND ASSIGNS; LIMITS ON TRANSFER, SUBLEASE, ETC.: 20.1 Except as hereinafter provided, the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of Lessor and the successors and assigns of Lessee. 20.2 However, Lessee shall not transfer, assign, encumber, license or sublet this Lease or any part of the Premises or any rights and privileges herein granted except to a subsidiary, parent or common controlled affiliate. This covenant shall also apply whether such sale or transfer is made voluntarily by Lessee or involuntarily in any proceeding at law or in equity to which Lessee may be a party, whereby any of the rights, duties and obligations of Lessee may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior notice to and consent of Lessor. 20.3 Lessee shall not suffer or permit any other entity to use any part of the Premises except with the separate written consent of Lessor; provided, however, the previous sentence shall not operate to prevent Lessee's agents, servants, employees, invitees and guests from entering the Premises at the invitation of Lessee subject to the terms and conditions of this lease. 20.4 Prior to any Lessor consent to Lessee's request(s) to transfer, assign, encumber, license or sublease, Lessor, in its sole discretion, may request a copy of the proposed agreement Page 11 of 17 Page 46 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 for such purpose. No such approved transfer, assignment, encumbrance, license or sublease shall release Lessee of any obligations arising under this Lease. 20.5 Any unauthorized sale, transfer, assignment, license, sublease or encumbrance of this Lease, or any of the rights and privileges hereunder, or use of any part of the Premises, shall constitute a default by Lessee and Lessor, at its option, may terminate this Lease by giving Lessee or any such assignee, licensee or sublessee written notice of such termination, and Lessor may thereupon immediately enter and retake possession of the Premises. 21. LESSOR'S COSTS: 21.1 Any actual additional or alternative costs or expenses incurred by Lessor to accommodate Lessee's use the Premises as a result of track changes, shall also be paid by Lessee. 21.2 Lessor's actual expense for wages ("force account" charges) and materials for any work performed at the expense of Lessee pursuant hereto shall be paid by Lessee within thirty (30) days after receipt of Lessor's bill therefor. Lessor may, at its discretion, request an advance deposit for estimated Lessor costs and expenses. 21.3 Such expense shall include, but not be limited to, actual cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Lessor's applicable fixed rate(s), provided such rates are commercially reasonable. Lessor may, at its discretion, require advance deposit for estimated costs and expenses associated herein. 22. RECORDATION: 22.1 This instrument is not to be recorded by any party and recordation shall not constitute notice for any legal effect without Lessor's prior written consent, which may be withheld for any reason. In the event of recordation, all costs, stamps and/or taxes, however styled or assessed, necessary to place this Lease or a Memorandum of this Lease (and any subsequent Release or Memorandum of Release) upon record shall be borne solely by Lessee. 23. CONDEMNATION: 23.1 Should the Premises or any part thereof be condemned, appropriated and/or acquired for public use, then this Lease, at the option of Lessor, shall terminate upon the date of taking. No part of any damage or award shall belong to Lessee, except to the extent of any specific award from the governmental authority for improvements and/or facilities of Lessee. Improvements and/or facilities of Lessee not so condemned, appropriated and/or acquired shall be removed by Lessee in accordance with this Lease. 23.2 Lessor's land shall be valued as of such date (or other legal date of valuation) as vacant land, without consideration of this Lease or Lessee's improvements on said land as an enhancement or detriment to said land value. Page 12 of 17 Page 47 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 24. ENVIRONMENTAL, SAFETY: 24.1 The Premises shall not be used for a scrap or junk yard, the burning of refuse, deposit of debris, garbage, sewage, or waste of any kind, or for any other unsanitary or unhealthful purposes of any kind or nature, or any other use contrary to any laws or regulations. 24.2 No portion of the Premises may be used for the transportation, treatment, storage or disposal of hazardous materials, hazardous substances or hazardous waste, as classified under RCRA (Title 42 U.S. Code, Sections 6901, et al.), CERCLA (Title 42 U.S. Code, Sections 9601- 9657, et al.) or SARA (Title 42 U.S. Code, Sections 9601(35), et al.), or for any other use or purpose requiring a federal or state environmental permit. 24.3 Lessee shall not store or permit to be stored on the Premises any explosive of any kind, except that gasoline or other fuel may be stored on the Premises in such manner and in such quantities as expressly allowed by Lessor by separate written consent. 24.4 Lessee shall not temporarily block any sight view area of any rail/road crossing on the Premises, by parking or allowing parking of motor vehicles or any other means, or erect any permanent structure thereon nor allow any landscaping/vegetation to block said sight view. 24.5 Notwithstanding any provision herein, in the event the Premises shall be used for the inbound or outbound movement of railroad tank or other cars or other vehicles containing dangerous or hazardous commodities consigned to or shipped from Lessee (whether explosive, combustible, flammable, poisonous or otherwise listed or scheduled as placarded items) or shall be used for the storage and/or handling of such dangerous or hazardous commodities, Lessee further expressly agrees that: (A) Lessee shall fully comply with all governmental regulations pertaining to the storage, loading, unloading and/or handling of any dangerous or hazardous commodities handled, loaded, unloaded, stored or moved on or off the Premises, and shall be solely liable for any damages, penalties, costs or charges incurred by Lessor for Lessee's failure to so comply. (B) Lessee shall defend, indemnify and hold harmless Lessor, its successors and assigns, from and against all losses, damages, costs, expenses (including attorney fees), claims, suits and judgments, whatsoever arising from or growing out of any injuries to or death of persons, or losses or damages to property, which may be caused or contributed to by the presence on said Premises of such dangerous or hazardous commodities, and whether such injury, death, loss or damage result from fire, explosion, collapse or any other cause, including Lessor's joint, concurring or sole negligence. (C) In the event of leakage or spillage of such dangerous or hazardous commodities from tank or other cars being shipped to or from Lessee, or from storage and/or handling of Lessee, or from other vehicles or Lessee's operations, Lessee shall notify Lessor and, at Lessee's sole expense, promptly undertake to clean the Premises to the satisfaction of Lessor and any public body having jurisdiction over said leakage or spillage. Should said leakage or Page 13 of 17 Page 48 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 spillage result in a fine, penalty, cost or charge being incurred by Lessor, Lessee shall promptly and fully reimburse and indemnify Lessor on account thereof. (D) It is the intent of the parties to this Lease that the indemnification provided in this section be strictly limited to situations wherein such death, personal injury, property loss or damage would not have resulted but for the dangerous or hazardous nature of the commodities on the Premises. The indemnification provisions of this section shall apply during the term of this Lease and at any time thereafter that a claim is made against Lessor for any damages alleged to have been caused during the term of this Lease from/by any dangerous or hazardous commodity moved, stored or handled by Lessee, regardless of whether Lessor now owns the Premises, has leased the Premises to another party, or has conveyed the Premises to another party in the interim. 25. NOTICES: 25.1 Notices under this Lease shall be in writing and sent by Registered or Certified Mail, Return Receipt Requested, or by courier, express or overnight delivery, and by confirmed e-mail. 25.2 The date such notice shall be deemed to have been given shall be the business day of receipt if received during business hours, the first business day after the business day of receipt if received after business hours on the preceding business day, the first business day after the date sent by courier, express or overnight ("next day delivery") service, or the third business day after the date of the postmark on the envelope if mailed, whichever occurs first. 25.3 Notices to Lessor shall be sent to: CSX Transportation, Inc. c/o Real Estate Contract Management — J180 500 Water Street Jacksonville, FL 32202 E-mail: customerrelationsncsx.com Notices to Lessee shall be sent to: * Attn: * Email: * Phone: * 25.4 Any party hereto may change its address or designate different entities to receive copies by notifying the other party in a manner described in this Section. 26. TIME OF ESSENCE: Time shall be considered of the essence both to the Lessee and the Lessor for all activities undertaken or required pursuant to this Lease. 27. MISCELLANEOUS: Page 14 of 17 Page 49 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 27.1 This Lease is executed by all parties under current interpretation of any and all applicable federal, state, county, municipal, or other local statute, ordinance, or law. Further, each and every separate division (paragraph, clause, item, term, condition, covenant or agreement) herein contained shall have independent and severable status from each other separate division, or combination thereof, for the determination of legality, so that if any separate division herein is determined to be unconstitutional, illegal, violative of trade or commerce, in contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall be treated as nullity, but such holding or determination shall have no effect upon the validity or enforceability of each and every other separate division contained, or any other combination thereof. 27.2 In the event this Lease is part of a package of agreements for Lessee, this Lease and all other such documents shall be read as compatible parts of the same and not in contradiction to each other, such that any apparent conflict in any duties here/thereunder, Lessor/Railroad shall designate which clause(s) shall survive or control any others. 27.3 All obligations of Lessee hereunder to release, indemnify and hold Lessor harmless shall also extend to officers, agents and employees of Lessor, and to companies and other legal entities that control, or are controlled by, subsidiaries of or are affiliated with Lessor, as well as any railroad that operates over the right-of-way on which the Premises is located, and their respective officers, agents and employees. 27.4 The provisions of this Lease are considered confidential and may not be disclosed by Lessee to a third party without the consent of the Lessor, except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions. *28. IMPROVEMENT PROVISIONS: 28.1 Lessee accepts building(s) owned by Lessor "as is," and Lessor shall be under no obligation with respect to the condition or maintenance of said building(s) or any facility(ies) or system(s) therein. When Lessee occupies the entire building(s), Lessee, at Lessee's cost and expense, shall keep said building(s) in good condition and repair, including, but not limited to the roof(s), door(s), window(s), column(s), existing fire extinguisher(s), fire hoses(s), electronic protective service(s) and sprinkler system(s). When Lessee occupies less than the entire building(s), Lessee, at Lessee's cost and expense, shall construct and maintain partitions separating the Premises used by Lessee from the remainder of said building(s) and shall keep the interiors thereof, including but not limited to, windows, doors, hinges, in good condition and repair. Lessee shall be responsible for all interior painting and, if use is of an entire building, exterior painting. Additionally, extraordinary maintenance or damage repairs to said building(s), etc., occasioned by Lessee's use of the Premises, shall be performed by Lessee at its sole cost and expense. If Lessee fails to make such maintenance or repairs, Lessor may have the same performed at sole cost and expense of Lessee. 28.2 If this Lease is only for a portion of a building, or of a building with common service utilities, Lessee shall provide and pay for the separation of existing utilities (gas, electric Page 15 of 17 Page 50 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 and water), and shall thereafter provide for and pay directly to the applicable utility company all separately metered charges for such services or supplies. 28.3 Lessee shall cooperate with Lessor's Risk Management Department and shall promptly comply with fire prevention measures requested by said Department. Lessee shall also comply with all applicable rules and regulations of the National Fire Codes established by the National Fire Protection Association, as the same may affect the Premises or the use thereof. 28.4 Lessee shall make no electrical installations or alterations in and to the improvements or electrical circuits (whether for power, light, heat or other purposes) located on the Premises except by a duly licensed electrician, and shall make no installation of natural gas, propane, kerosene or other combustion fuel heating or cooling units, except by licensed heating or cooling contractor. 28.5 Lessee shall assume control of and properly operate and maintain any sprinkler system installed by Lessor in said Premises. Lessee assumes all liability for, and shall defend, indemnify and save Lessor harmless from any claim for damage to or loss of goods or property of Lessee or any other person(s) or corporation(s), arising from the installation or maintenance of said sprinkler system, failure to operate, leakage or dampness therefrom or incident thereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 16 of 17 Page 51 of 767 AGREEMENT NO.: CSX978065 SITE ID: FL -091-1094206 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the Effective Date of this Lease. Witness for Lessor: Witness for Lessee: CSX TRANSPORTATION, INC. By: Print/Type Name: Print/Type Title: By: Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Lessee to the terms and conditions of this Lease. Print/Type Name: Print/Type Title: Page 17 of 17 Page 52 of 767 FL-CRESTVIEW-CRESTVIEW BUILDINGS SITE: FL -091-1094206 OKALOOSA COUNTY - CRESTVIEW, FL O - OFFLINE - FOREIGN NETWORK MILEPOST: OOK 700.61 EXHIBIT A GIS # 17989-001 INTEL# �IV65/25 V iv PIN # 12091 0012 ni 12091 0013 1"=100' ! ; `4 ! ,Y 4\ \.' <19 9 t°) ‘ b % I ‘,..,, 4611L i +a 0 25 50 100 150 /200 �, ' ,gyp t ( 40 r D o° 41%) ` 00 ft ii AI+ 4" N\ V Oc % -' i�` 4, „Nigel' r �k� ` * IL ��NI N, if \� *ice/ dill' J �\ F +6 % ," jr"i � '`�ilitt �' 1 T •• 1.' A `1 " _ , y V , ��,. ` . 4 6. ,,,�.� \\ `♦,.:`\ x 4 ±� Wrieefr 00 14 /0 ill 1.2 ovi .111-,,,e, 0 131 t,0 4. 10' ± � IAo ,,,»/ 4it ,.... i� t i 4' { A. e -:. t I f ' � i1 �. et ��n, ft) t 196 —mi. Ar't ., ► fik \ V�lr. i R. R'ilia CSX TRANSPORTATION, INC. REGION: 0 ZONE: OFFLINE FL-CRESTVIEW-CRESTVIEW BUILDINGS SUBDIVISION: FOREIGN NETWORK SITE: FL -091-1094206 DATE: 02/27/2023 OKALOOSACOUNTY- CRESTVIEW, FL REVISED: 02/27/2023 MILEPOST: OOK 700.61 DRAWN BY: 07525 o Engineering Milepost THIS RAILROAD MAP EXHIBIT GRAPHICALLY REPRESENTS A PROPOSED REAL ESTATE TRANSACTION. IT MAY NOT REFLECT CURRENT "ON THE GROUND" CONDITIONS AND/OR ACTUAL LOCATIONS OF FEATURES. ALL DIMENSIONS, OFFSET DISTANCES, AREA CALCULATIONS AND MEASUREMENT NOTATIONS SHOWN ON THIS EXHIBIT ARE APPROXIMATE. . Premises 135±Acres [ CSX Ownership / Rights Rjax2307fs\rpi\PIN \FL12\FLO91 OKALOOSACO\091-0012\FL-091-1094206\EXHIBITS \ Exhibit -"qg 3r 9 Page 1 of 1 CSX low fumorrdw m • CSX Federal ID No. : 54.6000720 CSX Canadian ID No. : 1022434469 CRESTVIEW CITY OF PO BOX 1209 CRESTVIEW FL 32536-1207 Description of Charges Contract No Contract Date Location Description INVOICE Bill No. Bill Date Due Date iir:C:_IVE....0 Rl}i°2 2022 mi:i) 2 8421646 03/10/2022 05/01/2022 Payment may be made in one of the following ways: Mail your check, along with the bottom portion of your bill to the address indicated on the bill. If you have questions concerning this invoice, please contact RealEstateinvoicing@csx.00m If you have questions conceming the terms of the contract, name or address update, to set up payment via ACH or to have future payments automatically withdrawn from your checking account via (EFT) contact CustomerRelations@csx.com. Send mail correspondence to 500 Water Street, J180, Jacksonville, FL 32202. LN 048171 05/01/1962 CRESTVIEW FL REAL ESTATE - LAND ONLY ANNUAL FEE FOR A REAL ESTATE - LAND ONLY LOCATED AT OOK 700.00 PARCEL OF LAND CONTAINING 20,500 SQUARE FEET, LOCATED BETWEEN WILSON STREET AND MAIN STREET. LN 048171 05/01/1962 CRESTVIEW FL REAL ESTATE - LAND ONLY ANNUAL FEE FOR A REAL ESTATE - LAND ONLY LOCATED AT OOK 701.00 PARCEL OF LAND CONTAINING 42,000 SQUARE FEET, LOCATED BETWEEN SPRING STREET AND WILSON STREET. Remit To: CSX Transportation P. O. Box 530181 Atlanta, GA 30353-0I81 Billing Period 05/01/2022 - 04/30/2023 05/01/2022 - 04/30/2023 Invoice Total Rental $365.00 $365.00 5730.00 Detach Here and Return with Payment Due Date Amount Due Bill Number 05/01/2022 $730.00 8421646 Past due bills are subject to a $25.00 administrative and handling fee plus interest at the rate allowable by law. In order to avoid these fees, payment must reach us by the due date. Please allow 7-10 days for postal delivery. Page 55 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.4. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Michael Criddle, Public Services Director 3/22/2023 Purchase of By -Pass Bridge Pipe BACKGROUND: Okaloosa County is constructing the SW Crestview By -Pass, connecting Antioch Road to Hwy 90. Part of that construction project (Phase V) is a 1700' bridge over the railroad and a wetland area. HDR Engineering is designing this bridge. The City is working with HDR and Jacobs Engineering to design pipe hangers and piping to allow the municipal utilities to traverse this bridge. The design and installation of the hangers must be done while the bridge is being built, as a later retrofit is not possible. DISCUSSION: To accommodate the expected growth along the SW Crestview By -Pass, the City will install utilities, including water, sewer, and reuse water. To meet the construction schedule for the county and HDR, materials for the bridge piping were required to be purchased and available ahead of the bridge build timeline. The necessary pipes are as follows: * 1700' - 16" ductile iron pipe for domestic water and fire protection * 1700' - 12" ductile iron pipe for wastewater (sewer) * 1700' - 8" ductile iron pipe for reuse water (irrigation purposes) To ensure the availability of the pipes, the order was placed as soon as the pipes were located and the funding source was identified. Staff requests City Council approval of the purchase after the fact by the emergency purchase sections of the Purchasing Policy. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Opportunity- Promote an environment that encourages economic and educational opportunity Page 56 of 767 FINANCIAL IMPACT The total cost for all the ductile iron pipes required for the bridge crossing is $459,527.00. Funding is currently available in the Capital Improvements Fund Water Division account #332.1633.533.63.00. RECOMMENDED ACTION Staff respectfully requests approval of this expenditure. Attachments 1. Consolidated Pipe Bridge Quote 03-09-23 2. Ferguson Bridge Pipe Quote - Final Quote 03-09-23 3. Quote Comparison Form - Bridge Pipes Page 57 of 767 CONSOLIDATED PIPE AND SUPPLY C O ., INC. CUSTOMER QUOTE 3100 MCCORMICK STREET Quote Nbr: 345772 000 Page 1 PENSACOLA FL 32514 Quote Date: 3/08/2023 0018 - PETE DIMARIO Job: BRIDHE CROSSING PIPE PHONE 850-476-1122 FAX 850-476-1126 Engineer: CITY OF CRESTVIEW SPEC Bid Date: 3/08/2023 751928 - CRESTVIEW CITY OF P 0 BOX 1209 Good Until: 4/30/2023 CRESTVIEW FL 32536 Qty Size/Wail/Description. Price Extended Price 1700.0 1700.0 8 CL/TC CL350 DI RJ TR FLEX PIPE FOR WATER LINE 12 TR FLEX CL350 401 LINED PIPE FOR SEWER 1700.0 16 CL/TC CL350 DI RJ TR FLEX PIPE FOR WATER 16" PIPE END OF MAY 12" PIPE SEPTEMBER 8 PIPE SEPTEMBER 46.35 FT 78,795.00 106.95 FT 181,815.00 119.56 FT 203,252.00 Total: 463,862.00 Page 58 of 767 0 FERGUSON® 8813 GROW DRIVE WATERWORKS #335 WATERWORKS PENSACOLA, FL 32514 Deliver To: From: Hunter Goul Comments: Phone: 850-474-0999 Fax: 850-484-7951 14:37:31 MAR 09 2023 Bid No: B376301 Bid Date: 03/02/23 Quoted By: HG Customer: CITY OF CRESTVIEW PO BOX 1209 ACCOUNTS PAYABLE CRESTVIEW, FL 32536 Cust PO#: RFQ 3.2 FERGUSON WATERWORKS #1204 Price Quotation Phone: 850-474-0999 Fax: 850-484-7951 Cust Phone: 850-682-6132 Terms: NET 10TH PROX Ship To: CITY OF CRESTVIEW PO BOX 1209 ACCOUNTS PAYABLE CRESTVIEW, FL 32536 Job Name: CITY OF CRESTVIEW Page 1 of 1 Item Description Quantity Net Price UM Total AFR350PX AFR350PP412 AFR350P16 8 CL350 CL DI FLEX RNG PIPE 12 CL350 P-401 DI FLEX RNG PIPE 16 CL350 CL DI FLEX RNG PIPE 1700 45.940 FT 1700 105.800 FT 1700 118.570 FT 78098.00 179860.00 201569.00 Net Total: Tax: Freight: Total: $459527.00 $0.00 $0.00 $459527.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. COVID-19 ORDER: ANY REFERENCE TO OR INCORPORATION OF EXECUTIVE ORDER 14042 AND/OR THE EO-IMPLEMENTING FEDERAL CLAUSES (FAR 52.223-99 AND/OR DFARS 252.223-7999) IS EXPRESSLY REJECTED BY SELLER AND SHALL NOT APPLY AS SELLER IS A MATERIALS SUPPLIER AND THEREFORE EXEMPT UNDER THE EXECUTIVE ORDER. HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1204&on=27236 Page 59 of 767 City of Crestview Quote Comparison Form Requisition No. \ Date: 3/9/23 Name Carlos Jones Dept: Public Services Item/Service Requested: ByPass Bridge Water & Sewer Utility Pipe Quote 1 Company Ferguson Vendor No. Quote $459,527.00 mail _telephone _fax email other Quote 2 Company Consolidated Pipe & Supply Vendor No. Quote $463,862.00 mail telephone fax_email other Quote 3 CompanyCore & Main *Unable to quote Vendor No. Quote mail telephone_fax _email other Contact Hunter Goul Phone No. (850) 474-0999 Contact Pete Dimario Phone No. (850) 476-1122 Contact Phone No. I hereby affirm that the above quotes have been sought and conform in every respect with the requirements of the City's Purchasing Manual. Department Head n9)-1M-5(5•Co--(30 L4boI o1-0 Page 60 of 767 CITY OF CRESTVIEW Item # 7.1. Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Second reading TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner 3/16/2023 Ordinance 1919 - James Lee Blvd E Comprehensive Plan Amendment BACKGROUND: On January 11, 2023, staff received an application to amend the comprehensive plan and zoning designations for property located at 1299 James Lee Boulevard East. The subject property is currently located inside the city limits of Crestview with a future land use and zoning designation of Commercial (C) and Commercial High -Intensity District (C-2), respectively. The application requests the Residential (R) future land use designation for the property. The Planning and Development Board recommended approval of the request on March 6, 2023 and the first reading was approved by the City Council on March 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: Harvest Ministries International C/O William Franklin PO Box 688 Crestview, FL 32536 16-3N-23-0000-0013-0000 42.82 acres Commercial (C) Commercial High -Intensity District (C-2) Church The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Mixed Use (MU) & Commercial (C) Mixed Use (MU) & Commercial High -Intensity District (C-2) Vacant East Okaloosa County Low Density Residential Okaloosa County Residential -1 Vacant South Okaloosa County Low Density Residential, Mixed Use (MU) & Okaloosa County Residential -1, Single -Family Medium -Density Vacant, Residential & Commercial Page 61 of 767 Residential (R) Dwelling District (R-2), Mixed Use (MU) & Commercial Low - Intensity District (C-1) West Mixed Use (MU) & Commercial (C) Mixed Use (MU) & Commercial High -Intensity District (C-2) Vacant The subject property is currently developed for commercial use and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for residential use. Staff reviewed the request for a comprehensive plan amendment and finds the following: The proposed future land use map designation is compatible with the surrounding area. The proposed future land use map designation is consistent with the city's comprehensive plan and land development code. The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site - specific small-scale development. The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on February 13, 2023. An advertisement ran in the Crestview News Bulletin on February 23, 2023. Staff did receive written correspondence from the Lakes Largo Homeowner's Association regarding the rezoning component of this request, and it has been included for your reference and consideration. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational — these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability — Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency — To efficiently & effectively provide the highest quality of public services. Quality of Life — these six areas focus on the overall experience when provided by the city. Community Character — Promote desirable growth with a hometown atmosphere. Opportunity — Promote an environment that encourages economic and educational opportunity. Community Culture — Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment were $2,500.00. The cost of advertising was $231.00. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1919 on second reading. Attachments Page 62 of 767 1. Exhibit Packet 2. Planning & Zoning Mtg 6 Mar 2023 Page 63 of 767 ORDINANCE: 1919 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM COMMERCIAL (C) TO RESIDENTIAL (R) ON APPROXIMATELY 42.82 ACRES, MORE OR LESS, IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 — FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Commercial (C) to Residential (R) on a parcel of land containing 42.82 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 — PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 — FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 42.82 acres of land, more or less, from Commercial (C) to Residential (R). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 42.82 acres, more or less, is known as Parcel 16-3N-23-0000-0013-0000 and commonly described as: A PORTION OF LANDS LYING IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, ALSO BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3178, PAGE 3925 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, WITH THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF PURL ADAMS AVENUE, SAID POINT ALSO BEING THE NORTHWEST Page 64 of 767 CORNER OF FAIR OAKS SUBDIVISION UNIT 1, A MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 95 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF PURL ADAMS AVENUE AND THE NORTHERLY BOUNDARY OF FAIR OAKS SUBDIVISION UNIT 1, EAST, 124.97 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY AND ALONG THE NORTHERLY BOUNDARY OF FAIR OAKS SUBDIVISION UNIT 1, S 48°38'03" E, 305.89 FEET TO THE NORTHEAST CORNER OF FAIR OAKS SUBDIVISION UNIT 1 AND THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE CONTINUE ALONG THE NORTHERLY BOUNDARY OF SAID LANDS, S 48°38'03" E, 31.89 FEET; THENCE S 69°13'21" E, 59.63 FEET; THENCE S 72°49'40" E, 145.16 FEET; THENCE S 81°51'43" E, 125.13 FEET TO THE NORTHEAST CORNER OF SAID LANDS, LYING ON THE WESTERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LANDS AND SAID RIGHT-OF-WAY BOUNDARY, S 12°14'37" W, 214.67 FEET TO THE SOUTHWEST CORNER OF VICTORY LANE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE, S 74°50'54" E, 66.09 FEET TO THE SOUTHEAST CORNER OF VICTORY LANE, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845; THENCE LEAVING THE SOUTHERLY RIGHT-OF- WAY BOUNDARY OF VICTORY LANE, ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 13°05'07" E, 277.12 FEET TO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, N 77°11 '53" E, 250.21 FEET TO A FOUND IRON ROD (NO ID) MARKING THE SOUTHEAST CORNER OF SAID LANDS, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 11°13'42" E, 63.73 FEET TO A FOUND IRON ROD AND CAP (NO ID) MARKING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753 AND THE SOUTHWEST CORNER OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592 FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING AND ALONG THE SOUTHEASTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592, N 50°31'32" E, 76.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°22'18" E, 121.71 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°05'41" E, 219.51 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 17°02'00" E, 199.54 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 34°17'24" E, 122.53 FEET TO A FOUND IRON ROD (NO ID) MARKING THE EASTERNMOST CORNER OF SAID LANDS; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W, 542.55 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHEAST CORNER OF SAID LANDS AND THE SOUTHEAST CORNER OF LANDS DESCRIBED AS PARCEL 1 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE CONTINUE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W, 245.78 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHEAST CORNER OF SAID LANDS AND LYING ON THE SOUTHERLY RIGHT-OF- WAY BOUNDARY OF STATE ROAD #10 (US HIGHWAY #90); THENCE ALONG SAID RIGHT-OF-WAY BOUNDARY, S 75°32'04" E, 81.29 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3158, PAGE 2357; THENCE LEAVING SAID RIGHT-OF- WAY BOUNDARY AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, Page 65 of 767 S 27°56'31" E, 733.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245) MARKING THE SOUTHERNMOST CORNER OF SAID LANDS; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID LANDS, S 69°35'42" E, 546.25 FEET TO A SET IRON ROD AND CAP (LB#7245); THENCE S 81°14'13" E, 605.46 FEET TO A SET IRON ROD AND CAP (LB#7245) LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2519, PAGE 3851; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3014, PAGE 1407, OFFICIAL RECORDS BOOK 3367, PAGE 3606, OFFICIAL RECORDS BOOK 3652, PAGE 1595, AND OFFICIAL RECORDS BOOK 3652, PAGE 1600, S 02°05'19" W, 1480.72 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3652, PAGE 1600 AND LYING ON THE NORTHEASTERLY RIGHT-OF-WAY BOUNDARY OF THE CSX RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY BOUNDARY, N 61°15'55" W, 2234.47 FEET TO A FOUND IRON ROD AND CAP (LB#5024) LYING ON THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE LEAVING SAID NORTHEASTERLY RIGHT- OF-WAY BOUNDARY AND ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, S 88°57'59" E, 171.91 FEET TO A FOUND IRON ROD AND CAP (LB#5024); THENCE N 83°43'35" E, 174.16 FEET TO A FOUND IRON ROD AND CAP (NO ID); THENCE N 50°30'51" E, 99.04 FEET TO THE POINT OF BEGINNING; CONTAINING 42.82 ACRES, MORE OR LESS. The Residential (R) Future Land Use Category is hereby imposed on Parcel 16-3N-23-0000-0013-0000. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 16-3N-23-0000-0013-0000 thereon. SECTION 5 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 7 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 — EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to § 163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of March, 2023. Page 66 of 767 ATTEST: Maryanne Schrader City Clerk Approved by me this 27th day of March, 2023. J. B. Whitten Mayor Page 67 of 767 L9L 3O 89 abed =ES(E= —lir Adopted Future Land Use LVDE JoES(EE B( yQ E c. o N TAIGPINES I ST % 1 LLi "' A II1 / PURL ADAMS AVE pc 0 200 400 Feet S.:- V". v r )7 C, '°o � Legend Subject Parcel Q City Limits p r, 9 --.. .__________y City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) HFfTaGT O County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use )MU) Ale S4Q o ce q OFRS4VF �� z 1-14 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFRMATN PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT UAD 1983 EE PLANE, NORTH ZONE I_ r U.S . SURVEY FEET --Ni � TAL � till icinit Y Ma p �' ilik N oo � ■ _ ■1 11 II 1111 . Not to Scale iv Priv e. , a 0/ES,�,EE, J �♦ , �� AMES LIEERVD ... 1 ��♦ 11III ♦ .1:k E JQMEs, ; .♦♦•♦ O ♦_ IN ita. 1 1111.4V \ .. Kim Alik. .... rap - MI . --. Li Subject Parcel(s)rill o o W N. 4%1 — , 1 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY I OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET ID -Inn c o of 7C.7 PURL ADAMS TALL.t I AVE 1NES,ST I8U , DAMES NENDERSON IEEBIVD E DR Existing Use N 0 200 400 Feet T v 7, Legend O tr,7O -' Subject Parcel M=City Limits NEwPDRTDR, Existing Use L Centrally Churches County Federal It Improved A Olib Light Manufacturing Manufactured Home Mobile Home r+ 9 Municipal 2 Private School 0 Res Common Single Family F(yf, *0,,, F Stores Timberland Vacant Vacant Commercial ♦ .' 1-- 1 Vacant/Residential Qc Warehouse S4 � q` Z 1111 JgMESLEEBIVDE Current Future Land JgMESicEBCVDE TALL PINES:ST 0 o ce Wo A Z Use PURL ADAMS AVE 0 200 400 w I Feet a — —1 y, v-, p ce xi— O #F *,o0 Legend Subject Parcel �O�P M City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) a Conservation (CON) rrk Public Lands (PL) 0 Residential (R) r., v o County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) .CyFSr�U�q S,q Q = OF�SA z o ce LU PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z Lu OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I IJ I r U.S. SURVEY FEET D-nnn 71 of 7C.7 I I TALL-PINES:ST JA MESEEBIVDE ce JAMES SEE BLVD E o ce oA M Current Zoning N 0 200 400 PURL ADAMS AVE T Feet � ). — - y Legend p - Subject � 1-., [ % M City Limits '60 City Zoning f 4'/* Single Family Estate Dwelling District (R- 1E) Single Family Low Density District (R-1) Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District Q Mixed Use (MU) lTo Commercial (C-1) Commercial (C-2) 0 Industrial (IN) Public Lands (P) \ `2 Conservation (E) ,'14 1 � O II County Zoning Residential -1 (R-1) Mixed Use (MU) 'General Commercial (C-3) TN Ul * *' q`F W p Illi 1*i/ N�F)q 0 00MMUNITY o II PREPARED BY CITY OF CRESTVIEW DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY Z OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE LANE, NORTH ZONE 11 r U.S.SURVEY FEET D -nn 7') r -f 7C.7 mAiESLEEBIVDE Proposed Future Land Use JAMES ICE BLVD E TALL PINES:ST —fig ce 0 o Z Lu N A PURL ADAMS AVE n 0 200 400 — -- Feet 0 xi— 0 k.,, F*AO -mo Legend Subject Parcel M City Limits City Future Land Use Commercial (C) O l Industrial (IN) r, rrk Mixed Use (MU) vo r Conservation (CON) 9 Public Lands (PL) O Residential (R) CyFfr� Ug'F County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) 0' S,q Q OF�SA = `=' o ce PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I IJ I r U.S. SURVEY FEET D'nnn 7'2 of 7C.7 I F MEsicEBIVDE JA TALL PINES:ST JgMEs LEEBIVD E 0 o oA z W Proposed Zoning N 0 200 400 PURL ADAMS AVE T Feet D — V v -, y, o xi_ o; L,, #6,_ Legend - Subject Parcel O MECity Limits City Zoning Single Family Estate Dwelling District (R -1E) Single Family Low Density District (R-1) Single Family Medium Density District (R-2) O l Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) V° \ 9 Commercial (C-1) - Commercial (C-2) `2 Industrial (IN) Public Lands (P) Conservation (E) F(y - 4, County Zoning Residential -1 (R-1) Mixed Use (MU) 1 General Commercial (C-3) SqN �Q OF�SA Z o ce PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z LU OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I I r U.S. SURVEY FEET D-nnn 7A of 7C.7 Lakes Largo Homeowners Association (#198000004785) 1 March 2023 5 Del Cerro Camino Crestview, FL 32539 To: Community Development Services Planning and Zoning Division From: Lakes Largo HOA (Parcel # 16 -3N -23-0000-0032-003K) Reference: Notice of Voluntary Annexation/Zoning Change Request (Parcel #16- 3 N-23-0000-0013-0000) The Lakes Largo Homeowners Association owns approximately 29 acres of private Lakes and Damn area lying within the DEL CERRO VISTA S/D and adjacent to the Harvest Ministries parcel. The lakes are spring fed, originating upstream from the Harvest Ministries parcel and flowing down directly into our lake and Mill Creek which eventually deposits into the Shoal River. Multiple private residential properties border the lake located on Del Cerro Camino, Ponce De Leon Rd and Newport Dr in the Del Cerro Vista neighborhood in District 1, Okaloosa County. Many of the properties are 1 acre or larger in size and are designated Property Use Code RES COMMON (000900). As concerned citizens, property owners, and caretakers of this fragile ecosystem already overburdened by unwanted and uncontrolled water runoff from surrounding areas we request the Planning and Development Board consider and address the following concerns prior to approval: -Place priority on preservation and protection of the surrounding environment, and maintaining quality of life for nearby neighborhoods LAKES LARGO HOA 5 DEL CERRO CAMINO CRESTVIEW, FL 32539 Page 75 of 767 - Zoning Density too high/not commensurate with surrounding residential areas - Detrimental effects from potential construction activity to include impacts from contamination, watershed runoff, environmental concerns and pollution - Flooding resulting from over/improper development, failure to control and maintain increased water runoff resulting from development - Inadequate ingress/egress to Hwy 90 contributing to traffic congestion/safety concerns We strongly recommend the City Council address the above concerns, study potential impacts to the environment, significantly reduce the Zoning Density, conduct risk mitigation providing assurance that any/all approved development will provide adequate retention ponds and system of stormwater runoff that does include, contribute to or adversely impact an already overburdened stormwater condition in our community. Sincerely, Mark Lynch Sec/Treasurer Lakes Largo HOA 2 Page 76 of 767 CITY OF CRESTVIEW Item # 7.2. Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Second reading TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner 3/16/2023 Ordinance 1920 - James Lee Blvd E Rezoning BACKGROUND: On January 11, 2023, staff received an application to amend the comprehensive plan and zoning designations for property located at 1299 James Lee Boulevard East. The subject property is currently located inside the city limits of Crestview with a future land use and zoning designation of Commercial (C) and Commercial High -Intensity District (C-2), respectively. The application requests the Single and Multi -Family Density Dwelling District (R-3) zoning designation for the property. The Planning and Development Board recommended approval of the request on March 6, 202 and the first reading was approved by the City Council on March 13, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: Harvest Ministries International C/O William Franklin PO Box 688 Crestview, FL 32536 16-3N-23-0000-0013-0000 42.82 acres Commercial (C) Commercial High -Intensity District (C-2) Church The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Mixed Use (MU) & Commercial (C) Mixed Use (MU) & Commercial High -Intensity District (C-2) Vacant East Okaloosa County Low Density Residential Okaloosa County Residential -1 Vacant Page 77 of 767 South Okaloosa County Low Density Residential, Mixed Use (MU) & Residential (R) Okaloosa County Residential -1, Single -Family Medium -Density Dwelling District (R-2), Mixed Use (MU) & Commercial Low - Intensity District (C-1) Vacant, Residential & Commercial West Mixed Use (MU) & Commercial (C) Mixed Use (MU) & Commercial High -Intensity District (C-2) Vacant The subject property is currently developed for commercial use and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for residential use. Staff reviewed the request for rezoning and finds the following: The proposed zoning is consistent with the proposed future land use designation. The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on February 13, 2023. An advertisement ran in the Crestview News Bulletin on February 23, 2023. Staff did receive written correspondence from the Lakes Largo Homeowner's Association regarding this rezoning, and it has been included for your reference and consideration. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational — these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability — Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency — To efficiently & effectively provide the highest quality of public services. Quality of Life — these six areas focus on the overall experience when provided by the city. Community Character — Promote desirable growth with a hometown atmosphere. Opportunity — Promote an environment that encourages economic and educational opportunity. Community Culture — Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning were $750.00. There is no additional cost of advertising as the rezoning request was included in the advertisement for the comprehensive plan amendment. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1920 on second reading. Attachments 1. Exhibit Packet 2. Planning & Zoning Mtg 6 Mar 2023 Page 78 of 767 ORDINANCE: 1920 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 42.82 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE COMMERCIAL HIGH - INTENSITY DISTRICT (C-2) ZONING DISTRICT TO THE SINGLE AND MULTI -FAMILY DENSITY DWELLING DISTRICT (R-3) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 — PROPERTY REZONED. The following described 42.82 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 42.82 acres, more or less, being formerly zoned Commercial High -Intensity District (C-2) with the Residential (R) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1919, is hereby rezoned to Single and Multi -Family Density Dwelling District (R-3) to wit: PIN # 16-3N-23-0000-0013-0000 A PORTION OF LANDS LYING IN SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, ALSO BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3178, PAGE 3925 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, WITH THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF PURL ADAMS AVENUE, SAID POINT ALSO BEING THE NORTHWEST CORNER OF FAIR OAKS SUBDIVISION UNIT 1, A MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 95 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF PURL ADAMS AVENUE AND THE NORTHERLY BOUNDARY OF FAIR OAKS SUBDIVISION UNIT 1, EAST, 124.97 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY AND ALONG THE NORTHERLY BOUNDARY OF FAIR OAKS SUBDIVISION UNIT 1, S 48°38'03" E, 305.89 FEET TO THE NORTHEAST CORNER OF FAIR OAKS SUBDIVISION UNIT 1 AND THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE CONTINUE ALONG THE NORTHERLY BOUNDARY OF SAID LANDS, S 48°38'03" E, 31.89 FEET; THENCE S 69°13'21" E, 59.63 FEET; THENCE S 72°49'40" E, 145.16 FEET; THENCE S 81°51'43" E, 125.13 FEET TO THE NORTHEAST CORNER OF SAID LANDS, LYING ON THE WESTERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LANDS AND SAID RIGHT-OF-WAY Page 79 of 767 BOUNDARY, S 12°14'37" W, 214.67 FEET TO THE SOUTHWEST CORNER OF VICTORY LANE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF VICTORY LANE, S 74°50'54" E, 66.09 FEET TO THE SOUTHEAST CORNER OF VICTORY LANE, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845; THENCE LEAVING THE SOUTHERLY RIGHT-OF- WAY BOUNDARY OF VICTORY LANE, ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 13°05'07" E, 277.12 FEET TO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2046, PAGE 845; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, N 77°11 '53" E, 250.21 FEET TO A FOUND IRON ROD (NO ID) MARKING THE SOUTHEAST CORNER OF SAID LANDS, LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753, S 11°13'42" E, 63.73 FEET TO A FOUND IRON ROD AND CAP (NO ID) MARKING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753 AND THE SOUTHWEST CORNER OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592 FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING AND ALONG THE SOUTHEASTERLY BOUNDARY OF LANDS DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 3629, PAGE 592, N 50°31'32" E, 76.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°22'18" E, 121.71 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 45°05'41" E, 219.51 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 17°02'00" E, 199.54 FEET TO A FOUND IRON ROD AND CAP (LB#7245); THENCE N 34°17'24" E, 122.53 FEET TO A FOUND IRON ROD (NO ID) MARKING THE EASTERNMOST CORNER OF SAID LANDS; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W, 542.55 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHEAST CORNER OF SAID LANDS AND THE SOUTHEAST CORNER OF LANDS DESCRIBED AS PARCEL 1 IN OFFICIAL RECORDS BOOK 3629, PAGE 592; THENCE CONTINUE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LANDS, N 27°56'31" W, 245.78 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHEAST CORNER OF SAID LANDS AND LYING ON THE SOUTHERLY RIGHT-OF- WAY BOUNDARY OF STATE ROAD #10 (US HIGHWAY #90); THENCE ALONG SAID RIGHT-OF-WAY BOUNDARY, S 75°32'04" E, 81.29 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3158, PAGE 2357; THENCE LEAVING SAID RIGHT-OF- WAY BOUNDARY AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, S 27°56'31" E, 733.36 FEET TO A FOUND IRON ROD AND CAP (LB#7245) MARKING THE SOUTHERNMOST CORNER OF SAID LANDS; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID LANDS, S 69°35'42" E, 546.25 FEET TO A SET IRON ROD AND CAP (LB#7245); THENCE S 81°14'13" E, 605.46 FEET TO A SET IRON ROD AND CAP (LB#7245) LYING ON THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2519, PAGE 3851; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LANDS AND THE WESTERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3014, PAGE 1407, OFFICIAL RECORDS BOOK 3367, PAGE 3606, OFFICIAL RECORDS BOOK 3652, PAGE 1595, AND OFFICIAL RECORDS BOOK 3652, PAGE 1600, S 02°05'19" W, 1480.72 FEET TO A FOUND CONCRETE MONUMENT (NO ID) MARKING THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3652, PAGE 1600 AND LYING ON THE NORTHEASTERLY RIGHT-OF-WAY BOUNDARY OF THE CSX RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY BOUNDARY, N 61°15'55" W, 2234.47 FEET TO A FOUND IRON ROD AND CAP (LB#5024) Page 80 of 767 LYING ON THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2824, PAGE 3753; THENCE LEAVING SAID NORTHEASTERLY RIGHT- OF-WAY BOUNDARY AND ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS, S 88°57'59" E, 171.91 FEET TO A FOUND IRON ROD AND CAP (LB#5024); THENCE N 83°43'35" E, 174.16 FEET TO A FOUND IRON ROD AND CAP (NO ID); THENCE N 50°30'51" E, 99.04 FEET TO THE POINT OF BEGINNING; CONTAINING 42.82 ACRES, MORE OR LESS. SECTION 3 — MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. SECTION 4 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1919 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 27th day of March, 2023. ATTEST: Maryanne Schrader City Clerk Approved by me this 27th day of March, 2023. J. B. Whitten Mayor Page 81 of 767 L9L O Z9 e6ed JQMfS o ce Adopted Zoning "I ci -�ra BL E lL P1NESST = —�J JAh1fSLf N II/DE Alik PURL_ ADAMS AVE 0 200 400 Feet _ z C I1 ,. t ��0 Legend �2' O. Sabjee Parcel O City Limits City Zoning Single Family Estate Dwelling District (R -1E) Single Fa mily Low Density District (R-1) Single Fa mily Medium Density District 2) Single and Multi -Fa mily Dwelling District (R-3) C, Mixed Use Commercial (C-1) re, .13 r"` Commercial ((-2} Industrial it Public Lands (P) p Conservation t�(y� STNU 410111.„,,,,,„„i_ County Zaning Residential -1 (R-1) Mixed Use General Co mmercial ((-3) q11' ... .... ..„<OKALOOSA PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY COUNTY GIS DEPARTMENT NAD 1963 STATE PLANE, NORTH ZONE U.S . SURVEY FEET --Ni � TAL � till icinit Y Ma p �' ilik N oo � ■ _ ■1 11 II 1111 . Not to Scale iv Priv e. , a 0/ES,�,EE, J �♦ , �� AMES LIEERVD ... 1 ��♦ 11III ♦ .1:k E JQMEs, ; .♦♦•♦ O ♦_ IN ita. 1 1111.4V \ .. Kim Alik. .... rap - MI . --. Li Subject Parcel(s)rill o o W N. 4%1 — , 1 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY I OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET ID -.nn R'2 rnf 7C.7 PURL ADAMS TALL.t I AVE 1NES,ST I8U , DAMES NENDERSON IEEBIVD E DR Existing Use N 0 200 400 Feet T v 7, Legend O tr,7O -' Subject Parcel M=City Limits NEwPDRTDR, Existing Use L Centrally Churches County Federal It Improved A Olib Light Manufacturing Manufactured Home Mobile Home r+ 9 Municipal 2 Private School 0 Res Common ' Single Family 1 F(yf, *0,,, ilikF Stores Timberland Vacant Vacant Commercial ♦ .' 1-- 1 Vacant/Residential Qc Warehouse S4 � q` Z 1111 Dnnn Qn .,f 7 L 7 JgMESLEEBIVDE Current Future Land JgMESicEBCVDE TALL PINES:ST 0 o ce Wo A Z Use PURL ADAMS AVE 0 200 400 w I Feet a — —1 y, v-, p ce xi— O #F *,o0 Legend Subject Parcel �O�P M City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) a Conservation (CON) rrk Public Lands (PL) 0 Residential (R) r., v o County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) .CyFSr�U�q S,q Q = OF�SA z o ce LU PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z Lu OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I IJ I r U.S. SURVEY FEET D-nnn 5:2 I ,.f 7C.7 I I TALL-PINES:ST JA MESEEBIVDE ce JAMES SEE BLVD E o ce oA M Current Zoning N 0 200 400 PURL ADAMS AVE T Feet � ). — - y Legend p - Subject � 1-., [ % M City Limits '60 City Zoning f 4'/* Single Family Estate Dwelling District (R- 1E) Single Family Low Density District (R-1) Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District Q Mixed Use (MU) lTo Commercial (C-1) Commercial (C-2) 0 Industrial (IN) Public Lands (P) \ `2 Conservation (E) ,'14 1 � O II County Zoning Residential -1 (R-1) Mixed Use (MU) 'General Commercial (C-3) TN Ul * *' q`F W p Illi 1*i/ N�F'q 0 00MMUNITY o II PREPARED BY CITY OF CRESTVIEW DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY Z OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE LANE, NORTH ZONE 11 r U.S.SURVEY FEET ID -nn RP of 7C.7 mAiESLEEBIVDE Proposed Future Land Use JAMES ICE BLVD E TALL PINES:ST —fig ce 0 o Z Lu N A PURL ADAMS AVE n 0 200 400 — -- Feet 0 xi— 0 k.,, F*AO -mo Legend Subject Parcel M City Limits City Future Land Use Commercial (C) O l Industrial (IN) r, rrk Mixed Use (MU) vo r Conservation (CON) 9 Public Lands (PL) O Residential (R) CyFfr� Ug'F County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) 0' S,q Q OF�SA = `=' o ce PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I IJ I r U.S. SURVEY FEET D-nnn A7 of 7C.7 I F MEsicEBIVDE JA TALL PINES:ST JgMEs LEEBIVD E 0 o oA z W Proposed Zoning N 0 200 400 PURL ADAMS AVE T Feet D — V v -, y, o xi_ o; L,, #6,_ Legend - Subject Parcel O MECity Limits City Zoning Single Family Estate Dwelling District (R -1E) Single Family Low Density District (R-1) Single Family Medium Density District (R-2) O l Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) V° \ 9 Commercial (C-1) - Commercial (C-2) `2 Industrial (IN) Public Lands (P) Conservation (E) F(y - 4, County Zoning Residential -1 (R-1) Mixed Use (MU) 1 General Commercial (C-3) SqN �Q OF�SA Z o ce PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL PROVIDED BY z LU OKALOOSA CCOUNTYONGIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE I I r U.S. SURVEY FEET D-nnn PQ of 7C.7 Lakes Largo Homeowners Association (#198000004785) 1 March 2023 5 Del Cerro Camino Crestview, FL 32539 To: Community Development Services Planning and Zoning Division From: Lakes Largo HOA (Parcel # 16 -3N -23-0000-0032-003K) Reference: Notice of Voluntary Annexation/Zoning Change Request (Parcel #16- 3 N-23-0000-0013-0000) The Lakes Largo Homeowners Association owns approximately 29 acres of private Lakes and Damn area lying within the DEL CERRO VISTA S/D and adjacent to the Harvest Ministries parcel. The lakes are spring fed, originating upstream from the Harvest Ministries parcel and flowing down directly into our lake and Mill Creek which eventually deposits into the Shoal River. Multiple private residential properties border the lake located on Del Cerro Camino, Ponce De Leon Rd and Newport Dr in the Del Cerro Vista neighborhood in District 1, Okaloosa County. Many of the properties are 1 acre or larger in size and are designated Property Use Code RES COMMON (000900). As concerned citizens, property owners, and caretakers of this fragile ecosystem already overburdened by unwanted and uncontrolled water runoff from surrounding areas we request the Planning and Development Board consider and address the following concerns prior to approval: -Place priority on preservation and protection of the surrounding environment, and maintaining quality of life for nearby neighborhoods LAKES LARGO HOA 5 DEL CERRO CAMINO CRESTVIEW, FL 32539 Page 89 of 767 - Zoning Density too high/not commensurate with surrounding residential areas - Detrimental effects from potential construction activity to include impacts from contamination, watershed runoff, environmental concerns and pollution - Flooding resulting from over/improper development, failure to control and maintain increased water runoff resulting from development - Inadequate ingress/egress to Hwy 90 contributing to traffic congestion/safety concerns We strongly recommend the City Council address the above concerns, study potential impacts to the environment, significantly reduce the Zoning Density, conduct risk mitigation providing assurance that any/all approved development will provide adequate retention ponds and system of stormwater runoff that does include, contribute to or adversely impact an already overburdened stormwater condition in our community. Sincerely, Mark Lynch Sec/Treasurer Lakes Largo HOA 2 Page 90 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Second reading Item # 7.3. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader, City Clerk, Natasha Peacock, Deputy City Clerk 3/22/2023 Ordinance 1921 - Designating the Official Seal of the City of Crestview BACKGROUND: In researching the City Charter and Code of Ordinances, I was unable to locate any documentation or legislation officially designating the Official Seal for the City of Crestview or safeguarding its use. DISCUSSION: The purpose of this Ordinance is to designate an official municipal seal to be affixed on all official actions or documents of the City and to identify and authenticate documents. City Attorney Jonathan Holloway has reviewed the ordinance. City Manager Tim Bolduc initially asked me to research whether we had a service mark for our city logo. I have since applied for a service mark for the city logo and am awaiting a response from the Florida Department of State. The ordinance designating the city seal is just the next step in the process. This step underlines our goals and objectives that reinforces our Community Culture in developing our identity. Ordinance 1921 was approved by City Council on March 13th and will be published no later than March 16, 2023 for consideration of adoption on March 27, 2023 in compliance with Fla. Stat. 166.041(3)(a). GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Page 91 of 767 Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to adopt Ordinance 1921 on Second Reading. Attachments 1. Ordinance 1921 - City Seal Designation Page 92 of 767 ORDINANCE: 1921 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA DESIGNATING THE OFFICIAL SEAL OF THE CITY OF CRESTVIEW; PROVIDING FOR PENALTIES FOR UNAUTHORIZED USE; STANDARDS FOR PUBLIC USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FORAN EFFECTIVE DATE WHEREAS, in accordance with Florida Statutes, section 165.043, which provides that a municipality may by Ordinance designate an official municipal seal to be affixed on all official actions or documents of the City and to identify and authenticate documents; and, WHEREAS, the current corporate municipal seal has been in use for decades and the City Council wishes to designate its corporate seal as an official municipal corporate seal pursuant to section 165.043, which provides for adoption of the municipal seal by Ordinance; and, WHEREAS, Florida Statute, Section 165.043 further provides that a seal so adopted shall be entitled to the protections afforded by that statute, including that the unauthorized use of the seal constitutes a misdemeanor of the second degree; and, WHEREAS, the City Council of the City of Crestview finds that the seal of the City is an important representation of the unique characteristics of the City of Crestview, and that the seal should be protected as a matter of intellectual property to the fullest extent allowed by law, such that the general public may rely upon the display or representation of the municipal corporate seal as the official corporate municipal seal of the City; and, WHEREAS, the City Council of the City of Crestview finds that regulating and prohibiting the unauthorized use of the City's designated seal serves an important municipal purpose. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF CRESTVIEW, FLORIDA: Section 1. Official Corporate Municipal Seal: The following specimen seal of the City of CRESTVIEW is hereby adopted and designated as the official corporate seal of the City of Crestview, Florida: Section 2. Affixation of Seal: Wherever it shall be necessary for an official seal of the City of Crestview, Florida to be affixed to contracts, deeds, or other documents, the City Clerk shall affix the official seal to such contract, deed, or other document. Section 3. Custodian of the City Seal: The City Clerk shall be the custodian of the City of Crestview corporate municipal seal and shall be authorized to affix the seal when required. Upon written notice by the City Clerk, the Deputy City Clerk or other designee is authorized by law to affix the city seal. Section 4. Severability: Should the provisions of this Ordinance be declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part. Section 5. Effective Date: This Ordinance shall be effective upon final adoption. Page 93 of 767 Passed and adopted by the City Council of Crestview, Florida on the _ day of 2023. Approved this _ day of 2023. J. B. Whitten, Mayor ATTEST: Maryanne Schrader, City Clerk Page 94 of 767 CITY OF CRESTVIEW ORDINANCE 1921 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA DESIGNATING THE OFFICIAL SEAL OF THE CITY; PROVIDING FOR PENALTIES FOR UNAUTHORIZED USE; STANDARDS FOR PUBLIC USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in accordance with Florida Statutes, section 165.043, which provides that a municipality may by Ordinance designate an official municipal seal to be affixed on all official actions or documents of the City and to identify and authenticate documents; and, WHEREAS, the current corporate municipal seal has been in use for decades and the City Council wishes to designate its corporate seal as an official municipal corporate seal pursuant to section 165.043, which provides for adoption of the municipal seal by Ordinance; and, WHEREAS, Florida Statute, Section 165.043 further provides that a seal so adopted shall be entitled to the protections afforded by that statute, including that the unauthorized use of the seal constitutes a misdemeanor of the second degree; and, WHEREAS, the City Council of the City of Crestview finds that the seal of the City is an important representation of the unique characteristics of the City of Crestview, and that the seal should be protected as a matter of intellectual property to the fullest extent allowed by law, such that the general public may rely upon the display or representation of the municipal corporate seal as the official corporate municipal seal of the City; and, WHEREAS, the City Council of the City of Crestview finds that regulating and prohibiting the unauthorized use of the City's designated seal serves an important municipal purpose. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF CRESTVIEW, FLORIDA: Section 1. Official Corporate Municipal Seal: The following specimen seal of the City of CRESTVIEW is hereby adopted and designated as the official corporate seal of the City of Crestview, Florida: Page 95 of 767 Section 2. Affixation of Seal: Wherever it shall be necessary for an official seal of the City of Crestview, Florida to be affixed to contracts, deeds, or other documents, the City Clerk shall affix the official seal to such contract, deed, or other document. Section 3. Custodian of the City Seal: The City Clerk shall be the custodian of the City of Crestview corporate municipal seal and shall be authorized to affix the seal when required. Upon written notice by the City Clerk, the Deputy City Clerk or other designee is authorized by law to affix the city seal. Section 4. Severability: Should the provisions of this Ordinance be declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part. Section 5. Effective Date: This Ordinance shall be effective upon final adoption. Passed and adopted by the City Council of Crestview, Florida on the 27th day of March 2023. Approved this 27th day of March 2023. J. B. Whitten, Mayor ATTEST: Maryanne Schrader, City Clerk Page 96 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Action Item Item # 10.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jerry Whitten, Mayor 3/16/2023 Appointment of Mayor Pro-Tempore BACKGROUND: Per the Charter, the City Council shall select from among its members a Mayor Pro-Tempore. The Mayor Pro- Tempore shall serve in the absence or disability of the mayor, preside over the meetings of the City Council and perform all the duties and exercise all authority of the mayor. The Mayor Pro-Tempore shall retain all voting privileges of an elected member of the City Council. DISCUSSION: Appointment of a Council member to serve as the Mayor Pro-Tempore for one year. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A Page 97 of 767 RECOMMENDED ACTION A motion to appoint a Mayor Pro-Tempore to serve for one year beginning April 1, 2023. Attachments None Page 98 of 767 Code Compliance Comparison Maps Page 99 of 767 2019 Foreclosure: 4 Closed: 534 Total Case: 538 2020 Recorded Order: 6 Foreclosure: 6 Closed: 258 Total Case: 270 2021 Recorded Order: 27 Foreclosure: 24 Closed: 507 Total Compliance: 7 Total Case: 568 2022 Active: 49 Closed: 281 Public Hearing: 4 Recorded Order: 47 Total Compliance: 2 Total Case: 383 2023 Active: 52 Public Hearing: 1 Closed: 8 Total Case: 61 Case Status Codes: Foreclosure: Fines exceed propertyvalue Recorded Order: Case has been to public hearing, order has been recorded. Active: Has not been to Public Hearing Closed: Voluntary Compliance Public Hearing: Case has been scheduled for public hearing Total Compliance; Has been to Public Hearing. Fees have been paid; property is compliant. 2023 Cases _ 81 2022 Cases _ 383 2021 Cases - 568 2020 Cases - 270 2019 Cases - 538 Current Cases and Status Legend © Open Case o Public Hearing o Recorded Order O Eligible for Foreclosure Not to Scale Q City Limits Prepared 3120123 Case Data from 3115123 Page 101 of 767 Forclosures and Related Case Status Legend Foreclosure Related Properties, With Fines Related Properties, No Fines City Limits Not to Scale Prepared 3/20/23 REOSTW1E.W! Page 102 of 767 Case # 21-1553 455 Blakely Ave Owner of Record: Carlyle Stevens 743 State Hwy 35 Laurel Hill, FL 32567 Origination Date: 08/24/2021 Origination Code: Proactive Violations: Chapter 38 Section 18 (d) Demolition, (k) Overgrown Vegetation Corrective Action Required: a. Obtain a building peiiiiit to demolish the unsafe structure and remove all demo 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. c. Remove the overgrowth from the property. Notice Sent: 08/30/2021 Signed: 09/01/2021 Compliance Date: 09/10/2021 Inspected: 09/17/2021 Results: In Violation Notice Sent: 09/17/2021 Signed: Returned to Sender Compliance Date: 10/4/2021 Inspected: 10/5/2021 Results: In Violation Public Hearing Notice Sent: 10/11/2021 Signed: Not Received Hearing Date: 11/16/2021 Property remains in violation. Order Recorded: 11/18/2021 Re-recorded with wet stamp 12/13/2022 Hearing fee: $250 Due by 12/17/2021 Daily fine: $250 Start: 12/17/2021 Fines: $105,250 as of February 13, 2023 (not including interest) Property Value: $6,974 Related Properties: Case 23-41 An unpermitted shed exists at this property currently. Property owner is aware that a permit is required, is also aware that Case # 21-553 has been submitted for foreclosure. Page 104 of 767 EXHIBIT 2 CASE # 21-1553 455 BLAKELY AVE TUESDAY, NOVEMBER 16, 2021 Page 105 of 767 BUILDING OFFICIAL STRUCTIIP41 nFTFRMINATW )N CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS (f) WINDOWS • (g)SHUTTERS O (h) EXTERIOR DOORS (1) EXTERIOR DOOR FRAMES AND STOREFRONTS O 0) EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES 455 BLAKELY ;V)--Qa /10oRESSL CA71UdOFVIOlAT1ON O (m) STAIRS • (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS T ? (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) SANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS (u) RODENT HARBORAGE • (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER:. COMMENTS/CORRECTIVE ACTION(S): g+S „k Cam; Orr`, oe f ; kw o� �fr•��i .��tt0lL-: 1� C're,.: � :•r.rcavc 1 f a tor2yorri-7 . 771 c Ipc rJ h Cam` ci f h /0{_ c.-1 I T I were' 71, r te: r-t� -•��-s re2 ..�n 4� 5 -„ .•- t 1 r or - -tf .`ss ✓cc Cz, YVC 111441 o J Sic.i-5c Page 106 of 767 Crestview, Florida, United States 455 Blakely Ave, Crestview, FL 32536, USA. Lat N 30` 44' 51.9288' Long W -86' 34` 15.4524" 26/05/21 11:03 AM ( September 16. 2021 12,11 PMT , �,.: T{ 457 Blakely Ave Crestview FL 32536 •�: November 04, 2021 ❑9:05AM Case ## 21-1553 455 Blakely t. CITY c F CRESTVIEW C®S.iORINI VDEVELOPlfEN7 SERVI(E'%;'FIARTME T OZ.1l3C COMPLIANCE DIVISION roar t.'s a to &rear Proven cxrtdetn, 1•74;2536 ttcswl ddyMRgb eWsentraretsP,JafJCNtAret O DA7E:1Qt11//t021 Cony?. Moen. IC !teat Shay IV :dull Ibis, t 1.±e ' RE: CAS/A21-1311 Deer PmnaryOwner: f N ou sol dl ber 202I.it5:30t.M..there will beaPut e� means ti d+Ieleti of that coition so mint en a. Owner,. Florida pprcel pepegbdglting to Avemm.Criity FL 325M am, rdalatiy described ale FRO 20-3N-23-2390-0011-0120 Lt.CALDESCRIPTION: SULUYANSAbD EV2OF LOTS 11dt12Mail The 3PeFig M power _'e 't'iO a on. Mite op to 5230 prday 'k a feet violate add yp to ira in ms violahre n, a fore, Sot to otad SSA00 parvidatwt, may Magistrate Ends !miaowed. n e a ealth, Wily, 'and wafers,n, or thou:WSW they the oa' emsssestmsWombtbepatbEeh me)ocawa rs,orifd 6ofoblrinisdy. Which rrepaabk r bleinad'e,theSpedelMaIDab.tewanr l& may make .11 reasonable repairs mgared to Wog the papally foto compliance, and charg&vioMorwidtthetwanbkm.tofthetepfdaakinwUhthefasenmostd, -:M ffeetItypnavdyiaprosemait�aems Woes the Special Mag e,itAObeentitledtraoors-all costs incanted idptesecotisgthe carebdidothe Special Magistrate. aadsudscommas,beiml ded tie lief ae9terized todrPS 16209(31 6-ktMeadMeYlwr EXHIBIT # Page 109 of 767 Case # 21-1553 455 Blakely t November 04. 2021 09:52AM 198 N Wilson St Crestview FL 32536 WY OF COMMUNITY CODE COMPLIANCE SERVICES DIVISION 198 Wilson Street Neyrde creaview, n, 31536 0150) 6 83-0896 NO LIC88ARING DAME:14 1!!202 l Cul* Simons 143 Slab Hwy 35 Duet HIIl FL 32367 RE: CA511 I1-2353 Derr P p ty Oweet Yam or &ruby fanneryosirmt Voice Normab* 14 2021, t5Z4f P.M ales efEl bea PEW Heated at CO), HALL locoed 98 Moo Sized Matl ,Oe dview. Amide 32525 ie dos Council twat 71eis moving to bean held 000caaird volition dot =elm le aria en a poredof peopaij bedagmd you Imam! et 455 Edskety Moroi. t7teetriew, FL 3]334 mat* p ricWEwfy dsattad a Pee 2i -3H.23-2394.001 I-0320 X,2GAL Dl[E414Ifl1OH: SUUJVAlrS ADD BL2 OD LOTS i I a 1213[X II The Speuidd kdors rr+ bra do ewer ee ie,y foes via b S250 pa dry. err ■ Ike *Joke* and to b SSOD pr dry (tram/mot .loiaiaa If dm Sani.i Maljitaarr dada IN rioiedep m be arwesebls itt+raeeebbh b =Isms a AM. act to =crud 35.000 prviolrrrc gory be impend. liarictrderi, es nerteeediteo a.sies the riolalce, pormesa :aims therm b rfepoMic !bath rare sod remit" or if V* Iiohaioaie lreap.abls or irreverab►e ID maze, sae spe id ww*eewal man* the lariat soverolmat body, which nay cram all reaeeerl`de rsgrcra emceed b WMthe Porentr sR arepileato sod skorgataeIdoliserwelt theras.vorblacoo ofthe repay sleet udeb lart Vibe Cry pumas iaprwracarina sou. Wool C c sp rdsd lAsolseoe, fl doe Jys aeeldsd o turr+ad amen brourad ialsessoahs the raw bsf nr tx Special 1ilaslages. ierd .teen* tern mory bs lv h dream aethorbni a.MrD316Z09(3). tree rla ta.r m EXHIBIT # 2 Page 110 of 767 'November 16. 2021 09:02AM :}0 457 Blakely Ave Crestview FL 32536 r �. CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 683-0896 Date: August 30, 2021 Case #: 21-1553 CARLYLE STEVENS 743 STATE HWY 35 LAUREL HILL, FL32567 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 455 BLAKELY AVE Tax Identification Number: 20-3N-23-2390-0011-0120 Legal: SULLIVANS ADD E1/2 OF LOTS 11, & 12 BLK 11, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 10,2021 this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Senida Oglesby Code Compliance Officer EXHIBIT # !� Page 112 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001553 'PROPERTY ADDRESS 455 BLAKELY AVE VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 8/24/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in therCity: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting EXHIBIT # Z Page 113 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001553 'PROPERTY ADDRESS 455 BLAKELY AVE CORRECTIVE ACTION REQUIRED : Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 8/24/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # 2 - Page 114 of 767 tiY rq Lrr -o m ci ft) ru Q" 0 0 f` - VS, Postal Sci Vice CERTIFIED? MAIL RECEIPT tDorrlesrr. Mall A^,;y Ni fistrrar7c COVer9 ±£ Pmvul[•di CFFVCIAL L1,S_E cArnige Fia CtsL.n accept Fez. {Endoemma c dr rr PevJ'e#4 Yaw Panigr a Parr * Corm kerns 1, Z and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the bans of the mat1ece, or on the front If space permits. 1. Nicks Addressed to: Cite tyle- 5+eyeni 7 ei 54 -"it. & V a S 40)01'4- ,4 ; �� . FL 3 as"4 11191I1111111111.11321111111111111111111 9402 0303 2. Ankle Number (Thinsferflom service tabu • AmRent • ino* Q POW 0 Addessee D. Is delver), address Meant tom ken 1? If YES, enter delvery address betom p No fipJid Iq 3. &M sV* 0 Ad/Merlin [] Ad.0 altrtahw Re eal*Yd Dy 0 grand MOO CI OrMlid Mill HoshinInd Whey n Celia an Palmy o colect on Celvey r icrsd notary 7009 2250 0003 6504 1851 PS Form 5811; Juy 20120 PSN Domeend Return ReCMtpt [9 Prbvy Mal ErpreesD =mid ItasftbsclReglatamS Mare 0 &iambs* Cemlima on Red Cdivey EXHIBIT # ?� Page 1Th ot 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: September 17, 2021 Case #: 21-00001553 CARLYLE STEVENS 743 STATE HWY 35 LAUREL HILL, FL32567 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 455 BLAKELY AVE Tax Identification Number: 20-3N-23-2390-0011-0120 Legal: SULLIVANS ADD E1/2 OF LOTS 11, dt 12 BLK 11, ff the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by October 04, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the odes and ordinances of the City of Crestview in cases where violations continue to exist. r Jr you have any questions concerning this matter, you may call me at (850) 683-0896. ?Wiltlion/n Lawson ' k. ° Code Compliance Officer 850.306.3702/850.612.9714 cA,1IBIT # ' Page 116 of 767 VIOLATION DETAIL PAGE 1 ,CASE'NUMBER 21-00001553 PROPERTY ADDRESS 455 BLAKELY AVE VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 8/24/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City:' (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting EXHIBIT # 2 - Page 117 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001553 'PROPERTY ADDRESS 455 BLAKELY AVE CORRECTIVE ACTION REQUIRED : Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 8/24/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # 2 Page 118 of 767 City of Crestview City Hall 198 North Wilson Street Crestview, FL 32536 Ak E999 EE'[6 0000 00SE 'tt04 i 11111111 11111111 7011 3500 0000 9133 8663 CARLYLE STEV ENS 743 STATE HWy 35 4, LAUREL I NIXIE LA FL 325 21 PM 1 L 322 DE a 891*.:729/21 RETURN TO SENDER NABLEt3 UNCLAIMED TORWARA `-,r„0--f21 $4*2638.41109.-.210...37 _ _ 3�6 UNC 8C: 3 2 3 3 63 43 698 * Il1IIIII��III..IIIIIIIIIit,IIII'Iluil,9i�01 1@9!-37 I I IIIII I. llnl N EO pOSI e� .;.w5::,.. WI 712021 S004.28_ { ZIP 3 36 041M11297338 Page 119 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 T44bon Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE:10/11 /12021 Carlyle Stevens 743 State Hwy 35 Laurel Hill,,FL 32567 RE: CASE# 21-1553 Dear Property Owner: You are hereby formally notified that on November 16, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 455 Blakely Avenue, Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-2390-0011-0120 LEGAL DESCRIPTION: SULLIVANS ADD E1/2 OF LOTS 11 & 12 BLK 11 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate fords the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. Ifs violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). End: Notice of Violation Page 120 of 767 A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. `" " 1y1 Jl, /tit (, )eborah Lawson Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # Ism , Appendix 2 Reymann Page 121 of 767 Case # 21-1553 455 Blakely Avenue Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (d) Demolition of Structure Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. Code of Ordinance Violated: Chapter 38 Section I8 (k) Vegetation — Weeds Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove all vegetation and weeds in excess of twelve (12) inches from the property. EXHIBIT # Page 122 of 767 11/WIGS, 11.:A.1"M wra.wrrew - uara racKuvis, nuns LISPS Tracking® Track Another Package 1 - Tracking Number: 70092250000365041943 FAQs > Remove X The delivery status of your item has not been updated as of October 16, 2021, 2:17 am. We apologize that it may arrive later than expected. Awaiting Delivery Scan October 16, 2021 at 2:17 am m U.S 6oc,t-.l CERTIF./ED f,TAIL RECEIPT C FFICIAL USE .' 1 m � Alikagn trarftemnitoirdlorpilmi a o nimpiANIE ae.� m rmU r.r,.Qs1 a 1 � ji3 he1vY(S 3 a? 3 I a -n 0. d A 7r N./ v 3 { I Less /\ N/ EXHIBIT # �- Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. MtpSJ/tools.asps.com/gotrrackCon umActbn?tRef=fullpage&tL 2&text28mS$tLabels=70092250000365041943%2CSIAS false 1/2 Page 123 of 767 • CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1553 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 4th the day of November 2021, I personally posted said Notice of Hearing at: 455 Blakely Avenue, Crestview, Florida, 32536 in the County of Okaloosa. of sal + notice 'is attached hereto. Affiant's Signet ure 11 [Afr)-0 [__ Date Before me, the undersigned authorit y personally appeared,%Z.; >,: . .._.-- : r , who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this the day of (SEAL) 4.le 0040 Jordan Davis �° Notary Public, State of Florida v� My Commission Expires 09-09-2023 ''fop ft,o1P Commission No. GO 955262 Form 54 NOTARY PUBLIC: r f' 021. MY COMMISSION EXPIRES: Appendix 9 Z Page 124 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS b717'51:2( DATE O (a) FOUNDATION (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS (fl WINDOWS O (S) SHUTTERS Q (N) EXTERIOR DOORS ✓, (I) EXTERIOR DOOR FRAMES AND STOREFRONTS 'O (I) EXTERIOR SURFACE TREAT ,MF! O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES 455 BLAKELY MORESSLOCATIMICPAOIA1XIN OC ` La� ett O (m) STAIRS (e) ROOFS O (o) GUTTERS AND DOWNSPOUTS (P) CHIMNEYS, FLUES, AND VENT ATTACHMENTS t ' (q) OVERHANG E TEr S O (r)INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING • (+v) FENCES AND WALLS O OTHER: _ __ CUMMF NTS/CORRECTIVE ACTION(S): C 4- 44,,C<. &; *. or de„.., 1: kr": q c.r� IJ c cc}t /0d 1/ 14 j4 were- 1-• r : ref, ►- S 4+ i rei ..f ,,t e B As) Si,r-v 'v' 1 'CBS Ivc �7a # Snc( amai) S cr./. „zero' ear 1"/7 I PRINTED MAME CFSULDINGCFRCIAL fitch(/ EXHIBIT #7 -14 - Page 125 of 767 Case # 21-1.553 455 Blakely EXHIBIT # Page 127 of 767 4 Y"" CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Carlyle Stevens 743 State Hwy 35 Laurel Hill, FL 32567 Respondents. Inst. #3506551 Bic 3588 Pg: 485 Page 1 of 3 Recorded: 11 /18/1021 10:44 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher 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. Page 129 of 767 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, Page 130 of 767 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 onthe property as authorized by law. Done and Ordered on the 16th, Day of November, 2021. Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: 21.11.1716:0339 Special Magistrate 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. Page 131 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Carlyle Stevens 743 State Hwy 35 Laurel Hill, FL 32567 Respondents. Inst. #3506551 Bic 3588 Pg: 485 Page 1 of 3 Recorded: 11/18/2121 10:44 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher 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. Page 132 of 767 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, Page 133 of 767 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. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.11.17 16:03:39 -O600 Special Magistrate City of Crestview, Florida fiT 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 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. Page 134 of 767 City 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 Pa 2:07 PM RREECORDING ARTICLE V:I$1120000 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. Page 135 of 767 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 circunistances, 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' Page 136 of 767 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. Samuel B. Taylor tabor 51g"edby5amu" Date:2022.1246,,:1135 -06'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT OPY ay: ,tom 41.4- DATE: I -- \ al,. RIGHT TO APPEAL — You have the right, at your own expense, to appeal peciai Magistrate by filing a writ of certiorari for ap this An Order entered by the filed with the Circuit Court within 30 days of this order. the Circuit Court. Any appeal must be 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 film 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. Page 137 of 767 Deborah Lawson =rom: Sent: To: Cc: Subject: Attachments: Deborah Lawson Monday, February 6, 2023 3:39 PM bocal105@aol.com Madeline Tatom 594 Benjamin St Case 21-1515 FOF Order Recorded_Robbins.pdf Good afternoon, I'm reaching out to you regarding the property located at 594 Benjamin Street in Crestview, FL. This property is currently in violation of City codes and ordinances. A code compliance case was started in August of 2021, and the first notice of violation was sent in November of 2021. Another notice of violation was mailed again in November of 2021, and the public hearing notice was mailed in December of 2021. A public hearing was conducted January 18, 2022. At the public hearing, the special magistrate found the property to be in violation of city code and ordinances and ordered a daily fine of $250, in addition to the $250 hearing fee. A copy of the recorded order pertaining to this' property has been attached. At this time, the fines on the property exceed the value of the property. Our office has a mitigation procedure in place, which we would be happy to discuss with you. Please contact our office at your earliest convenience, so we may provide the mitigation information to you. The main line for Code Compliance is (850)683-0896. Thank you, ONE CITY ONE MISSION Deborah Lawson Code Compliance Officer City of Crestview 850.306.3702 office 850.612.9714 cell 1 Page 138 of 767 Case # 21-1515 594 Benjamin St Owner of Record: Origination Date: Priscilla Robbins P.O. Box 307 Mary Esther, FL 32569 08/13/2021 Origination Code: Citizen Complaint Violations: Chapter 38 Section 18 (d) Demolition of Structure, (k) Overgrown Vegetation Corrective Action Required: a. Remove all vegetation exceeding twelve inches. b. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property, or, c. 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. Notice Sent: 11/2/2021 Inspected: 11/16/2021 Notice Sent: 11/17/2021 Inspected: 12/1/2021 Signed: Returned to Sender Compliance Date: 11/15/2021 Results: In Violation Signed: Returned to Sender Compliance Date: 12/1/2021 Results: In Violation Public Hearing Notice Sent: 12/2/2021 Hearing Date: 1/18/2022 Property remains in violation. Order Recorded: January 19, 2022 Hearing fee: $250 Daily fine: $250 Fines: $88,500 Signed: Returned to Sender Re-recorded with wet stamp December 13, 2022 Due by February 18, 2022 Start: February 18, 2022 as of February 9, 2023 (not including interest) Property Value: $7,294 Related Properties: 20-3N-23-2390-0006-0060 Vacant Lot on S Lincoln A -3N-23-2390-0006-0070 Vacant Lot on S Lincoln 20 -3N -23-2390-0014-013A Vacant Lot on Blakely No Case History No Case History No Case History Page 139 of 767 21-1515 594 Benjamin January 18, 2022 Exhibit 3 Page 140 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION DATE rK7Ua=oF 71an ]o l+@ 21-1515 594 Benjamin ADDRESSLOCAIIDIOFIfiCtAllON rci.novel (wzref4 CHAPTER 38.65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O`' (b) WOOD SUPPORTS O (c) METAL SffPP R O (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS O (g) SHUTTERS C ' (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS 3g EXTERIOR SURFACE TREAT) .err : (k) STRUCTURAL. SUPPORTS (m)STAIRS )ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS ii(lco OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O `,(v) EXTERIOR LIGHTING O (w) FENCES AND WALLS (I) PORCHES AND BALCONIES COMMENTS: '-v C rr .ice'1t e Iried'S ei & 'e-4. Ri o^ M F/wd '17 'ode 41U .S u ►K ►eeeli - t rr.- e..f f Q f "s4s7'vn TT,4'I*As Y4',•Kjc." / rl 5 Vf►,S't 7 Crer, a I! S 4cir. ,. ,Tt4; OFFCIAL /4.41'N PRINTEDMAMECFmaialuOFFICPL cvrirnrr Page 141 of 767 594 Benjamin St Crestview FL 32536 December 01. 2021 09:44/MM 594 Benjamin St Crestview FL 32 536 January 05. 2022 12:14P :;,,tli - r'% 595 Benjamin St �' '�': January 06, 2022 02:11 PM .594 Benjamin SE Crestview FL 32536 �4 k January 06. 2022 02:11 PM-: 594 Benjamin St Crestview FL 32536 Dove r ewe_ 'row beedebouedb,0.ts•t b. .. Iomorsaa ..t n1S r.M.,, Oro win Imo t Tebbe F1wr+.s Otpy.t sA lessor, re lO$ ',Maim NOOK Meek OmeteUwe, /YAAYYJSOm s Ci11w.A CIr4•M4111% rearms b babes bele see... es sedates. N. saeeNee es eel. Mk . per.d ntpeeptq bib.est11$ .. awfueeret tape/ afso/sri+ U*., Ce•detoe., afO* .p6••••• poliededydeoldbool err Pnee 20.3114 01.110//4/1. ObRM•R741st ■wntvawr c ar M *R.0 4 Tim WOO A�q' Leo nroo1,F1=1.11. I<w.3..1.1 .4 L.. —1101. lw oloidMa ss be toorotrbie or wr'i.OM.e, a nom, ewe r.reset $3.000 pr Ide,1Mles‘ m.Yb._'o TiPN•1•Oe .Grebe 000d le.a swieg Yeegdeelot.. peeeem. asrM=1h/eseO Wpmftem •.der. esbgr. O.A.NeArSr 1l6OO1W.11eo le imps bUsc eneeem d•7•WIMm. billim let Me/.b.ee+illWARY iYiOw, 110. rrs bogy. obiakonq esooe .l1 reeeeea6M repair. elgrlr.d Ow loess elm ern pray' i.11 .r.ptirlr, eat dors* 16e vintager Mb 4e 1eae.1.11eiet otar women, =Pee wlb Or f. tereeaed. ■Pr.. CMY poodle hasaewel4as aeonbebe. br ip.rlal Kt %. it rWItrsasW to 01/1 Isere$ la Drl...nllep beaee.bebeeY bersMre .feel•ere. sad rab OMr esey b. ewW.rdat IR be Ara eobedr.d MOW l7 tdO.A,p} sredbdow" ohm ebeierrepseles• thee. /ore...Oa r'e►ela e..rrra +aCl K rwpesd M lees tpiWsaee mweT 7d 6.OriY..d 1bewaM 11./3•••••••=•• 4w. a —1 bra r ,d0•11 elm vie so.• �.i.a red ePra eew.berred we bane eel prermr'K tee+, l+r We mMWEW ;`0anuary 18, 2022 10:15AM 594 Benjamin St Crestview FL 32536 r ,* . CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 2, 2021 Case #: 21-00001515 PRISCILLA ROBBINS POBOX307 MARY ESTHER MARY ESTHER, FL 32569 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 594 BENJAMIN ST Tax Identification Number: 20-3N-23-0830-0004-0230 Legal: FAIRVIEW LOT 23 BLK 4, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 15, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to 5250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. Ifs Rave any questions concerning this matter, you may call me at (850) 683-0896. +7S irly, () °� pl:ance EXHIBIT # Pa 148 of 767 VLVWJH11VM Lr+t1i1L rnvsS J. CASE NUMBER 21-00001515 PROPERTY ADDRESS 594 BENJAMIN ST VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting EXHIBIT Page 149 of 767 V.VLbt1.LUZ Lb1li1L YliVr+ 6 CASE NUMBER 21-00001515 PROPERTY ADDRESS 594 BENJAMIN ST CORRECTIVE ACTION REQUIRED : Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # 3 Page 150 of 767 City of Crestvie w City Hall 198 North Wilson Stre et Crestvie w, FL 32536 a w U w cc 2a a> UZ. o Inw 0 P cc cn w E �Ua YhL9 95111 0000 O6fiE fi'tOt !!.oeaoo..:e 6741 FL 325 LPN ! 1 L 3POST s► r1Os U PU TA• -I S4's X-i?'6D Priscilla Robbins \ P. O. Box 307 Mary Esther, Fl. \.\\ z 322 DE 1 0011/22/1 32569 NIXIE RE TURN TO SENDER UNABLE TO FORWARD BC: 32536343692 *2638-06950-02-35 liiiil,1111'llll'll'lilillliln'I'l"" II'lll'lli'lllllplilli iRST it ASS MAti $Oa4.28 ZIP 32536 041M11 297338 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32638 Phone (850) 683-0898 Date: November 17, 2021 Case #: 21-00001515 PRISCILLA ROBBINS PO BOX 307 MARY ESTHER MARY ESTHER, FL 32569 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 594 BENJAMIN ST Tax Identification Number: 20-3N-23-0830-0004-0230 Legal: FAIRVIEW LOT 23 BLK 4, , If the violation(s) noted in the attached Statement of Violation (Violation Devil), are not corrected by December 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the Brat offense and S5000.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. f youitave any questions conaemimg this matter, you may call me at (850) 683-0896. Spnceretr, f� FYHIRI"Ple 5 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001515 PROPERTY ADDRESS 594 BENJAMIN ST VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting EXHIBITA 133of,767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001515 PROPERTY ADDRESS 594 BENJAMIN ST CORRECTIVE ACTION REQUIRED : Division ® 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT Pae�54 of 767 9 City of Crestv iew City bo ll 198 North Wilson Stree Crestv iew, FL 32536 a w W CC 9_a `6 Q7- .cc2 v�wn c5 95'[ii 0000 06iE 1'20 OthQ9 11 N EO POST OAFL325 tsnr 1 QQ4.2$ 20 21PM 1 L 7014 3490 0000 4156 6840 Priscilla Robbins P.O. Box 307 M ary Esther, 32569 NIXIE 322 DE i W012/'10/21 FIRS1 aASS MAA ZIP 32536 041M11297338 RETURN TO SENDER UNCL AIMED UNABLE TO FORWARD 32 494021156 22494 4 C BC: 32536343698 *2638-8Si_89-i .7-id 5 s 4 6 ni11 01 411111 l�tl 111�11i91ii.il �'i "11 11 hilb1 '0 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OFPUBLIC HEARING DATE: November 16, 2021 Priscilla Robbins PO Box 307 Mary Esther, FL 32569 RE: CASE# 21-1515 Dear Property Owner: You are hereby formally notified that on January 18,2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 594 Benjamin St., Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-0830-0004-0230 LEGAL DESCRIPTION: FAIRVIEW LOT 23 BLK 4 The Special Magistrate has the power to levy fines up to $250 per day fora first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. Ha violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation EXHIBRO11.767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange forecourt reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. t i p /4i DelSorah Lawson Code Compliance Officer 850.305.3702/850.612.9714 Farm SSA 4.rrdah 3 3 Page 157 of 767 Case # 21-1515 594 Benjamin Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (k) Grass, weeds, and uncultivated vegetation: A11 grasses, or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement and the lot line. Corrective Action Required: Remove the vegetation or weeds in excess of twelve (12) inches from the property Code of Ordinance Violated: Chapter 38 Section 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: Obtain a demolition permit and demolish the structure. Remove all demolition debris. EXHIBIT* 3 Page 158 of 767 a w W cr U Cn CI N U. Cr 03 U) W E L,7$ City of Crestv iew City Hall '198 No rth Wilson Stree Crestv iew, FL 32536 t • WIL 95Th DODO 06hE 610. 1 2/02/2021 021 PM 1L 7014 3490 0000 4156 7151 Priscilla Robbins PO Box 307 Mary Esther c1 a rEFQ NIXIE N1EOPOST ltRS1-CL ASS MAIL LA FL 325 ZIP 32536 041M11297338 0--\\2A 322 DE 1 SS12/2z /21 i RE TURN TO SENDER 1 f UNABLE TO FOR WARD tmc _ SC: 3i53 63s13fi98 1� L �.' i ! K�� •• �s • Vglue" 4t0 /ICU44411sito;ft1/i��i�l� .�.�'• •t 100 �i. i�� 1 Liar • CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1515 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 6th day of January 2022, I personally posted said Notice of Hearing at: 594 Benjamin Street, Crestview, Florida, in the County of Okaloosa. y . f said; noti - is attached hereto. A ant's Signa ure 0/(n7/ ate Before me, the undersigned authority personally appeared, Deborah Lawson, who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this 6th day of January 2022. {8 A1L. NOTARY SEAL Christi L Sheals Commission No. G0326168 My Commission Expires April 21, 2023 NOTARY PUBLIC' MY COMMISSION EXPIRES: 4oYt t, r3 , a?D A3 Form 54 Appendix 9 EXHIBIT # 3 Page 160 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 7/ 49 1 DAM 21-1515 594 Benjamin mTupeoF 05.4-P fE-rier ALERB3SLOCATENOF'VWTI u Silryclwr reds roved Awn twzret4 CORRECTIVEACTONOREOURED CHAPTER 3845 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION d' (b) WOOD SUPPORTS o (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS rJ (f) WINDOWS O (g) SHUTTERS y (h) EXTERIOR DOORS o (I) EXTERIOR DOOR FRAMES AND STOREFRONTS () EXTERIOR SURFACE TREA W4 (k) STRUC TIMAL SUPPORTS )e' (I) PORCHES AND BALCONIES (m) sums � (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS CI '(q) OV9IIANG CIS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS o (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING 0; (w) FENCES AND WALLS COMMENTS: . 5 G rt /tadf 49 le !Yr'td✓Yd ,1 (4 o" `4 ;•1 i Ff 4 ri q io/..7 Cod -, zs r-eL ÷s f «S4s,/1 47‘40‘,4•4 l P4'.ic ' r_NAmEoF awciAL EXHIBIT # 3 dig / DATE Page 161 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Priscilla Robbins P.O. Box 307 Mary Esther, FL 32569 Respondents. Inst. #3520854 Bk: 3599 Pg: 3146 Page 1 of 3 Recorded: 1/19/2022 3:38 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK jleibold JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1515 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, Priscilla Robbins, whose last known mailing address is P.O. Box 307 Mary Esther, FL 32569, is the owner of the property located at 594 Benjamin Street, Crestview, FL 32536, AKA PIN# 20-3N-23-0830-0004-0230, and more particularly described as: FAIRVIEW LOT 23 BLK 4. 2. The conditions on the property consist of an unsafe structure and overgrown vegetation. The violation(s) were first observed on August 13, 2021. A Notice of Violation was mailed by certified mail November 2, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. (d), (k) 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: Page 167 of 767 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 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. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property, or, c. 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' Page 168 of 767 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. Sa m ue' B. Digitally signed by Samuel B. Taylor Date: 2022.01.19 Taylor 13:31:05 -06'00' Special Magistrate City of Crestview, Florida RIGHT TO APPEAL — You have the t, at your own expense, to appeal this Order entered by the Speci 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. Page 169 of 767 City of Crestview, Florida, Petitioner, Vs. Priscilla Robbins P.O. Box 307 Mary Esther, FL 32569 Respondents. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #3595749 6k. 3654 Pg: 3403 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# 21-1515 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, Priscilla Robbins, whose last known mailing address is P.O. Box 307 Mary Esther, FL 32569, is the owner of the property located at 594 Benjamin Street, Crestview, FL 32536, AKA PIN# 20-3N-23-0830-0004-0230, and more particularly described as: FAIRVIEW LOT 23 BLK 4. 2. The conditions on the property consist of an unsafe structure and overgrown vegetation. The violation(s) were first observed on August 13, 2021. A Notice of Violation was mailed by certified mail November 2, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. (d), (k) 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: Page 170 of 767 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. A 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. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property, or, c. 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' Page 171 of 767 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 Digitally signed by Samuel AND Samuel B. B. Taylor CORRECT DOPY Taylor Date: 2022.12.0611:11:14 EPA Special Magistrate City of Crestview, Florida DATE: l - a -.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 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. Page 172 of 767 Case # 21-1038 132 S Booker Street Owner of Record: Leonard Lee 320 Forrest Parkway Crestview, FL 32539 Origination Date: 05/18/2021 Origination Code: Proactive Violations: Chapter 38 Section 18 (b) — Trash/debris, Section 48 (a), (b) — Property exterior, Section 65 (b)- Wood Supports, (f)- Windows, (k)- Structural supports, (n)- Roofs, (p) - Chimneys, flues, and vent attachments, (q)- Overhang extensions, (u)- Rodent Harborage, (w) - Fences and Walls, Section 66 — Accessory Structures, Section 70 (a.2)- Structures in a state of disrepair, (b)- Abandoned equipment/furniture, (c)- Building exteriors. Chapter 70 Section 70- 27 (7)- Refuse not acceptable for collection. Corrective Action Required: a.) Remove all trash, debris, and solid waste from the property. b.) Obtain structurally engineered plans in order to obtain a building permit and repair the wood supports, windows, structural supports, roof, flue, overhangs, and walls. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. Notice Sent: 07/20/2021 Signed: 07/21/2021 Compliance Date: 07/27/2021 Inspected: 08/04/2021 Results: In Violation Notice Sent: 08/06/2021 Signed: 08/07/2021 Compliance Date: 08/19/2021 Inspected: 09/13/2021 Results: In Violation Public Hearing Notice Sent: 09/14/2021 Signed: 09/15/2021 Hearing Date: 10/19/2021 Property remains in violation. Order Recorded: 10/28/2021 Re-recorded with wet stamp 11/18/2021 Hearing fee: $250 Due by 11/19/2021 Daily fine: $250 Start: 11/19/2021 Fines: $121,500 as of March 20, 2023 (not including interest) Property Value: $18,052 Page 173 of 767 Case # 21-1038 132 S Booker Street Related Properties: Vacant Lot Cobb St 17-3N-23-2490-0130-0050 Leonard Lee Case# 22-1146 In Compliance 8/30/2022 Case # 22-52 Hearing Date: February 15, 2022 Fines: $83,250 Violations: Trash/Debris 490 MLK Ave 17-3N-23-2490-0077-0100 Heirs of Leonard C Lee Case # 19-814 Hearing Date: November 17, 2020 Fines: $166,000 Violation: Criteria to Demolish Page 174 of 767 EXHIBIT 5 CASE # 21- 1038 132 S BOOKER ST TUESDAY, OCTOBER 19, 2021 Page 175 of 767 BUILDING OFFICIAL DETERw:NATIOn,' 6/7/2 I /3a s dviec 59. MOWN DAY /YEAR Al IACATIdVOFVlOIATICN f 4$5 ge sI l , rji3 Sne) 4/454e_MOUE OF VQATO4Bi CeSERM33 D /;, , Se4 .j7 `.G.4 of .T /iof •rec 1 rrODe,r"e oir/'7dk one /►I'° VPO!ff �4,r yi, ✓ 7 +�1.R► fAyii er ,2✓+c 1 ✓c4 -Tan et, y 6e cr2, ►&• CHAPTER 38-65 IMPROVED PROPERTY STANDARDS I FOUNDATION."°YJ° lkk i 'J or omtr "v.1- ler ►r intr. C a WOOD SUPPORTS: 5t P sf t yr O SKIRTING: 0- EXTERIOR WALLS: frd? f ektr'i r Ar •rol- lee •1 r M44^14 OI WINDOWS: Lti...d r�5 �S�ar�r� yr , ve ! ei rrss r.. o... o SHUTTERS o EXTERIOR DOORS: O EXTERIOR DOOR FRAMES AND STOREFRONTS: Gi EXTERIOR SURFACE TREATMENT; r1 #161- • gmucTuRAL s oRTs: fop(' rem I ::r t r is tecrsr kvk A L t4 re: ❑ PAS AIM BALCONIES D STAB O ROOFS: 44 i►. f , -hfrd r COv F LvtlGs O GUTTERS AND DOWNSPOUTS: = CHIMNEYS, FLUES, AND VENT ATTACHMENTS: FX.r , ; s vrnt Afetis k »! cite/ Q;ovERHANG - 0'r / r Aof X41^ f; n d rah c_tf .raid O INSECT SCREENS: -- - O. ACCESSORY STRUCTURES: Pie * r,a; ^ or �J j,., k (dell f 4 ra• /fleet o SWIMMING POOL& , ROmIT HARBORAGE: /9/1 4r1s4 v,) '' erre ia►-/ f fi r+ I '►/ Lr<y `C )6 -EXTERIOR LIGHTING: tines t C C- c E l 4I1 qua•^d S O FENCES AND WALLS: -. jf.0 Lf "PP EXHIBIT # 5 ler Page 176 of 767 Crestview, Florida, United States 124 N Booker St, Crestview, FL 32536, USA Lat N 30° 45' 17.964„ Long W -86° 34` 21.68411 18/05/21 01:28 PM Crestview, Florida, United States 12.5 N Lincoln St, Crestview. FL 32536. USA Lat N 30045' 16.0776" Long W -86° 34' 2.2.6704" 25/06/21 07:39 AM :. Yom:-...r— tr•,�` _ w r.� Crestview. Florida, United States 125 N Lincoln St, Crestview, FL 32536, USA Lat N 30045' 16.0992" Long W -86° 34' 22.7028" 25/06/21 07:39 AM Crestview, Florida, United States Case# 21-1038 132 S Booker , 4,ate' �_ •Ate, ,- • • • _ - • ;`'�'1 .N .mil , -i... 's16 t6' • i t. • ...T., -..1�^ .! , �s. „ .. Y 1111' _r 41 a. . � �s ! ml Yfit4 • .t. Crestview ,Go de_ •. Crestview, Florida, United States 0 125 N Lincoln St, Crestview, FL 32536, USA Lat 30.754529' Long -86.572992° 04/08/21 03:20 PM d. EXHIBIT # Page 180 of 767 Crestview, Florida, United States 124 Booker St, Crestview, FL 32536, USA Lat 30.754773° Long -86.572503° 04/08/21 03:27 PM 132 S Booker St 'October 19, 2021 09:33AM 132 S Booker St Crestview FL 32536 United States ,:October 19. 202.1 09:35/\M 108 S Booker St Crestview FL 32536 United States f. 4. 108 S Booker St Crestview FL 32536 United States CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 Date: July 13, 2021 Case #: 21-00001038 LEE LEONARD 320 FORREST PKWY CRESTVIEW CRESTVIEW, FL 325398586 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: I32 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0160 Legal: CRESTVIEW LOT 16 BLK 76, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 27, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Spedai Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Code Compliance Officer EXHIBIT # 5 Page 185 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST VIOLATION: CH 38 SEC 18 (f) QUANTITY: 1 DESCRIPTION: OBNOXIOUS ODORS -CONDITIONS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, fumes, chemical diffusion, or other odors from the property. VIOLATION: CH 38 SEC 48 QUANTITY: 1 DESCRIPTION: PROPERTY EXTERIOR DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38-48 - Property exteriors. (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is EXHIBIT #5 Page 186 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : permitted, caused, allowed or existing in any manner as to be a sanitary nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by conducting the following action. 1. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. VIOLATION: CHAPTER 70 QUANTITY: 1 )ESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, -garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. EXHIBIT # Page 187 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 >ESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the' violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 70 QUANTITY: 1 3SCRIPTION: UNSIGHTLY CONDITIONS DATE: 5/18/21 LOCATION: EXHIBIT # ORDINANCE DESCRIPTION : CONTINUED Page 188 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.70 - Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. CODE (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (d) Garbage and trash containers stored in a manner visible from the street. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. (f) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code shall apply. CORRECTIVE ACTION REQUIRED : VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 3SCRIPTION: WOOD OR METAL SUPPORTS DATE: 6/08/21 LOCATION: EXHIBIT # �J ORDINANCE DESCRIPTION : CONTINUED Page 189 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCR/PTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners,or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Replace the wood or metal supports that are rusty or rotten. VIOLATION: CH 38 SEC 66 QUANTITY: 1 ESCRIPTION: ACCESSORY STRUCTURES DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to EXHIBIT * 5 Page 190 of 767 CASE NUMBER 21-00041038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three (3) months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. CORRECTIVE ACTION REQUIRED : You may abate the violation by VIOLATION: CH 38 SEC 65 FENCES -WALLS QUANTITY: 1 ESCRIPTION: FENCES & WALLS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for,Improved Property. EXHIBIT # 5 Page 191 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : (w)Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. CORRECTIVE ACTION REQUIRED • 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the fence, or wall. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 )ESCRIPTION: GUTTERS -CHIMNEYS -OVERHANGS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For EXHIBIT # 3 Page 192 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy OD 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 )ESCRIPTION: ROOFS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : EXHIBIT # 5 Page 193 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department 00 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 18 & 65 QUANTITY: 1 )ESCRIPTION: VERMIN -RATS -MICE -PESTS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 38- PROPERTY MAINTENANCE AND HOUSING STANDARDS 38.18 - NUISANCE CONDITIONS. (c) Any condition that provides harborage for rats, mice, snakes, other vermin, or pests except on pristine lots and in preserve areas. 38.65 - STANDARDS FOR IMPROVED PROPERTY (u) Rodent harborage: All structures and exterior premises shall be kept free from rodent harborage and infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process which will not be injurious to human health. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by removing the rats, mice, snakes, other vermin, or pests from the property. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 ESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. EXHIBIT # 5 Page 194 of 767 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When .boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more Page 195 of 767 ++vraaZ+iVal 1401.4711.1 YAWS 11 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST CORRECTIVE ACTION REQUIRED : than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # Page 196 of 767 postal Service.' M ce.' RECEIPT. CERTII' I gym' rt'y' `i5 o oor wvnaite :.t µ.WW dip- ... Dorit,fic ma, 1l1 a tu „pooch rasoows co"— '° . yQ„ 0 Cif ,,.s• TA C3 VI - O Complete Items 1.2, and a Print your name and address on the reverse so that we can return the card tO you. Attach this card t0 the back of the mafplece. Cron the front If space permits. . At'Mde Addressed to Les*k e6. L 5110 --taWSC lAt43-K!eko'p jot ii1TE1namiinm12i10 by Plated Name) a la dotomy address Mood t am tiem 1? if YES, miter delivery address Micro: a smite Tips airmoo CAA* Wows omm nrear rrd palm Q CeANied MEIRestretedDdrry flCalker re D@rery 7020 1290 0001 --- 5682 0058 7.111.11"Y Roofeled DeIP y to }tsehictedDMMutF• S Form 3811, Judy 2020 Phi 7530.02-000.9053 0Reifelesed Mars 0 =Med rar Restricted tatlisestrieca lw Q 51Q,eswOsnimvlon Restricted Mussy Dansetio Ren$rr R5pt • EXHIBIT # 5 Page 197 of 767 7/23/2021 USPS Tracking® USPS.com®- USPS Tracking® Results Track Another Package -- Tracking Number: 70201290000156820058 Your item was delivered to an individual at the address at 12:33 pm on July 21, 2021 in CRESTVIEW, FL 32539. G Delivered, Left with Individual July 21, 2021 at 12:33 pm CRESTVIEW, FL 32539 Get Updates N./ Text & Email Updates Tracking History FAQs > Remove X July 21, 2021,12:33 pm Delivered, Lett with Individual CRESTVIEW, FL 32539 Your item was delivered to an individual at the address at 12:33 pm on July 21, 2021 in CRESTVIEW, FL 32539. July 21, 2021, 12:30 pm Notice Left (No Authorized Recipient Available) CRESTVIEW, FL 32539 EXHIBIT#, S httpsi/tDols.asps.comtgo/TrackConflrmAction7gtc tLabels1=702o12s00oo156820058 Page 198 M2767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0898 Date: August 5, 2021 Case #: 21-00001038 LEE LEONARD 320 FORREST PKWY CRESTVIEW, FL 325398586 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 132 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0160 Legal: CRESTVIEW LOT 16 BLK 76, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by August 19, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # s Page 199 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST VIOLATION: CH 38 SEC 18 (f) QUANTITY: 1 DESCRIPTION: OBNOXIOUS ODORS -CONDITIONS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, fumes, chemical diffusion, or other odors from the property. VIOLATION: CH 38 SEC 48 QUANTITY: 1 DESCRIPTION: PROPERTY EXTERIOR DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38-48 - Property exteriors. (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is tXHIBIT # Page 200 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : permitted, caused, allowed or existing in any manner as to ' be a sanitary nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by conducting the following action. 1. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. VIOLATION: CHAPTER 70 QUANTITY: 1 )ESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. EXHIBIT # 5 Page 201 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 )ESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 70 QUANTITY: :SCRIPTION: UNSIGHTLY CONDITIONS DATE: 5/18/21 LOCATION: EXHIBIT # 5 ORDINANCE DESCRIPTION : CONTINUED Page 202 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.70 - Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises, in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left . in a state of partial construction beyond the valid timeframe of the permit. (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. CODE (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (d) Garbage and trash containers stored in a manner visible from the street. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. (f) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code shall apply. CORRECTIVE ACTION REQUIRED : EXHIBIT # 5 VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 ESCRIPTION: WOOD OR METAL SUPPORTS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : CONTINUED Page 203 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Replace the wood or metal supports that are rusty or rotten. VIOLATION: CH 38 SEC 66 QUANTITY: 1 BSCRIPTION: ACCESSORY STRUCTURES DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to EXHIBIT # 5 Page 204 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three (3) months of the effective date of such.ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets; sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. CORRECTIVE ACTION REQUIRED : You may abate the violation by VIOLATION: CH 38 SEC 65 FENCES -WALLS QUANTITY: 1 ASCRIPTION: FENCES & WALLS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. EXHIBIT # 5 Page 205 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : (w)Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace, the fence, or wall. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 ESCRIPTION: GUTTERS -CHIMNEYS -OVERHANGS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For EXHIBIT # Page 206 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy ED 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 ESCRIPTION: ROOFS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a. structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 207 of 767 VIOLATION DETAIL PAGE 9 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department 0 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 18 & 65 QUANTITY: )ESCRIPTION: VERMIN -RATS -MICE -PESTS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 38- PROPERTY MAINTENANCE AND HOUSING STANDARDS 38.18 - NUISANCE CONDITIONS. (c) Any condition that provides harborage for rats, mice, snakes, other vermin, or pests except on pristine lots and in preserve areas. 38.65 - STANDARDS FOR IMPROVED PROPERTY (u) Rodent harborage: All structures and exterior premises shall be kept free from rodent harborage and infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process which will not be injurious to human health. CORRECTIVE ACTION REQUIRED • You may abate the violation(s) by removing the rats, mice, snakes, other vermin, or pests from the property. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 ESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. EXHIBIT # Page 208 of 767 VIOLATION DETAIL PAGE 10 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portionsof the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more EXHIBIT # 6 Page 209 of 767 VIOLATION DETAIL PAGE 11 CASE NUMBER 21-00001038 PROPERTY ADDRESS 132 S BOOKER ST CORRECTIVE ACTION REQUIRED : than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # Page 210 of 767 rn d- in r1] U.S. Postal Service RECEIPT CERTIFIED yM Oonl snc Marl wthsstr .t ), cte crl ..,cos!n.,;;, r oFFICI a ;.a Hem C• i O pl♦oueetr+" = i CI fit # 9.• CS Complete Items 1.2 and S. Pr nt your name and address on the revmse so that we can return the card to you. Attach this card to the back of the na nplece, or on the front If space permits. 1. Article Addressed to LEE. ImHRRb 32o7o'RCet-r 9Y,HER3EME111 CdE5Ni�1��L32§� 2. Alttde Number Prefer torn service Meg 7020 1290 0001 5682 1543 "' 8. Received by Na'n) ate 'O Addremee D. Is delivery aridness Meseta= Rem 1? tt YES, enter delivery address below: Ice Afiae Coreded Mat o *relied Mail ReeamMd Wiry D Collect go Delray 0 Collect on Mealy Re.Ototed Denny tJ Inured MO PS Farr» 3811, July 2020 P814 7530.02-000-8063 floolitord dt d esazedMil Restricted o Res -toned Delon DOnestio Muni Reodpt EXHIBIT # Page 211 of 767 8/10/2021 USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number. 70201290000156821543 USPS Tracking® Your item was delivered to an individual at the address at 1:08 pm on August 7, 2021 in CRESTVIEW, FL 32539. G Delivered, Left with Individual August 7, 2021 at 1:08 pm CRESTVIEW, FL 32539 Get Updates v Text & Email Updates Tracking History FAQs > Remove X 0 August 7, 2021,1:08 pm Delivered, Left with Individual CRESTVIEW, FL 32539 Your item was delivered to an individual at the address at 1:08 pm on August 7, 2021 in CRESTVIEW, FL 32539. August 7, 2021, 1:06 pm Notice Left (No Authorized Recipient Available) CRESTVIEW, FL 32539 5 https //tools.usps.cam/galTrackConf miAction?tRef=fullpage&tLc 2&text28777=&tLabels=70201290000156821543%2C Page 212 ot167 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 9/1/2021 Leonard Lee 320 Forrest Parkway Crestview, FL 32539 RE: CASE# 21-1038 Dear Property Owner You are hereby formally notified that on October 19, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 132 S Booker Street, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0076-0160 LEGAL DESCRIPTION: CRESTVIEW LOT 16 BLK 76 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation EXHIBIT # 5 Page 213 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. �ebora� Lawson Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # For. MA AppeWti IMbcd Page 214 of 767 CASE # 21-1038 132 S Booker Street STATEMENT OF VIOLATION Code of Ordinance Violated: Chapter 38 Section 18 Nuisance Conditions (b) (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective Action Required: The violation may be abated by removing all garbage, cans, appliances, and furniture from the property. Code of Ordinance Violated: Chapter 38 Section 48 Property Exterior (a), (b) (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is permitted, caused, allowed or existing in any manner as to be a sanitary nuisance. Corrective Action Required: The violation may be abated by removing all litter, debris, solid waste, appliances, equipment, and household furniture from the property. Code of Ordinance Violated: Chapter 38 Section 65 (b), (f), (k), (n), (p), (q), (u), (w) (b) Wood supports shall be sound and free from insect infestation and rot. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the fimctions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. (u) Rodent Harborage: All structures and exterior premises shall be kept free from rodent harborage and infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process which will not be injurious to human health (w) Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. EXHIBIT # - Page 215 of 767 CASE # 21-1038 132 S Booker Street Corrective Action Required: The violations may be abated by obtaining a building permit and repairing the wood supports, windows, structural supports, roof, flue, overhangs, and walls. Code of Ordinance Violated: Chapter 38 Section 66 Accessory Structures: Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition, Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Corrective Action Required: a.) Obtain a building permit and repair the accessory structure. b.) Obtain a demolition permit and demolish the accessory structure. Remove all demolition debris from the prolerty Code of Ordinance Violated: Chapter 38 Section 70 Unsightly Conditions (a) (2), (b), (c), (a) Structures that are: (2) Left in a state of disrepair (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. (c) Building exteriors in a condition of deterioration or disrepair such that the condition cases measurable diminution of surrounding property values. Corrective Action Required: Obtain the proper permits and repair the structure. Remove the discarded appliances from the property. Code of Ordinance Violated: Chapter 70 Section 27 Solid Waste- Refuse not Acceptable for Collection (7) Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse. (7) Animal waste, dead animals, or tires. Corrective Action Required: The violation may be abated by removing all tires and solid waste from the propertS'. EXHIBIT # Page 216 of 767 Complete Items 1, 2, end 3. Print your name and.addmss on the reverse so that we can return the card to you Attach this card to the tack of the magpieoe, or on the front if space pewee. Mole Adkheeeed to woolap U2EsroEtNf Cti 3?fi31 611•1111IflIIIIIIUIiNi I I� 9590 9402 6373 0303 1228 60 2. Article Number Rtmrefbr flavn service Sabel) COMPLETC. THIS SECTION.' ON DELIVERY � �' X s.leatived (Mated Name) D. Isdelfts? acidities agent from Nam 1? 0 Ms EYES, ever delivery addroes below: p No Agent 0 Addresses C. Date of Del " 3. servloe lylpe CI Adult Spume 1.0010 Madded y O Collect anDelivery 9 Congdon DelueeyRestricted Deaver/ 7011 3500 0000 9133 0476 IMOReebMedDalegry P3 Form 3811, July2020 PSN 7b3o.02.a o.eo53 0MorayMal EXpres e 0 Manama ConThinatIonnt Signature ResblotadDNMry Domed° Return Haoeipt EXHIBIT # Page 217 of 767 1014/21, 12:57 PM USPS.com®- USPS Traddng® Results USPS Tracking® Track Another Package + Tracking Number: 70113500000091330476 FAQs Remove X Your item was delivered to an individual at the address at 6:50 pm on September 15, 2021 in CRESTVIEW, FL 32536. & Delivered, Left with Individual September 15, 2021 at 6:50 pm CRESTVIEW, FL 32536 Get Updates v Text & Email Updates Tracking History Product Information See Less /• EXHIBIT # �J Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. httpsJ/tools.uses,com/go/TradcConfinnAd;on2tRef=ful!page&tL�2&text28777=MLabels=70113500000091330476%2C8AABt=false Page 2181itf 767 El WOOD SUPPORTS: 5% rc O SKIRTING: 4 BUILDING OFFICIAL DETER IPATION Cm /74f /3a s AO,�� S� MIONTFYDAY/YEAR CFVIO ATIOd (As<4 ,s;+, -e. .� /OSSi ge s t 1 7 rP-P j Seto) v-Asc _ e kc44-1cti 1441UREOFVAATIONPCBSERVED br7 /;r i -e4 L7 62.6 or ;.-9 naf rr ;,1r. d J r co,�.,Y,I dr.-� /,'�,d�+. ,J AcriamsmaiRED ,.selc green. 's7 r+' C'�t'" CA, Vr1cr -Q +/C [ mod;, 'lt k , A r re 2 ,4r eg !f CHAPTER 38-65 IMPROVED PROPERTY STANDARDS �° FOUNDATION. osh 11� f/ or Sj cr, i'#vrf ,k orr,r, 041 4- /et jevitVc VP <iov� xi . EXTERIOR WALLS: Ld ' " r 44 r .,a fIver ^ 4;.Yd yi WINDOW$:_ ,7, '<a .fir rs I errsi O SHUTTERS: O EXTERIOR DOORS: O EXTERIOR DOOR FRAMES AND STOREFRONTS: Q EJCTER OR SURFACE TREATMENT!► J;:91, ,,,,,Are, -4 Cr+C- ►'Klfiirrt4 /1 1+o. eig.;At d • STRUCTURAL SUPPORTS: (4"-Figle. f J c4.elk ( .`srvcj rya it prArd i 4 I+oL 4- cr;t vr. o PAS AND BASES: O STAN J 00P ROOF& 44 ei O GUTTERS AND DOWNSPOUTS: (QFd(ICs t3 CHIMNEYS, FLUES, AND VENT ATTACHMENTS: _ 7A _Fork . ps ,-rnt Kedl Ar If '. OVERHANG EXTENSION& erre(I1cof rso- 4/4_ ref q e!b 0 INSECT SCREED rkco' •a'ACCESSORY STRUCTURE& - ;" :l► ()) ' - #' 4in1 t ra ikeT 0 SWIMMING POOLS: 20 RODENT HARBORAGE: f%a -Ir; Si"' fq itoi r earesco' r14 —t Liflor<j- EXTERIOR LIGHTING:_ Lirkiter e t c- c t 1 O f f gra-^°1 Sir ,.r t o FENCES AND WALLS: SCAN 40/NvPME EXHIBIT # Page 219 of 767 Case# 21-1038 132 S Booker EXHIBIT # 51A' Page 220 of 767 132 S Booker Case# 21-1038 , EXHIBIT # St Page 221 of 767 Case# 21-1038 132 S Booker EXHIBIT # 511' Page 222 of 767 Case# 21-1038 132 S Booker EXHIBIT # 5 t^i' Page 225 of 767 Case# 21-1038 132 S Booker EXHIBIT # MA Page 226 of 767 Case# 21-1038 132 S Booker EXHIBIT #' Page 227 of 767 Page 228 of 767 132 S Booker Case# 21-1038 orMEN.W, MR4. 4 .7=r1IF CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Leonard Lee 320 Forrest Pkwy Crestview, FL 32539-8586 Respondent. Inst. #3500467 Blc: 3583 Pg: 1888 Page 1 of 4 Recorded: 10/28/2021 9:16 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERKfivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1038 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Leonard Lee, whose last known mailing address is 320 Forrest Pkwy, Crestview, FL 32539, is the owner of the property located at, 132 Booker St S., Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0076-0160, and more particularly described as: CRESTVIEW LOT 16 BLK 76 2. The conditions on the property consist of consist of an unsafe structure, solid waste, trash, and debris. The violation(s) were first observed on May 18, 2021. A Notice of Violation was mailed by certified mail July 20, 2021 . The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sections 18 (b) Nuisance Conditions, Chapter 38 Section 48 (a) (b) Property Exterior, Chapter 38 Section 65 (b) (f) (k) (n) (p) (q) (u) (w) Standards for Improved Property, Chapter 38 Section 66 Accessory Structures, Chapter 38 Section 70 (a 2) (b) (c) Unsightly Page 1 of 4 Page 229 of 767 Conditions, and Chapter 70 Section 27 (7) Solid Waste, of the City of Crestview's Code of Ordinances and requested correction of the violation by July 27, 2021. Re inspection of the property on August 4,2021, 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 - Sections 18 (b) Nuisance Conditions, Chapter 38 Section 48 (a) (b) Property Exterior, Chapter 38 Section 65 (b) (f) (k) (n) (p) (q) (u) (w) Standards for Improved Property, Chapter 38 Section 66 Accessory Structures, Chapter 38 Section 70 (a 2) (b) (c) Unsightly Conditions, and Chapter 70 Section 27 (7) Solid Waste, 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 Page 2 of 4 Page 230 of 767 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 November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all trash, debris, and solid waste from the property. b. Obtain structurally engineered plans in order to obtain a building permit and repair the wood supports, windows, structural supports, roof, flue, overhangs, and walls. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. 10. If the violation(s) are not corrected by November 19, 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 6.7796 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 Page 3 of 4 Page 231 of 767 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, Day of October, 2021. Samuel Digitally signed by Samuel B. Taylor B. Taylor 15:24:312021.10.26ate: -05 00 BY: &lido ' _327 Special Magistrate City of Crestview, Florida CERTIFIED A TRUE CORRECT COPY CITY OF CRESTVIEW 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. Page 4 of 4 Page 232 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, VS. Leonard Lee 320 Forrest Pkwy Crestview, FL 32539-8586 Respondent. 198 Wilson Street North Crestview, FL 32536 Inst. #3591802 Bk 3651 Pg: 4470 Page 1 of 4 Recorded: 11/18/2022 1238 PM RECORDING ARTICLE V. $16.00 RECORDING: $19.50 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1038 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Leonard Lee, whose last known mailing address is 320 Forrest Pkwy, Crestview, FL 32539, is the owner of the property located at, 132 Booker St S., Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0076-0160, and more particularly described as: CRESTVIEW LOT 16 BLK 76 2. The conditions on the property consist of consist of an unsafe structure, solid waste, trash, and debris. The violation(s) were first observed on May 18, 2021. A Notice of Violation was mailed by certified mail July 20, 2021 . The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sections 18 (b) Nuisance Conditions, Chapter 38 Section 48 (a) (b) Property Exterior, Chapter 38 Section 65 (b) (0 (k) (n) (p) (q) (u) (w) Standards for Improved Property, Chapter 38 Section 66 Accessory Structures, Chapter 38 Section 70 (a 2) (b) (c) Unsightly Page 1 of 4 Page 233 of 767 Conditions, and Chapter 70 Section 27 (7) Solid Waste, of the City of Crestview's Code of Ordinances and requested correction of the violation by July 27, 2021. Re inspection of the property on August 4,2021, 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 - Sections 18 (b) Nuisance Conditions, Chapter 38 Section 48 (a) (b) Property Exterior, Chapter 38 Section 65 (b) (f) (k) (n) (p) (q) (u) (w) Standards for Improved Property, Chapter 38 Section 66 Accessory Structures, Chapter 38 Section 70 (a 2) (b) (c) Unsightly Conditions, and Chapter 70 Section 27 (7) Solid Waste, 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 Page 2 of 4 Page 234 of 767 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 November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all trash, debris, and solid waste from the property. b. Obtain structurally engineered plans in order to obtain a building permit and repair the wood supports, windows, structural supports, roof, flue, overhangs, and walls. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. 10. If the violation(s) are not corrected by November 19, 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 Page 3 of 4 Page 235 of 767 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, Day of October, 2021. CERTIFIED A TRUE Samuel 5. Taylor AND Samuel Digitally signed by B. Taylor Date: 2021.10.26 BY',Y, CORRECT COPY • 15:24:31 -05'00' ' ".,,t Special Magistrate DATE: 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. Page 4 of 4 Page 236 of 767 Case # 21-858 653 Sixth Ave Owner of Record: GMAC Mortgage LLC 1100 Virginia Dr. Ft. Washington, PA 19034 Origination Date: 5/1/2021 Origination Code: Citizen Complaint Violations: Chapter 38 Section (d) Demolition of Structure, Chapter 38-69 Vacant Structure Standards Corrective Action Required: Obtain a building permit to demolish the two accessory structures and remove all the debris from the property. Obtain a licensed engineer to conduct an inspection of the structure and submit a letter to the Building Official of his findings. Notice Sent: 6/4/2021 Signed: 6/18/2021 Compliance Date: 6/21/2021 Inspected: 6/18/2021 Results: In Violation Notice Sent: 6/22/2021 Signed: 7/15/2021 Compliance Date: 7/8/2021 Inspected: 7/13/2021 Results: In Violation ?ublic Hearing Notice Sent: 8/20/2021 Signed: 8/25/2021 Hearing Date: 9/21/2021 Property remains in violation. Order Recorded: 9/29/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 10/22/2021 Daily fine: $250 Start: 10/22/2021 Fines: $119,000 as of February 9, 2023 (not including interest) Property Value: $39,192 Related Properties: No related properties found in Okaloosa County. Page 237 of 767 CASE # 21-858 653 SIXTH AVENUE TUESDAY, SEPTEMBER 21, 2021 EXHIBIT 7 Page 238 of 767 &4A,421 BUILDING OFFICIAL STRUCTURAL DETERMINATION eqj— 858 653 SIXTH AVE %%�� J c C 1 ACDRESSLOCATIONOFAOLATEN c:'4 $- - S -c T SJ LfCS 1.,/,Xobo d , .�r reps. I' d NATURE OF NIOLATEN(S) OBSERVED der+*--c.1d c.'-i /q -,fir., ORRECTIVEACIDWREOUFED 44,' r J er%orC 1 et%4.4C7laryre.44Ak rtd. CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS :%•4;4" (f) WINDOWS O (g) SHUTTERS (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS Q) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS (1) PORCHES AND BALCONIES A(m) STAIRS •V(n) ROOFS "(o) GUTTERS AND DOWNSPOUTS 0 (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORYSTRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE C? (v) EXTERIOR LIGHTING (w) FENCES AND WALLS COMMENTS: 41Am: s w 'r 4570117/ ri;d49 reed fie 4-., : S fri fr. 54.5 j#ri..z 7C.A. l 64,e -1s/ f 74 rod l2 (-it/Cirri /y'i-vfT J `€ /RP. tjC c ►f et / irr� Les. rig, C 0,Pd r ize ►6 P !.✓1 1. 1:".t .t "„c, j q, -f r a f r� 1� / GVA - . • .. OFFICLet PRIMED NAME OF BUILDING OFFICIAL DATE EXHIBIT # Page 239 of 767 Crestview, Florida, United States 653 6i.h Ave E, Crestview, FL 32536, USA Lat. N 30' 46' 16.6584" Long W -86` 34' 24,546" 18/06/21 11:25 AM Crestview, Florida, United States 653 6th Ave E, Crestview, FL 32536, USA Lot N 30' 46' 16.6584" Long W -86' 34' 24.546" 1810612.1 11:25 AM Crestview, Florida, United States 653 6th Ave E, Crestview, FL 32536, USA Lat N 30` 46' 16.392" Long W -86' 34' 24.7332" 18/06/21 11:24 AM Crestview, Florida, United Status G53 6th Ave F, Crestview, FL 32536, USA Lot N 30° 46' 16,212" Lona W -86` 34' 24,3696" 18/06/21 11:24 AM 21-858 EXHIBIT 7 SEPTEMBER 21, 2021 r- {V• Date: June 4, 2021 Case #: 21-00000858 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 GMAC MORTGAGE LLC 1100 VIRGINIA DR FT WASHINGTON, PA 19034 Dear Property Owner, Thus Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 653 SIXTH AVE Tax Identification Number 08-3N-23-1701-0000-002.1 Legal: BEG SE COR LOT 2 MCCASKILLS, 2ND ADD W110 FT N150 FT E110, FT S150 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by Jane 21, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and SS00.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobla City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT #` Page 244 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000858 PROPERTY ADDRESS 653 SIXTH AVE ..OLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: ' 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty ofvthe owners, or other persons in control of property within the City to maintain their lot, tract or -parcel and the abutting right-of-waybut not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : Page 245 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER PROPERTY ADDRESS 21-00000858 653 SIXTH AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division CO 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 69 QUANTITY: 1 )ESCRIPTION: VACANT BUILDING STANDARDS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with•the standards set out in this title. 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may. include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). 1. Secure the vacant structure to prevent the entry of unauthorized persons. 2. Securing the vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the EXHIBIT # 1- Page 246 of 767 VIOLATION DETAIL PAGE 3 • CASE NUMBER 21-00000858 PROPERTY ADDRESS 653 SIXTH AVE CORRECTIVE ACTION REQUIRED : owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. 00-1181T #� Page 247 of 767 • CO !.: T F. ilk. sm!!` 7-107 tpoWite Items 1, 2, and 3. :..Pfl t•your name end address on the reverse so that we can return the card to you. Attach this card to the back of the mailplece, or on the front If space penults. - D. M delivery address Metent floor Item 1? Er Yes If YES, enter livery eddtese below D No 6hac raOer5itGE � 1100 ✓•le6rNiA 1� TT- p"ASY/%N6X1NrPA AO: Hililill II 1I1 11101 Ililt !1I 110111! 9590 9402 5522 9249 9956 10 - Miele Number (IJeneferti'vmservice lL D 7020 1290 0001 5682 A ignature akss tur'l Reeldeb3c1Dellrery D CidU ed' 0Certi Certified Mel ReahtatedDeINary Q Collect on Delivery D Coned on Delivery Raetrteted.ddemy i1Ml,red man 2236 ,tell 11 dDM"ei" PS Form 3811, July 2015 PSN 7530.02.000-9053 t3anrioa7ypa O Nifty MO exPo310 Registered Mans 0 =red Mal Restricted i] Return Receipt for Mentiendlee Restricted Pa eery Domestic Retnn Recast Page 248 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 22, 2021 Case #: 21-00000858 GMAC MORTGAGE LLC 1100 VIRGINIA DR FT WASHINGTON, PA 19034 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 653 SIXTH AVE Tax Identification Number: 08 -3N -23-1701-0000-002J Legal: BEG SE COR LOT 2 MCCASKILLS, 2ND ADD W110 FT N150 FT E110, FT S150 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 0$, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Page 249 of 767 CASE NUMBER 21-00000858 PROPERTY ADDRESS 653 SIXTH AVE 'IOLATION: CH 38 SEC 18 (d) QUANTITY: 1 D_ CRIPTION: DEMOLITION OF STRUCTURE DATE: 5/0S/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d). Any building or structure which does' not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38..70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in. a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is.a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all. debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 250 of 767 —. Nor .. +.... army PAGE 2 CASE. NUMBER 21-00000858 PROPERTY ADDRESS 653 SIXTH AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing permit, or approval Failure to obtain a Statute 553. work to correct a violation , a building from the Building Official is required. building permit is punishable by Florida For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 69 QUANTITY: 1 DESCRIPTION: VACANT BUILDING STANDARDS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained to keep the building secured. The design and color of ' boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). 1. Secure the vacant structure to prevent the entry of unauthorized persons. 2. Securing the vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the Page 251 of 767 CASE NUMBER 21-00000858 PROPERTY ADDRESS 653 SIXTH AVE CORRECTIVE ACTION REQUIRED : owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. Page 252 of 767 Complete items 1.2, and S. K Print your flare end address on the reverse so that we can return the card t0 you. is Attach this card to the back of the megpfeae, or on the front if space ._ 1. Mole flddroseed tO 6'clAre mogi&i Gt LLe. Moo JtR6IWN4 to . � � Ti l' W i1 i4 0 1 74 �_ / ..,..__ ., Mont Iron Nem 1 YE3, enter delivery address below: D No 9er+daa type 0 Pdoegr tmed _ 13 Adel Sipe Delivery ES passe 1AM ReOtluted 0 earned Meil fleeeloterlDear' 0 Moganom". inn Deliver 0 Swan Delivery Reeileted Ccivcry Restricted Dewey 2.. prHCta.thuelac /> '-ft'n.e+++ieia beio, iiiiIIIltIiIItIIlI 111111111111111111111111 9590 9402 6373 0.'3031373 83 702fl 129 ©001 5682 2366 046r PS Form 3811, July 2020 PSN 7530-02.00M05S, Domestic Return Receipt J EXHIBIT # Page 253 of 767 CITY OF CRESTVIEW . COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 { NOTICE OFPUBLICBEARING DATE: 8/19/2021 GMAC Mortgage LLC 1100 Virginia Drive Ft. Washington, PA 19034 RE: CASE# 21-858 Dear Property Owner. You are hereby formally notified that on September 21, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 653 Sixth Avenue, Crestview, FL 32536 more particularly described as: PIN# 08-3N-23-1701-0000-OO2J LEGAL DESCRIPTION: BEG SE COR LOT 2 MCCASKILLS 2ND ADD W110 FT N150 FT E110 FT S150 FT TO POB The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. Tithe Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be unposed If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). End: Notice of Violation EXHIBIT # Page 254 of 767 A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Code Compliance Officer 850.305.3702/850.612.9714 rah La Form S3A Appendix B Revised 2921 Page 255 of 767 STATEMENT OF VIOLATION Case # 21-858 653 Sixth Avenue Code of Ordinance Violated: Chapter 38 Section 18 (d) Demolition of Structure Any building or structure which does not meet the requirements of the Code and is -in sch a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: a. Obtain a building permit to demolish the structure and remove all demo 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. Page 256 of 767 Complete Items 1, 2. and S • Print your nerve and address on the reverse so that we can return the card to you. x Attach this card to the back of the na lipisoe, won the *ant if sperm hMade Addressed Ix — C oeQ 3 aF. L.f CI //00. g rs " q*'1 'q� 454 D .(-4 F e,0 p P re. III t1!II II1!111111I 111 1I�! 11I IIII! If 9590940263730303 '123904 0AVM x 77. to de1►iery d1lrtFwd'ben Item IrYE3% ender ddIVRY address below. 0 No 0 2. Able Number firfrom arks Ieb&) 7018 3090 0001 4430 1751 3. envies vivo pma nrilisv / d ausble ee aetiwy D OstlRed ear 0 Medan D Cl Wed en whir, k 4 Diatom lad Rasatoaed Deewry Ps Form 3811, ,July 2020 F rte2-00040M o Mai bow) Ilisisismi ■a'_ 0 1=sil riw Heesmrd D Opium Canainsiloavit Fiestastad Davy EXHIBIT # Page 257 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 653 SIXTH AVE DATE ADDRe3SLCCAMNOFIACIADON r= 6415-c -cc. AT . T S5�'rt �nir/�onwS �a.r1� :,ado . c ,W ('k c .) f o i c �' R e d rozruRE0 twee.,.-cam l l+`e, .1"' .;r ztisi•eer L"v4.14t tln IBC ORFECTNEXTENRREQUIRID CHAPTER 38.65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS O (g) SHUTTERS (h) EXTERIOR DOORS o (I) EXTERIOR DOOR FRAMES AND STOREFRONTS 0) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS )0 0) PORCHES AND BALCONIES A(m) STAIRS (n) ROOFS (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, ��AND VENT ATTACHMENTS ,C). •7! OVERHANG EXTENSIONS O (r) INSECT SCREENS o (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE 4(jv) EXTERIOR UGHT1NG (w) FENCES AND WALLS COMMENTS: ;.%061 flt,c4. 5574.11 ., r 7 c.,1. k+ . --�'�s r�,�. No s S 'r ( 1� C: door llrrj o� r d pechlnr hiv-C f'D1" ukel. t ✓ �f j + � �7t� love !tl Jx roof nAtrJ / t„fr i S ID. a j.�, j 1F � C � tE a+ir-tg eX i-e -;8•- t. �� 1��:.. �:� lI- of ,-�.. �. 741% -el, 4c0/ for PWMEDNAMECF • oFFI I4L DATE Page 258 of 767 r 653 SIXTH EXHIBIT 7A Page 260 of 767 653 SIXTH EXHIBIT 7A Page 261 of 767 653 SIXTH EXHIBIT 7A Page 262 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. GMAC Mortgage LLC 1100 Virginia Drive Ft. Washington, PA 19034 Respondents. Inst. #3591806 Blc 3651 Pg: 4484 Page 1 of 3 Recorded: 11/18/20221238 PM RECORDING ARTICLE V. $1200 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-858 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 21, 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, GMAC Mortgage LLC, whose last known mailing address 1100 Virginia Drive, Ft Washington, PA 19034, is the owner of the property located at, 653 Sixth Avenue, Crestview FL 32536 AKA PIN# 08 -3N -23-1701-0000-002J, and more particularly described as: BEG SE COR LOT 2 MCCASKILLS 2ND ADD W110 FT N150 FT E110 FT S150 FT TO POB 2. The conditions on the property consist of an consist of an unsafe structure. The violation(s) were first observed on May 1, 2021. A Notice of Violation was mailed by certified mail June 4, 2021 and received by respondent on June 18, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (d) and 69, of the City of Crestview's Code of Ordinances Page 263 of 767 and requested correction of the violation by June 21,2021. Re inspection of the property on July 13, 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 - Sec. 38-18 (d) and 69, 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: Page 264 of 767 8. On or before October 22, 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 October 22, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit to demolish the two accessory structures and remove all the debris from the property. b. Obtain a licensed engineer to conduct an inspection of the structure and submit a letter to the Building Official of his findings. 10. If the violation(s) are not corrected by October 22, 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. Done and Ordered on the 21st, Day of September 2021. CERTIFIED A TRUE AND Taylor Date 2027.09.28 CORRECT OPY 18:01:09 -05'00' BY'�I�r Wtwte DATE: tl-\�— — Digitally signed by Samuel B. Samuel 8. Taylor Special Magistrate 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. Page 265 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. GMAC Mortgage LLC 1100 Virginia Drive FL Washington, PA 19034 Respondents. Inst. #3492877 Bk: 3577 Pg: 786 Page 1 of 3 Recorded: 9/29/2021 3:07 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-858 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 21, 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, GMAC Mortgage LLC, whose last known mailing address 1100 Virginia Drive, Ft Washington, PA 19034, is the owner of the property located at, 653 Sixth Avenue, Crestview FL 32536 AKA PIN# 08 -3N -23-1701-0000-002J, and more particularly described as: BEG SE COR LOT 2 MCCASKILLS 2ND ADD W110 FT N150 FT E110 FT S150 FT TO POB 2. The conditions on the property consist of an consist of an unsafe structure. The violation(s) were first observed on May 1, 2021. A Notice of Violation was mailed by certified mail June 4, 2021 and received by respondent on June 18, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (d) and 69, of the City of Crestview's Code of Ordinances Page 266 of 767 and requested correction of the violation by June 21,2021. Re inspection of the property on July 13, 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 - Sec. 38-18 (d) and 69, 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: Page 267 of 767 8. On or before October 22, 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 October 22, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit to demolish the two accessory structures and remove all the debris from the property. b. Obtain a licensed engineer to conduct an inspection of the structure and submit a letter to the Building Official of his findings. 10. If the violation(s) are not corrected by October 22, 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. Done and Ordered on the 21st, Day of September 2021. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.09.28 18:01:09 -05'00' Special Magistrate 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. Page 268 of 767 Case # 21-791 418 N Spring St Owner of Record: Kenneth J & Connie M Siler 497 S Wilson St, Crestview, FL 32536 Origination Date: March 31, 2021 Origination Code: Anonymous Complaint Violations: Chapter 38 Section (d) — Skirting, Chapter 70 Section 70-27- Solid Waste Corrective Action Required: Remove the tires from the property and install skirting on mobile home. Notice Sent: 05/21/2021 Signed: 06/03/2021 Compliance Date: 06/01/2021 Inspected: 06/02/2021 Results: In Violation Notice Sent: 06/02/2021 Signed: 06/04/2021 Compliance Date: 06/16/2021 Inspected: 06/17/2021 Results: In Violation Notice Sent: 06/18/2021 Signed: 06/19/2021 Compliance Date: 07/01/2021 Inspected: 07/02/2021 Results: In Violation Public Hearing Notice Sent: 07/08/2021 Signed: 07/23/2021 Hearing Date: 08/17/2021 Property remains in violation. Order Recorded: 08/24/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 08/31/2021 Daily fine: $250 Start: 09/18/2021 Fines: $137,250 as of March 20, 2023 (not including interest) Property Value: $5,016 Page 269 of 767 Case # 21-791 418 N Spring St Related Properties: Vacant Lot Booker St 17-3N-23-2490-0076-0120 Case # 21-385 Found in Compliance 3/17/2021 Violations: Recreational Camps 247 S Booker St 17-3N-23-2490-0079-0040 Case # 18-1373 Found in Compliance 12/17/2018 Violations: Chapter 70- Solid Waste, Debris 497 S Wilson St 17-3N-23-2490-0129-0030 Case # 22-198 Hearing Date: April 19, 2022 Fines: $58,500 Violations: Inoperable vehicle/parts, Trash/Debris, Abandoned Appliances 257 W Bowers Case # 16-812 Violations: Bags, Fecal Smell 235 W Bowers Case # 18-1095 17-3N-23-2490-0133-0050 Found in Compliance 12/20/2016 17 -3N -23-2490-0133-006B Found in Compliance 8/14/2019 Violations: Working Without Permit Case # 21-1220 Found in Compliance 2/4/2022 Violations: Trash/Debris, Recreational Camps Case # 22-329 Found in Compliance 1/13/2022 Violations: Recreational Camps Case # 22-710 Found in Compliance 4/27/2022 Violations: Recreational Camps 404 Beech Ave W 17-3N-23-2490-0178-0120 Case # 15- 481 Found in Compliance 8/13/2015 Violations: Chapter 70- Solid Waste Case # 19-806 Hearing Date: 11/17/2020 Fines:$108,500 Found in Compliance 3/10/2022 Violations: Criteria to Demolish Vacant Lot Blakely Ave 20-3N-23-0000-0107-0020 Case # 21-782 Found in Compliance 5/21/21 Violations: Vegetation/Trash/Debris, Chapter 70- Solid Waste Page 270 of 767 CASE 21-791 418 N SPRING STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 2 Page 271 of 767 418 SPRING ST N 404 SPRING ST N EXHIBIT # .� Page 272 of 767 Crestview, Florida, United States 418 N Spring St, Crestview, FL 32536, USA Lot N 30° 45' 32.7996" CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0896 Date: May 21, 2021 Case #: 21-00000791 KENNETH & CONNIE SJLER 497 WILSON STR S CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 418 N SPRING ST Tax Identification Number 17-3N-23-2490-0057-0110 Legal: CRESTVIEW LOT 11 BLK 57, , R the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 01, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the runt offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobla City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXH1B, i 2 - Page 275 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST' VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 4/05/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been -prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which havebeen previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not -be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 276 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST CORRECTIVE ACTION REQUIRED e You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 65 SKIRTING QUANTITY: 1 DESCRIPTION: SKIRTING DATE: 5/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.65 below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (c) Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18 (k) QUANTITY: DESCRIPTION: VEGETATION -WEEDS DATE: LOCATION: 1 5/21/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Page 277 of 767 v 1lainTI M 1 ISTA1L CASE D ER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST ORDINANCE DESCRIPTION,: • Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. PAGE 3 EXHIBIT # 2 -- Page 278 of 767 r Complete jleplefjkand4ii. Print your naMe and ad s on the reverse so that we can retum the card to you. '' Attach this card to the back of the mailplece, or on the t ff space permits. 7. Article Addressed to: --- K&NNEIN 0kE2 k9?- s nvicdov sf�. Cieawieu/)iL32� ii iiiiri g ijjijjj 1! UII 1111 11111 111 9590 9402 5522 9249 9959 31 C07,1Pi.ETE TH 5 SFG77C.: c.:r CELI;,E?'r CI Agent f f] Addles Rsys � C. Date of DOP( 44. .rL j. 1 `r.71 IS delivery address dfferent from item ? ❑ Its If YES, enter delivery address below: f No Sento 'Mx la Priority WI &pima itit Signature 1 Registered Mailm Restricted Delivery 0 grt4ned Mal Reg o Cerii led Mall Restricted De,Ivsy p Return Receipt for Collect Merchandise 2. Article Number Minster from service la�J o cored on � Restricted Deilvery eallatigroCcinitimdt 7020 1290 0001 513$2 1277 insu Medred Mall Signature Confined' ;*#1:7-338m1 T1 J X1i5 PSN 7530-02-000-9M DOM Domestic Return Rem XH1B1T Page 279 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 Date: June 2, 2021 Case #: 21-00000791 KENNETH & CONNIE SILER 497 WILSON STR S CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 418 N SPRING ST Tax Identification Number: 17-3N-23-2490-0057-0110 Legal: CRESTVIEW LOT 11 BLK 57, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 16, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.40 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # 2 --- Page 280 of 767 vsuLA' IUN DETAIL CASE NUMBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST PAGE 1 • VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 4/05/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons., acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # 2 - Page 281 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 65 SKIRTING QUANTITY: 1 DESCRIPTION: SKIRTING DATE: 5/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to,the lower outside perimeter of the structure. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.65 below, a building permit,or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (c) Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 )ESCRIPTION: VEGETATION -WEEDS DATE: 5/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. EXHIBIT # 2 - Page 282 of 767 VIOLATION DETAIL PAGE 3 CASE NUNBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street ,and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. Page 283 of 767 a rt] N .11 U.S. Postal Service CERTIFIED MAIL RECEIPT Domeslrc Marl Orel y cr-cs ery mfoi rn 1Lnll. viii our rrebsile ,3t .vwv.. sps.con] tkii 1. Rea 13. ., R covy) �a leas- z l{K(Wcw�i4anlq r.d _"raid bl f H,elrWnd OeYwry 1 Cl a Rralcad Davey O PceNIII Cep R" � ,iti "aalys acid i" Lek 14--'_+��-•�srf':r rf N.7= - Complete Items% 2, and 3. Print your name and address on the reverse so that we can return the card to you. - Attach this card to the back of the mailptece. or on the front • 1. made -1Aridrr ed_ 1 cl Agent CI Adchessee_ . Dater f Delivery D. isdeNveryaddress dreamt fromitem1? Yee tt YES, enter delivery address below: O No i s, servbe7YPe LlflhIIII1 Ift11111111111111I11I , :, t» ' N ` 9590 9402 5522 9249 9956 96 a cued Maa d war Dy fl pzediator 0 Caned onDeauery��y." . "' Me 0 cow, M very Rotated Delye 0 elrahs ni 2 ArHde Number se 01 rams 5 anse ated arryn 7020 1290 OOOI 5652 2144 , dDea�ern Domestic Return Retail* is Farm 811, July 2015 PSN 753°-024004053 Page 284 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0898 Date: June 18, 2021 Case #: 21-00000791 KENNETH & CONNIE SILER 497 WILSON STR S CRESTVIEW, FL 32536 Dear KENNETH & CONNIE SILER, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 418 N SPRING ST Tax Identification Number: 17-3N-23-2490-0057-0110 Legal: CRESTVIEW LOT 11 BLK 57 If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 285 of 767 V 1'.JLU 1 1 VLY Lii 11'y1L CASE NUMBER 21-00000791 PROPERTY .ADDRESS 418 N SPRING ST .VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 4/05/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # 2 - Page 286 of 767 CASE NUMBER • 21-00000791 PROPERTY ADDRESS 418 N SPRING ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at. an approved facility. VIOLATION: CH 38 SEC 65 SKIRTING QUANTITY: 1 DESCRIPTION: SKIRTING DATE: 5/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Prope'rty Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property., (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.65 below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (c) Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 )ESCRIPTION: VEGETATION -WEEDS DATE: 5/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 -, Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 2 - Page 287 of 767 CASE AMBER 21-00000791 PROPERTY ADDRESS 418 N SPRING ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # !� ;VA., Page 288 of 767 ti rn ru Tu eaI ..0 U.S. Postal Service CERTIFIED MAIL' RECEIPT Domestic Mart Only r niormdrion v•a' our - E.a: O ■o�blr. _ r_...r :..ard ua esowi.d 4 ❑Adtlk apruw tti9ri,d OAduaeMea+sreraw,dI e Q a rr 4 iu 36 c3 1: 6:11:,e.E,..3;4;t.o.i.rruzi_....... ) :a .,. sl 5, :,:c..,... .. Complete Items 1, 2, and 3. Print your name and address on the reverse so that vue oar, ret un the card to you. Attach Ns cad to the back ot the maniocs, or on the front If space perdu. 1. Mole Addreseed toc kgge %Lad itogp 4svi iLCONSte) C rt0 ; ) " W IIIJiIJJ1I1JviAi11mmui�iini111 a a 2. AtdGe Number Munster lYan aervke a ?00 ° 1290 0001 5b82 2342 PS Form seTi, July 20!u (er$N Pow Here - t1 t�= C. Date of Deem D. le deliverywickets dflerentbon Item 1? ❑'+m. U YES. enter derlvery add be ow: p Service 1e ° P Mew Env ..-sy, elgembie elenemeneetected Velum 0Corned Men =WIItvettettid ,. Coulee WrMmablctedRevive °ater.raraceda„,rion CoNectonCaberyy 0tegn neeCortaennran Collect en Delivery Restdded Odor, Finiecied Calvary bisue. A Roweled Dewing Dtvreetle Return Recoil% EXHIBIT # 2 - Page 289 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 7/8/2021 Siler Kenneth J & Connie M 497 S Wilson/St Crestview, FL 32536 RE: CASE# 21-791 Dear Property Owner: You are hereby formally notified that on August 17, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 418 N. Spring Str, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0057-0110 LEGAL DESCRIPTION: CRESTVIEW LOT 11 BLK 57 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day fora repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). .A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Olcaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation EXHIBIT # v Page 290 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Form 53A Amodio Rather 2=1 Page 291 of 767 STATEMENT OF VIOLATION Code of Ordinance Violated: Ch. 70 Solid waste and Recycling Sec 70-27 Refuse not acceptable for collection (7): Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (7) Animal waste, dead animals, or tires. Corrective Action: You may abate the violation by properly selecting these items and disposing of it at an approved facility. Code of Ordinance Violated: Ch. 38 Sec 65 Skirting (d) 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within'the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.65 - Standards for Improved Property. d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. Corrective Action: Obtain the proper permit and install, secure, replace or repair the skirting. Page 292 of 767 Code of Ordinance Violated: Ch 38 sec 18 (k) Vegetation -weeds. 1. Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action: Remove the vegetation and/or weeds from property. Page 293 of 767 s e U.S. IPostal CERTIFIED IV�A%'L� RECEIPT CEDE aAT:%eFzx Ma" Only ::v :)=71r. i•ai delivery Itit0lrtiStkon. Jrstt nor 'vret]5+1C at '•,. t it WI, rid time ru OI, twin Meet Rercuncid, :, 9,010.6el Rewoud°elven! u, 'Auk signature, Rialswee .3 �_ O —twit slg utor eltwpy t< lµ� Irmo A • °1 N iN�YI —_ O r - Complete Items 1, 2, and 3. Print your name and reverse so that we can return the e card o you. Attach Attach this card to the back of the mallpiece, or on the front If space perms. 1. Article Addressed to: oONNI� -I° V441" 3 IL° S W1t,so' c f rvlV.wf 1 32630 •,) '41 1i1 1111111m111111111u1IIIH IIIII nSorvioo Natty Ha aims® 9590 9402 5522 9249 99$7 85 ❑UR d M�� > d ❑ �l5tar*i M I r r� Q Oe Ceda fkor� Reeticbsi Delivery M flgregpllar 2. Article Humber �11snsfer from Banda, Jsba _ —PS Form 3811, .fury2015 PSH,53o.02-0 -- Domestto Return Receipt EXHIBIT # Z _ Page 294 of 767 anDslfaerlieltitted y p � Go 7021 Z29d Oua 2346 7194 I Ree ested VeRwry CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wlison Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, Inst. #3483010 Bk 3569 Pg: 1009 Page 1 of 3 Recorded: 8/242021 10:35 AM RECORDING ARTICLE V: $1200 RECORDING $15.00 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY FLORIDA vs. CASE# 21-791 Kenneth J. and Connie M. Slier 497 S Wilson Street Crestview, FL 32536 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 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, Kenneth J. and Connie M. Siler, whose last known mailing address is 497 S Wilson Street Crestview, FL 32536, is the owner of the property located at, 418 N. Spring Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0057-0110, and more particularly described as: CRESTVIEW LOT 11 BLK 57 2. The conditions on the property consist of a stack of tires placed by the street that is not acceptable refuse for collection and must be taken to an approved facility for disposal. Also, the required skirting has not been placed around the mobile home.. The violation(s) were first observed on March 31, 2021. A Notice of Violation was mailed by certified mail Page 295 of 767 May 21, 2021 and received by respondent on June 3rd 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and Recycling Sec. 27 (7), and requested correction of the violation by June 1, 2021. Re inspection of the property on June 2, 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 - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and Recycling Sec. 27 (7). 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 Page 296 of 767 that the fine is reasonable and appropriate under the circumstances, taking into aceount 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 September 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 September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): 10. If the violation(s) are not corrected by September 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 unposed herein shall accrue interest at the rate of 6.77% per annum until paid. Done and Ordered on the 17, Day of August 2021. Speci a'Magistrate 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. Page 297 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Kenneth J. and Connie M. Siler 497 S Wilson Street Crestview, FL 32536 Respondents. Inst. 413591808 Bk: 3651 Pg: 4490 Page 1 of 3 Recorded: 11/18/202212:38 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-791 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 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, Kenneth J. and Connie M. Siler, whose last known mailing address is 497 S Wilson Street Crestview, FL 32536, is the owner of the property located at, 418 N. Spring Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0057-0110, and more particularly described as: CRESTVIEW LOT 11 BLK 57 2. The conditions on the property consist of a stack of tires placed by the street that is not acceptable refuse for collection and must be taken to an approved facility for disposal. Also, the required skirting has not been placed around the mobile home.. The violation(s) were first observed on March 31, 2021. A Notice of Violation was mailed by certified mail Page 298 of 767 May 21, 2021 and received by respondent on June 3rd 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and Recycling Sec. 27 (7), and requested correction of the violation by June 1, 2021. Re inspection of the property on June 2, 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 - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances, Chapter 38 Section 65 (d) Skirting and Chapter 70 Solid Waste and Recycling Sec. 27 (7). 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 Page 299 of 767 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 September 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 s 250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): 10. If the violation(s) are not corrected by September 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. Done and Ordered on the 17, Day of August 2021. CERTIFIED A TRUE AND CORRECT COPY S46+ rr _ Special Magistrate BY: City of Crestview, Florida DATE: Z !` 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. Page 300 of 767 CASE 21-792 404 N SPRING STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 3 Page 301 of 767 i 418 SPRING STN I L404 SPRING ST N 1 EXHIBIT # v Page 302 of 767 CASE # 21-792 404 SPRING ST N MAY 20, 2021 EXHIBIT 3 Page 304 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: May 21, 2021 Case #: 21-00000792 Kenneth J Siler 497 S Wilson St CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 404 N SPRING ST Tax Identification Number. 17-3N-23-2490-0057-0120 Legal: CRESTVIEW LOT 12 BLK 57, , If the violation(s) noted in the at+achrd Statement of Violation (Violation Detail), are not corrected by June 01, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@ciityofcrestview.org VOMIT p Page 305 of (b7 VIOLATION DETAIL CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST VIOLATION: CHAPTER 70 QUANTITY. DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: l LOCATION: 4/05/21 ORDINANCE DESCRIPTION : Sec. 70-27. —Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : PAGE 1 EXHIBIT # Page 306 of 767 CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST CORRECTIVE ACTION REQUIRED You may abate the violation by disposing of the deb approved facility. debris at an VIOLATION: ---- 65 SKIRTING- - ------ CH 38 SEC DESCRIPTION: ---------------- LOCATION: SKIRTING QUANTITY: 1 DATE: 5/20/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall, be the duty of the owners, or other control of property within the City to Persons in tract or parcel and the abutting riht-of-wa in b their lot, including that area which is paved as roadway but not with the standards set forth. Y consistent 38.65 - Standards for Improved Property. (d) Skirting shall be maintained free from broken or m' sections, pieces, or cross members. Skirting shall missing outside perimeter ofdthe Z structued from re. CORRECTIVE hall be ground to' the lower CORRECTIVE ACTION REQUIRED : 38.64 - GENERAi, PROVISIONS. (g) Building Permits: Prior to commencing correctwor to violation as described in section 338.6 elow, a buildi a permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. VIOLATION DETAIL You may abate the violation(s) by conducting the following ---------(c)- Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18-(k) --- - ---`-- DESCRIPTION: VEGETATION -WEEDS QUANTITY:--------- LOCATION: DATE: 1 5/20/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintatract or parcel and the abutting riht-of-waylbutht not lot, including that area which is paved as roadway consistent with the standards set forth. PAGE EXHIBIT # Page 307 of 767 CASE NUMBER PROPERTY ADDRESS VIOLATION DETAIL 21-00000792 404 N SPRING ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 uncultivated vegetation (k) Grass, weeds, and . uncultivated vegetation. All grasses or weeds, and in hei ht on i , shall not exceed twelve (12) inches 9 improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation b y removing the vegetation, or weeds from the property, PAGE EXHIBIT # Page 308 of 767 qlja • Comp e Print your nahie and add on the reverse so that we can return the card to you. ' Attach this card to the back of the maiip1ece, or on the front if space per, 1. Article Addressed to: K 1 T4gE /J- ° 'W L S~et rru ie'tV, 3 _ 11111111111111111111111 9590 9402 5522 9249 9959 31 2. Article Number (palmier from service 7020 1290 0E01 5682 1277 taiR ► Agant i7 Add 0A ited ) • C. Date of Deli . 18 c +ery different f,vm Rent l? Ci Yes tf YES, enter delivery address below: Q No P5 Form 38T1 ; July '2;015 PSN 7534.02-000-9o5S Domestic Return Roc( „, gage gig of 767 Service Type eftSignature r+e Adult S Restricted Delivery 0 Conned Mane Certified Men Restricted Convoy DeliverY 0 Collect aCollect�i Insured Mail vRotated Delivery ress 0 Registered M0 Priority Mill a r ile tered Mai Rea 0 _Return Receipt far Merchandise 0 Signature Confirm* CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 2, 2021 Case #: 21-00000792 Kenneth J Siler 497 S Wilson St CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 404 N SPRING ST - Tax Identification Number. 17-3N-23-2490-0057-0120 Legal: CRESTVIEW LOT 12 BLK 57, , If the violations) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 16, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 310 of 767 VIOLATION DETAIL CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST VIOLATION: CHAPTER 70 QUANTITY: DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 4/05/21 LOCATION: ORDINANCE; DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid' waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : PAGE 1 EXHIBIT # 3 age 7 VIOLATION DETAIL CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 65 SKIRTING DESCRIPTION: SKIRTING QUANTITY: LOCATION: DATE: 5/20/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.65 below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (c) Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/20/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. PAGE 2 EXHIBIT 3 Page 312 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # 3 Page 313 of 767 ru ru w a O Q CI TM CI t~ U.S. Postai Service CERTIFIED MAIL RECEIPT DOmesbc ^n7; Fordc'I :rr •nfor.na' -, •isit. . .•+ebs'• ir .v:viti sr rn idled M.IW.e tra ei+ucae &FeesLCCI aac.d t R.aart$140001 $ a3awmR.u,raiNwarrmxn $ DCelled ►wn...me.dDellowy $ © Mut earwn.nlcsidDMwey$ o 54 .t- At SA. Hale Complete Items 1, 2, and 3. Print your name and address on the reverse so that we can return the Card tb you. Attach this card to the back of the maliplece, or on the front If space per -nits. 1. ArUc a Addressed yp: 4°P SttLC srT 'few)? rt.. 35' IJIIIIIIlIItJIIIJIIII1lIII I UII 1111 I 1 9590 9402 5522 9249 9957 02 2 Artl«e Number (fia s1erfrom service labed) 7020 1290 0001 $ 8.Setvicelype tat Somme d Certified Men 0 Certified Aid ReelrlotedDelivery n Cobden Velvety O Coiled n y Deltroy0 bound Mm Resetted Deem 6$2 2120 Domestic RettrmReceipt ;s7,, G Agent ❑ Addressee C. Date of Delivery j b. ,= .�derveryaddiesadl(Ierentfiomgem1? ID Yes if W, enter delivery adds below: p No CI Wally MetExprees. 0 Registered Man O=red Mau Restdctedi D undies tior SpnatusConertnedlonTs 0 Signature Confirmation &ablated Delivery EXHIBIT # ✓ Page 314 of 767 CITY OF CRES'IVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 18, 2021 Case #: 21-00000792 Kenneth J Siler 497 S Wilson St CRESTVIEW, FL 32536 Dear Kenneth J Siler, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 404 N SPRING ST Tax Identification Number: 17-3N-23-2490-0057-0120 Legal: CRESTVIEW LOT 12 BLK 57, , If the violations) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 01, 2021, this case may be scheduled for a public hearing before the City ofCrestview's Special Magistrate. The Special Magistratehas the authority to impose tines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, CodeCompliance Officer EXHIBIT # Page 315 of 767 VIOLATION DETAIL PAGE 1 ASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOL/D WASTE & RECYCLING CH 70 DATE: 4/05/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT'' 3 Page 316 of 767 V 1VLkj11UM JJL` 1jj3.y� z `CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 65 SKIRTING QUANTITY: DESCRIPTION. SKIRTING 1 LOCATION: DATE: 5/20/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.65 below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (c) Install, secure, replace, or repair, the skirting. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/20/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Page 317 of 767 VIOLATION 1J151'A.L `CASE NUMBER 21-00000792 PROPERTY ADDRESS 404 N SPRING ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. PAi;15. EXHIBIT # 3 Page 318 of 767 ort rn m ru U.S. Postal Service RECEIPT CERTIFIED MAIL Dornespc ia7" OflIv ru cr<3 * Complete Hems 1.2, and 3. " Pant your name and address on the reverse so that we can run the card to you. Attach this card to the back of the n>ailpiece, .or on the front If space permits, . MrcdeAddrsseed a itgq- 5 W ii. N 574 C, TJi j �-�C 5.2538 SENDER: COMPLETE THIS SECTION 9. .57/0A a teredrwre;, a Addressee C Date of Delivery • k delvey address Margot from a lf YES, enter delivery address below: Rawl? 3 IIH!llillllllliiijii 1 11I III INI 1llp11I 1111 .1°Atasertal`t°,,IP'eftthidedcwimY 9590 9402 637 13 is Certified Ma Resirlded 2. Artlge timber {r►arr r Mary Caw/ 7020 1290 0001 5682 2335r : PS Form 3811, July 2020 PSN 7530.02-000-9053 QMadly kW Souse ye Res1rkted elartalum a conf er Reeofined Davey Domestic Return Receipt Page 319 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview,11, 32536 (850) 683-o896 NOTICE OF PUBLIC HEARING DATE: 7/8/2021 Slier Kenneth J 497 S Wilson St Crestview, FL 32536 RE: CASE# 21-792 Dear Property Owner. You are hereby formally notified that on August 17, 2021, at 5:30 P.M, there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 404 N. Spring Str, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0057-0120 LEGAL DESCRIPTION: CRESTVIEW LOT 12 BLK 57 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, orthe condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Erick Nonce of Violation EXHIBIT # 3 Page 320 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Fars MA Appordh $ mn EXHIBIT # Page 321 of 767 STATEMENT OF VIOLATION Code of Ordinance Violated: Ch. 70 Solid waste and Recycling Sec 70-27 Refuse not acceptable for collection (5 & 7): Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (7) Animal waste, dead animals, or tires. Corrective Action: You may abate the violation by properly selecting these items and disposing of it at an approved facility. Code of Ordinance Violated: Ch. 38 Sec 65 Skirting (d) 38.65 - Standards for Improved Property. d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. Corrective Action: Obtain the proper permit and install, secure, replace or repair the skirting. Code of Ordinance Violated: Ch 38 sec 18 (k) Vegetation -weeds. (k)Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action: Remove the vegetation and/or weeds from property. EXHIBIT # Page 322 of 767 S rat f`• t TAF,:a. ,...p... --or iFj..s _leat 1 C3 � U.S. Service— CERTIFIED AIL` RECEIPT f. osicrS}ir Ma,i t)rril ;vt°tw.u5v.5.::orn� e3 Dss-V Tr No rR r- 111 Complete Items 1, 2, and 3. W Print your name and address on the reverse so that we can return the card to you. qt Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: �pNNI� Ifni �' I/44'0I � Il°t2 9Y+ S wi,ma sr CQEsrviw, fi 11111111111! 9402 5522 9249 9967 85 IB 1Af�IMIIAIYA GI Agent 11•Acdressee -Nifty C. Date of Delivery• r. • , . Is delivery address different from kern 1T O Yes if YES, enter delivery address below: iNo 3. Service 'type AddultSignarenaturetamer, 0 Priortty Mall Expresser 0Registered M eruned Mahe 0Re stared Melt Restricted 0 oDeliv Rvirr Certified Mali eep(otai +Y Q Receiptfor 2. Article Number firar7s>er from service fsbell ❑ Poled on . _, DeNusry ReeMeted petMsry 0 Signature �,., Mall Restricted Delivery 7020 1290 0001 2346 7194 PS Form 3811, July 2015 PSN 7530.02-000-9053 Domestic Return Receipt Restricted Delivery EXHIBIT # Page 323 of 767 Case # 21-566 621 W Walnut Ave 3wner of Record: Heirs of Corrine E McLaughlin 819 W Walnut Ave, Crestview, FL 32536 Origination Date: 2/19/2021 Origination Code: Proactive Violations: Chapter 38 Section 4- (1) Inoperable vehicles Corrective Action Required: Remove the inoperable vehicles from the property or bring the vehicles into a state of compliance. Notice Sent: 2/19/2021 Signed: Returned to Sender Compliance Date: 3/1/2021 Inspected: 3/2/2021 Results: In Violation Notice Sent: 3/3/2021 Signed: Returned to Sender Compliance Date: 3/12/2021 Inspected: 3/12/2021 Results: In Violation Public Hearing Notice Sent: 6/11/2021 Signed: 6/14/2021 Hearing Date: 7/20/2021 Property remains in violation. Order Recorded: 8/24/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 8/21/2021 Daily fine: $250 Start: 8/21/2021 Fines: $138,750 as of February 27, 2023 Property Value: $7,323 Related Properties: N/A Page 324 of 767 CASE 21-566 621 W WALNUT EXHIBIT 4 TUESDAY, JULY 20, 2021 Page 325 of 767 Crestview, Florida, United States 625 W Walnut. Ave. Crestview, FL 32536, USA Lat. N 30' 45' 10.3356" Long W -86' 34' 21.1944" 19/02/21 11:25 AM • CASE 21-566 621 W WALNUT Creslpi. 0 ti Walnut Ave Go gfe Crestview, Florida, United States 229 S Lincoln St, Crestview, FL 32536. USA Lat N 30° 45' 10.8828" Long W -86° 34' 20.0676" 18/03/21 01:26 PM Crestview, Florida, United States 229 S Lincoln St, Crestview, FL 32536, USA Lat 30.75302° Long -86.572367° 20/07/21 07:41 AM GPS M:,p Can,r,, EXHIBIT 4 Page 327 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: February 19, 2021 Case #: 21-00000566 Conine McLaughlin 819 W WALNUT AVE CRESTVIEW, FL 32536-3921 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 621 W WALNUT AVE Tax Identification Number: 17-3N-23-2490-0124-0020 Legal: CRESTVIEW LOT 2 & El0 FT LOT 3, BLK 124, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the antharity to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Amine Alcaltia City of Crestview Code Compliance Biker 850-306-3699 (office) 850-612-5072 (cell) EXHIBIT # Page 328 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than -four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in!a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT -4- Page 329 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE CORRECTIVE ACTION REQUIRED • You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. XH1B1T # 4 Page 330 of 767 L9L JO 1-££ abed aty of Crestview Community Development Services P. O. Box 1209 Crestview, Florida 32536 QQ�� C ARP:-4 pz • s PR 11 i 11 Pill i 111 71318 3090 0001 4427 9623 7018 3090 01301 4427 9623 City of Crestview Community Development Services P. O. Box 12Q9 Crestview,Florida 32536 4101iiiiml 11 NEOPOST 01 15 US POSTAGE polo r• NE OpoST 02/t2 12021 US POSTAGE f;RSI Cl ASS MAP $000.90° 35 HtIL?L 7018 3090 0001 4427 9623 CORige ricol-ueig-aq Eics W vUtuc1T Ohl 3253,E 1 XrE 2,1 322 DC I 6692/24!21 ZIP 32536 041M11297338 $000.002 ZIP 32536 041 M11297338 NEOPOST 5 POSTAGE i ;RSr • I ASS MA!1 $006 902 l: ZIP 32536 CC 041M11297338 NEoPoST a2.rx202r US PoTAG€ $000.Os2 ZIP 32536 1'i fs`sw.. TO SENDER UNAELE TO FORWARD 33.44i.g'ANK 6C: 32536126969 *21E7 -16131-19-3g �g i!!l;1l:ll;::,!l1lhliti!!tl:l!!ili:l1il1lljll1!}Pr,t 1,! r a t :lrr; . 1; 4;i; 1 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: March 3, 2021 Case #: 21-00000566 Corrine McLaughlin 229 S Lincoln Str Crestview, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property'belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 621 W WALNUT AVE Tax Identification Number 17-3N-23-2490-0124-0020 Legal: CRESTVIEW LOT 2 & E10 FT LOT 3, BLK 124, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 12, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, florin 1e City of Crestview Code Compliance Officer 850-306-3699 (Ace) 8511-S12-SS872 (ceR) EXHIBIT # 4 - Page 332 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : 4 Page 333 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash,garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. EXHIBIT # �I Page 334 of 767 City of Crestview Community Develo pment Services P. O. Box 1209 Crestview, Florida 32536 idcrYj 1))\1' 1 7018 3090 0001 4427 9722 325 NEOPO ST L'' V32 021 rkuSSELL MIS\-k)G1k604 ("?` 2Qj 13,k4,t_tA Cibe 9 -N t EuZJ � '�i1., 3 a NIXIE USPO STAGE FIRS1 CLASS MAit $ 000.962 ZIP 32536 041M11297338 3222 i3£ CO1b3r 12/22 NO SkCH NUMBER. 11 A ARIzE TO-POKW•f R i SR BC. 32'S36120986 2`2636-63686-63-36 32B4462 Stta tli:tt:ai�la�tt�a�+ttitlEE�I°t.��i.�: .� .iP�;:ii:�i7�3; Page 335 of 767 22L6 L2hh Z` 1 060£ 9'C0L CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: March 12, 2021 Case #: 21-00000566 Corrine McLaughlin 229 S Lincoln Str Crestview, FL 32536 Dear Conine McLaughlin, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 621 W WALNUT AVE Tax Identification Number: 17-3N-23-2490-0124-0020 Legal: CRESTVIEW LOT 2 & E10 FT LOT 3, BLK 124, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 22, 2021, this case may be scheduled for a public hearing before the City of Cr stview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # 41{". Page 336 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE VIOLATION: CHAPTER 70 QUANTITY: DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # 4 Page 337 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 2/19/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. VIOLATION: CHAPTER 38 SECT. 38-4 (1) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLES DATE: 3/12/21 LOCATION: NARRATIVE : 3/12/2021, 4:23:56 PM CRESFMA I am adding to this list of violations, IOV, because those cars/van/truck WERE THERE LONGER THAN 72 HOURS, so I need to address it. ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38-4 (1) - Maintain a public nuisance prohibited Inoperable vehicles are a nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame, vehicle body, or parts, shall be parked or stored on any property, public land, right-of-way, or easement. Any vehicle or 4 Page 338 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000566 PROPERTY ADDRESS 621 W WALNUT AVE ORDINANCE DESCRIPTION : inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavators, front end loaders, which by quantity, placement or visibility would in any way constitute a public nuisance as defined in this Chapter shall be considered to be a violation of this code and subject to penalties as outlined in this Chapter. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). Having the inoperable vehicle, motorcycle, minibike, all -terrain vehicle, boat, excavator or front end loader, repaired to an operating state, affix a current license plate to it, or remove it from the property. EXHIBIT # 4 Page 339 of 767 L9L JO 017£ abed City of Crestview Community Development Services P. 0. Box 1209 Crestview, Florida 32536 7020 1240 0001 2346 7576 1 Mt' ® Ilk " t,1 ' iR 111111111111011 7020 1290 01101/7iipL/'i 76 CL9\ S 11(4.0.6J4 q 0 a Imcn p V rn rn NEOPOST US POSTA GE ,Rs/ a ASS MAu $OO6.96! ZiP 32536 041M11297338 (41c 322.zi NIXIE 322 DC 1 0903/19/21 MCC a 32536>1209 RETURN TO SENDER ATTE;'P TEO - NOT KNOWN UNABLE TO FORWARD 32535120909 *0238-82.849-19-23 4a""P"1Ill'ii'dH111ii4"041lln1Olid"r"!1llll11 CITY OF CRESTVIEW COMMUN1TYDEVELOPMENTSERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 0619/2021 Heirs of Corrine E McLaughlin 819 W Walnut Avenue Crestview, FL, 32536 RE: CASE# 21-566 Dear Property Owner: You are hereby formally notified that on July 20, 2021 at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North Crestview, Florida in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel ofproperty belonging to you located at 621 Walnut Avenue West, Crestview, FL, 32536, more particularly described as: PIN# 17-3N-23-2490-0124-0020 LEGAL DESCRIPTION: CRESTVIEW LOT2 & E10 FT LOT 3 BLK 124 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. Ifa violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or it eversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). Encl: Notice of Violation EXHIBIT g 4 Page 341 of 767 A certified copy of an Order imposing a fme, or a fme plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Florin Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Form 53A Appendix 1 Revised 2021 EXHIBIT Page 342 of 767 STATEMENT OF VIOLATION 1. Code of Ordinance Violated: CHAPTER 38 SECTION 38-4 (1) Inoperable vehicles are a nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground formosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame. vehicle body. orparts. shall be parked or stored on any properly. public land, right-of-way, or easement. Any vehicle or inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavatozs, front end loaders. which by quantity,placement orvisibility would in any way constitute a public nuisance as defined in this Chapter shall be considered to be a violation of this code and subject to penalties as outlined in this Chapter. Corrective Action: Remove the inoperable vehicle or bring the vehicle into a state of compliance. EXHIBI Page 343 of 767 U,S. Postal Service CERTIFIED MAIL' RECEIPT Domestic Mail Only Fa+ dot6A-,y intormiGon visit our :+ ebsrte •11 ,_ivw LISPS COW ik 0 17":zva�:7,Jx � o • n w. j •••":„, t 1 1.. 1-7,,,, ! II kN T 3 fix,- N Q [`• of Mi I Complete Items 1. 2, and 3. Fr Print nanie the reverse so thattww�re return m the card onaddress to you Attach this cab to the back of the mattpiece, or on the front If apace permits. 1. A►ad„a 41r[is 0?tr4tWf.-E M �6IHu 819 W Wa1>n�t rkv?' 3 3 11111111111111111111111111111 9590 9402 5522 9249 9973 86 -.r. ._ : TI tf sr'C. 10 II .+l1 'YE ^ f DAgent 0 Addressee pide of Delivery D. le delivery address l went from Item t? No �No r"B In. Restricted DeRvery iCetendied Mall Restricted Nasty 2. Article Wumbar.(l7arlsl§rAnur, aernka, O c on Ci Coact an°pelkeiYantdated , 7020 3160 0001 0731 1813 ery PS Form 3811. July 2015 PSN 7590.02•{ OO.8O53 Domeedo Reran Receipt Id:calif Bonus. gCed ofacfor 0 siren Conant/Wes Restated balmy Page 344 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Corrine E Mclaughlin (Heirs Ofl 819 W Walnut Ave Crestview, FL 32536 Respondents. Inst. #3483006 Bk 3569 Pg: 995 Page 1 of 3 Recorded: 8/24/2021 10:35 AM RECORDING ARTICLE V: 512.00 RECORDING: $15.00 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-566 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 20, 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, Corrine E Mclaughlin , whose last known mailing address is 819 Walnut Avenue West, is the owner of the property located at, 621 Walnut Avenue West, Crestview, FL 32536, AKA PIN#17-3N-23-2490-0124-0020, and more particularly described as: CRESTVIEW LOT 2 & E10 FT LOT 3 BLK 124 2. The conditions on the property consist of inoperable vehicles. The violation(s) were first observed on February 18, 2021. A Notice of Violation was mailed by certified mail return receipt February 19, 2021, and was not accepted by the Respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance Conditions - Section 4 (1), of the City of Crestview's Code of Ordinances and requested correction Page 345 of 767 of the violation by March 1, 2021. A second Notice of Violation was mailed by certified mail return receipt March 3, 2021 and was not accepted by the Respondent. A Notice of Public Hearing was mailed certified Mail Return Receipt on June 11, 2021 and was signed for on June 14, 2021. Re inspection of the property on March 2, March12, March 24, May 11, and June 9, 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 -Nuisance Conditions - Sec. 38-4 (1) -, 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. Page 346 of 767 ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before August 21, 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 August 21, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): Remove the inoperable vehicles from the property or bring the vehicles into a state of compliance. 10. If the violation(s) are not corrected by August 21, 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. Done and Ordered on the 20th day of July, 2021. Speci:4#'[ t agistrate 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 &Ani 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. Page 347 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Corrine E McLaughlin (Heirs 00 819 W Walnut Ave Crestview, FL 32536 Respondents. Inst. #3591810 Bk: 3651 Pg: 4496 Page 1 of 3 Recorded: 11/18/20221238 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-566 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 20, 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, Corrine E McLaughlin , whose last known mailing address is 819 Walnut Avenue West, is the owner of the properly located at, 621 Walnut Avenue West, Crestview, FL 32536, AKA PIN#17-3N-23-2490-0124-0020, and more particularly described as: CRESTVIEW LOT 2 & E10 FT LOT 3 BLK 124 2. The conditions on the property consist of inoperable vehicles. The violation(s) were first observed on February 18, 2021. A Notice of Violation was mailed by certified mail return receipt February 19, 2021, and was not accepted by the Respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance Conditions - Section 4 (1), of the City of Crestview's Code of Ordinances and requested correction Page 348 of 767 of the violation by March 1, 2021. A second Notice of Violation was mailed by certified mail return receipt March 3, 2021 and was not accepted by the Respondent. A Notice of Public Hearing was mailed certified Mail Return Receipt on June 11, 2021 and was signed for on June 14, 2021. Re inspection of the property on March 2, March12, March 24, May 11, and June 9, 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 -Nuisance Conditions - Sec. 38-4 (1) -, 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. Page 349 of 767 ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before August 21, 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 August 21, 202I, the Respondent is to correct the violation(s) by conducting the following action(s): Remove the inoperable vehicles from the property or bring the vehicles into a state of compliance. 10. If the violation(s) are not corrected by August 21, 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. Done and Ordered on the 20th day of July, 2021. Speci +1 1agistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT COPY DATE: 11— t to — .2.o; 2.,.,. 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. Page 350 of 767 Case # 21-477 Owner of Record: Clara C Smith Origination Date: 05/01/2021 Address 650 Shortwell Ave 650 Shortwell Ave Crestview FL 32539 Origination Code: Proactive Violations: Chapter 38 Section 18 (b)(d), Land Development Code Chapter 7 Sec 7.05.03 (a)(b)(c) ; trash, debris, dilapidated structure, and recreational camps. Corrective Action Required: a. Obtain a building permit and demolish the structure. Remove all demolition debris from the property. b. Remove all trash and debris from the property. c. Remove all tents from the property. d. Remove the recreational vehicle from the property or bring it into an operable state. Notice Sent: 07/21/21 Signed: Returned Compliance Date: 08/04/21 Inspected: 08/09/21 Results: In Violation Notice Sent: 08/11/21 Signed: Returned Compliance Date: 08/20/21 Inspected: 08/26/21 Results: In Violation Public Hearing Notice Sent: 09/14/21 Signed: Returned Hearing Date: 10/19/21 After March, 26, 2023, property remains in violation. Order Recorded: 10/28/21 Re-recorded with wet stamp 11/16/2022 Hearing fee: $250 Due by 11/19/2021 Daily fine: $250 Start: 11/20/2021 Fines: $110,250 as of 02/03/2023 (not including interest) Property Value: $35,555 Related Properties: N/A ( Page 351 of 767 EXHIBIT 7 CASE # 21-477 650 SHORTWELL TUESDAY, OCTOBER 19, 2021 Page 352 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 3865 IMPROVED PROPERTY STANDARDS VIiDATE d 650 Shortwell O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS D (g) SHUTTERS (h) EXTERIOR DOORS o (I) EXTERIOR DOOR FRAMES AND STOREFRONTS (j) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS p (I) PORCHES AND BALCONIES ,2)- Li '2) ADDPESSILCATCNOFVICLA71ON t� (m)STAIRS (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (*INSECT SCREENS X(s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: COMMENTS/CORRECTIVE ACTION(S): ,2" rero.-., r n0l 545 le *k at/ rA.-7 4t gyp{ ry r -irryvf-s A" °� * o,-hhor S wcr a". ,vro_eCr AM 54r #'1:5f1^ QI�rf, �+I; p� r S �►�td Ala �r 0^ ?�rif S. I , ,4, PRIMED NAME OF BUILDING OFFICIAL EXHIBIT # 1 )44 DATE Page 353 of 767 -July 07, 2021 10:26A if 650 Shortwell Ave '. Crestview FL 32539 f July 19. 2021 10:21AM 650 Shertwell Ave Crestview FL 32539 4 •;r 4. .mfr ' • • 4--�• �w -f Case # 21-477 650 Shortwell EXHIBIT # #4' C)ctober 07, 2021 11 :47AM 650 Shortwell Ave Crestview FL 32539 United States ctOber O ,,O21 11:4 650 Shortwell Ave Crestview FL 32539 United States 'CM VtirRi ir 1 4F 7 Page 358 of 767 Case # 21-477 650 Shortwell ctob-r 07. 2021 01.0DP , tic ..rsfr e 198 N Wilson St Crestview FL 32536 United states oFC,ESTVIEW COMMUNITY DEVELOPMENT North OF 17A72:413/SO1, Clara C Smith M Qbettw& Averse Cieaelvieay PL 32539 As+ CAdlit 21477 Deer istaph*Ossier Venus kinky r«>rauyraraed giggle ottsber 01.2en, stgoslAt., eeroll hesTribe kiwi* stCJlriEl.B.boast at.I9iWefts Rossi Nat*.Ere w, inedde32$3112 the Come arreb.uTrue lasefiss is beim bold eceessaw sleladses lot assllaus b Edema lid aipeopeal, Wee** b yes brrd t fametssr Ares Cretsbee, PZ MINI mare p/dodiriy deeribdsc raw 2.1-3/443.1670-67104=0 * XGAL 1 710111 MOPIIS .000110 SZ rtr cars 33-36 INC SLY 10 The Ihiseisi Mar* bus the power Is Ilry esa ap b =Ow thy rr s sme siebsiese asi eep b $500 par W kr at pant Askew Webs Spodet biesterier tide ON shed= es be rwprite se kesmahrittsesrs.ssae, sot bataeed !NM per weisrm.agbato bss0. Vs violation. orbsmdpimweeissthe rblellm.lraweeesaereatthsetsothe Wehrle%catty. sod edam* Mite Ada* ibrepre6isseinsvenhisis mere.asape db0ebratemem* the bad paws* limb, obleb stay bib all esaasadi/ rep** means' is est* me p umesr toe eempiir s, dm* vlabiar bib the tsraabbaostafMr heaLorsrNr*erseblouse Mb, City priethto propeormaawbe6ewaee*seed MaffseW.hshall lobbied rma.srer esW lame ispeeesoeNsereNee eel* she *said Mralmssere wok AMP Mar er 11r the blab sedaslotdveils tai MAX* . ensur.enwr• EXHIBIT # Page 359 of 767 . ' : October 19. 2021 09:06AM 601-699 Shortwell Ave Crestview FL 32539 �� United States CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209. Crestview, Florida 32536 Phone (850) 683-0896 Date: July 21, 2021 Case if: 21-00000477 CLARA C SMITH 650 SHORTWELL AVENUE CRESTVIEW, FL 32539 Dear:Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 650 SHORTWELL AVE Tax Identification Number: 21-3N-23-1670-0010-0320 Legal: MORRIS ADD CRESTVIEW LOTS, 32-36 INC BLK 10, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not connected by August 04, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $25000 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. borah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT# Page 361 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 3/10/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT #3' Page 362 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure EXHIBIT # Page 363 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY; 1 DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : CONTINUED EXHIBIT # Page 364 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, 'Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the EXHIBIT # Page 365 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as.a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED EXHIBIT # Page 366 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE CORRECTIVE ACTION REQUIRED : Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. EXHIBIT # Page 367 of 767 City of Crestview Community Development Sei P. O. Box 1209 Crestview, Florida 32536 ✓ g aI ortaame====maim at OFFICIAL.. t' 1 > 1 M 3-uo ru v 11 i 7020 1290 0001 2346 7415 NEOPOST e721 -21121 USPOSTAGE 5006.962 ZIP 32536 041M11297338 /1N� CLARA C SMITH 650 SHORTWELL AVENUE NIXIE .3.2.2 .OBE .1 0907/24/-x.. RETURN TO SENDER ATTEMPTED TO KNOWN FORWARD ANK BC: 325363.29999 •®238-e5246-24-47 32536).1299 lIi 1rl�llrrlilr IrI l+ririllrll�iillrli�lnil�lrlirlilllh�llrilrll CRESTVI U.S. Postal Service' CERTIFIED MAIL' RECEIPT Domestic Marl Only w.ar.+a J _a XS* 31puitre Nook* Adult Arai* nestataml Deinity I MINN ▪ t - nor Pai;e,0,1, .6 .90 C7 m tzi (47 EXHIBIT # '4' Page 368 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division F.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: August 10, 2021 Case #: 21-00000477 CLARA C SMITH 650 SHORTWELL AVENUE CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 650 SHORTWELL AVE Tax Identification Number: 21-3N-23-1670-0010-0320 Legal: MORRIS ADD CRESTVIEW LOTS, 32-36 INC BLK 10, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by August 20, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any question- concerning this matter, you may call me at (850) 683-0896. lv, eborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # �- Page 369 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 3/10/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : Ex i bt1 # a - Page 370 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure EXHIBIT # Page 371 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: LDC CH 7 SEC. 7.05.03 DESCRIPTION: RECREATIONAL CAMPS/TENTS LOCATION: QUANTITY: 1 DATE: 7/21/21 EXHIBIT # ORDINANCE DESCRIPTION : CONTINUED Page 372 of 767 • VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; *3. Description of prohibited activities, Such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoingactivities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the EXHIBIT # r Page 373 of 767 • VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE ORDINANCE DESCRIPTION : management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water ' mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including. a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED EXHIBIT #3 --- Page 374 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00000477 PROPERTY ADDRESS 650 SHORTWELL AVE CORRECTIVE ACTION REQUIRED : Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. EXHIBIT # Page 375 of 767 City of Crestview City Hall 198 North Wilson St, Crestview, FL 32536 ;1ETL7.T ..:;;VESTED m r -q m a- ri Cl CI G C7 0- 0 m r 11 111 b IH 11 7018 3090 0001 4430 1720 CLARA C SMITH 650 SHORTWELL AVENUE CRESTVIEW AUK 32536,3436 NEOPOST 0311•2021 US POSTAGE kAgsW AVIL ' RST1X ASS MAti. $006.96° ZIP 32536 041M11297338 HIXiE 322 FE 1 9003/14/21 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 32536343698 *8239 e1903-14-Z7 }lllli11ltllllllil0ii11i111Illilyd411111I1'i'I1 01.1ll,i:j1 U.S. Postal Service CERTIFIED MAIL' RECEIPT 7�rrr of r. r.f:!'t :r>1 ...to � iti <; �F7 ti.f, Ulel ..,�•r er4vPca.9FFICIAL USE 3. r0 Sr on ,in.drmox.maa A.m4t t. imM $ • + ._ A Ann A%+M+Ms 3_ Damn Wlwrew.iDerny $ pOdin WOW. A.,r.a a CPO* etprM.Ar.uawpawl • '4.14041.411 - EXHIBIT # Page 376 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE:89/13/2021 Clara C Smith 650 Shortwell Avenue Crestview, FL 32539 RE: CASE# 21-477 Dear Property Owner. You are hereby formally notified that on October 19, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 650 Shortwell Avenue, Crestview, FL 32539 more particularly described as: PIN# 2.1-3N-23-1670-0010-0320 LEGAL DESCRIPTION: MORRIS ADD CRESTVIEW LOTS 32-36 INC BLK 10 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). End: Notts of Violation EXHIBIT # Page 377 of 767 A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. 111 t4wkDeborah Latvs►or',, 141.. Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # Fenn S3A Appendix Herbed 2021 Page 378 of 767 21-477 650 Shortwell Avenue STATEMENT OF VIOLATION Code of Ordinance Violated: Chapter 38 Section 18 (b) Trash, Garbage, Debris, Refuse Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective Action Required: Remove all trash, garbage, bottles, cans and other refuse from the property. Code of Ordinance Violated: Chapter 38 Section 18 (d) Demolition of Structure Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity there of or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. Code of Ordinance Violated: LDC Chapter 7 Section 7.05.03 Recreational Camps/ Tents (A), (B), (C) (A) Recreational camps are allowed by special exception in the MU, C-1, C-2, and E districts in accordance with the following standards. (B) For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more building or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. (C) The minimum lot area within the MU, C-1, C-2, or E districts shall be 40 acres. Corrective Action Required: Remove the tents, trailers, or vehicles used as living quarters for one or more resident or transient members of the public from the property. EXHIBIT # Page 379 of 767 City of Crestview City Hall 198 North Wilson Street Crestview, FL 32536 _.9326889887826811 ru rn 1:01 (11 m a PooleoriB IT" c .d Fes 0 lemuie a ne Fro 4fi Tbtai Pommes 1 Fess m rq OPPOIta Pia 111 011 7011 3500 0000 9133 8632 Clara C Smith 650 Shortwell Avenue Crestview, FL 32539 UTF 32536>3436 NEODOST W,13::.• (is POSTAGE $007 332 ZIP 32536 t)41M11237338 NIXIE 322 FE 1 0ee9/16/21 RETURN TO SENDER NOT DELIVERABLE $TO FORWARD ADDRESSED BC: 32536343698 *8233-826!8-16-36 ihhildui INIi'I'p111liniadhgpidiendhdidid U.S. Poste Service CERTIFIED MAIL-. RECEIPT Oomestrc +Siaif Only: No Insurance Coverage Provided) or ee'I6ery information visit nur website at www.usps.com 4 2021 3 EXHIBIT # Page 380 of 767 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21- 477 I 174 t , being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the ` the day of DADWC12. 2021, I personally posted said Notice of Hearing at: U5D S11p t(L1I , Crestview, Florida, in the County of Okaloosa. A crpry of said no ce is attached hereto. ! , ter WA Affi ant's Signature to \r//02,1 Date Before me, the undersigned authority personally appeared, fvho being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this the day of tki• 2021. (SEAL) NOTARY PUBLIC: MY COMMISSION EXPIRES: AV Pt, Jordan Davjs Notary Public, State of Florida My Commission Expires 09-09-2023 L.:4°"" �,d Commission No. GG 955262 Form 54 Appendix 9 Page 381 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS DATE 650 Shoriwell 4,2) -LO) O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS (d SKIRTING (e) EXTERIOR WALLS '£ (t) WINDOWS O (g) SHUTTERS (h) EXTERIOR DOORS O (i) EXTERIOR DOOR FRAMES AND STOREFRONTS LX, 0) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS -NO (I) PORCHES AND BALCONIES ACCRESSLOCKDONOMMAIEN (m) STAIRS n) ROOFS O (a) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSORS O (r) INSECT SCREENS (a) ACCESSORY STRUCTURES O Jt) SWIMMING POOLS (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS D OTHER: COMMENTS/CORRECTIVE ACTION(S): frto, rep.--esek1 G7' IZ V ,- 4 /0, -ref -47. 7 rC n.,.—,�t�✓S i,", r'_ - _1F-Ir Fri 0,42/00r- //T1 I"t; sfi ichaff, 4y,` 1 57`{¢z5 ci.to n o ford-. get 4b..4 41"-C a I ,rte NATURE 4.1d PRINTED NeNEOFBUILDING EXHIBIT #" 7/r 1 DATE Page 382 of 767 tt kM w ►-4 L9L 3O S8£ abed IIamPoiIS 099 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Clara C Smith 650 Shortwell Ave Crestview, FL 32539-4630 Respc.ndents. Inst. #3591812 Blc 3651 Pg: 45)2 Page 1 of 4 Recorded: 11/18/2022 1238 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-477 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Clara C Smith, whose last known mailing address is 650 Shortwell Ave, Crestview, FL 32539-4630, is the owner of the property located at, 650 Shortwell Ave, Crestview, FL 32539, AKA PIN# 21-3N-23-1670-0010-0320, and more particularly described as: MORRIS ADD CRESTVIEW LOTS 32-36 INC BLK 10 2. The conditions on the property consist of consist of an unsafe structure, trash, debris, unpermitted camps, and tents. The violation(s) were first observed on May 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 - Section 18 (b) (d); LDC Chapter 7 Section 7.05.03 (a) (b) (c) of the City of Page 1 of 4 Page 387 of 767 Crestview's Code of Ordinances and requested correction of the violation by August 4, 2021. Re inspection of the property on August 9, 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. 1\he 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) (d); LDC Chapter 7 Section 7.05.03 (a) (b) (c) , 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: Page 2 of 4 Page 388 of 767 8. On or before November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit and demolish the structure. Remove all demolition debris from property. b. Remove all trash and debris from roP e P rtY•' c. Remove all tents from property. d. Remove the recreational vehicle from the property or bring it into an operable state. 10. If the violation(s) are not corrected by November 19, 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. 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, Day of October, 2021. Page 3 of 4 Page 389 of 767 Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.10.26 15:23:59 -05'00' Special Magistrate DATE: City of Crestview, Florida CERTIFIED A TRUE AND CORRECT COPY 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. Page 4 of 4 Page 390 of 767 Case # 21-435 165 Washington Street )wner of Record: Terenzio N & Lara Baker 4140 Big Buck Trail Crestview, FL 32539 Origination Date: 1/26/2021 Origination Code: Police Department Referral Violations: Chapter 38 Section 18 (d) Demolition of Structure, (k) Overgrown Vegetation Corrective Action Required: a. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. b. Remove all vegetation from the property. Notice Sent: 5/25/2021 Inspected: 6/10/2021 Notice Sent: 6/11/2021 Inspected: 6/29/2021 Notice Sent: 7/1/2021 Inspected: 7/23/2021 Signed: 5/27/2021 Compliance Date: 6/9/2021 Results: In Violation Signed: 6/14/2021 Compliance Date: 6/29/2021 Results: In Violation Signed: 7/2/2021 Compliance Date: 7/12/2021 Results: In Violation Public Hearing Notice Sent: 9/14/2021 Hearing Date: 10/19/2021 Property remains m violation. Signed: 9/15/2021 Order Recorded: 10/28/2021 Re-recorded with wet stamp 12/1/2022 Hearing fee: $250 Due by 11/19/2021 Daily fine: $250 Start: 11/19/2021 Fines: $111,750 as of February 9, 2023 (not including interest) 'roperty Value: $6,974 Related Properties: No related properties found in Okaloosa county. Page 391 of 767 EXHIBIT 6 CASE # 21-435 165 WASHINGTON TUESDAY, OCTOBER 19, 2021 Page 392 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38.85 IMPROVED PROPERTY STANDARDS DATE 165 WASHINGTON ❑ (a) FOUNDATION O (b) WOOD SUPPORTS • (c) METAL SUPPORTS O (d) SKIRTING (e) EXTEROR WALLS , (fj WINDOWS • (g) SHUTTERS 4h) EXTERIOR DOORS ] Q) EXTERIOR DOOR FRAMES AND STOREFRONTS w EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS (Q PORCHES AND BALCONIES naoPEsWC 1l ,cfv1CLAtaN O (m) STAIRS t7 (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (qj OVERHANG EXTENSIONS © (r) INSECT SCREENS o (e) ACCESSORY STRUCTURES O (K) SWIMMING POOLS (u) RODEMT HARBORAGE (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: JMNIENTS/CORRECTIVE ACTION(S): �1 5, �-� I L/ sa° t -adr r5 ► r�c�r� i $ RrC 4 I i.�} ,n- rC 'gee#ao ��/!.iJnot4 ,ji oior$, r6 + e r e, -ien - ree re,74ff an 41 S-4-,€/-...ft. 'f S-.-i r /tSl 2 re lo,•►r c e retovs.1I 5-�veke.a I 01011147e /to, eAreSJ cry' 574. +r EXHIBIT # (Q Page 393 of 767 Crestview, Florida, United States 165 Washington St, Crestview, FL 32536, USA Lat N 30° 44' 57.48" Long W -86034' 10.5528" 10/06/21 09:12 AM CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 25, 2021 Case #: 21-00000435 BAKER TERENZIO N & LARA 4140 BIG BUCK TRAIL CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 165 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0130 Legal: SULLIVAN ADD LOT 13 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 09, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 397 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or Structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair �r reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : EXHIBIT # �Q Page 398 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolitibn building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # Page 399 of 767 U S. Post il SPrvtcC - CERTIFIED MAIL RECEIPT 00 on811.11.1.161.srlebe Dawn ..,,a0Allem n111•0 •, ru 1 N Complete Items 1; 2, and 3. ✓ Print your name and address on the reverse so that we can tetum the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Ar3de Addressed to 2i0 F�iL 41.111(0-61G &,,C r,2 3255 taueg .. S III 1111111111111E 9590 9402 5522 9249 9958 63 a Article Number (flansferfrom service ) 7020 1290 0001 5682 1987 PS Form 3811, duly 2015 MN 7530-02-00ae053 r11 .i \1: � � o Agent Med ved ceived byncla,,,30 art DNNery D. 13 Yee If YES deb eddrees different from itttm t? ri No Seivicelype Ad. Signature ult Signature R :bided Deem Cottled !MO Cotified Reetrkeed Mktg 0 Ott sot on Delivery E3 Coned on DeIvarYReeelcted DelMiy d booed Moll Reet_ebd Delivery ° Priority Moll =redMori fl Registered Riettotedi f Merotenclise Co r+neuoni" ° Signature Oonilmodion ricobieted Del m Dattestle Return Receipt EXHIBIT # �J! Page 400 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0898 Date: June 10, 2021 Case #: 21-00000435 BAKER TERENZIO N & LARA 4140 BIG BUCK TRAIL, CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 165 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0130 Legal: SULLIVAN ADD LOT 13 BLK 6, , If the violations) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 29, 2021, this case may be. scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 401 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCAT/ON: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuis.nce Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair 'such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : EXHIBIT # �9 Page 402 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # Page 403 of 767 rg m .4a L+.S. Pcst:i' Se;, CERTIFIED 1 :9AIl RECEIPT • !U • eD . O at - .rr $ t .lmtOw. .+.rrratw..ee.„ ru ear sib 6 :+ 0 cow*" items 1, 21 }3. Pr,* your name anal fyr► the reverse so that we can return +h d to you. Attach Offs card to the bactcof the meslpfece, or an the tort if epaoe penrdte. 1. Amide *Messed t 4440 VG eveg Tat. C C-STIS LJ)Ti_3.2539 11111111111111111 11I1111I111J1 I 1111111 9590 9402 5522 9249 9955 11 O. Data alDelfyipty D. tedeharyedr8seedttenotteenleet? - Its If YES, enter *every addle, NW,: f3 No za.ilve D =irld Ew.oe ite.711 airftimflooldaled L4M"? R nepef eed we Cle ebrad eteneee. 0•21id hue Orellet Wwen ° 0 Cilia enWary winter • 2. AMkbPlusher Menake6nnmice N6ed aresist onoeerryerirke•d rry, D e tuooreow• 7020 1290 0001 5682 13.14 'soma nsw„ Deasy FSToirailii.,gtr201arsN7asoo�000.005s oane.uc9ra.nrmeetpr EXHIBIT # �Q Page 404 of 767 10/11/21. 4:49 PM USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70201290000156821314 USPS Tracking® Status Not Available FAQs > Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs EXHIBIT # �k hffnc•/ffnnlc lucnc mm/nn/T►ar.kr nnfirmArfinn7tRofnfidln2no&H rt//thavY/A777 -RH ahAlc=7ri9A99Qfl4W 1 A99�14°L9t: Page 405 of767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 30, 2021 Case #: 2I-00000435 BAKER TERENZIO N & LARA 4140 BIG BUCK TRAIL CRESTVIEW, FL 3:539 Dear BAKER TERENZIO N & LARA, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violadon:165 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0130 Legal: SULLIVAN ADD LOT 13 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 12, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $25000 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # �k Page 406 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building,. and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 407 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000435 PROPERTY ADDRESS 165 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # Page 408 of 767 L! S. Posial Ser.nr:(i - CERTIFIED (WAN: RECEIPT - 1 C: F L -, .. I uwMMllYlli4r6dMB.0+w G DwafModuvtiaiwc �__....._ na 02)4155- 0 ru x.-5Yi4'l ]Cl fit. Complete Items 1, 2, and 3. Print yotr name and address on the reverse a0 that we can return the card to you. Attach this card to the back of the mallplece or on the front if apace permlbe. 1. Article 4440 IkQt :c\C- ep L e, ? a . 52530 II IIRIIIIII lI 1 VIIIIlIulllIhlU1IlI 9590 9402 6373 0303 1235 60 D. le dellrery aMeae Mora fort Item 1? 0 1108 IfYES, enter daihnry address below: p No Sendoe,ype Adult elindure Rsobtoted !Nifty D Ceriloscl Me6Reebbt dWray 0Collegial Caim _ 2. AMIH* Munk., Ili....e.. w..... �...__ 7020 1290 D001 5662 1437 ResNated Ddvay r PS Form 3811, July 2020 PSN 7630-02-000 -9053 0Priority Mae Egresse MOWN Me O Reahe�yed Mee Rsetdded Spralts•ConflmtatIonDew u 0 Signature Confirmation Resteloted Delivery Domeado Rahn- Rebent EXHIBIT # �. Page 409 of 767 10/11/21, 4:45 PM USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70201290000156821437 FAQs > Remove X Your item was delivered to an individual at the address at 1:59 pm on July 2, 2021 in CRESTVIEW, FL 32539. C✓ Delivered, Left with Individual July 2, 2021 at 1:59 pm -gESTVIEW, FL 32539 Get Updates u Text & Email Updates Tracking History Product Information See Less " -n 0. 0 to 0 N/ EXHIBIT # �p Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. htinc•/ffnnlc i,cnc rnm/nnlTrorld`.nnfirmorfinn9fRaf-fiillnana&fl n RfaxbR777_RH ahalc=7(19(119Annn 115RR91d37°69C: Page 410 dr/67 CITY OF CRESTVIEW - COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: 9/7/2021 Terenzio N & Lara Baker 4140 Big Buck Trail Crestview, FL 32539 RE: CASE# 21-435 Dear Property Owner. You are hereby formally notified that on October 19, 2021, at 5:39 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 165 Washington Street, Crestview, FL 32536 more particularly did as: PIN# 20-3N-23-2390-0006-0130 LEGAL DESCRIPTION: SULLIVANADD LOT 13 BLK 6 The Special Magistrate has the power to levy fines up to $250 per day for a fast violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be ineparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. Ifa violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost ofthe repairs along with the fine imposed. If the Cityprevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A codified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Enci: NodceofVloladon EXHIBIT # _tQ Page 411 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. 13,1 Deborah Lawson Code Compliance Officer 850305.3702/850.612.9714 EXHIBIT # Ut .am S3A Appel • � 1 Page 412 of 767 21-435 165 Washington Street STATEMENT OF VIOLATION Code of Ordinance Violated: Chapter 38 Section 18 (d) Demolition of Structure Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: Obtain a demolition permit and demolish the structure. Remove all demolition debris from property. Code of Ordinance Violated: Chapter 38 Section 18 (k) Vegetation- Weeds Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the are between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove the vegetation from the property. EXHIBIT # It Page 413 of 767 m m r4 tr U.S. Postai Service-, RECEIPT CERTIFIED MAIL.. pra.;vad] (Domestic Mil Only. No Ins.urence Coverage For delivery 0 !n?°Motion visit our wrb5ite tit wvrw.w..p5 r° �t, c.nvbd Fee acaws rneeeseb liworitud Davey Fee c3 a u. m r 1 r- POMP - Complete sterns 1, 2, and 3. it Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maflplece, or on the front If space permits. s8, 1. Article Addressed to: fat 1J1010 410 * e/PiVrA 4140 6‘ei Put l'atorti- (AtEStJto4A et' 32.53Fi N11111gII111I1IINIIIIIIUIIII11I1111IV 9590 9402 6373 0303 1228 46 2.. Ankle Number (Render berm seivicelabelf 7011 3500 0000 9133 0490 PS Form 3811, July 2020 PSN 7530-02-000-0053 14 2021 C. Date of Deflvery D. b delivery ate, a diluent tom item 1? Yba it YES, enter delivery addoae below. 0 No cALI 3 Service type tat SIgnetue Ilestrioted Delray Male Corned Mel Reeeroad Detrety O Cdlscton Delray D Oaeectm neeveryReffidded 0eIve y •;Mel Mel Redacted Delve* o PHodlyMal Emma o� Reebbled 0SignetureContemetiontm Sprwtuea Restricted Delray Domestic Return Receipt EXHIBIT #,�.p Page 414 of 767 10/11/21, 4:43 PM USPS.com®- USPS Tracking® Results Track Another Package 4 - Tracking Number: 70113500000091330490 USPS Tracking® FAQs > Remove X Your item was delivered to an individual at the address at 1:55 pm on September 15, 2021 in CRESTVIEW, FL 32539. (✓ Delivered, Left with Individual September 15, 2021 at 1:55 pm ^RES1VIEW, FL 32539 Get Updates u Text & Email Updates •/ Tracking History Product Information See Less /\ -n co co Q g 0 pc - EXHIBIT # C;Q Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. httos://tools.uses.coMaorrrackConflrmAction?tRef=fulloaae&tL 284tex128777=84Labels=70113500000091330490%2c&tABt=false Page 415 0167 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS DATE 165 WASHINGTON O (a) FOUNDATION (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SORTING (a) EXTERIOR WALLS (ry WINDOWS O (g) SHUTTERS {h) EXTERIOR DOORS (I) EXTERIOR DOOR FRAMES AND STOREFRONTS (A EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS (I) PORCHES AND BALCONIES )MMENTS/CORRECTIVE ACTION(S): s` °rat* ;f qre-f I„} e►. 7 c , rr to ,-e. d rc Svc 1 0-C 5.4v c. ► ,5 .r., I r' jC 1:• aicre .�'.T or .� . ADDRESEACCATENCFVIOLATION O (m) STAIRS I7 (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS )k(q) OVB BANG EXTENSION$ O (r) INSECT SCREENS O (s) ACHY STRUCTURES D (t) SWIMMING POOLS (u) RODENT HARBORAGE (v) EXTERIOR UGHTING O (w) FENCES AND WALLS D OTHER 4«J et 11 .i4e-•-c j G/Iad r"f"7If'r'l rC it et h O LJ a stair co � a r c'gt f E - LvetSVIP 'r47 - 444 A h., s' w cFputiwOFFCIAL PRMTEDNAMEOFBLIUK3DFF1CY4_ EXHIBIT # (Q 57/010/2 I DATE Page 416 of 767 CASE # 21-435 165 WASHINGTON EXHIBIT #_ ,_,_ Page 419 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Terenzio & Lara Baker 4140 Big Buck Trail Crestview, FL 32534) Respondents. Inst. #3500472 Bic 3583 Pg: 1908 Page 1 of 4 Recorded: 10128/2021 9:16 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-435 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Terenzio & Lara Baker, whose last known mailing address is 4140 Big Buck Trail, Crestview, FL 32539, is the owner of the property located at, 165 Washington ST., Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0130 , and more particularly described as: SULLIVAN ADD LOT 13 BLK 6 2. The conditions on the property consist of consist of an unsafe structure and overgrown vegetation. The violation(s) were first observed on May 25, 2021. A Notice of Violation was mailed by certified mail May 25, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Chapter 38 Section 18 (d), (k) of the City of Crestview's Code of Ordinances and requested Page 1 of 4 Page 420 of 767 correction of the violation by June 9, 2021. Re inspection of the property on June 10, 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 - Chapter 38 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: Page 2 of 4 Page 421 of 767 8. On or before November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. b. Remove all vegetation from the property. If the violation(s) are not corrected by November 19, 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. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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, Day of October, 2021. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.10.26 15:23:24 -05'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE CORRECT COPY CITY OF CRESTVIEW BY. Page 3 of 4 /v -a) -.a Page 422 of 767 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. Page 4 of 4 Page 423 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Terenzio & Lara Baker 4140 Big Buck Trail Crestview, FL 32539 Respondents. Inst. #3593613 Bk: 3653 Pg: 825 Page 1 of 4 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-435 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Terenzio & Lara Baker, whose last known mailing address is 4140 Big Buck Trail, Crestview, FL 32539, is the owner of the property located at, 165 Washington ST., Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0130 , and more particularly described as: SULLIVAN ADD LOT 13 BLK 6 2. The conditions on the property consist of consist of an unsafe structure and overgrown vegetation. The violation(s) were first observed on May 25, 2021. A Notice of Violation was mailed by certified mail May 25, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Chapter 38 Section 18 (d), (k) of the City of Crestview's Code of Ordinances and requested Page 1 of 4 Page 424 of 767 correction of the violation by June 9, 2021. Re inspection of the property on June 10, 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 - Chapter 38 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: Page 2 of 4 Page 425 of 767 8. On or before November 19, 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 November 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. b. Remove all vegetation from the property. If the violation(s) are not corrected by November 19, 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. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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, Day of October, 2021. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date:, 2021.10.26 15:23:24 -05'00' Special Magistrate City of Crestview, Florida Page 3 of 4 CERTIFIED A TRUE AND CORRECT . Py v e...12 r• DATE: 7.- Page 426 of 767 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. Page 4 of 4 Page 427 of 767 Case # 21-434 145 Washington St 3wner of Record: Calvin Siler 196 Ratliff St, Crestview FL 32536 Origination Date: 1/26/2021 Origination Code: Police Department Referral Violations: Chapter 38 Section 18 (i), (j), Inoperable Vehicle/Parts, (k) Overgrown Vegetation Ch. 38 Sec. 65 (f) Windows, (k) Structural Supports, (n) Roofs, (v) Exterior Lighting, (w) Fences/Walls Corrective Action Required: a. Remove the inoperable vehicle from the property or affix a valid tag to it. b. Remove the vegetation from the property. c. Obtain the proper permits and repair the windows, structural supports, roofs, exterior lighting, and fences. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. Notice Sent: 5/28/2021 nspected: 6/18/2021 Notice Sent: 6/25/2021 Inspected: 7/12/2021 Signed: Returned to Sender Compliance Date: 6/10/2021 Results: In Violation Signed: 7/6/2021 Compliance Date: 7/8/2021 Results: In Violation Public Hearing Notice Sent: 9/14/2021 Signed: Returned to Sender Notice of hearing was posted on the property and at City Hall on 10/7/2021. Hearing Date: 10/19/2021 Property remains in violation. Order Recorded: 10/28/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Daily fine: $250 Fines: $111,750 Due by 11/19/2022 Start: 11/19/2021 as of February 9, 2023 (not including interest) property Value: $15,263 Page 428 of 767 Case # 21-434 .Zelated Properties: 1761 N Pearl Vacant Lot Savage St Case # 23-109 Violations: Case # 22-1145 Violations: 342 N Lincoln St Case # 22-1230 145 Washington St 08 -3N -23-1720-000E-0120 No Case History 17-3N-23-2490-0020-0040 Active Case Chapter 38 18 (b) Trash/Debris, (i), (j), Inoperable vehicles/parts Found in Compliance 9/21/2022 Chapter 38-18 (k) Overgrown Vegetation, (i), (j), Inoperable vehicles/parts 17-3N-23 -2490-0064-0010 Active Case Vacant Lot Grimes Ave 588 S Brett St 209 Grimes Ave 196 Ratliff St 457 Blakely Case # 20-286 Hearing Date: 10/19/2021 18-3N-23-0890-0002-0030 17-3N-23-2490-0099-0070 18-3N-23-0890-0005-0040 20-3N-23-2390-0007-0030 20-3N-23-2390-0012-0050 No Cases No Cases No Cases No Case History Fines: $111,750 (Foreclosure Status) Page 429 of 767 EXHIBIT 4 CASE # 21-434 145 WASHINGTON TUESDAY, OCTOBER 19, 2021 Page 430 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION DATE �) S �f 145 WASHINGTON c- . ADDFE.S T1040FIAOL ON dew Ibre sef Jx c. E. r f , €0,10 iem ~Aid 7t CHAPTER 38$5 IMPROVED PROPERTY STANDANS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS D (d) SKIRTING O (a) EXTERIOR WALLS eO, (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (i) EXTERIOR DOOR FRAMES w AND STOREFRONTS O (j) EXTERIOR SURFACE TREATMENT O , (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCOMES O (m) SUMS D (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG DONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING (w) FENCES AND WALLS COMMENTS: u ",T,F r o C 44" ("it 4,4: /117 Je b fk iirkcivri/ (Arms t y . /rJi, / 1-r:,, 1.r: rr`. ik,.t ; A. r �J - d ' iN (retie cid'el S•,ol 0 • III /Ja ' J� Vt. 1 ,b4it WH O+✓ ia1 fi. v •o f M , dsiot PRINTED NAME OF autmaCIFFIOUL EXHIBIT # - DATE Page 431 of 767 Crestview, Florida, United States 142 Washington St, Crestview, FL 32536, USA Lat N 3Q° 44' 58.3152" Long W -86° 34' 10.686" 05/05/21. 12:22 PM = Crestview, Florida, United States 165 Washington St, Crestview, FL 32536, USA Lat N 30° 44' 58.1352" Long W -86° 34' 10.6176" ,4 18/06/21 09.15 AM 4 Crestview, Florida, United States 165 Washington St, Crestview, FL 32536, USA Lot 30.749484° Long -86.5695760 23/07/21 11:35 AM CASE # 21-434 145 Washington Ala • .r-i v, v DA..re: 9/702021 c.lwrstr 196Its61 6e.r.1.•rr PL 32636 litta CAMEO 21-4fe ctober • , 2021 1: 145 Washington St Crestview FL 32536 — 110.41•111111111R.. man 1.11. :..-----WOW. 4444.. ,........ _... c L.) )or • • L '1 : 198 N Wilson St Crestview FL 32536 United States CODE CO1PLJ ANC E nfvl6mow a 11911pesa rras•t North (54.11 sonar or FeeszacinrAmerws, Dorrrep..ey ow•.rst Yo..e. iw.b>rIbeisiny aoufed NW ow Graeber 6!9, MI, at 119 911:111., Asrr.wnl brry'-rs.IBoefs .tc�l1�,..n.le.rrd.ttssWll.osfesSIgolb.a+.eviviri.Plad as2�a6r1rr4ties.stti .1bsba mr elsf it *OM bid eoseenal i aolel+t..• dot ae POW "ee 919.111•11 you l.esied .t 1145 W•66966••• .••• Masa% Cr Isw. /IL 0P20 2O,3N s64p6AC12 ,1-EAPAL 11191C911.19094 SULLIVAN ADO I.OT-12 •.. Tlx sleeid Mr660Y.ss h.. r*e.power p.l-•yl.ss owls :il' O 1.'99 far. 666 daW.s. and .V M 6300 far asAlls• .•eaMt v*e1W-s. 7Fm.'iy..II1 fdasl•0•1•'l•6•-Or.lsla.f.s r:M 1..p.bts.r Mnrwdld►M same, s Sewsot iv sw.. *s10odo r'MeY9.r.-s.4be iassrd. Krwl.6Wee.ara re.reNioss..smse•sai• sake. y.•.•'••ed.rw w U.t••,06• efieib Wimp .ed. rdsss;erWMvlelMle0Yi..arY R•� •61.ar1 dd-Is.en..:.i. 9666•166••+01'•'••66 aMl4. OM le..1 sr•-rsles beiy. welded. lama eareesWls sorr. s4rielb Mi+".6ees•ny lase ees,pi{aneyesdd.rsapwalaitsewadi MnasimaiMes.tWrit* wlsreal..iwl01.... rsa..d atdOast prewar littprearaatelog•r••isss.Sr L.N6aawki in.1"'"1"1,101"' t- M•f 016•.6++ to s.o.•r.tlss try ems b••••• M 6•.51.114.61.x 6•` s•d srw ee.isrrM 1601.d..1- M Um s-WAwr6 raft, s6 102.MU4. ajasess•t _ A sr6M6e•p'•tr0•isY.le•1•4• fw s•`ers_ yl•wyie6r.l•� •• w•61• Os vYMYs maliaap H. fe-l. • Sas by 'WawaM 1•.d .dr.w .w e.l.rr.o•. 11.6..+•6•1461.+ J EXHIBIT # �f Page 434 of 767 • •• -7 • • )7`. • • 1. • V14444 r _ '47 • ifilkrik - CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 Date: May 27, 2021 Case #: 21-00000434 SILER CALVIN 196 RATLIFF ST CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 145 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0120 Legal: SULLIVAN ADD LOT 12 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 10, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobla City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # 4 Page 437 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST IOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/26/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT #,� Page 438 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards4set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. w OLATION: CH 38 SEC 18 (f) QUANTITY: 1 )E 2IPTION: OBNOXIOUS ODORS -CONDITIONS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : EXHIBIT # CONTINUED 4 Page 439 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. CORRECTIVE hCTION REQUIRED : A, You may abate the violation by removing the odors, gases,. smoke, ashes, fumes, chemical diffusion, or other odors from the property. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. EXHIBIT # Page 440 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance EXHIBIT # Page 441 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : with the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 FENCES -WALLS QUANTITY: 1 DESCRIPTION: FENCES & WALLS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (w)Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by'Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the fence, or wall. EXHIBIT # 4 Page 442 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST .IOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Inikproved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # Page 443 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s) . Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute. 553. You may abate the violation(s) by conducting the following EXHIBIT # Page 444 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : action(s). Replace the wood or metal supports that are rusty or rotten. EXHIBIT # Page 445 of 767 10/8/2101:14 AM USPS Tracking® USPS.com®- USPS Traddng® Results Track Another Package -1- Tracking Number: 70201290000156822083 FAQs > Remove X Your item has been delivered to the original sender at 11:15 on June 28, 2021 in CRESTVIEW, FL 32539. G Delivered, To Original Sender June 28, 2021 at 11:15 am ORESTVIEW, FL 32539 m m ru, .n 1:3 • maw tikcorenk. in DAw,eai,.r..wn,r„ d $, U.S. Postal Service - CERTIFIED MAIL' RECEIPT Domestic Malt Only p : who Ygyta ei old FON 1-4 f•r Aetive,y ,niorrnation visit ow %i ' pte us.... 3L Go OW 1.0 USPS : Heft 2 8 2021 co ce SD 0 ass /\ EXHIBIT # Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. hnos!Ifcols.usos_com/adtrackConfirmAction?tReffulloaae&tLc 2&text28777=&tLabets=70201290000156822083%2C Page 446 of 7191 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 24, 2021 Case #: 21-00000434 SILER CALVIN 196 RATLIFF ST CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 145 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0120 Legal: SULLIVAN ADD LOT 12 ELK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 08, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florida Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcoblaf@cityofcrestview.org EXHIBIT # Page 447 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/26/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 448 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent; with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located.` Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. " OLATION: CH 38 SEC 18 (f) QUANTITY: 1 )E AIPTION: OBNOXIOUS ODORS -CONDITIONS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : EXHIBIT # _4 CONTINUED Page 449 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the odors, gases, smoke, ashes, fumes, chemical diffusion, or other odors from the property. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. EXHIBIT # Page 450 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is'required. Failure to obtain a building permit is punishable by Florida Statute. 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance EXHIBIT # _± Page 451 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST ORDINANCE DESCRIPTION : with the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 FENCES -WALLS QUANTITY: 1 DESCRIPTION: FENCES & WALLS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (w)Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. - You may abate the violation(s) by conducting the following action(s). Repair, or replace, the fence, or wall. EXHIBIT # Page 452 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST OLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # Page 453 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following EXHIBIT # T Page 454 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 21-00000434 PROPERTY ADDRESS 145 WASHINGTON ST CORRECTIVE ACTION REQUIRED : action(s). Replace the wood or metal supports that are rusty or rotten. EXHIBIT #'1' Page 455 of 767 PS Fcnn 3811, July 2020 MN MO -02-0004058 ru rtr U.S. Postal Service'` CERTIFIED MAIL' RECEIPT Dompsfic Mart On!y "nr tlnl'Vrry Inrvrmalian. Mail oily weimit!' aT evgarP GSpS.C.-CM ru 7Mf ull/ Fir•` n O t .esF a «• e t= .nnl.e wr As Mown o.arwr s SOMuno asiv• : �.r..I+.wrore Oar -- - - a-1 - ®/ 6-4 , SD/ DE11: CCP.rPLETE THIS S s Complete items 1.2. and 3. • Print your name and addmss on the reverse so that we can return the card to you. Attach thie card to the back of the maltpiece or on the front N apace perm. 1..Ardcb Addressed icy C it o Let `55L c -v "1 IL S2630 Posv„Nk 14err1 00_'434 CDC 'P. 7E 7;r1S E'rCT+ON ON DFl.fl E Y IIlIlftIIII1I1IIII 1�� II! l��11 � 11� H. Service type 0 Primly Mel Espiasse d liceirdure neerkredo army a cal Restricted 9590 9402 8373 03031372 77 0 C tIMledMa eResrictedDe lvery a Sigmetum Conihredisens 2. Article umHar f7F»ru�W d r *rim itia ray Ashes 0 cCa ct en P Delivery Aurreme Dewy Restricted balmy 7020 1290 0001 5682 2472 sadMe Restricted DAWN Dornea0cRehm, Recapt ,. �4 Page 456 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC REARING DATE: 9/7/2021 Calvin Siler 196 Ratliff Street Crestview, FL 32536 RE: CASE# 21-434 Dear Property Owner: You are hereby formally notified that on October 19, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 145 Washington Street, Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-2390-0006-0120 LEGAL DESCRIPTION: SULLIVAN ADD LOT 12 BLK 6 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreeperable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation EXHIBIT 0. 4 Page 457 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Si.necrely, Lawn Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # Fere WA Appalls Raised 2011 Page 458 of 767 21-434 145 Washington STATEMENT OF VIOLATION Code of Ordinance Violated: Chapter 38 Section 18 (i), (j) Inoperable vehicles (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure the have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn- out, scrapped, non -operative unusable, or discarded. Corrective Action Required: Remove the vehicle from the property or affix a valid tag to the vehicle. Code of Ordinance Violated: Chapter 38 Section 18 (k) Vegetation -weeds Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove the vegetation or weeds from the property. Code of Ordinance Violated: Chapter 38 Section 65 (f) Windows (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be either bricking the opening, block the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to confonn to the other exterior portions of the building The boarding shall not remain for a period of more than 90 das from the date of the initial violation. Corrective Action Required: Obtain a building permit and repair the windows. Code of Ordinance Violated: Chapter 38 Section 65 (k) Structural Supports (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. Corrective Action Required: Obtain a building permit and replace the wood or metal supports that are rusty or rotten. EXHIBIT ti 4 Page 459 of 767 21-434 145 Washington Code of Ordinance Violated: Chapter 38 Section 65 (n) Roofs Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using hie materials to existing materials. Corrective Action Required: Obtain a building permit and repair the roof. Code of Ordinance Violated: Chapter 38 Section 65 (v) Exterior Lighting All outdoor lighting shall comply with the following: (1) Non- vehicular light sources that shine into the eyes of driver of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance u ith the Florida Building Code. Corrective Action Required: Obtain a building permit and repair the exterior lighting. Code of Ordinance Violated: Chapter 38 Section 65 (w) Fences and Walls Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. Corrective Action Required: Obtain a building permit and repair the fence. EXHIBIT # 4 Page 460 of 767 ,10/6!21,'2:28 PM USPS Tracking® USPS.come - USPS Tracking Results Track Another Package 4 - Tracking Number: 70113500000091338588 FAQs > Remove X Your item departed our USPS facility iii PENSACOLA FL PROCESSING CENTER on October 5, 2021 at 4:44 pm. The item is currently in transit to the destination. Departed USPS Regional Facility October 5, 2021 at 4:44 pm 'ENSACOLA FL PROCESSING CENTER U.S. Postal Service ,. CERTIFIED MAIL . RECEIPT 4 (Domestic Mail Only: No Insurance c7Vcrage Provrefed) Fur delivery information visit Our websit a! www usps.com. '_«t' rt 7t sfr ) O �►- :a e.— xry ices Ybh@? ,vs&Pas V'1 O ss Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. tAMIbII irf r1 m o. v v .. Oft el. ._ • nrnnfMnf4 o/ nr. Page 461 of 7017 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21- 434 11 t h WWI, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the ' the day of 'C - OQC 2021, I personally posted said Notice of Hearing at: ILLS Wasi14. -: Crestview, Florida, in the County of Okaloosa. 1/4r) Affiant's Signature of said notice is attached hereto. IO11" \2o2 i Da Before me, the undersigned authority personally appeared,D693124 tftU1SV1who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this v _ the day of _ "• 2021. (SEAL) NOTARY PUBLIC: MY COMMISSION EXPIRES: 1 mar °mss Jordan Davis r 4" Notary Public, State of Florida % i My Commission Expires 08-09-20231 l'Itor "A° Commission No. GG 955262 Form 54 EXHIBIT # ,'4t Appendix 9 Page 462 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION s%zs�ar 145 WASHINGTON DATE D v�c ►,uREoF r cli ICORISSLOCATEMPACIAlni cfb ....d s�,. L im.."►m . u"s C c A• 1. pss; l rj day t, dt<r4 dedkre. see � C £, IT no cnoi T rcra e d, r rJ i t CHAPTER 38-65 IMPR PROPERTY STANDAfay-sRDS O (a) FOUNDATION O (b) WOOD SUPPORTS o (c) METAL SUPPORTS o ` (d) SKIRTING o (0) EXTERIOR WALLS C) (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (i) EXTERIOR DOOR FRAMES AND STOREFRONTS O (I) EXTERIOR SURFACE TREATMENT o (k) STRUCTURAL SUPPORTS o (I) PORCHES AND BALCONIES O (m) STARS .(e) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS D (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE (v) EXTERIOR UGHTING (w) FENCES AND WALLS COMMENTS: APiege4rf (per �f� , 4r : fil? j 44- Is 5incit,r41 adfrei . . ,tf r f"f` , IRS I a, tt - _. o!d c/►C T jo f .. .`r-eS, ciir, I by cd �,.��do�✓� t✓t it �it•I cc, eel S•,d •4 SgriligirOFFItYL /aId 41 tebq PRINTED NAM OF EXHIBIT # it -Pr 51,5/0 C ATE Page 463 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Calvin Siler 196 Ratliff St Crestview, FL 32536 Respondents. Inst. #6500471 Bk: 3583 Pg: 1904 Page 1 of 4 Recorded: 10/28/2021 9:16 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK firy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-434 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Calvin Siler, whose last known mailing address is 196 Ratliff St, Crestview, FL 32536, is the owner of the property located at, 145 Washington, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0120, and more particularly described as: SULLIVAN ADDLOT12BLK6 2. The conditions on the property consist of consist of overgrown vegetation, an inoperable vehicle, and an unsafe structure. The violation(s) were first observed on May 5, 2021. A Notice of Violation was mailed by certified mail May 28, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Chapter 38 Section 18 (i), (j), (k), Chapter 38 Section 65 (f), (k), (n), (v), (w), of the City of Crestview's Code of Ordinances and requested correction of the violation by Page l of 4 Page 465 of 767 June 10, 2021. Re inspection of the property on June 18, 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 - Chapter 38 Section 18 (i), (j), (k), Chapter 38 Section 65 (f), (k), (n), (v), (w) , 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: Page 2 of 4 Page 466 of 767 8. On or before November 19, 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 November 19, 2021,the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the inoperable vehicle from the property or affix a valid tag to it. b. Remove the vegetation from the property. c. Obtain the proper permits and repair the windows, structural supports, roofs, exterior lighting, and fences. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. 10. If the violation(s) are not corrected by November 19, 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. 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. 11. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. Page 3 of 4 Page 467 of 767 Done and Ordered on the 19th, Day of October,2021. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.10.26 15:22:45 -05'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE CORRECT COPY CITY OF CRESTVIEW BY: I 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. Page 4 of 4 Page 468 of 767 City of Crestview, Florida, Petitioner, VS. Calvin Siler 196 Ratliff St Crestview, FL 32536 Respondents. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #3591813 BIc 3651 Pg: 4506 Page 1 of 4 Recorded: 11/18/20221238 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-434 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on October 19, 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, Calvin Siler, whose last known mailing address is 196 Ratliff St, Crestview, FL 32536, is the owner of the property located at, 145 Washington, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0120, and more particularly described as: SULLIVAN ADD LOT 12 BLK 6 2. The conditions on the property consist of consist of overgrown vegetation, an inoperable vehicle, and an unsafe structure. The violation(s) were first observed on May 5, 2021. A Notice of Violation was mailed by certified mail May 28, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Chapter 38 Section 18 (i), (j), (k), Chapter 38 Section 65 (f), (k), (n), (v), (w), of the City of Crestview's Code of Ordinances and requested correction of the violation by Page 1 of 4 Page 469 of 767 June 10, 2021. Re inspection of the property on June 18, 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 - Chapter 38 Section 18 (i), (j), (k), Chapter 38 Section 65 (f), (k), (n), (v), (w) , 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: Page 2 of 4 Page 470 of 767 8. On or before November 19, 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 November 19, 2021,the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the inoperable vehicle from the property or affix a valid tag to it. b. Remove the vegetation from the property. c. Obtain the proper permits and repair the windows, structural supports, roofs, exterior lighting, and fences. Or obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. 10. If the violation(s) are not corrected by November 19, 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. 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. 11. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. Page 3 of 4 Page 471 of 767 Done and Ordered on the 19th, Day of October,2021. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2021.10.26 15:22:45 -05'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT, COPY BYW\d- a1• -►-ti WIw C- DATE: 11—t\p 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. Page 4 of 4 Page 472 of 767 Case # 21-433 142 Washington Street )wner of Record: Kenneth & Connie M Siler 497 S Wilson St, Crestview, FL 32536 Origination Date: 1/26/2021 Origination Code: Police Department Referral Violations: Chapter 70 Solid Waste, Chapter 38 Section 18 (b) Trash/Debris, (d) Demolition of Structure, (i), (j), Inoperable Vehicles/Parts, (k) Overgrown Vegetation Corrective Action Required: a.) Dispose of all tires, appliances, and all solid waste not acceptable for pick-up and dispose of at an approved facility. b.) Remove the inoperable vehicles, campers, and vehicle parts from the property. c.) Obtain a building permit to demolish the building. d.) Remove all overgrowth, debris, and trash from the property. Notice Sent: 5/28/2021 Signed: 6/3/2021 Compliance Date: 6/10/2021 Inspected: 6/10/2021 Results: In Violation Notice Sent: 6/22/2021 Signed: 7/10/2021 Compliance Date: 7/8/2021 Inspected: 7/9/2021 Results: In Violation Public Hearing Notice Sent: 7/12/2021 Signed: 7/23/2021 Hearing Date: 08/17/2021 Property remains in violation. Order Recorded: August 24, 2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 9/17/2021 Daily fine: $250 Start: 9/18/2021 Fines: $127,500 as of February 9, 2023 Property Value: $6,974 Related Properties: 418 N Spring St Case # 21-791 17-3N-23-2490-0057-0110 Hearing Date: August 17, 2021 Fines: $127,500 Violations: Chapter 70- Solid Waste, Skirting, Overgrown Vegetation Page 473 of 767 Case # 21-433 142 Washington Street Vacant Lot Booker St 17-3N-23-2490-0076-0120 Case # 21-385 Found in Compliance 3/17/2021 Violations: Recreational Camps 247 S Booker St 17-3N-23-2490-0079-0040 Case # 18-1373 Found in Compliance 12/17/2018 Violations: Chapter 70- Solid Waste, Debris 497 S Wilson St 17-3N-23-2490-0129-0030 Case # 22-198 Hearing Date: April 19, 2022 Fines: $58,500 Violations: Inoperable vehicle/parts, Trash/Debris, Abandoned Appliances 257 W Bowers Case # 16-812 Violations: Bags, Fecal Smell 235 W Bowers Case # 18-1095 17-3N-23-2490-0133-0050 Found in Compliance 12/20/2016 17 -3N -23-2490-0133-006B Found in Compliance 8/14/2019 Violations: Working Without Permit Case # 21-1220 Found in Compliance 2/4/2022 Violations: Trash/Debris, Recreational Camps Case # 22-329 Found in Compliance 1/13/2022 Violations: Recreational Camps Case # 22-710 Found in Compliance 4/27/2022 Violations: Recreational Camps 404 Beech Ave W 17-3N-23-2490-0178-0120 Case # 15- 481 Found in Compliance 8/13/2015 Violations: Chapter 70- Solid Waste Case # 19-806 Hearing Date: 11/17/2020 Fines:$108,500 Found in Compliance 3/10/2022 Violations: Criteria to Demolish Vacant Lot Blakely Ave 20-3N-23-0000-0107-0020 Case # 21-782 Found in Compliance 5/21/21 Violations: Vegetation/Trash/Debris, Chapter 70- Solid Waste Page 474 of 767 CASE 21-433 142 WASHINGTON STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 1 Page 475 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4102 142 WASHINGTON DAB 1441Wesozivio6etei - q3,3 f 4re't L14_514 .51y-x,c -C rreck -r --�rawz / ,eel reee'r;.„ L411 r c •. CHAPTER 3865 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION o (b) WOOD SUPPORTS D (c) METAL SUPPORTS D (d) SKIRTING O (e) EXTERIOR WALLS O (Q WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS O 6) EXTERIOR SURFACE TREATMENT O. lioSTRUCTURAL SUPPORTS o (I) PORCHES AND BALCOMES O (m) STAIRS (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS D (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING D (w) FENCES AND WALLS COMMENTS: a sl CC,% see skeivet l che-, e 4 rrcr career f,ro," ic.U. (,.). cop .--nd I a ,f 7s uns4.4 . 1 e+r., •� r (�/�a��r.+ Net rto 11` C` 7z 0/ ,' re (0 � 6 siGNA46 Er airct3DPFCAL ie..6 id 44". PRINTED FleoME OF . 1131r # Page 476 of 767 Crestview, Florida, United States 142 Washington St, Crestview, FL 32536, USA Lat N 3©' 44' 58.6392" Long W -86° 34' 1(x.6428" Crestview, Florida, United States 142 Washington St, Crestview, FL 32536, USA CPS Mnp Cam«r., Crestview, Florida, United States 142 Washington St, Crestview, FL 32536, USA Lat 30.749691` Long -86.56966`, 09/07/21 07:48 AM Crestview, Florida, United States 142 Washington St, Crestview, FL 32536, USA Lat 30.749601` CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 27, 2021 Case #: 21-00000433 SILER KENNETH & CONNIE M 497 S WILSON STR CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 142 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0110 Legal: SULLIVAN ADD LOT 11 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 10, 2021, this case may be scheduled for a public hearing before the City of Cr ;stview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrest;view.org EXHIBM # Page 482 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST :OLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/26/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radipactive materials. The county solid waste. department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall -also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIE3IT # Page 483 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar materialfrom the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 IEP `IPTION: RECREATIONAL CAMPS/TENTS DATE: 5/05/21 JCATION: ORDINANCE DESCRIPTION : CONTINUED Page 484 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER PROPERTY ADDRESS 21-00000433 142 WASHINGTON ST ORDINANCE DESCRIPTION LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards.. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed inanenvironmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to. help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to. protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the Page 485 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST ORDINANCE DESCRIPTION : management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and , m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with'the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED EXHIBIT # Page 486 of 767 VIOLATION DETAIL PAGE 5 CA$E NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST CORRECTIVE ACTION REQUIRED : Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 )ESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 ESCRIPTION: VEGETATION -WEEDS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. EXHIBIT # Page 487 of 767 VJULATIUN DETAIL PAGE 6 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST ORDINANCE DESCRIPTION : It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivatedvegetation, shall,not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 )TSCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable EXHIBIT # Page 488 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST ORDINANCE DESCRIPTION : diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City,, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division ® 850-689-1618 ext 254 or 261. Page 489 of 767 0 is ru ru da in -n MsH D°"°u a µ td°`pow`eowtm 1 v j t A m y c i r-t.>,..tsvr+►" Dewy a -. C3 1. �Plertaid ae6 �:-rte a t~ r,[..f U.S. Postal Service '` RECEIPT CERTIFIED M �c R4atl Only w,,t.,sn, Domestic `.jebs rc i��t Orrt�aUUN ;�git os�• cr. ,. 9c cc• _ r r 0 a Complete Items 1, 2, and 3. ■ Print your name and adds on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front if space permits, 1. Article Addressed to: uSps 17°- t .._-.41AY 28 2021 i33 1' 19- tviLetrom Sri C s t1rec0 f- 32rC 111 IIIllh11t1hffhJI11It HIIIIIIJIJJ 9590 9402 5522 9249 9957 95 1 C:egete of Delivery 20 D. is delivery, address dYfeterrt from Rem 1? 0 Yes if YES. enter defvsry address below D No F oPricey Flealstened r AcOerMied Mete kdten retReeltktedDelNsy o pteeeredMal Reeticted o Certified Mall Reetr(atsd nelysy a ReranRecefptler oCollect on Navvy Merchandise 2. Ankle Ntrbr3r Monster from service o Coaacten Delivery Restricted Daly y o D Confirmation 7020 1290 0001 5662 2090 ^rinsunxi fed ' .M.rR.atdaedoa8ssy ReabfetedaeAvery PS Four: 3811, duly 20151StMC.-oa use Domestic earn Receipt EXHIBIT # Page 490 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 22, 2021 Case #: 21-00000433 SILER KENNETH & CONNIE M 497 S WILSON STR CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following informationis provided to you concerning these violations: Location of Violation: 142 WASHINGTON ST Tax Identification Number: 20-3N-23-2390-0006-0110 Legal: SULLIVAN ADD LOT 11 BIX 6, , If the violations) noted in the attached Statement of Violation (Violation Detail), are not connected by July 08, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate, The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alc:obia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 491 of 767 VIOLATION DETAIL PAGE 1 WE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST 'OLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/26/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county.solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article 111 of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT I Page 492 of 767 Y 1V17rf11V1V LL' 22i1L reAmm 6 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (1) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 )EF'RIPTION: RECREATIONAL CAMPS/TENTS DATE: 5/05/21 _CATION: ORDINANCE DESCRIPTION : CONTINUED EXHIBIT #` Page 493 of 767 V.LUi T_LL1V LL"il'AiL • CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan: The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and,. any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be perforated to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the Page 494 of 767 v .1.v.urii lvXV JJ . ti1L CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST ORDINANCE DESCRIPTION : management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense_ CORRECTIVE ACTION REQUIRED : PROHIBITED Page 495 of 767 Y JULH't 1U1V LL*'1"li1L L auti CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST CORRECTIVE ACTION REQUIRED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the .building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/05/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. EXHIBIT Page 496 of 767 V 1 JWt 11 V1Y LL' 11111 t'H1i11 CASE NUMBER 21-00000433 PROPERTY ADDRESS 142 WASHINGTON ST 0 ORDINANCE DESCRIPTION : It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between theedge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a)'Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable EXHIBIT #_ Page 497 of 767 V 1vJ.An,a,svav JJ .1J'11JJ • CASE NUMBER PROPERTY ADDRESS 21-00000433 142 WASHINGTON ST ORDINANCE DESCRIPTION : diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. EXHIBIT # Page 498 of 767 OI.7ICUL { USPS.come- USPS Tradcing® Results • USPS Tracking® Track Another Package + Tracking Number: 70201290000156822380 Your item was delivered at 11:43 am on July 10, 2021 in CRESTVIEW, FL 32539. U.S. Postal Service CERTIFIED MAIL RECEIPT Ocrnestir. Marl Only G Delivered July 10, 2021 at 11:43 am CRESTVIEW, FL 32539 .iet Updates v 171 nJ to ► • F ! C:. gar dcI v y rnt drord vo<0 •ou• websrtr.:z! ,vriw trsps 'om L a s� ems_ r. Oaar.ewnwrw.ea.Ik.m, • _ a1/411018protare SIa+.a OAcluit 31grolkee Floolektril wwurs t7 EPoslapenj O '1Twf *�rrr� __ Firs Text & Email Updates .rq G ' 6 Tracking History Product Information gemierntroltsoll .576 c:21 - See Less /\ FAQs > Remove X 11 co d V N./ N./ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. 1 httpsJ/toots.uses.com/go/TrackConfim Adion?tRef-fullpage&tL 2Stext28777=&tlebets=70201290000156822380%2CMABt--false 1/2 Page 499 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: 7/7/2021 Siler Kenneth & Connie M 497 S Wilson Str Crestview, FL 32536 RE: CASE# 21-433 Dear Property Owner: You are hereby formally notified that on August 17, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held conceming violations that continue to exist on a parcel of property belonging to you located at 142 Washington Str, Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-2390-0006-0110 LEGAL DESCRIPTION: SULLIVAN ADD LOT 11 BLK 6 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate fords the violation to be irreparable or irreversible in nature, a fme, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fme, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Encl: Notice of Violation Page 500 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Form 53A Appeedl 8 Revised 2021 Page 501 of 767 STATEMENT OF VIOLATION Code of Ordinance Violated: Ch. 70 Solid waste and Recycling Sec 70-27 Refuse not acceptable for collection (1-7): Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons, and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) (5) (6) (7) Solid wastes resulting from industrial processes. Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. Refuse created by any private contractor as described in sections 70-35 and 70-36. Animal waste, dead animals, or tires. Corrective Action: You may abate the violation by properly selecting these items and disposing of it at an approved facility. Code of Ordinance Violated: Ch. 38 Sec 18 (I) and (J) Inoperable vehicle/Parts 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38--18. (i)Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. EXHIBIT # Page 502 of 767 (j)The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action: You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. Code of Ordinance Violated: Ch 38 Sec 18 (d) Demolition of structure (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective action: Obtain a building permit and demolish the structure. Code of Ordinance Violated: CH 38 SEC 18 (b) Trash, debris, garbage, refuse. (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective action: Please select all trash, debris by category and dispose of them properly. Code of Ordinance Violated: Ch 38 Sec 18 (k) Vegetation — weeds (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including t EXHIBIT # Page 503 of 767 the area between the edge of the pavement in the street and the lot line. Corrective action: Please remove all overgrown vegetation. EXHIBIT # 1 Page 504 of 767 U.S. Postai TIFIE� MAIL RECEIPT CFRTIFI G.., (�a"7ry�il� Prr�'P °r+r1d ' r .�� to *I tv:vw-+lpS" uilpTtYlhtiO�' JIS�1 Clu rvn5� 1:1— r —13 m _ .tromicofar` +"I ;i \ 11.1 aar.r.cariwoict, rj. \ if,t.' i ) 0 P Degivsjr $ -------.----. , t,,,,k eDe5vat5 J �14 Peewee — N r Complete hems 1, 2, and 3. Print r name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to PNIO Yh "I- 1 J4"1 S wv.soo ' c vi , 1 32630 111 11111111011111111111111101 9590 9402 5522 9249 9967 85 ILK 2. Article Number (riertsfer from asndce feb&J 7020 1290 0001 234b 7194 PS Form 3811, July 2015 PSN 7530-02-000-9053 D Agent CfMdressee C. Date of Depveryry ab delivery address dilfeent from Nem IT 0 Yes l,` No oService llipe u'Signature neetrloted Del ay O CCertified Mall ollect R�Moted Delivery o cabal oe «M°�y e d Deaver/ Mat i coy nPlibrilY Mal Evillest, O =tied Man Restricted 0 Receipt far aterohmafte Q13 Signature Conflanalonud ffigrst ae Reebtotat Delivery Domestic Return Recetat Page 505 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Kenneth and Connie Siler 497 Wilson Street South Crestview, FL 32536 Respondents. Inst. #3483013 Bk 3569 Pg: 1018 Page 1 of 3 Recorded: 824/2021 10:35 AM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY FLORIDA CASE# 21-433 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 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, Kenneth and Connie Siler, whose last known mailing address is 497 Wilson Street South Crestview, FL 32536, is the owner of the property located at, 142 Washington Street, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0110 , and more particularly described as: SULLIVAN ADD LOT 11 BLK 6 2. The condition on the property consists of refuse not acceptable for collection, Inoperable Vehicles, Vehicle Parts; Trash, Debris, Garbage, Overgrowth, and an Unsafe Structure that needs to be demolished or repaired. The violation(s) were first observed on May 5th, 2021. A Notice of Violation was mailed by certified mail May 28, 2021 and received by Page 506 of 767 respondent on June 3rd, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards, Nuisance Conditions, - Sec. Sec 18(b), (d), (I), (J), (k) and Chapter 70 Sec. 27- Solid Waste and Recycling , of the City of Crestview's Code of Ordinances and requested correction of the violation by June 10,2021 . Re inspection of the property on June 10,2021, 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 , Nuisance conditions - Sec. Sec 18(b), (d), (I), (J), (k) and Chapter 70 Sec. 27- Solid Waste and Recycling , 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 Page 507 of 767 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 September 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 September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s); a. Dispose of all tires, appliances, and all solid waste not acceptable for pick-up and dispose of at an approved facility. b. Remove the inoperable vehicles, campers, and vehicle parts from the property. c. Obtain a building permit to demolish the building. d. Remove all overgrowth, debris, and trash from the property. 10. If the violations) are not corrected by September 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. Done and Ordered on the 17th, Day of August 2021. IO►"t/g._ Speci JA agistrate City of Crestview, Florida RIGHTTO 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. Page 508 of 767 City of Crestview, Florida, Petitioner, VS. Kenneth and Connie Siler 497 Wilson Street.South Crestview, FL 32536 Respondents. CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #3591814 8►c 3651 Pg: 4510 Page 1 of 3 Recorded: 11/18/2022 1238 PM RECORDING ARTICLE V: $1200 RECORDING: $15.Op DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-433 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 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, Kenneth and Connie Siler, whose last known mailing address is 497 Wilson Street South Crestview, FL 32536, is the owner of the property located at, 142 Washington Street, Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0006-0110 , and more particularly described as: SULLIVAN ADD LOT 11 BLK 6 2. The condition on the property consists of refuse not acceptable for collection, Inoperable Vehicles, Vehicle Parts; Trash, Debris, Garbage, Overgrowth, and an Unsafe Structure that needs to be demolished or repaired. The violation(s) were first observed on May 5th, 2021. A Notice of Violation was mailed by certified mail May 28, 2021 and received by Page 509 of 767 respondent on June 3rd, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards, Nuisance Conditions, - Sec. Sec 18(b), (d), (I), (J), (k) and Chapter 70 Sec. 27- Solid Waste and Recycling , of the City of Crestview's Code of Ordinances and requested correction of the violation by June 10,2021. Re inspection of the property on June 10,2021, confirmed that violation(s) continue to exist on the property. 3. Proper notice of the cited violations and the notice of hearing was sexyed 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 , Nuisance conditions - Sec. Sec 18(b), (d), (I), (J), (k) and Chapter 70 Sec. 27- Solid Waste and Recycling , 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 Page 510 of 767 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 September 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 X250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Dispose of all tires, appliances, and all solid waste not acceptable for pick-up and dispose of at an approved facility. b. Remove the inoperable vehicles, campers, and vehicle parts from the property. c. Obtain a building permit to demolish the building. d. Remove all overgrowth, debris, and trash from the property. 10. If the violation(s) are not corrected by September 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. Done and Ordered on the 17th, Day of August 2021. CERTIFIED A TRUE AND Sped- , },eg sttat ' CORRECT CAPY City of Crestview, Florida BY: j 7eredby'=n—thes,pmai InWC-• RIGHT TO APPEkL —You have the right, atyour own expense, to a ZtPpeal this ca ` agstrate 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 lieu bolder: City of Crestview, 198 North Wilson Street, Crestview, Florida 32536. Page 511 of 767 Case # 21-322 525 Brackin St Owner of Record: Timothy & Alisca A Simpler 1344 Sexton Drive, Baker, FL Origination Date: 5/1/2021 Origination Code: Proactive Violations: Chapter 38 Section 18 (d) Demolition of Structure Corrective Action Required: Obtain a building permit to demolish the unsafe structure and remove all demolition debris from the property. Or, 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. Notice Sent: 5/26/2021 Signed: Returned to Sender Compliance Date: 6/8/2021 Inspected: 6/30/2021 Results: In Violation Notice Sent: 6/30/2021 Signed: Returned to Sender Compliance Date: 7/14/2021 Inspected: 7/16/2021 Results: In Violation Public Hearing Notice Sent: 8/19/2021 Signed: Returned to Sender Hearing Date: 09/21/2021 Property remains in violation. Order Recorded: 9/29/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Daily fine: $250 Fines: $119,000 Due by 10/22/2021 Start: 10/22/2021 as of February 9, 2023 (not including interest) Property Value: $20,513 Related Properties: 1344 Sexton Dr, Baker, FL 32531- Homestead property, Timothy Simpler Page 512 of 767 CASE # 21-322 525 BRACKIN STREET TUESDAY, SEPTEMBER 21, 2021 EXHIBIT 2 Page 513 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS DATE O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS O (g) SHUTTERS (h) EXTERIOR DOORS (i) EXTERIOR DOOR FRAMES AND STOREFRONTS (j) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS y(I) PORCHES AND BALCONIES 525 BRACKIN ACCRESS-LOCAT1ON OF VIOLATION O (m) STAIRS O (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS t(u) RODENT HARBORAGE "<(v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: w,,JMMENTS/CORRECTIVE ACTION(S): 72:s ,e+urc � , VA sSe S „Ai -' COv.cre c rew4q^, 1 o f Sir. �kre +ro... prere/{7. T & de A �ef c roo }- j'7 fie..., 1 d +C [ S ��t T c. f(/erse'c! _lc 1q 5] ii &met -ia k rr fatirr a A r 5 f O 4-111 c jrtrued 4,1 w.�S i t[ it FP ; r ci, D rr -lo _de 0441i ve t►1owr i- O r1 <•K, 4r 00144 5d a a� S- r -� fr +► 'isJ 1Yw�otrt -Ave.% prat -eel -7 (-JrC it'll �yS'4•"` is v,-%SicY sS tacit SIGNATURE OFFlCIAL A4,/d ,AzwizG, PRINTED NAME OF OFFICIAL EXHIBIT #_ Page 514 of 767 21-322 EXHIBIT 2 September 09, 2021 12:45PM 525 Brackin St Crestview FL 32539 • me. s• Trr4rewrw��.� rw�v�r�r gawp ��---rlr.►11r, �I ��wYrwr4 Page 516 of 767 21-322 EXHIBIT 2 SEPTEMBER 21,2021 Page 517 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 25, 2021 Case #: 21-00000322 TIMOTHY & ALISCA A SIMPLER 1344 SEXTON DRIVE BAKER, FL 32531 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 525 BRACIUN ST Tax Identification Number: 09-3N-23-0000-0017-0000 Legal: BEG 310 FT S OF NW COR OF, NW1/4 OF SW1/4 E 200 FT S 70, FT W 200 FT N 70 FT TO • If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 08, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT Page 518 of 767 V 1 V1,Ei,TI UDI L). i .L Al L YAUB 1 CASE NUMBER 21-00000322 PROPERTY ADDRESS 525 BRACKIN ST IOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : Page 519 of 767 ViuLK' ILM L.il"AiL CASE NUMBER 21-00000322 PROPERTY ADDRESS 525 BRACKIN ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. Page 520 of 767 City of Crestview Community Development Services P. 0. Box 1209 - Crestview, Florida 32536 NJ Si Li L9L JO i.Zg abed 7020 3160 0001 0731 1493 321633.SrT ; izamarm U 06 9 Y - ZIP 32536 041M 11297338 Timothy & Alisca A Simpler 1344 Sexton Drive Baker, FL 32531 NIkrE x"2 DE 0065/2 t Z1 ecTU Y TO SE ot€ U1 AALE 10 POtAWARD REF BC: 32555 129909 *Z633-_o43So-23-37 IPt%tl,ttiilt1lltt11ii1d" "14111tI1lt 1114illltl,1lt.t tk1 1 3 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 30, 2021 Case #: 21-00000322 TIMOTHY & ALISCA A SIMPLER 1344 SEXTON DRIVE BAKER, FL 32531 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 525 BRACKIN ST Tax Identification Number: 09-3N-23-0000-0017-0000 Legal: BEG 310FTSOFNWCOROF, NW1/4OFSWI/4E 200 FT S 70, FT W 200 FT N 70 FT TO If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 14, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penaldes as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. i •en 1y, Deborah Lawson Code Compliance Officer 850306.3702/850.612.9714 EXHIBIT # 2 - Page 522 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00000322 PROPERTY ADDRESS 525 BRACKIN ST :IOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 523 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000322 PROPERTY ADDRESS 525 BRACKIN ST CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. C EXHIBIT # 2 - Page 524 of 767 CERTIFIED MAIL •Zity of Crestview Community Development Sery P. 0. Box 1209 Crestview, Florida 32536 L9L JO SZS abed i i 11111 7020 1290 000] 281 .16 711'8 FL 325 PM 1 L i HE 13 . $O96 96E ZIP 32536 W.%. 041 M11297338 e ‘P TIMOTHY & ALISCA A SIMPLER (' _ \ 4' e Uq 1344 SEXT`'"n'� "1 BA KER, Fl ivYXEE ZZ o'E. S. f/03/251Z1 RETURCN To •S•Ef 'DEP. CLriIME.. UN ABLE • TO 'FO RWARD U NC 3C: 101141kIfigAtOpurifirjAiiitati.: CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 8/18/2021 Alisca A & Timothy Simpler 1344 Sexton Drive Baker, FL 32531 RE: CASE# 21-322 Dear Property Owner: You are hereby formally notified that on September 21, 2021, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 525 Brackin Street, Crestview, FL 32539 more particularly described as: PIN# 09 -3N -23 -0000 -0017 -00tH? LEGAL DESCRIPTION: BEG 310 FT S OF NW COR OF NW1/4 OF SW1/4 E 200 FT S 70 FT W 200 FT N 70 FT TO POB The Special Magistrate has the power to levy fines up to $250 per day for a f rst violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). End: Notice of Violation EXHIBIT # Page 526 of 767 A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. er ly, r ebora.n t .awsr' Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # Z Form 53A AppaMis 3 Revised 2021 Page 527 of 767 STATEMENT OF VIOLATION Case # 21-322 525 Brackin Code of Ordinance Violated: Chapter 38 Section 18 (d) Demolition of Structure Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective Action Required: a. Obtain a building permit to demolish the structure and remove all demo debris from the prop y 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. Page 528 of 767 City of Crestview Community Development Set P. O. Box 1209 ,A Crestview, Florida 32536 eitt: L9L JO 6ZG e6ed 7009 2250 0003 6504 1639 avivirdwAsos44 LA FL 325 2021PM 1. L I//SeA -fr ✓;e' 6 4ke-, PL aas.3r NIXIE 322 DE 1 0008/26/21 RETURN TO SENDER NO SUtV4 *STREET UN A$L.E TO F OR WAR D 8C: 32336120909 *2638-05847-20-38 11'111,1,1'11111'il'11111111611'11111111„1111$1111,1:11:111 U5 POST AG E 5496 96° t ZIP 32536 041M 11297338 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box12O9, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-322 , being duly sworn, deposes an state, that am employed b the City of Crestview, Florida, hat on the the day oA 1, I by personally posted said Notice of Hearing at: 525 Brackin Street and 198 Wilson St N. Crestview, Florida, in the County of Okaloosa. ,\)piwasA Imv p, of said s Sign. ire Is attached hereto. ti Y1/01{ Before me, the undersigned authority personally appeared €O Liao , who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this q the day of 2021. (SEAL) MY COMMISSION EXPIRES: .0,5tY PV0 Jordan Davit Notary Public, State of Florida < My Commission Expires 09-09-2023 4c 0. Commission No. GG 955262 Form 54 Appendix 9 EXHIBIT # Page 530 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS .54ya 1 aTE O (a) FOUNDATION , (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SIORTING (e) EXTERIOR WALLS (1) wlNDows O (g) SHUTTERS (h) EXTERIOR DOORS f(I) EXTERIOR DOOR FRAMES AND STOREFRONTS t a) EXTERIOR SURFACE TREATMENT UJA, (k) STRUC7'l1RAL SUPPORTS 0 (I) PORCHES MID BALCONIES 525 BRACKIN ACORESCLOCATKINCRAOLAIONI O (m) StAIRS £: (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (P) CHIMNEYS, PLUM AND VENT ATTACHMENTS X1:(9) OVERHANG EXTENSIONS O (r) INSECT SCREENS 0 (s) ACCESSORY STRUCTURES O (q SWIMMING POOLS 1 (u) RODENT HARBORAGE 0,1s) EXTERIOR LIGHTING D (w) FENCES AND WALLS O OTHER: CL _,IIVTENTS/CORRECTIVE ACTION(S): .7 ++ .1 ,54..,, , r .S vn s c q j -r. t'Yco r 1 e . irvG w t'ror+ - f . Er "'s L. i, d- rocC r 7 vie..., it n of i.".1 I f I,i S to r.tt, I $°tee/ Ev' ..4 . DLY -JD -1 [�C` refiive �rMQc.rt - 011J-1 L r 7 on. fa)) �"Irt QI relNio , " c4-rr ref% toy, • -5� -07 PRIMED UWE OF . • OFFc&aL DATE Page 531 of 767 EXHIBIT 2A 525 BRACKIN Page 534 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Timothy & Alisca A Simpler 1344 Sexton Drive Baker, FL 32531 Respondents. Inst. #3492881 Bk: 3577 Pg: 798 Page 1 of 3 Recorded: 9/29/2021 3:07 PM RECORDING ARTICLE V. $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-322 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 21, 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, Timothy & Alisca A Simpler, whose last known mailing address is 1344 Sexton Dr Baker, FL 32531-8008, is the owner of the property located at, 525 Brackin Street Crestview, FL 32539, AKA PIN# 09-3N-23-0000-0017-0000, and more particularly described as: BEG 310 FT S OF NW COR OF NW1/4 OF SW1/4 E 200 FT S 70FTW200 FTN70 FTTOPOB 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on May 1, 2021. A Notice of Violation was mailed by certified mail May 26, 2021, and the respondent refused the notice. A second Notice of Violation was mailed certified mail return receipt on June 30, 2021 and was also refused by the respondent. Pursuant to Florida Statue 162.12, the property located at 525 Brackin Street and 198 Wilson Street North were posted on September 9, 2021.The Notice stated that the Page 535 of 767 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 June 8, 2021. Re inspection of the property on June 30, 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 - Sec. 38-18 (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: Page 536 of 767 S. On ' or before October 22, 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 October 22, 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. 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 October 22, 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. Done and Ordered on the 21st, Day of September 2021. Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: a e: 021.09.28 18:05:15 -05 Special Magistrate 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 fling, 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. Page 537 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Timothy & Alisca A Simpler 1344 Sexton Drive Baker, FL 32531 Respondents. Inst. #3591817 Bk 3651 Pg: 4519 Page 1 of 3 Recorded: 11/1E1/2022 12:38 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 21-322 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 21, 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, Timothy & Alisca A Simpler, whose last known mailing address is 1344 Sexton Dr Baker, FL 32531-8008, is the owner of the property located at, 525 Brackin Street Crestview, FL 32539, AKA PIN# 09-3N-23-0000-0017-0000, and more particularly described as: BEG 310 FT S OF NW COR OF NW1/4 OF SW1/4 E 200 FT S 70 FT W 200 FT N 70 FT TO POB 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on May 1, 2021. A Notice of Violation was mailed by certified mail May 26, 2021, and the respondent refused the notice. A second Notice of Violation was mailed certified mail return receipt on June 30, 2021 and was also refused by the respondent. Pursuant to Florida Statue 162.12, the property located at 525 Brackin Street and 198 Wilson Street North were posted on September 9, 2021.The Notice stated that the Page 538 of 767 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 June 8, 2021. Re inspection of the property on June 30, 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 - Sec. 38-18 (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: Page 539 of 767 8. On or before October 22, 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 October 22, 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. 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 thestructure, submit plans, applicable documents and pay associated fees. 10. If the violation(s) are not corrected by October 22, 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. Done and Ordered on the 21st, Day of September 2021. CERTIFIED A TRUE Samuel B. Digitally signed by Samuel AND B. Taylor CORRECT COPY Taylor Date: 2021.09.28 18:05:15 flA! — -05'00' BY:►�1�� Special Magistrate City of Crestview, Florida DATE: \ ■-- � � — . 'Z 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. Page 540 of 767 Deborah Lawson 'rom: Sent: To: Cc: Subject: Deborah Lawson Thursday, January 5, 2023 4:54 PM Joshua Grace Madeline Tatom 868 Bay Josh, I talked to Roderick Ford, the owner of 868 Bay Street. Mr. Ford stated that he had spoken with Mr. Holloway a year or so ago about donating the property. He has no interest in keeping the property and stated that he is not willing to pay the fines associated with the previous Code case or the current Code case. According to Mr. Ford, there is an issue with the deed. Can we look into this? I'll be happy to contact Mr. Ford, but if you need to, his number is (702)275-0464. Thanks, ONE CITY ONE MISSION Deborah Lawson Code Compliance Officer City of Crestview 850.306.3702 office 850.612.9714 cell 1 Page 541 of 767 Case # 21-257 868 Bay Owner of Record: Roderick L Ford Sr Et AL 100 Pine Trace Lane Kathleen, GA 31047 Origination Date: 12/15/2020 Origination Code: Proactive Violations: Chapter 38 Section 4 (4) Trash/Vegetation/Debris/Junk Corrective Action Required: Remove the vegetation, trash/debris, junk off the property. Notice Sent: 12/16/2020 Signed: 12/22/2020 Compliance Date: 12/28/2020 Inspected: 12/29/2020 Results: In Violation Notice Sent: 12/30/2020 Signed: 1/04/2021 Compliance Date: 1/6/2021 Inspected: 1/8/2021 Results: In Violation Public Hearing Notice Sent: 4/9/2021 Signed: 4/16/2021 Hearing Date: 5/10/2021 Property remains in violation. Order Recorded: 5/26/2021 Re-recorded with wet stamp 12/13/2022 Hearing fee: $250 Due by 6/19/2021 Daily fine: $250 Start: 6/19/2021 Fines: $150,250 as of February 9, 2023 (not including interest) Property Value: $51,673 Related Properties: Case #23-187: 868 Bay, Active case. Violations: Trash/Debris, Overgrown Vegetation, Solid Waste, Overhang, Exterior Door, Porch, Roof, Structural Supports, Windows Page 542 of 767 21-257 868 BAY STREET EXHIBIT 4 Page 543 of 767 CITY OF CRESTVIEW OMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer f209, Crestview, Florida 32538 Phone (850) 883-0896 Date: December 15, 2020 Case #: 21-00000257 FORD RODERICK L SR ET AL 1915 BLUE RIBBON DR LAS VEGAS, NV 89142 Dear Property Owner, 1 This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 868 BAY ST Tax Identification Number: 20-3N-23-0000-0056-0000 Legal: BEG 564 FT E & 157.5 FT SE OF, NW COR OF SW 1/4 OF NE 1/4 SE, 127.5 FT SW 210 FT lithe violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 28, 2020, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and S500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, \—Ah: Code Compliance Officer EXHIBIT Page 544 of 767 SENDER: COMPLETE THIS SECTION • Complete items 1. 2, and 3. R Print your name and addrees on the reveres so that we can return the card to you. • Attach this card to the back of the mafptece, or on the front If space permits. 1. Ardele Addressed to • 'Pori efo Rt 1(X) 'Pike 111NLEt,Gig- 34o IIVRNIRL911111111Y1[m COMPLETE THIS SECTION ON DELIVERY B. Red't`rved Name] C. Dater of Delivveerryy�, D. to delver/ address dMaaitfrom Item 17 0 Yes If YES, enter delivery address below Cl No 3. Stevloe1Ype 9590 9402 5896 0049 4826 78 ° Credited Mel a De�1°'s' J oWeoca►anna 2. Article Number (Mister from sa to febe° I Collect on Mow Restricted DOW/ Ireneed Met• 0 F ,NeliReeO edD.a,s PS Form;aar 7019 2970 QOOQ ......,__ 9142 11993' �t O 'deftly WIOpera 1:1 Regisiered Mara 0 =tend Mel Realtottd 0 Return Repot for Menahendiee 0Sionsture � Restricted Delivery Dontesdo Return Reoelpt a Page 545 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: December 30, 2020 Case #: 21-00000257 FORD RODERICK L SR ET AL 100 PINE TRACE LANE KATHLEEN, GA 31047 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 868 BAY ST Tax Identification Number: 20-3N-23-0000-0056-0000 Legal: BEG 564 FT E & 157.5 FT SE OF, NW COR OF SW1/4 OF NE 1/4 SE, 127.5 FT SW 210 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 06, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, eplee,h), Code Compliance Officer EXHIPIT Page 546 of 767 u Complete items 'IA and a ▪ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailplece, or on the front if space permits. T 1. Article Addressed to: TOR- 2o et Joo r?ifi E 7RAtof Lam• g>A--TRI 6 I4 of 3/o47 IiIiIII1I110 minio11oiouiu �R 2 Articles PSForm' __ A/9 g',‘mt.. r C. l7. b delivery address different from Item 1? G Tres If YES. enter delivery address below:. D No Service 1Srpe Wane • r Jun Stratum Flmarldsd Dewy ,61 MeMD Carl d MO Raeldotaa Dewy CI COMOan Dltllvsry 13 Mall Ewen. 13 Regleread Mart, o SZard MeA fteeMated D Regan Receipt*" ttirri mmsdirn Receipt rj Page 547 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: January 12, 2021 Case #: 21-00000257 FORD RODERICK L SR ET AL 100 Pine Trace Ln KATHLEEN, GA 31047 Dear FORD RODERICK L SR ET AL, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 868 BAY ST Tax Identification Number: 20-3N-23-0000-0056-0000 Legal: BEG 564 FT E & 157.5 FT SE OF, NW COR OF SW1/4 OF NE 1/4 SE, 127.5 FT SW 210 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 18, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. S Y� Code Compliance Officer 4 Page 548 of 767 Complete berme 1, 2, and 3. Print yourname aid althea cn the reverse so that we can return the card to you. this card to the back of the mailpleoe, r on the front If space permits. 1. Ankle Addressed to 10- foiSE-0eKi 100 pile TRACE I -N. -TPLE +,GA- 310.4 II1J1II1IE1I111IIllhIifai!eeoai'e D Add/asses of Davey D. Is deNvay adcboss argentfrontnem1? tf YES, enter delivery address below: p No 3. Swiss 7yrpe D per, rise no �"� owedbAspi Adult � aee6loe,rJ OaNer,, p � �. C11" o't Q �Rsoe for 2..Article Number (lrermfer from smite Q t:opeot on Debery Restricted Delivery 0 s atusOP,inhmidlonm O thawed 3 O arpnddme vorni Kinon 7019 2970 00 at�alr 00 9142 1129n e t adD ery tt..tetteaneeYe,y PS Form 3811, Jury -2015 PSN?534o2 uDo Dome,Domesec Return Recelpt 0 1, Page 549 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32836 (850) 683-0896 NOTICE OFPUBLICHEARING DATE: 4/9/2021 Roderick Ford Sr 100 Pine Trace Ln. Kathleen, GA 31047 RE: CASE# 21-257 Dear Property Owner: You are hereby formally notified that on May 18, 2021 at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North Crestview, Florida in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 868 Bay Str, Crestview, FL 32536 more particularly. described as: PIN# 20-3N-23-0000-0056-0000 LEGAL DESCRIPTION: BEG 564 FT E & 157.5 FT SE OF NW COR OF SW1/4 OF NE 1/4 SE 127.5 FT SW 210 FT NW 127.5 FT NE 210 FT TO POB 1056-469 The Special Magistrate has the power to levy fmes up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). Encl: Notice of Violation Page 550 of 767 STATEMENT OF VIOLATION 1. Code of Ordinance Violated: CHAPTER 38-4 SECT. 38-4 The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is herebyprohibited, and declared to be a public nuisance. 2. Corrective Action: Remove all vegetation, debris, rubbish, trash, garbage, garden trash or junk, from the property. Page 551 of 767 II Comps kerns 1, 2, and 3. • Print your name and address on so that we can return the card to youhe reverse Attach thla card . a or on the fro N tothe back ace the rnat�pje� ArtloleAddreesed to: - — 40o Pr `--k . - t A. NRMtzers1I6H slap} 2. 8 L9L JO gg abed 9590 9402 5523 9249 0072 20 a Article Number (T fivin e 70213 1240 000], 2346 7434 Form 3811 a July 2015 PSN 75.304:600 .30:53 COMPLETE T HIS SECTIO N ON DELIVERY A w._ D tf delivery dif front delivery was belo w: C7 No ee of Delivery --�. Aeiii Certified_ Mali %Meted c �� as �e®air on Y _um_Return R PNbr Cogent y} :voy �fYery a 000rnavorna ifa '� ❑ Dorr►esNc Return Receipt Crestview, Florida, United States 875 Bay St, Crestview, FL 32536, USA Lat N 30° 44' 50.244" Long W -86° 33' 57.6072" 15/12/20 12:33 PM Crestview, Florida, United States 875 Bay St, Crestview, FL 32536, USA Lat N 30° 44' 50.3304" Long W -86° 33' 57.5784" 29/12/20 12:25 PM Crestview. Florida, United States 875 Bay St, Crestview, FL 32536, USA Lat N 30° 44' 50.244" Long W -86033' 57.726" 08/01/21 12:18 PM Crestview, Florida, United States 875 Bay St, Crestview, FL 32536, USA Lat N 30` 44' 50.3448" Long W -86° 33' 57.5424" CASE # 21- 257 , COMMUNITY Y DE .LA _:: I v.. SERVICES DB1 CODECOMLANCEDI ONARTY /98 Maori StreetNorth Crestview, fl 3t536 (8 o) 683-0896 NOTAX OF IIVSLICHi HEARING DATE: 4/912021 Roderick Ford Sr 100 Pine Thee Ln. Kathleen, GA31047 RE: CASE/21457 Dear Patapesty Owner: Yon we busby formally notified fleet on May 111.1$21 It SITI 1' M. s_m 1r s r lianas w City ktentod at 198 Wibea Street Web Comae* flohdi st1 to C1a eTivrsa u being bekl cameo° m►E violations that contour toast one mead mat pmoper ^� ...:-e to iueatei as SGS Bay Str, Creaviciv, FL 32536 moot psmtseulrtty ttosomee t JINN 20-3x•23-0000.00344000 LEGAL DESCRIPTION: Etit;'14 r 4- x t rrrsi ;F?� COR OF SW1/4 OF HE 1/4 SE 12T.5FlSW 210 Fr 4Wi27SF1'.NF,Ytf I"TOPOD itrSl..4bQ `tbe 5iw -$1 Msgetnes has the power to levy fare on to 5250 pa day tor* vibtebbb. sad up to 5500 per day for * repeat viol lion. If the Sp rel %for ate ' aid ► the vie non to he in -voluble nstwe, I toe, not teemed med SS,000 par vioista t. now be ale or vbebd000„ cc caei a.m..or if the ecxaditiondatn; the vaoat A the Special tirest max pubic �b safety the laical �tavernm,y body, *harsh y coke 1 resaoo■bk replan f°4 tot the will tarty. noctptirenec. and amp.the »d sor wetsflurtasocale cos oftbe reps along with the y tateaamp. �u+ad f the t rt y c+ sag ati rweercvtmr>< a CAM Wore t hr Spec++! 4:1 i��� ?Ilan rfre ri€4 ramr tr.ctrred • promo/emir the else before the Spcoral rttld juch - ! • n !ci the tie, ashamed aoda FS 161.09(31 J "d � � r�' *14 :55 AM reet North Crestview 0' . oosa County Florida EXHIBIT 4 Page 557 of 767 . , Crestview, Florida, United States 875 Bay St, Crestview, FL 32536, USA Lat N 30° 44' 50.1072" Long W -86° 33' 57.834" 18/05/21 08:23 AM °r • z 4 Crestview, FIc,rid�, Unit€ d States F375 E3ay Lat NI 30" O4' 5O.13Ei" Lone W -F3E6" 33' 57.4SE5" 18/O_.,/21 C)f3:23 AM CITY OF CRESTVIEW FLORIDA City of Crestview, Florida, Petitioner, vs. Roderick Ford Sr 100 Pine Trace Ln. Kathleen, GA 31047 Respondents. SPECIAL MAGISTRATE 198 Wilson Street North Crestview,1 L 32536 Inst. #3458482 Bk 3549 Pg: 1748 Page 1 of 3 Recorded: 5/26/2021 10:14 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA 4, CASE# 21-257 FINDINGS OF FACT, CONCLUSIONS 6F LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 18th, 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, Roderick Ford Sr, whose last known mailing address is 100 Pine Trace Ln., Kathleen, GA 31047, is the owner of the property located at, 868 Bay Str, Crestview, FL 32536, AKA PIN#20-3N-23-0000-0056-0000, and more particularly described as: BEG 564 FT E & 157.5 FT SE OF NW COR OF SW1/4 OF NE 1/4 SE 127.5 FT SW 210 FT NW 127.5 FTNE210 FT TO POB 1056-469. 2. The conditions on the property consist of vegetation, trash/debris, junk. The violation(s) were first observed on December 15, 2020. A Notice of Violation was mailed by certified mail December 16, 2020 and received by respondent on December 22, 2020. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Page 559 of 767 Sec. 38-4 (4). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by December 28, 2020. Re inspection of the property on February 2nd, 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: ti 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. 38-4 (4). - 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. Page 560 of 767 ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before June 19, 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 June 19,2021, the Respondent is to correct the violation(s) by conducting the following action(s): removing the vegetation, trash/debris, junk off the property. 10. If the violation(s) are not corrected by June 19, 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 unposed herein shall accrue interest at the rate of 6.77% per annum until paid. Done and Ordered on the 18th day of May, 2021. sw 7rr Sp, : , al Magistrate 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. Page 561 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Roderick Ford Sr 100 Pine Trace Ln. Kathleen, GA 31047 Respondents_ Inst. #3595741 Bk: 3654 Pg: 3379 Page 1 of 3 Recorded: 12/13/2022 2:07 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK I1 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-257 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 18th, 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, Roderick Ford Sr, whose last known mailing address is 100 Pine Trace Ln., Kathleen, GA 31047, is the owner of the property located at, 868 Bay Str, Crestview, FL 32536, AKA PIN#20-3N-23-0000-0056-0000, and more particularly described as: BEG 564 FT E & 157.5 FT SE OF NW COR OF SW1/4 OF NE 1/4 SE 127.5 FT SW 210 FT NW 127.5 FT NE 210 FT TO POB 1056-469. 2. The conditions on the property consist of vegetation, trash/debris, junk. The violation(s) were first observed on December 15, 2020. A Notice of Violation was mailed by certified mail December 16, 2020 and received by respondent on December 22, 2020. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property. Maintenance and Housing Standards - Sec. 38-4 (4). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by Page 562 of 767 December 28, 2020. Re inspection of the property on February 2nd, 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 - Sec. 38-4 (4). - Maintain a public .uisance 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 June 19, 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 June 19,2021, the Respondent is to correct the violation(s) by conducting the following action(s): removing the vegetation, trash/debris, junk off the property. Page 563 of 767 10. If the violation(s) are not corrected by June 19, 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. Done and Ordered on the 18th day of May, 2021. CERTIFIED A TRUE AND CORRECT CQPY Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.12.0611:05:13 -06'00' Special Magistrate City of Crestview, Florida BY \``' DATE: 1 a- — \• —,- z -- RIGHT TO APPEAL — You have the right, at your own expense, appeal Order entered by the Special Magistrate by filing a wit of certio ri foappeal to thesCircuit 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. Page 564 of 767 Case # 22-827, 22-828 221 S Booker St Owner of Record: Kenny Siler 497 S Wilson St, Crestview, FL 32536 Origination Date: April 19, 2022 Origination Code: Police Dept Referral Violations: Trash/debris- inoperable vehicles - litter - unsafe accessory structure- work completed without required permits. Corrective Action Required: 22-827: a.) Remove the accumulation or open storage of trash, debris, garbage, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or refuse from the property. b.) Remove the inoperable vehicles and parts, machinery, trailers, or boats from the property or bring them into an operable state. c.) Remove the litter from the property. d.) Obtain a demolition permit, demolish the structure and remove all demolition debris from the property or 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 applications, documents and pay associated fees. 22-828: a.) Obtain the necessary permit for the shed or remove it from the property. Notice Sent: 04/29/2022 Signed: No tracking available Compliance Date: 05/10/2022 Inspected: 05/11/2022 Results: In Violation Notice Sent: 05/12/2022 Signed: 05/14/2022 Compliance Date: 05/20/2022 Inspected: 5/25/2022 Results: In Violation Public Hearing Notice Sent: 6/1/2022 Signed: 6/2/2022 Hearing Date: 7/19/2022 Property remains in violation. Order Recorded: 07/26/2022 Re-recorded with wet stamp 12/13/2022 Page 565 of 767 Case # 22-827, 22-828 221 S Booker St 22-827 Hearing fee: $250 Due by 11/21/2022 Daily fine: $250 Start: 11/21/2022 Fines: $29,750 as of March 20, 2023 (not including interest) Property Value: $7,919 22-828 Hearing fee: $250 Due by 10/19/2022 Daily fine: $250 Start: 10/19/2022 Fines: $38,000 as of March 20, 2023 (not including interest) Related Properties: 338 S Booker St 17-3N-23-2490-0080-0130 Case # 23-46 Active Case Violations: Accessory Structures Case # 19-1098 Closed Violations: Solid Waste 385 S Booker St 17-3N-23-2490-0081-0050 Case # 23-112 Closed Violations: Trash/Debris Case # 22-829 Hearing Date: July 19, 2022 Fines: $10,000 Violations: Building Permit Required Case # 21-436 Hearing Date: July 19, 2022 Fines: $14,500 Violations: Vegetation/Debris, Exterior door, Overhang, Windows, Structural Supports, Roofs Page 566 of 767 Case # 22-827, 22-828 221 S Booker St Case # 19-1097 Closed Violations: Debris, Inoperable Vehicles, Overgrown Vegetation Vacant Lot Booker St 17-3N-23-2490-0084-0190 No Case History Vacant Lot Booker St 17-3N-23-2490-0084-0200 No Case History Page 567 of 767 22-827 221 S Booker July 19, 2022 Exhibit 5 Page 568 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4/25/22 DATE #9e•C(If6 7 ,s ..e.' e.rt NATURE OF►Aq[ MCIA4jOBSERVED Art p" 221 S Booker St ADDRESSLOCATEN , fir trio ie reravred a r /It r-4 a•-te CHAPTER 38.65 IMPROVED PROPERTY STANDARDS ,C fa) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SORTING O (e) EXTERIOR WALLS (I) WIDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS • Qi EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES COMMENTS: .004 r, d` O (m) STAIRS ,-1, (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS o (r) INSECT SCREENS (s) ACCESSORY STRUCTURES o (t) SWIMMING POOLS o (u) RODENT HARBORAGE o (v) EXTERIOR LIGHTING o (w) FENCES AND WALLS dergIs: J / fi t . vi+/ Cf +r /;ret- Cr omit. n1 f‘' A. '4,41 416-- Y 441 SGrw OFeLLDWao 1 PRINT®KWEOFBUILDING OFFICIAL Ran&Rag= EXHIBIT #, DATE 4/26/2022 Page 569 of 767 Man 09. 2022 09:35AM 221 S Booker St Crestview FL .32536 Crestview FL 32 536 '=' May 11. 2022 1O:28AM 221 S Booker St Crestview t- L JZb.36 € , _r., 4.1ar .v: 221 S Booker St Crestview FL 32536 my 07, 2022 09:28AM 221 S Booker St July 07. , 2022 09:28AM y r 221 5 Booker St - •• ...t: ..,../3. *'R ��, 3 Case # 22-827 0. LZCH DATlye 0sialrm» 497 3 ea Same Ocstviewt FL 3206 CA31119 32-927 221 S Booker 221 S Booker St 198 N Wilson St DOWPTIPperly O Yon boroby formally spt:Mod &sit cm -haty 19, 7925. ax 5:30 PJt, there +rill he . Public Heart:ea n City Hall. bored at 198 Wilson &n a Horde Crewel rte, Plorida 32536 Lathe Council Chombora. geendallIit bob* bold oceseerning violatione that ohahhtirroo m ado! maps:root of property bat s re you located at 721 3f Booker east. Cie lee, Ps. 32539 mars prrtloulrty dea.c .'bed as rnwr 17-31q-23-24904079-0010 t N SUE[ O CRPSTVIEW i.WTS i TO 3 INC 'ice Special Maedawate has the power to Tarry Ones up to $254 per day For a Ares violation. and to 3300 per day Co, • twit violation. If the Spacial i fai<ssrrte finds the vie/mica to be aropsubto a inevaraildaittinentre, dne not to caroe.t 15.000 par violation. May be baposed. 4f a violation. or the condition canabsi the- violation. pmaarda a serious threw[ le the public totaltb. safety. and wolfbro, or Vibe violation ie irsg3rable or irneversfble in nature, the Special Matirlrate will notify 16e local body, sends may make nil reesrmrhle repairs recp fired io b'riet lac otoporty into ooaoptia nn. , aid charge ,the violator with the two nab le cost of the rapier* aloe* with the free fwd. litho City parvalla f proaecuenu . eeac before the Spec3il Ma jatrrate. If anal.' b. euiitloato reamr all nosh inonered in proaczetins the cam baforD the special H*5Lvrata, and inch costa may be !mc>;eydod I ass Ban ainhonited under PS 162.00(3). A Carttfie d copy of an Order inaroeini a fine, or . fine pi repair coats% r.il1 bonicarded m the Mama County Public Records, acrd thereafter airxll ohxhraituta a kfer, eseinst the lend an ingich f violation exists set open any other reel ter pencils.' property °wood by the violator. T7TTTTTT)TT ail Page 582 of 767 221 S Booker St 1. Jul ► 19. 2022 12:45P(1./: CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: April 27, 2022 Case #: 22-00000827 SILER KENNY 497 S WILSON ST CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 221 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0079-0010 Legal: CRESTVIEW LOTS 1 TO 3 INC BLK, 79, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by May 10, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this natter, you may call me at (850) 683-0896. Siricerely,. s / J Li vI r i/, fr tir lebor Lawson / i•� Code Compliance Officer 850306.3702/850.612.9714 rYWIRIT # J Page 588 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000827 "ROPERTY ADDRESS 221 S BOOKER ST VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, ..I I Ian G Page 589 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CH 38 SEC 42 QUANTITY: I DESCRIPTION: LITTER DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : 38-42 - Storage of Litter. (a) All commercial businesses shall store litter in containers to eliminate wind -driven debris. The number and size of receptacles for each commercial business shall be that number required to maintain a clean, neat, and sanitary premises. Spillage and overflow of litter around containers is a violation. (b) Commercial businesses shall provide and maintain litter containers adequate to contain litter generated from such business at its loading and unloading zones. (c) Commercial businesses open to the public shall provide and maintain containers adequate to contain litter generated from such business. (d) Every person in possession or in control of any place, public or private, where litter is accumulated or generated shall provide and maintain adequate and suitable containers capable of holding such litter until proper final disposal is accomplished. (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a violation. 38.47 - Responsibility for Surrounding Areas. Each operator owner, or operator of any business, industry, or institution, private or public, profit or nonprofit, shall keep the adjacent and surrounding areas clean of wind -driven litter generated from such business, industry, or institution. These areas include public property, roads, rights -of -way, grounds, parking lots, loading, and unloading areas and vacant lots owned or leased by such business, industry, or institution. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the litter. VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1 DESCRIPTION: ACC STR-POOLS-SPAS DAT; 4/27/22 T AeT TTl17a �/ . * U CHT 4 Vol Page 590 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000827 -"ROPERTY ADDRESS 221 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools: No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall_be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). ACCESSORY STRUCTURES: 1. Repair, replace, or remove the accessory structure. For further information, please contact the City of Crestview Permitting Department @ 850-689-1618 ext. 254 or 261. POOLS & SPAS 1.Pools and spas shall be kept in working order, so that pool, or spa water remains free and clear of pollutants and debris, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 2. If a swimming pool has been converted to a fishpond, there must be adequate filtration to ensure the water does not become stagnant, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 3. No person owning, operating, or having possession of any i-' Page 591 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 22-00000827 ZOPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : property within the city shall allow the accumulation of stagnant water. VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR WALLS/SURFACE DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall 'inner jt C Page 592 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000827 'ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to match existing surfaces. (4) Repair, replace or repaint, the exterior surface ofthe building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. VIOLATION: CH 38 SEC 65 FOUNDATION QUANTITY: 1 DESCRIPTION: FOUNDATION DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (a) Foundation: The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Correct the building foundation system so that it's capable of supporting the load for which it was designed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261 for further information. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : CONTINUED Page 593 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 22-00000827 -'ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department 0 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: STRUCTUAL SUPPORTS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports' and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. "IOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 L ; ,IPTION: WINDOWS -OPENINGS -SCREENS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : EXHIBIT 0_5_, Page 594 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent.water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 6XHIBI? # 5 Page 595 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 22-00000827 ,ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : 254 or 261, for further information. VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the:;principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but notlimited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining a building permit and repairing, or removing the accessory structure from the property. You may contact the permitting department @ 850-689-1619 ext. 254 or 261. EXHIBIT # _a.. Page 596 of 767 USPS Tracking® Track Another Package + Tracking Number. 70113500000091334108 FAQs > Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. USPS Tracking Plus® Available V In Transit to Next Facility May 4, 2022 U.S. Postai Service CERTIFIED MAIL RECEIPT (Donsespc Mats O.fy, NJ insurance Coverage P.ros•icdeW of delivery intor-oat,or it out w■odiie 1t www.•_,sps. corn• Pastsgs c.d .d Fes (E„dMuse Recast Fes r"e"nt* =1 fissolead balmy Fes (EnticesornsnI Required) G *WA Past.9s & Foes $ Ul rn 72p6ikiLU/oezfrl-- tse folPietmadt oki• 2047 1 See Less " EXHIBIT # 5 A Page 597 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 11, 2022 Case #: 22-00000827 SILER KENNY 497 S WILSON ST CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 221 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0079-0010 Legal: CRESTVIEW LOTS 1 TO 3 INC BIX, 79, If the violations) noted in the attached Statement of Violation (Violation Detail), are not corrected by May 20, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If ,bave any questions concerning this matter, you may call me at (850) 683-0896. Silxcerr:ly, 4 r� . 1boiah Lawson Code Compliance Officer 850.306.3702/850.612.9714 ii EXHIBIT* 5 Page 598 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, cvuIQIT * Ci Page 599 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CH 38 SEC 42 QUANTITY: 1 DESCRIPTION: LITTER DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : 38-42 - Storage of Litter. (a) All commercial businesses shall store litter in containers to eliminate wind -driven debris. The number and size of receptacles for each commercial business shall be that number required to maintain a clean, neat, and sanitary premises. Spillage and overflow of litter around containers is a violation. (b) Commercial businesses shall provide and maintain litter containers adequate to contain litter generated from such business at its loading and unloading zones. (c) Commercial businesses open to the public shall provide and maintain containers adequate to contain litter generated from such business. (d) Every person in possession or in control of any place, public or private, where litter is accumulated or generated shall provide and maintain adequate and suitable containers capable of holding such litter until proper final disposal is accomplished. (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a violation. 38.47 - Responsibility for Surrounding Areas. Each operator owner, or operator of any business, industry, or institution, private or public, profit or nonprofit, shall keep the adjacent and surrounding areas clean of wind -driven litter generated from such business, industry, or institution. These areas include public property, roads, rights -of -way, grounds, parking lots, loading, and unloading areas and vacant lots owned or leased by such business, industry, or institution. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the litter. VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1 DESCRIPTION: ACC STR-POOLS-SPAS DATE: 4/27/22 r.r r'7 -rn . Page 600 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000827 ZOPERTY ADDRESS 221 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools: No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). ACCESSORY STRUCTURES: 1. Repair, replace, or remove the accessory structure. For further information, please contact the City of Crestview Permitting Department @ 850-689-1618 ext. 254 or 261. POOLS & SPAS 1.Pools and spas shall be kept in working order, so that pool, or spa water remains free and clear of pollutants and debris, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 2. If a swimming pool has been converted to a fishpond, there must be adequate filtration to ensure the water does not become stagnant, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 3. No person owning, operating, or having possession of any evuialT �# h Page 601 of 767 VIOLATION DETAIL PAGE 4 r'ASE NUMBER 22-00000827 ;OPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : property within the city shall allow the accumulation of stagnant water. VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR WALLS/SURFACE DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall GvuuoI"r �1 Page 602 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to match existing surfaces. (4) Repair, replace or repaint, the exterior surface of the building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. VIOLATION: CH 38 SEC 65 FOUNDATION QUANTITY: 1 DESCRIPTION: FOUNDATION DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (a) Foundation: The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencingwork to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Correct the building foundation system so that it's capable of supporting the load for which it was designed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261 for further information. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 3. DESCRIPTION: ROOFS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED ��� ����� �. CONTINUED Page 603 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: STRUCTUAL SUPPORTS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. 'IOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 L_ LRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : Page 604 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. r Page 605 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 22-00000827 ROPERTY ADDRESS 221 S BOOKER ST CORRECTIVE ACTION REQUIRED : 254 or 261, for further information. VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 4/27/22 LOCATION: ORDINANCE DESCRIPTION : 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining a building permit and repairing, or removing the accessory structure from the property. You may contact the permitting department 110 850-689-1619 ext. 254 or 261. EXHIBIT # Page 606 of 767 USPS Tracking® Track Another Package -I- Tracking Number: 70201290000123469976 FAQs > Remove X Your item was delivered to an individual at the address at 3:52 pm on May 14, 2022 in CRESTVIEW, FL 32536. USPS Tracking Plus® Available v Delivered, Left with Individual May 14, 2022 at 3:52 pm CRESTVIEW, FL 32536 7020 1290 0001 2346 9976 U.S. Postal Service CERTIFIED MAIL' RECEIPT Domestic Marl Only • ,e ,: •. ;�$ $ ,:h� Postmark ..ertaari UM Ra sso= , : Hera _ 1� -n co 0 m N./ See Less /\ N,/ EXHIBIT# Page 607 of 767 CITY OF CRESTVIEW MMIJNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 52536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 05/31/2022 Kenny Siler 497 S Wilson Street Crestview, FL 32536 RE: CASE# 22-827 Dear Property Owner: You are hereby formally notified that on July 19, 2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 221 S Booker Street, Crestview, FL 32539 more particularly described as: PIN# 17-3N-23-2490-0079-0010 LEGAL DESCRIPTION: CRESTVIEW LOTS 1 TO 3 INC BLK 79 The Special Magistrate has the power to levy fines up to $250 per day fora first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation cxHisn' # Page 608 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. Code Compliance Officer City of Crestview 850306.3702/850.612.9714 Page 609 of 767 Case # 22-827 221 S Booker Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective Action Required: Remove the accumulation or open storage of trash, debris, garbage, bottles, paper, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber, or refuse from the property. Code of Ordinance Violated: Chapter 38 Section 18 (i), (j) (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action Required: Remove the worn-out, scrapped, or inoperable vehicles from the property, or bring them to an operable state. Code of Ordinance Violated: Chapter 38 Section 42 (d), (e) (d) Every person in possession or in control of any place, public or private, where litter is accumulated or generated shall provide and maintain adequate and suitable containers capable of holding such litter until proper final disposal is accomplished (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a violation. Corrective Action Required: Remove the litter from the property. Code of Ordinance Violated: Chapter 38 Section 65 (a), (f), (j), (k), (n), (s) (a) Foundation: The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. Page 610 of 767 Case # 22-827 221 S Booker Statement of Violation (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building, The boarding shall not remain for a period of more than 90 days from the date of the initial violation. (j) Exterior surface treatment: All exterior surfaces, including by way or example and not limitation, doors and window frames, comices,-porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Structural supports: every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. Corrective Action Required: Obtain the necessary permits and repair or replace the foundation, windows, exterior surface treatment, structural supports, roof and accessory structure, or remove the structure from the property. Code of Ordinance Violated: Chapter 38 Section 66 Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. Corrective Action Required: The violation may be abated by obtaining the necessary permits and repairing the accessory structure or removing it from the property. cxNiaIT # 5 Page 611 of 767 m m U.S. Postal ServlCe" CERTIFIED MAIL' RECEIPT ❑onWS r i c Mad l Cir' l y fur thr_rly Irtiorrnol on 1 171 •, 7 —r wwA $. irq •CliCl aitIN$B4MOI $1118$10$11 Oy $ ....,_ o iPcsstegB •�C.3 l' -..--, rtt C3 tin r- or Complete items 1.2. and S. Print your name and address on the reverse so that we can rerun the card to you. Attach this card to the back of the mallpiece, or on the front if apace permits. km/717Mo 41t rvi,soN sr- ClfrV�iE�.�I�ti IlilililL If111E. II.CI11uI111Y 1 COMPLETE THIS SECTr ✓': ON DELIVERY - 1 B. -svbi lf'Ifnted r. D (sdr eryaddr+assdferentlharnitern1? ® ides RYES, enter deLlrery address below: D No o Agent D Addressee G Date of Davey •?r 0 t Madly Mall Ensues, , 0 le Signalize Restdo%ed Seaway D R=ed Mel Restored fled MOO , rrd Mal Rff$1doted Delray 0 saprattreCoo mmettem O Cofect on Delivery 0 elonahia ConI m lion on °envoy 2. Nacre Number (nanider from senrfre Itabei + a Collect r Restricted Mew R•est/Wed Calvary 7020 1290 0001 5682 0638 i Rfsu�tedDelr■y •' 21e -1r e, -;ii : PS Form 3811, July 2020 PSN 7530-02-0004053 Domestic Return Receipt EXHIBIT Page 612 of 767 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-827 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 7th day of July 2022, I personally posted said Notice of Hearing at: 221 S Booker Street, Crestview, Florida, in the County of Okaloosa. 110 cooy of said notice attached hereto. ri 41 ff ant s Signature gate 17/0 Before me, the undersigned authority personally appeared, Deborah Lawson, who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this 7th day of July 2022. (SEAL) -- - NOTARY PUBLIC: 450/11\--) av a� (D'Gn-yln l; <* •( Jordan Davis r " Notary Pubfia, State of Florida 1 trA My Commission Expires 09-09-2023 ; MY COMMISSION EXPIRES: 01 ` "lbGF Commission No. GG 955262 Form 54 EXHIBIT # Appendix 9 Page 613 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4/25122 DATE 221 S Booker St dere/5647 .5 .4L -e NA'IUREOFVMAIK:MB)OBSERVED s Ore /41 ADDRESSIODATENOFVICIATION d ,ac rru,ed o r er s r'rd CHAPTER 38-65 IMPROVED PROPERTY STANDARDS %.� - {a) FOUNDATION O (b) WOOD SUPPORTS D (c) METAL SUPPORTS D (d) SKIRTING O (e) EXTERIOR WALLS • ►I, (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS D (1) EXTERIOR DOOR FRAMES AND STOREFRONTS (I) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS O (1) PORCHES NE BALCONIES COMMENTS- "Lci ro0.14,7 ,d O (m) STAIRS '1S{ (n) ROOFS O (a) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (c) OVERHANG EXTENSIONS O (r) INSECT SCREENS A(s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR UGHTING O (w) FENCES AND WALLS lir .i4 0,4167 iFek Ter (.' 0- er;ee toe, ca. r." icle^ Yg1412.2_ SIGATUREOFBUXDINGOFFICIAL PRMEDNAMEOFBULDINGOFFICIAL IiornddRaybon se e DATE 4 LIT12 Page 614 of 767 Case # 22-827 221 S Booker St v. -cry v V • trti+ .. Page 615 of 767 Case # 22-827 221 S Booker St ntn TTT tT Page 618 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Kenny Siler 497 S Wilson Street Crestview FL 32536 Respondents. Inst. #3566991 Blc. 3634 Pg: 2555 Page 1 of 4 Recorded: 7/26/2022 10:32 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-827 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 19, 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, Kenny Siler, whose last known mailing address is 497 S Wilson Street, Crestview, FL 32536, is the owner of the property located at, 221 S Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0079-0010, and more particularly described as: CRESTVIEW LOTS 1 TO 3 INC BLK 79. 2. The conditions on the property consist of junk, debris, inoperable vehicles, litter, and an unsafe accessory structure. The violation(s) were first observed on April 19, 2022. A Notice of Violation was mailed by certified mail April 29, 2022, and received by respondent on May 14, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (i), (j), Section 42, (d), (e), Section 65 (a), (0, (j), (k), (n), (s), Section 66. - Maintain a public Page 619 of 767 nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 20, 2022. Re inspection of the property on May 25, 2022, 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. 18 (b), (i), (j), Section 42, (d), (e), Section 65 (a), (f), (j), (k), (n), (s), Section 66. - 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 1 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: Page 620 of 767 8. On or before November 21, 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 November 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the accumulation or open storage of trash, debris, garbage, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or refuse from the property. b. Remove the inoperable vehicles and parts, machinery, trailers, or boats from the property or bring them into an operable state. c. Remove the litter from the property. d. Obtain a demolition permit, demolish the structure and remove all demolition debris from the property or 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 applications, documents and pay associated fees. 10. If the violation(s) are not corrected by November 21, 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. Page 621 of 767 nritDATRUE AND URI CTO w '0rc EBIV EW DATE: Done and Ordered on the 22nd day of July 2022. Samuel B. Taylor Digitally sighed by Samuel B. Taylor Date:2022072215:29:10 -05'00' Special Magistrate 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. Page 622 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Kenny Siler 497 S Wilson Street Crestview FL 32536 Respondents. Inst. #3595757 Bk. 3654 Pg: 3427 Page 1 of 4 Recorded: 12/13/2022 2:07 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-827 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 19, 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, Kenny Siler, whose last known mailing address is 497 S Wilson Street, Crestview, FL 32536, is the owner of the property located at, 221 S Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0079-0010, and more particularly described as: CRESTVIEW LOTS 1 TO 3 INC BLK 79. 2. The conditions on the property consist of junk, debris, inoperable vehicles, litter, and an unsafe accessory structure. The violation(s) were first observed on April 19, 2022. A Notice of Violation was mailed by certified mail April 29, 2022, and received by respondent on May 14, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (i), (j), Section 42, (d), (e), Section 65 (a), (f), (j), (k), (n), (s), Section 66. - Maintain a public Page 623 of 767 nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 20, 2022. Re inspection of the property on May 25, 2022, 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. 18 (b), (i), (j), Section 42, (d), (e), Section 65 (a), (f), (j), (k), (n), (s), Section 66. - 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: Page 624 of 767 8. On or before November 21, 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 S250.00. 9. On or before November 21, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the accumulation or open storage of trash, debris, garbage, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or refuse from the property. b. Remove the inoperable vehicles and parts, machinery, trailers, or boats from the property or bring them into an operable state. c. Remove the litter from the property. d. Obtain a demolition permit, demolish the structure and remove all demolition debris from the property or 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 applications, documents and pay associated fees. 10. If the violation(s) are not corrected by November 21, 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. Page 625 of 767 Done and Ordered on the 22nd day of July 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.12.06 11:26:24 -06'00' BY:' CERTIFIED A TRUE AND CORRECT COPY Special Magistrate 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 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. ilIC Page 626 of 767 22-828 221 S Booker WWP July 19, 2022 Exhibit 6 Page 627 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4/25/22 DATE 221 S Booker St ADIXESSLOCATIONCFVIOLAMN 9(CC1f6r7 .,cc •6" NATURE )0OSERVED ' Art (care --6 CHAPTER 38-65 IMPROVED PROPERTY STANDARDS ;0 (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS 0. (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS p o) EXTERIOR SURFACE TREATMENT d (k) STRUCTURAL SUPPORTS D (1) PORCHES AND BALCONIES O (m) STAIRS '0 (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS D (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS L (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS: tL! f'004'; ►+L,7L J'C,,,'J ,n c'ri S. J 1, 5 or i :v $td•, A.4 �o-hied to die 41 J•141;7- c-146 � s✓p�irT I`i �~� .S C . J r'cA" / .f7104 ill t/.,,..J vv -er lr.r'ic [r de rt. Ler.dfr forP.cI 412,7 S1GN u» E CF BUILDING OFFICIAL PRICED NAME OF BUILDINGOFRCIAL. RaeidRayban DATE Page 628 of 767 z-� III1 v 09, 2022 O9:35AM Y 221 S Booker St •• Crestview FL 325J1 ".' :: May 09, 2022 09:36AM 221 S Booker St Crestview FL 3 36 �i� Ali: May 11, 2022 10:28AM :. 221 S Booker St Crestview FL 32536 Mav 11. 2022 10:28AM 221 S Booker St CrOStVIE W FL ,i :��i6 . = May 25. 2022 11:4OAM 221 E E3aok9r -St Crestview FL 32536 1. Crestview FL 32536 July 07, 2022 09:28AM 221 S Booker St Crestview FL 32536 July 07, 2022 09:28AM ►' ' ' ; :" 221 S Booker St :,xA '# _ Crestview FL 32536 221 3 Booker St Lily 19, 2022 12:45PM CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: April 25, 2022 Case #: 22-00000828 SILER KENNY 497 S WILSON ST • CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 221 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0079-0010 Legal: CRESTVIEW LOTS 1 TO 3 INC BLK, 79, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by May 09, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. orate Lawson Code Compliance Officer 850.306.3702/850.612.9714 FXNIRIT # �P Page 644 of 767 VIOLATION DETAIL PAGE CASE NUMBER 22-00000828 PROPERTY ADDRESS 221 S BOOKER ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618ext 254 or 261 for further information. 1 A Page 645 of 767 USPS Tracking® Track Another Package + Tracking Number: 70113500000091334092 FAQs > Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. USPS Tracking Plus® Available v In Transit to Next Facility May 4, 2022 9133 4092 0 LP) m a r4 Xet: L7 r zA am Net U -S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Marl Only: No Insurance Coverage Provided) For delive information visit our website .at www.usps.com. • USE !Inert Pt..lets! ens 7.ridlisetttcel ReCtered) C+c-7riets:d iiSeavm• Kos rer,rmr nfr R^L`r'- $ 158 3-x-5 $ 433 Here t1 a CT 0 v v See Less /\ EXHIBIT # 11. Page 646 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 11, 2022 Case #: 22-00000828 SILER KENNY 497 S WILSON ST CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 221 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0079-0010 Legal: CRESTVIEW LOTS 1 TO 3 INC BLK, 79, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not connected by May 20, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. any questio s concerning this matter, you may call me at (850) 683-0896. I r ra Lawson Code Compliance Officer 850.306.3702/850.612.9714 cvulnrT 41 k n Page 647 of 767 VIOLATION DETAIL CASE NUMBER 22-00000828 ?ROPERTY ADDRESS 221 S BOOKER ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 4/25/22 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618ext 254 or 261 for further information. PAGE Page 648 of 767 7020 1290 USPS Tracking® Track Another Package -F- Tracking Number: 70201290000123469983 FAQs > Remove X Your item was delivered to an individual at the address at 3:52 pm on May 14, 2022 in CRESTVIEW, FL 32536. USPS Tracking Plus® Available v G Delivered, Left with Individual May 14, 2022 at 3:52 pm CRESTVIEW, FL 32536 m W I1' -n m ;x U.S. Pos a ervice"' CERTIFIED MAILS"' RECEIPT Domestic Mil Oniy FOt delivery !lllorrfl HO n. visit our viebsito at tvwW .uSpS.COaal &auncap FN 3. IL tiro Samicars m F; ! ; • 7.4:6 INK add M.., Vernr^/e4 ❑MWrnl,' t1•NY;;) $ ----,,,) O❑ t�Mm R ^S .1R1 fCxtrl•1 :` Postmark Q QCortAHP."'l;n,..r�t6^Hvuv $ ' Herr O C:pfi,tr, -vr•F!.T::-"' $ C Asa., !'.-c-«•.. WY. -.^^ti Dew/ it Per:IFw-. .5 octal P,.tstae Ertl 3 * NZ See Less ^ v LVUIDIT Ja l n Page 649 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 05/31/2022 Kenny Siler 497 S Wilson Street Crestview, FL 32536 RE: CASE# 22-828 Dear Property Owner: You are hereby formally notified that on July 19, 2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 221 S Booker Street, Crestview, FL 32539 more particularly described as: PIN# 17-3N-23-2490-0079-0010 LEGAL DESCRIPTION: CRESTVIEW LOTS 1 TO 3 ING BLK 79 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. • Page 650 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. eborah Lawso Code Compliance Officer City of Crestview 850.306.3702/850.612.9714 t t• Page 651 of 767 Case # 22-828 221 S Booker Statement of Violation Code of Ordinance Violated: Florida Building Code Chapter 105.1 Permits Required Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application the building official and obtain the required permit. Corrective Action Required: Obtain the required permits for the shed and fence or remove them from the property. f A Page 652 of 767 7020 1290 0001 a ru ,A ; ru ,.grtrf pc, all F.. 3,1-6 s+ .+l kr+ntt..ec becgr+�v n.o.0 Ihril00110 a pc.•r,•3•.,r,.trroseca.w� is ❑Aduli Sou**. Reabicie4 O. iiy a U.S. Postal Service CERTIFIED MAIL- RECEIPT Domestic Mail Only For delivery mforma'ion. c' -.a uir ❑.: „ , 'r ar .vwwz usps.corn FI c.;I L USE- Pastor Complete items 1, 2, and 3. - Print your name and address on the reverse so that we can return the card to you. - Attach this card to the back of the maliplece, or on the front if space permits. 6U 33 'it'll -52g eta 'Leo 1. Article N 41-4- N `T - C),011 keWt ta VI!I1911I 111flll� Ihl IIIII11IA D Apent D Addressee y O. Date of Dellvery G Z ?� D. Is delivery address dfrerent tan item 1? D Yes If YES, enter delivery address below: ❑ No 3. SeMcetype ci Natty Med 0 Adult Signature 0 Registered Melly . gpVtt Stpnseee Restricted Delivery 0 Mteted Mail Reaitbmd� r, Celled MallRestricted Deaisty OSignature Coa onTM D Collect on Delivery 0 Signature Ocnfk etioA 2 Article Number ( f service 0 Collect on DaxtireryReetrktedDelivery Restricted Velvety n u,«le.,r MCI 7020 12907.61:101 5682 0621 D ' 1,41,(tOffrJ PS Form 3811, July 2020 PSN 7530-02-000.9053 Domestic Return Receipt EXHIBIT # 2 Page 653 of 767 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box12O9, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-828 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 7th day of July 2022, I personally posted said Notice of Hearing at: 221 S Booker Street, Crestview, Florida, in the County of Okaloosa. c i f said , otice • attached hereto. ant's Signature Date Before me, the undersigned authority personally appeared, Deborah Lawson, who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this 7th day of July 2022. (SEAL) ti*�r AGQ4 Jordan Davis i Notary Public, State of Florida eP My Commission Expires 09-09-2023 ''FOF Foe` Commission No. GG 955262 NOTARY PUBLIC: MY COMMISSION EXPIRES: q Form 54 w Anoendix 9 Page 654 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4/25/22 DATE 221 S Booker St /4IC(Jf6r7 MATURE OFV10LATJON(S)OBSERV® ,.t g•r • 7 r,ccJr ADDREW.{ACATL NOFVECATIW .fe or eet'Oli CHAPTER 38-65 IMPROVED PROPERTY STANDARDS ,`D -(a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) DRERIOR WALLS • (f)1INDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS o (I) EXTERIOR DOOR FRAMES AND STOREFRONTS £,7 Q) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS o (I) PORCHES ,r0' ' , BALCONIES O (m) STAIRS (n) ROOFS o (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (9) OVERHANG EXTENSIONS O (r) INSECT SCREENS As) ACCESSORY STRUCTURES O (t) SWIMMING POOLS o (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS: •-0047 I LS Jf'c l'e/ , n c ez'a S, _5-,:f,"5 Q fl 4J-; j,io„ 40 -get r fjr r 0 C .7. �i.--•rf*.�ro•. Sir leod,r (•t -t . �. ./^701•• 47 t/I vni D r p,e r;f^ckI !rr_ fidWtr - r Page 655 of 767 Case # 22-828 221 S Booker St 6A Page 656 of 767 Case # 22-828 sLz�. s-rLt=y'` r. ' h 221 S Booker St F.XHIRTT # Page 659 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. CASE# 22-828 Kenny Siler 497 S Wilson St Crestview, FL 32536 Respondents. Inst. 113566992 Bk: 3634 Pg: 2559 10:32 AM Page CO DING ARTIICdLE V. 00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY FLORIDA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 19, 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, Kenny Siler, whose last known mailing address is 497 S Wilson Street, Crestview, FL 32536, is the owner of the property located at, 221 S Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0079-0010, and more particularly described as: CRESTVIEW LOTS 1 TO 3 INC BLK 79 2. The conditions on the property consist of an unpermitted shed. The violation(s) were first observed on April 19, 2022. A Notice of Violation was mailed by certified mail April 29, 2022, and received by respondent on May 14, 2022. The Notice stated that the condition(s), constituted a violation of Florida Building Code Chapter 105- Sec. 105.1. — Building Permit Required, of the City of Crestview's Code of Ordinances and requested Page 660 of 767 correction of the violation by May 20, 2022. Re inspection of the property on May 25, 2022, 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 Florida Building Code Chapter 105 - Sec. 105.1. — Building Permit Required, 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 October 19, 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 October 19, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 661 of 767 a. Obtain the necessary permit for the shed or remove it from the property. 10. If the violation(s) are not corrected by October 19, 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 22nd day of July 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.07.22 15:30:04 -05'00' Special Magistrate 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 film& 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. CERIWIIDATRUE AND comer COPY CJ7YOF CRFSTL IiS 7 T `t 11 141X4 lr' �DA , 7121 Page 662 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Kenny Siler 497 S Wilson St Crestview, FL 32536 Respondents. Inst. #3595758 Bk: 3654 Pg: 3431 Page 1 of 3 Recorded: 12/13/2022 2:07 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-828 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 19, 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, Kenny Siler, whose last known mailing address is 497 S Wilson Street, Crestview, FL 32536, is the owner of the property located at, 221 S Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0079-0010, and more particularly described as: CRESTVIEW LOTS 1 TO 3 INC BLK 79 2. The conditions on the property consist of an unpermitted shed. The violation(s) were first observed on April 19, 2022. A Notice of Violation was mailed by certified mail April 29, 2022, and received by respondent on May 14, 2022. The Notice stated that the condition(s), constituted a violation of Florida Building Code Chapter 105- Sec. 105.1. — Building Permit Required, of the City of Crestview's Code of Ordinances and requested Page 663 of 767 correction of the violation by May 20, 2022. Re inspection of the property on May 25, 2022, 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 Florida Building Code Chapter 105 - Sec. 105.1. — Building Permit Required, 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 October 19, 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 S 250.00. 9. On or before October 19, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 664 of 767 a. Obtain the necessary permit for the shed or remove it from the property. 10. If the violation(s) are not corrected by October 19, 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 22nd day of July 2022. Samuel B. Taylor Special Magistrate City of Crestview, Florida Digitally signed by Samuel B. Taylor Date: 2022.12.06 11:27:19 -06'00• CERTIFIED A TRUE AND CORRECT CQPY 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 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. w 1vt1C Page 665 of 767 Case # 22-346 311 W Oakdale Jwner of Record: Kenneth J Siler Origination Date: 1/5/2022 497 S Wilson St, Crestview, FL 32536 Origination Code: Proactive Violations: Chapter 38 Section 65 (f) Windows, (h) Exterior Doors, (n) Roofs, (q) Overhang Extensions Corrective Action Required: Obtain a structural 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 applications, documents, and pay associated fees. Obtain the necessary permits for the windows, exterior doors, roof, and overhang extensions. Notice Sent: 3/23/2022 Signed: 3/2S/2022 Compliance Date: 4/8/2022 Inspected: 4/11/2022 Results: In Violation Notice Sent: 4/11/2022 Signed: Not Received Compliance Date: 4/21/2022 Inspected: 4/26/2022 Results: In Violation 'ublic Hearing Notice Sent: 5/2/2022 Signed: 5/10/2022 Hearing Date: 6/21/2022 Property remains in violation. Property owner submitted CDBG application September 2022, and has failed to provide quotes for repair of structure. Order Recorded: 6/24/2022 Re-recorded with wet stamp 12/1/2022 Hearing fee: $250 Due by 9/20/2022 Daily fine: $250 Start: 9/20/2022 Fines: $35,750 as of February 9, 2023 (not including interest) Property Value: $9,916 Page 666 of 767 Case # 22-346 311 W Oakdale Related Properties: S78 S Wilson St 17-3N-23-2490-0130-0070 Case # 22-1362 Active Case Hearing Scheduled 2/21/2023 Violations: RV's Campers/Camp Trailers, Ch 38 Sec. 65 and 66: Accessory Structures Case # 21-1086 Found in Compliance 8/18/2021 Violations: Recreational Camps/Tents, Fences & Walls, Trash/Debris, Overgrown Vegetation, Developed/Undeveloped 422 Spring St 17-3N-23-2490-0086-0090 Case # 16-338 Found in Compliance 6/21/2016 Violations: Abandoned Appliances 404 Spring St 17-3N-23-2490-0057-0120 Case # 21-792 Went to public hearing August 2021, order on 418 Spring only Jacant Lot Savage St 17-3N-23-2490-0020-0050 Case # 23-110 Found in Compliance 11/22/2022 Violations: Trash/Debris, Inoperable Vehicles/Parts Case # 22-1144 Found in Compliance 9/21/2022 Violations: Trash/Debris, Inoperable Vehicles/Parts, Vegetation 203 Spring St 17-3N-23-2490-0019-0990 Case # 23-114 Active Case Violations: Abandoned Appliances, Trash/Debris, Inoperable Vehicles/Parts, Exterior Walls/Surface Treatment, Windows. 416 Brock Ave 08 -3N -23-0743-0007-005A Case # 17-298 Found in Compliance 4/28/2017 /iolation: Overgrown Vegetation Page 667 of 767 Case # 22-346 311 W Oakdale :21 S Booker St 17-3N-23-2490-0079-0010 Case # 22-828 Hearing Date: July 19, 2022 Fines: $36,500 Violations: Building Permit Required Case # 22-827 Hearing Date: July 19, 2022 Fines: $28,250 Violations: Trash/Debris, Inoperable Vehicles, Littler, Accessory Structures, Exterior Surfaces, Foundation, Roofs, Structural Supports, Windows 338 S Booker St 17-3N-23-2490-0080-0130 Case # 23-46 Active Case Violations: Accessory Structures Case # 19-1098 Closed Violations: Solid Waste 385 S Booker St 17-3N-23-2490-0081-0050 Case # 23-112 Closed Violations: Trash/Debris Case # 22-829 Hearing Date: July 19, 2022 Fines: $10,000 Violations: Building Permit Required Case # 21-436 Hearing Date: July 19, 2022 Fines: $14,500 Violations: Vegetation/Debris, Exterior door, Overhang, Windows, Structural Supports, Roofs Case # 19-1097 Closed Violations: Debris, Inoperable Vehicles, Overgrown Vegetation Vacant Lot Booker St 17-3N-23-2490-0084-0190 No Case History Vacant Lot Booker St 17-3N-23-2490-0084-0200 No Case History Page 668 of 767 City of Crestview Community Development Block Grant Program 198 North Wilson Street Crestview, FL 32536 Phone: (850) 682-1560 Ext 205 Email: cdbg©cityofcrestview.org CDBG FISCAL YEAR 2021-2022 NUISANCE ABATEMENT APPLICATION PROJECT ADDRESS: a l l w oc kd , LE TAX PARCEL ID #: APPLICANT NAME: u t,...'9-14 a, z1, -.,- MAILING ADDRESS: et, "if 7 s: IA); )s t" ,5/. PHONE: 8S-0 ' 7 7?- 5a eZ EMAIL: Types of Repairs Needed Exterior painting Roof, rafter, soffit, and fascia repair Exterior stairs, railings, porches Derelict structure demolition Yard Maintenance and debris removal (done in association with other building repairs) Other _ [' !�V ndow glass and screens Additional Information Required: 1. Have you ever received a Grant or Loan through the City ofCrestview? Yes NoEr- If yes, through what program was the grant/loan offered? Year Awarded 2. Are there urrent or pending Code Enforcement violations on the property? Yes - No ❑ CDBG Nuisance Abatement Program Application Page 3 of 5 Page 669 of 767 Terms and Conditions The Community Development Block Grant (CDBG) Nuisance Abatement Program allows an applicant to apply for CDBG funds to abate current nuisances on the property by evidence of city inspections and/or code enforcement violations. The program funds must be used towards expenses that bring the property into compliance. Properties that receive a grant through the nuisance abatement program are required to adhere to all codes, including but not limited to grass height and trash. The city will place a lien on the property for expenses related to the abatement, for a term of 5 years with 20% of the original loan forgiven annually at the anniversary of the origination of the loan. By signing below, you agree with these terms and conditions. Applicant Signature: CDBG Nuisance Abatement Program Application Date: 2 Page 4 of 5 Page 670 of 767 OWNER'S CONSENT AND DESIGNATION OF AGENCY I certify that I have examined the application and that all statements submitted are true and accurate to the best of my knowledge. I understand the terms of the program, as stated above. I understand that the Nuisance Abatement program benefits are contingent upon funding availability and are not to be construed as an entitlement or right of a property owner or applicant. I further understand that I may be responsible for providing additional documentation required for permitting or property owner verification. Further, I understand the city will place a lien on the property for expenses related to the abatement, for a term of 5 years with 20% of the original loan forgiven annually at the anniversary of the origination of the loan. this application; attachments and fees become part of the official records of the City of Crestview, Florida, and are not returnable. wner's Signat�e) The foregoing instrument was acknowledged before me thisH day of , 20€2,"1 byk t\i \&V , who is personally known to me or has produced _ as Identification and who did take an oath. S. S kiaArd (Printed Name of Notary Public) puS (Signature of Notary Public) DO �-- Commission #0 D�- 1 J' b . My commission expires 9- 2L1 (Notary's Seal) CDBG Nuisance Abatement Program Application Page 5of5 Page 671 of 767 Tuesday, June 21, 2022 Case # 22-346 Exhibit 1 Page 672 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION 22-346 301 W Oakdale DATE CFVOLATERE)CESERIED ACCRESSLOCATIONOF'w11CN 61) Ir'1Perfd GiliAc,41y r eF S f r rc P ref) cer-eni' 6i^� b..,�c/f•,4 , Pl•"►!�' CHAPTER 3845 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION o (b) WOOD SUPPORTS o (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS (13` WINDOWS D (g) SWIMS O lb) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS o (p EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES O (m) STAIRS ON ROOFS o (o) GUTTERS AND DOWNSPOUTS o (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS OVERHANG EXTENSIONS y..t O (r) INSECT SCREENS O is) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (o) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS: 5111",'cl4,--e. 11.15 t3fack 1 'i(14 ctir��J L:„ id le used 4.,,; f� cl . 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M 1$00,...4 114 M•••4•1 MMpnr•1• *111 w•.ih the. *MO lanW1dIM` **ay, *Wyk .w.v ..0 .11 iwr. t.t1.i 001101. 04.0.0 wie •rrmli lorlom ai•n1r.11F•ib/. rid.iretotw.• 111.0V111100010.1.11/10....r.r.+ lrt a r+1Tr r••ere+N46 IM (.... •"pMiW 1444111}+11 tt sl. 1 f1...lilw.r In n+ni.. •n Ap.r 1.x*111111 In Imlmll.rily Iti. wr1.•!13011nilM1•••'11 MaiII Ul ..rd~hoee•• War MI.0M••11. tbf 11.14 rum h0 wl..•i.t1.t+ 191 1A0-0111} A .+.11flM ...T/ Irf ••r t7n1.• hnl•+1•M • 111611.... . r /'O11.pMf A 1/4"1" 17.0111vM uhti. R*s.+14. .n6 it, --11..- 1..u..1dt111. *IN*, .4.I.w ▪ SW. .01/%141.011. r r.*I tr ••7 •rrw i.•.1 •r •r.n r••I^ a~i. N .•M 147 W µmom •�� EXHIBIT #. Page 677 of 767 311 W Oakdale Ave i. Crestview FL 32536 t7_4' :r=•:, :► CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.D. Drawer 1209, Crestview, Florida 32536 Phone (850) 683=0898 Date: March 23, 2022 Case #: 22-00000346 KENNETH J SILER 497 S WILSON STREET CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information ix provided to you concerning these violations: Location of Violation: 301 W OAKDALE AVE Tax Identification Number: 17 -3N -23-2490-0001-007B Legal: CRESTVIEW N1/2 OF LOT 7 BLK 1, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by April 08, 2022, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to 8250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist, ff you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, ntbd Maddie Tatom Code Compliance Officer 850.306.3699 EXHIBIT # Page 679 of 767 VIOLATION DETAIL PAGE 1 CAS NUMBER 22-00000346 PROPERTY ADDRESS 301 W OAKDALE AVE VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be EXHIBIT Page 680 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000346 PROPERTY ADDRESS 301 W OAKDALE AVE ORDINANCE DESCRIPTION : maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 ROOFS DESCRIPTION: ROOFS LOCATION: QUANTITY: 1 DATE: 3/23/22 ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # Page 681 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000346 PROPERTY ADDRESS 301 W OAKDALE AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department do 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace the window, or window screen, so it is XH1BIT # 1 Page 682 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 22-00000346 PROPERTY ADDRESS 301 W OARDALE AVE CORRECTIVE ACTION REQUIRED : weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261, for further information. VIOLATION,: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code. and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of EXHIBIT # i Page 683 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000346 PROPERTY ADDRESS 301 W OAKDALE AVE ORDINANCE DESCRIPTION : any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. EXHIBIT # \ Page 684 of 767 USPS Tracking® Track Another Package + Tracking Number: 70201290000073262948 Your item was delivered to an individual at the address at 3:44 pm on March 25, 2022 in CRESTVIEW, FL 32536. USPS Tracking Plus® Available N./ G Delivered, Left with Individual March 25, 2022 at 3:44 pm CRESTVIEW, FL 32536 0' N ..0 OFFICIAL USE fU m"' 3.75 m r- ,._.- a'amoa*•a rearsotsecieborr,reekirsamoupprwito $ Q ! ,. t r G , ,,r/-r.:WIbd MO PlioirkepilD.M.r' $ p 1 awukWNW Rewind f,.�-� DA msrrer+rtr.rioardWarya U.S. Postal Service CERTIFIED MAIL" RECEIPT Domestic Mal Only F a¢eiivery riltormnn;Gn risr r)u• r;cbsrtc nvw ury,s com =-s !a ru h - abrzsu J�. .,_.►.fit . ____... __ .... .Bart --t-73369 FAQs > Remove X N./ See Less " EXHIBIT #.3_, Page 685 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P. 0. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: April 11, 2022 Case #: 22-00000346 KENNETH J SILER 497 S WILSON STREET CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 311 W OAKDALE AVE Tax Identification Number. 17 -3N -23-2490-0001-007B Legal: CRESTVIEW N1/2 OF LOT 7 BLK 1, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by April 21, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist If,you have any questions concerning this matter, you may call me at (850) 683-0896. 44, Ili e Compliance Officer 1 Page 686 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000346 PROPERTY ADDRESS 311 W OAKDALE AVE VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 — Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be EXHIBIT # ti Page 687 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000346 'PROPERTY ADDRESS 311 W OAKDALE AVE ORDINANCE DESCRIPTION : maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # -t Page 688 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000346 ;PROPERTY ADDRESS 311 W OAKDALE AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s) . Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 WINDOWS DESCRIPTION: WINDOWS -OPENINGS -SCREENS LOCATION: QUANTITY: 1 DATE: 3/23/22 ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official .for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is EXHIBIT # Page 689 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 22-00000346 PROPERTY ADDRESS 311 W OAKDALE AVE CORRECTIVE ACTION REQUIRED : weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 3/23/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of EXHIBIT # 1 Page 690 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000346 PROPERTY ADDRESS 311 W OAKDALE AVE ORDINANCE DESCRIPTION : any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further i:iformation, please contact the Permitting Division IV 850-689-1618 ext'254 or 261. EXHIBIT # .�.._. Page 691 of 767 LISPS Tracking® Track Another Package 4 - Tracking Number: 70113500000091333927 FAQs > Remove X Your packuge is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. USPS Tracking Plus® Available v In Transit to Next Facility April 17, 2022 Get Updates N./ U.S. Postai Service CERTIFIED MAIL RECEIPT IDomesttc Mau Only: No Insurance Coverage Prey ded,i ff m ffl a Ir or delivery information visit our west, et www.usps.com ti FF!t..s poMp. I $ Ceirlled Fes D Return nreelpI Poe Reettebed Dogrel Pee fEndorsementfiscpAreci a.M.O.xPoor I-1 VF•si tax: • Hoe ee Less /• EXHIBIT # Can't find what you're looking for? T a 0 Page 692 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: 05/02/2022 Kenneth r Siler 497 S Wilson Street Crestview, FL 32536 RE: CASE# 22-346 Dear Property Owner. You are hereby formally notified that on June 21, 2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 311 Oakdale Avenue, Crestview, FL 32539 more particularly described as: PIN# 17 -3N -23-2490-0001-007B LEGAL DESCRIPTION: CRESTVIEW N1/2 OF LOT 7 BLK 1 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End: Notice of Violation EXHIBIT # 1 Page 693 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. City of Crestview Code Compliance Officer 850.306.3702/850.612.9714 Fong 53A Ageair I Reviled 2021 EXHIBIT # 1 Page 694 of 767 Case # 22-346 311 Oakdale Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (f), (h), (n), (q) (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or barding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of mo_ a than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (q) Overhang extensions: All overhang extensions including; but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes. And exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. Corrective Action Required: 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. Repair or replace the windows, exterior doors, roofs, and overhang extensions. Or obtain a demolition permit and demolish the unsafe structure. Remove all demolition debris from the property. EXHIBIT # 1 Page 695 of 767 USPS Tracking® Track Another Package -I- Tracking Number: 70113500000091334221 FAQs > Remove X Your item was picked up at the post office at 9:38 am on May 10, 2022 in CRESTVIEW, FL 32539. LISPS 'backing Plus® Available V G Delivered, Individual Picked Up at Post Office May 10, 2022 at 9:38 am CRESTVIEVV, FL 32539 r-i I'1.1 �I C.? F- ,„ ;F a ...r 14 ;r% rn Pomp _ Cadged Po. U.S. Postal Service CERTIFIED MAIL RECEIPT i0omestic Mad Only, No insurance Coverage ProvThed. F^•r dr..11vPn, information •a/,,4t au, wanvirr at wwv..usps.i:orn o lin Haag Fie o - C3 Warilod Dattccry Fee o Ac, ra► ei O e+.t Po..o. & Pees m rq an ib a , See Less " XHIBIT # 1 Can't find what you're looking for? Page 696 of 767 CITY Z OF CR n.7 L VIEW CODE COMPLIANCE DIVISION P.O. Box12B9, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-346 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 9th day of June 2022, I personally posted said Notice of Hearing at: 311 Oakdale Avenue, Crestview, Florida, in the County of Okaloosa. copy f said Afia n is Signature .S attached hereto. Dte Before me, the undersigned authority personally appeared, Deborah Lawson, who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this 9th day of June 2022. (SEAL) r Jordan Dads ° Notary Public, State of Florida \)i My Commission Expires 09-09-2023 2023of rt Conxniss on No. GG 955262 Form 54 NOTARY PUBLIC: MY COMMISSION EXPIRES: ' "21) A1, EXHIBIT # l Appendix 9 Page 697 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION DATE IACLATON(S)CESEIRVED ATON(5) 22-346 301 W Oakdale )10DRESIILOCAllONOFVIOLAIDNI ,5 rear ,n•5 n ,%t/ed rte)ccer-',1L ' tired b��dl^� 1�Q�r"'i CHAPTER 38.65 IMPROVED PROPERTY STANDARDS pea- �`"40 O (a) FOUNDATION o (b) WOOD SUPPORTS O (e) METAL SUPPORTS O (d) SKIRTING o (e) EXTERIOR WALLS ( 7 (O WINDOWS © (g) SHUTTERS )11111) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS O (I) EXTERIOR SURFACE TREAk > * r O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALES O (m) STAIRS Ole) ROOFS O (o) GUTTERS AND DOWNSPOUTS o (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (J.‘1711q) OVERHANG EXTENMONS O (I1 INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS © (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS: 5,--/-f'-/C4"; ii`v 5 14l6Ck L.'S(� fat., jcJ Lim° v,k'of / ^ rte' - roc P S S ems. ..v�.,a $ 7 sie.•.- �v 11.44. j ' �r - i C!T'� �'i ca-cnA,ce £JI /1 C- 31MATU eOFBIADIOCRIdAL ERNIE& WOE OFFCIAL DATE Page 698 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Kenneth J Siler 497 S Wilson Street Crestview, FL 32536 Respondents. Inst. #3559937 Bk 3629 Pg: 2153 Page 1 of 4 Recorded: 62412022 4:27 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERKAPRESTWOOD JD PEACOCK 11 CLERK OF COURTS, OKALOO SA COUNTY, FLORIDA CASE# 22-346 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on June 21, 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, Kenneth J Siler, whose last known mailing address is 497 S Wilson Street, is the owner of the property located at, 311 Oakdale Avenue, Crestview, FL 32536, AKA PIN# 17 -3N -23-2490-0001-007B, and more particularly described as: CRESTVIEW N1/2 OF LOT 7 BLK 1 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on January 5, 2022. A Notice of Violation was mailed by certified mail on March 23, 2022, and received by respondent on March 25, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (h), (n), (q). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by April 8, Page 700 of 767 2022. Re inspection of the property on March 29, 2022, 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 Housng Standards - Sec. 65 (f), (h), (n), (q). - 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: S. On or before September 20, 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. Page 701 of 767 9. On or before September 20, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a structural 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 applications, documents and pay associated fees. b. Obtain the necessary permits for the windows, exterior doors, roof, and overhang extensions. 10. If the violation(s) are not corrected by September 20, 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 22nd day of June 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.06.24 08:54:59 -05'00' Special Magistrate 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 Page 702 of 767 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. Page 703 of 767 CITY OF CRESTVIEW FLORIDA City of Crestview, Florida, Petitioner, VS. Kenneth J Siler 497 S Wilson Street Crestview, FL 32536 Respondents. SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #G593597 Blc 3653 Pg: 775 Page 1 of 4 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS. OKALOOSA COUNTY, FLORIDA CASE# 22-346 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on June 21, 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, Kenneth J Siler, whose last known mailing address is 497 S Wilson Street, is the owner of the property located at, 311 Oakdale Avenue, Crestview, FL 32536, AKA PIN# 17 -3N -23-2490-0001-007B, and more particularly described as: CRESTVIEW N1/2 OF LOT 7 BLK 1 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on January 5, 2022. A Notice of Violation was mailed by certified mail on March 23, 2022, and received by respondent on March 25, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (h), (n), (q). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by April 8, Page 704 of 767 2022. Re inspection of the property on March 29, 2022, 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 ;lousing Standards - Sec. 65 (f), (h), (n), (q). - 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 September 20, 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. Page 705 of 767 9. On or before September 20, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a structural 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 applications, documents and pay associated fees. b. Obtain the necessary permits for the windows, exterior doors, roof, and overhang extensions. 10. If the violation(s) are not corrected by September 20, 2022, a fine in the amount of $250.00 per day will be imposed pursuant to Florida ,3tatutes 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 22nd day of June 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.06.24 08:54:59 -05'00' CERTIFIED A TRUE AND CORRECT COPY BYA )4zrii **It DATE: ia- i-zaa'� Special Magistrate 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 Page 706 of 767 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. Page 707 of 767 22-120 595 Benjamin Owner of Record: Leonard Adib Lee 320 Forrest Pkwy Jrigination Date: 11/1/2021 Origination Code: Building Dept Referral Violations: Chapter 38 Section 18: (b) - Trash, debris, junk (i) - Vehicle/machinery parts (j) - Inoperable vehicles (k) - Vegetation Chapter 38 Section 65 : (e) — Exterior walls (j) — Exterior Surface Treatment (n) — Roofs (f) — Windows (h) — Exterior Doors (k) — Structural Supports (1) — Porches and Balconies (q) — Overhang Extensions (v) — Exterior Lighting Corrective Action Required: Remove all vegetation exceeding twelve inches. Remove all inoperable vehicles from property or bring them into an operable state. Remove all junk, debris, buckets, containers, and trash from property. Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property or 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. Engineer drawings and permits required by Building Official Ronnie Raybon. Notice Sent: 11/3/21 Inspected: 11/16/21 Notice Sent: 11/17/21 Inspected: 12/1/21 Signed: 11/4/21 Compliance Date: 11/16/21 Results: In Violation Signed: Returned to Sender Compliance Date: 12/1/21 Results: In Violation Public Hearing Notice Sent: 12/2/21 Property and City Hall posted on 1/6/22 Hearing Date: 1/18/22 Order Recorded: 1/19/22 Hearing fee: $250 Daily fine: $250 Fines: $88,500 Property Value: $24,696 Signed 12/4/21 Property remains in violation. Re -Recorded with Wet Stamp 12/13/2022 Due by 2/18/22 Starting 2/18/22 as of February 9, 2023 (not including interest) Page 708 of 767 22-120 595 Benjamin Related Properties: ' 32 S Booker Street 17-3N-23-2490-0076-0160 Leonard Lee Case# 21-1038 Hearing Date: 10/19/2021 Fines: $111,750 Violations: Property Exterior, Solid Waste, Trash/Debris, Unsightly Conditions, Structural Supports, Accessory Structures, Fences & Walls, Overhang/Awning, Roof, Windows, Vermin/Rats/Pests Vacant Lot Cobb St 17-3N-23-2490-0130-0050 Leonard Lee Case# 22-1146 In Compliance 8/30/2022 Case # 22-52 Hearing Date: February 15, 2022 Fines: $83,250 Violations: Trash/Debris 490 MLK Ave 17-3N-23-2490-0077-0100 Heirs of Leonard C Lee Case # 19-814 Hearing Date: November 17, 2020 Fines: $166,000 Violation: Criteria to Demolish Page 709 of 767 22-120 595 Benjamin January 18, 2022 Exhibit 2 Page 710 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION / /g72,1 ,575 21-1515- 598'Benja min NATURE OF oFVIOWUON frov?ck t k.er ricwwK.5 c J PCrr� T Cr �e vo vL 4ft (rah°c o�cIIVE +Gr REQUIRED J CRAPTER 38-65 IMPROVED PROPERTY STARDAR1 O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (a) EXTERIOR WALLS (f) WINDOWS O (g) SHUTTERS 0 (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS JulQ) EXTERIOR SURFACE TREATi ENT `i (k) STRUCTURAL SUPPORTS (I) PORCHES AND BALCONIES O (m) STAIRS .. (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS ;(4) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (Ir) SWIMMING POOLS O u) RODENT HARBORAGE } '(v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS:1k; .5 r '5 urt514, 4-leCirict f cno1 ,s dv/ ;liver I°3QSt dP Sirvd- .ey.... !J.' 6LI5r. doori, s� b'r�� rod.g* 5 A �l t ds' �►+� red. r� r s l4iJ ever / Del oc „S" 4-vt Is fir+^ rr v e t±s 4n.d ;s VASTPC, 4,./;/61•eN $frvAni3F T ncr; rfFlFr1AF_ (his trrn FAUX OF FAA . = . EXHIBIT # _ Page 711 of 767 595 Benjamin St Crestview FL 32536 November 16. 2021 09:0GAM 595 Benjamin St Crestview FL 32536 November 16. 2021 08:59AM 595 Benjamin Si Crestview FL 32536 ecem er 11. 4.t ! :4 AM.. 595 Benjamin St Crestview FL 32536 ► , ,' , "1. �. December 01, 2021 09:43AM 595 Benjamin St Crestview FL 32536 'December 01. 2021 09:46AW 595 Benjamin St Crestview FL 32536 December 01, 2021 09:47AM = `Y.,. . r,r., 595 Benjamin St -1`r Crestview FL 32536 ;,• ... ,� : , ►. .y x „' Case # 22-120 595 Benjamin January 06, 2022 02:35PM 198 N Wilson St Crestview FL 32536 CITY OF CRANIVIEW CODIMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION !9*1 Moot Strew North Crestview", FL 3a536 (0) 61, 46 Noncs OF'MX HEARING DATE November 16, 2021 L,00etotd Adiltxae 320 Pon Pkwy Crestview, PL 32539-as*6 RE: CAW 12-L20 DerrPtapry []+rear: beesidoxicieYoatarLarrtrX i* a'rerrs....ryffvisslr�Ssa►r courcoveW be ■tic hiumbem u" Irwin toad cawafghismirArdrol thri tr Edo an a Frog you tsodrd et tb5 Breda Fa, Cra .r.w. FT. n134 me potash* rr raw xo-sN.23-0ooa 1 201_7s�s zasD� DEO SW or ! °r)j' N Tw.3preieF worms beadle power litho Sp.riit M. Lees. f tla r anew '" r4 ampP b tt36upwbfoearapat SnerrdRibrlssam%slur settrm rd SUM pirriciracq ba tO ia+prahk.r itarkhiles,weir aarri ma Ylolasioa, Ir u m....as..1°6. NMI .-<m!sre, oritglr ►+ - "NM Iha �dy 4 crier The 5ccat'erarrir� body, „bbi. e*rito .i ._iL repair' rargoe m rr.rrs > . ,lgrspa aid amp die ArkigEwli the err ari4 reilleingribeaktlichrielp maiespirty lnm dement ewbar+ taibdl.yy d•�r�ulasr i.rbrsr�rrltrinew IF81 M � i^i•brikrapd A, anifirtropratim orarimpribisr ems. watandeir rosevaig br Orrrq m fr Pais lla rdr: aid rr+ads u4�1 ar+r�rrr a bat 'mod V it rnIrts swirocii istrabortast cr-prorma Pw te*w dbyia 7aMde,11 Ore EXHIBIT # Page 720 of 767 January 18. 2022 10 16AM .E 595 Benjamin St Crestview FL 32536 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 2, 2021 Case #: 22-00000120 LEONARD ADIB LEE 320 FORREST PARKWAY CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 595 BENJAMIN ST Tax Identification Number 20-3N-23-0000-0117-0010 Legal: BEG SW COR OF SEI/4 OF NW1/4 N, 208.75 FT E 208.75 FT, 208.75 FT W 208.75 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 16, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate bas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and otter penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. Iii ukhave any qusetions concerning this matter, you may call me at (850) 683-0896. // Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # Z Page 723 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 SCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : CONTINUED CAHLBIT # Z Page 724 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. EXHIBIT # Page 725 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have EXHIBIT # Page 726 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit, prior to commencing repairs. Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. EXHIBIT # �c Page 727 of 767 VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below,a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department 0 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 WINDOWS DESCRIPTION: WINDOWS -OPENINGS -SCREENS LOCATION: QUANTITY: 1 DATE: 11/02/21 ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding'the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # Page 728 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR SURFACE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: Al]. exterior surfaces, EXHIBIT # _ Z Page 729 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to match existing surfaces. (4) Repair, replace or repaint, the exterior surface of the building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. EXHIBIT # Page 730 of 767 i'zi wii, ri:21 I'M u0ra.comv+- uarO u IMCM1179 Resuits I.. S raching® Track Another Package + Tracking Number: 70143490000041566758 FAQs > Remove X Your item was delivered to an individual at the address at 3:42 pm on November 4, 2021 in CRESTVIEW, FL 32539. el Delivered, Left with Individual November 4, 2021 at 3:42 pm CRESTVIEW, FL 32539 co u1 r- 7014 3490 0000 4156 U.S. Postal Service CERTIFIED MAIL RECEIPT OFFICIAL_ USE PaoYQo 0- Pee noun Pliosipt Poo UMIPostpo&row %3202, 3 202/ 0. as CD v u s/� Can't find what you're looking for? EXHIBIT # Z Go to our FAQs section to find answers to your tracking questions. hUps://tools.uses.com/goffrackConrmnAction?tRef=fullpage&tLc=2&text28777=&tLabels=70143490100041568758%20 1/2 Page 731 of 767 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 17, 2021 Case #: 22-00000120 LEONARD ADIB LEE 320 FORREST PARKWAY CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 595 BENJAMIN ST Tax Identification Number: 20-3N-23-0000-0117-0010 Legal: BEG SW COR OF SE1/4 OF NW1/4 N, 208.75 FT E 208.75 FT, 208.75 FT W 208.75 FT If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances manes of the City of Crestview in cases where violations continue to exist. If oixhave any questions concerning this matter, you may call me at (850) 683-0896. ' Sricx ly,rr i + for Code Compliance EXHIBIT # 2 Page 732 of 767 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 r ICRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : CONTINUED EXHIBIT # 10e Page 733 of 767 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is,required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired.,In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy CD 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. EXHIBIT # Z Page 734 of 767 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance; with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have EXHIBIT # Page 735 of 767 VIOLATION DETAIL PAGE 4 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit, prior to commencing repairs. Please Contact the Permitting Department 0 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department 0 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. EXHIBIT # _1/ Page 736 of 767 • VIOLATION DETAIL PAGE 5 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department ® 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # I� Page 737 of 767 VIOLATION DETAIL PAGE 6 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORD/NANCE DESCRIPTION : (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR SURFACE DATE: 11/02/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: All exterior surfaces, EXHIBIT # Page 738 of 767 VIOLATION DETAIL PAGE 7 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to match existing surfaces. (4) Repair, replace or repaint, the exterior surface of the building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 11/17/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18. EXHIBIT # [� Page 739 of 767 VIOLATION DETAIL PAGE 8 CASE NUMBER 22-00000120 PROPERTY ADDRESS 595 BENJAMIN ST ORDINANCE DESCRIPTION : (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 11/17/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT #_Z Page 740 of 767 Page 741 of 767 CERTIFIED M AIL F- a. w U w cc U Q > 5 coo mow• EL of 0.cc2 cn W E C.) Li City- of Crestview City Hall 198 North Wilson Street Crestvie w, FL 32536 1 Joh 1 '[299 9S'th MOOD 06hE h'CUU 11 11 I1 NEO PQ,ST FIRST-CLASS MAIL FL 3a5 1PM 1. L Magial23$004.282 7014 3490 0000 4156 6871 Leonard Adib Lee 320 Forrest Parkway Crestview, F' 32539 $2.s 444 t • ZIP 32536 041M11297338 NIXIE 322 DE 1 6612/29/21 RE TURN TO SENDER UNCLAIMED UNABLE TO FORWARD RC: 32536343698 *2638-9 1952-13'-43 CITY OF CRFSTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PW3LIC HEARING DATE: November 16, 2021 Leonard Adib Lee 320 Forrest Pkwy Crestview, FL 32539-8586 RE: CASE# 22-120 Dear Property Owner: You are hereby formally notified that on January 18,2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 595 Benjamin St., Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-0000-0117-0010 LEGAL DESCRIPTION: BEG SW COR OF SE1/4 OF NWl/4 N 208.75 FT E 208.75 FT 208.75 FT W 208.75 FT TO BEG 1126-82 The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to $500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed. If a violation, or the condition causing the violation, presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify the local governing body, which may make all reasonable repairs required to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed. If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in the lien authorized under FS 162.09(3). A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa County Public Records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. End Notice of Violation EXHIBIT #, Z Page 742 of 767 You have the right to obtain an attorney, at your own expense, to represent you before the Special Magistrate. If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court reporter to attend the hearing. The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special Magistrate is to facilitate the enforcement of local and state laws. ncerr y, torah Lawson Code Compliance Officer 850.305.3702/850.612.9714 Form 53A Appesdlx embed 20:1 EXHIBIT # Page 743 of 767 Case # 22-120 595 Benjamin Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or refuse of any nature. Corrective Action Required: Remove the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. Code of Ordinance Violated: Chapter 38 Section 18 (i), (j) (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or part thereof trailers, or other such items. (j) The storage of any vehicle or boat, orparts thereof without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action Required: 1. Remove the wom-out, scrapped, partially dismantled, non - operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, trailers, or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. Code of Ordinance Violated: Chapter 38 Section 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove the vegetation, or weeds from the property. Code of Ordinance Violated: Chapter 38 Section 64 (e) Exterior walls Exterior walls of building shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative EXHIBIT # Page 744 of 767 Case # 22-120 595 Benjamin Statement of Violation features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. Corrective Action Required: Obtain the necessary permits and repair or paint the exterior walls of the building that contains holes, breaks, and loose or rotting materials. Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features. Code of Ordinance Violated: Chapter 38 Section 65 (f) Windows (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as hurricane or tornado, the City Manager may extend the time as needed. Corrective Action Required: Obtain the necessary permits and repair or replace the windows. Code of Ordinance Violated: Chapter 38 Section 65 (h) Exterior Doors Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. Corrective Action Required: Obtain the required permits and repair or replace the exterior doors. Code of Ordinance Violated: Chapter 38 Section 65 (j) Exterior Surface Treatment All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. Corrective Action Required: Obtain the necessary permits and repair, replace or repaint, the exterior surface of the building to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. EXHIBIT # 2. Page 745 of 767 Case # 22-120 595 Benjamin Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (k) Structural Supports Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. Corrective Action Required: Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Code of Ordinance Violated: Chapter 38 Section 65 (1) Porches and Balconies All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. Corrective Action Required: Obtain the necessary permits and repair or replace the porches and balconies. Code of Ordinance Violated: Chapter 38 Section (n) Roofs Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. Corrective Action Required: Obtain a roofing permit and repair or replace the roof. Code of Ordinance Violated: Chapter 38 Section 65 (q) Overhang Extension All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Corrective Action Required: Obtain the necessary permits and repair or replace the overhang extensions. EXHIBIT # _Z Page 746 of 767 Case # 22-120 595 Benjamin Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (v) Exterior Lighting All outdoor lighting shall comply with the following: (1) Non vehicular light sources that shine into the eyes of divers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. Corrective Action Required: Obtain the necessary permits and repair or replace the exterior lighting. EXHIBIT +� Page 747 of 767 12/29/21;3:25 PM uOr iD.ixirrP Y - u.?r 7 f, LI uI fd nvausta USPS Tracking® Track Another Package 4 - Tracking Number: 70143490000041567168 FAQs > Remove X Your .item was delivered to an individual at the address at 1:52 pm on December 4, 2021 in CRESTVIEW, FL 32539. Delivered, Left with Individual December 4, 2021 at 1:52 pm IRESNIEW, FL 32539 ..0 8.1 N 3490 0000 4156 U.S. Postal Service CERTIFIED MAIL RECEIPT Doriestic Mail Only Fo+ delivery infixmosoon .'sit our v,Pcsrte r ww» cape c.�m OFFICIAL U 114. t ia. C.A1 sd F.. Aesbieled Delivery Fie Rolm Rioculpt fa* 5$ J 33 micw (emu, 3? ci a m 0 s ,• EXHIBIT # Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. hops!/tools.asps.com/go/rrac1cConfirtnActlon7tRef=fullpage&t . 2&text28777=&tLabe1s=70143490000041567168%2C&tABt=false 112 Page 748 of 767 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-120 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 6th day of January 2022, I personally posted said Notice of Hearing at: 595 Benjamin Street, Crestview, Florida, in the County of Okaloosa. of s. ,• not ae is attached hereto. l ant's Si 1U17/M - Da e Before me, the undersigned authority personally appeared, Deborah Lawson, who being duly sworn deposes and states that she executed the foregoing affidavit, and it is true and correct. Sworn to and subscribed before me this 6th day of January 2022. (SEAL) OFFICIAL NOTARY SEAL Christi L Sheals Commission No. GG326168 NOTARY PUBLI My Commission Expires April 21, 2023 Form 54 MY COMMISSION EXPI aecai} 17.b.4/1 ZA3 Appendix 9 Page 749 of 767 BUILDING OFFICIAL STRUCTURAL DETERMINATION any WIUREOF .575 21-151$..598 Benjamin ADORESSLOGIMONOFVCIAllON erovi-r e art er r c S Qnci 67 rr4 1- or Qe+'10 vC -croirt e"``f c, acna syRIMMED CSR 38451MlPROVEOPRbrPE STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS O (g SHUTTERS (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS )2( (j) EXTERIOR SURFACE TREATEIENT (k) STRUCTURAL SUPPORTS (I) PORCHES AND BALCONES O (m) STAIRS • (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS - .(q) OVERHANG EXTENSIONS O (4 INSECT SCREENS O (a) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE a7 ^ (v) EXTERIOR UGH11NG O (w) FENCES AND WALLS COMMENTS: I l f 5 h- lec i-ncc r cad sir„ckrc l .red• 'ff is k) eve( 4 X14,°,1 oc S ..r .. .54r‘x4N.itis 41 r e 1,c.re4i c dis vAS S -Pt, /44 Q 6id-N sfavaiw nu: r rsy ooerrrn UAW CC a arm rtreifiL rIATF WI/2f EXHIBIT # 111 Page 750 of 767 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Leonard Adib Lee 320 Forrest Parkway Crestview, FL Respondents. Inst. #3520851 $k 3599 Pg: 3137 Page 1 of 3 Recorded: 1/19/2022 3:38 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK jleiboId JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, 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. Page 755 of 767 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), (aj, (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, Page 756 of 767 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 6.7796 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. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.01.19 13:31:57 -06'00' Special Magistrate 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. Page 757 of 767 CTI'Y OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 2226 City of Crestview, Florida, Petitioner, VS. Leonard Adib Lee 320 Forrest Parkway Crestview, FL Respondents. Inst. #3595751 Bic 3654 Pg: 3409 Page 1 of 3 Recorded: 12/1312071207 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY. FLORIDA CASE#.22-120 FINDINGS OF FACT, CONCLVSIONS 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. Page 758 of 767 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, Page 759 of 767 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 B. Taylor n CORRECT COPY Taylor Date: 2022.12.06 11:12:46 BY: bt` QA_I C-- -06'00' G-2J'L- DATE: 1 - ► �-- Special Magistrate 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. Page 760 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Presentation Item # 11.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader 3/21/2023 Monthly Update BACKGROUND: A monthly update on some projects that the office is working on. DISCUSSION: Municode — Working on Code review for the codification upgrade, as well as awaiting receipt of Supplemental No. 28. The Ordinances encompassing Supplement 28 are Ordinance 1838 — 1910. Public Records — For the February 1 -28, 2023 period, we received 57 new requests, with 28 open, the average number of days to fulfill all requests was 3, 60 requests were closed, and 10 requests were fulfilled outside of the average response time by the end of the period. The average number of hours to fulfill a request was 1.01 hours at a cost of staff time averaging $16.83. We released 67 documents for the period. We have received $116.68 from invoices for the February 2023 reporting period. Laserfiche —The public records portal located on the City Clerk page at: https://city-of-crestview- fl.nextrequest.com/. The portal is utilized to enhance the historical integrity and preservation of our records and ensure records are accessible on a routine basis, as well as in the event of a disaster. The total as of the end of February 2023 is 88,398 pages. We have received estimates from Business Systems & Consultants, Inc. (BSC) regarding scanning of records to free up much needed storage space. Records Management — Working on a training session for records management liaisons from each department. Training Update — No new training sessions for the month of February. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Page 761 of 767 Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION No action at this time. Attachments None Page 762 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Presentation Item # 12.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Gina Toussaint, Finance Director 3/22/2023 Financial Update - Finance Director BACKGROUND: This is a presentation of the monthly financial information as required by the City Charter. DISCUSSION: Below you will find the link to the February disbursement registers. Also provided are the monthly Unaudited Schedules of Revenues & Expenditures ending January 31, 2023. Follow this link by clicking on the icon with the arrow for the February check registers and financial statements: February Check Register February Epayables Register January Financial Statement GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 763 of 767 Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A RECOMMENDED ACTION For informational purposes. No action required. Attachments None Page 764 of 767 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: March 27, 2023 TYPE OF AGENDA ITEM: Ordinance Item # 13.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director, Doug Capps 3/22/2023 Ground -Mounted Solar Energy Systems Update BACKGROUND: Currently, the Land Development Code does not contain requirements or restrictions explicitly pertaining to ground -mounted solar panels. Since the last discussion, staff has discussed the proposed language amongst themselves as well as with officials from other jurisdictions to revise the proposed language. DISCUSSION: Brought forward by Councilmember Doug Capps. A draft ordinance is attached to this item. Since the previous discussion, Community Development Services staff has discussed the placement provisions, potential existing structures, and safety considerations pertaining to the fence requirement previously included. There is one pre-existing permitted ground mounted solar system that was identified. It was also identified to be in compliance with the requirements of this ordinance as previously drafted, and as revised. Staff was able to revise the language to allow placement of solar systems in front yards of deeper lots, similar to the existing placement provisions for accessory buildings and sheds on deeper lots. Additionally, staff determined, following internal discussions as well as discussions with building officials from other jurisdictions, that ground mounted solar, when constructed to -code, is at least as safe if not safer than the electrical panel on the side of one's house. As such, staff removed the requirement for the fencing surrounding the solar systems from the draft language, though a homeowner could still install a fence if they wanted to. If there is consensus on the draft language by the Council, staff will begin the Ordinance adoption process, first bringing this Land Development Code Amendment to the Planning and Development Board on April 3th, for first reading before the Council on April 10th. GOALS & OBJECTIVES FINANCIAL IMPACT No known impact. RECOMMENDED ACTION Staff respectfully requests consensus on the provisions in the draft language. Attachments None Page 765 of 767 ORDINANCE: 1928 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING SECTION 2.02.00 — DEFINITIONS AND SECTION 7.01.00 — ACCESSORY STRUCTURES, OF THE CITY OF CRESTVIEW LAND DEVELOPMENT CODE TO DEFINE AND PROVIDE STANDARDS FOR GROUND MOUNTED SOLAR ENERGY SYSTEMS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is section 166.041, Florida Statutes, and The City of Crestview Land Development Code. SECTION 2 — AMENDING SECTION 2.02.00 — DEFINITIONS, OF THE LAND DEVELOPMENT CODE. Section 2.02.00 of the Land Development Code is hereby amended with the addition of the following definition: Ground -mounted solar energy system: A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground. SECTION 3 - AMENDING SECTION 7.01.00 — ACCESSORY STRUCTURES, OF THE LAND DEVELOPMENT CODE. Section 7.01.00 of the Land Development Code is hereby amended with the addition of Section 7.01.05, as follows: 7.01.05 — Ground Mounted Solar Energy Systems A. Placement: 1. Lots within recorded subdivisions and un-platted lots with a depth less than 250 feet: a. Systems shall only be permissible in side and rear yards and shall be setback three (3) feet from side and rear property lines. b. Systems located closer than five (5) feet to the principal structure shall meet the same minimum setbacks required for the principal structure. 2. Lots with a depth of 250 feet or greater: a. Systems placed in side and rear yards shall be setback three (3) feet from side and rear property lines. b. Systems placed in any primary or secondary front yard shall not be placed within any required front setback. c. Systems located closer than five (5) feet to the principal structure shall meet the same minimum setbacks required for the principal structure. 3. Systems shall not be located within any required buffer area, required landscape area, required parking lot landscaping, required parking spaces, stormwater management area, wetland buffer, driveway, or easement. 4. If located in a flood lain project must comply with LDC Section 5.05.00. B. Height standards. The maximum height of a ground -mounted solar energy system shall not exceed fifteen (15) feet as measured from the natural grade at the base of the structure to the highest point of the array or solar structure. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect Page 766 of 767 the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the day of 2023. ATTEST: Maryanne Schrader City Clerk Approved by me this day of , 2023. J. B. Whitten Mayor Page 767 of 767