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HomeMy Public PortalAbout04_24_2023 City Council Regular Meeting PacketCITY OF CRESTVIEW CITY COUNCIL REGULAR COUNCIL MEETING AGENDA April 24, 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, please) to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Elder TJ Hearndon of The Shepherd's Church 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. Employee of the Quarter 6. Consent Agenda 6.1. Okaloosa County Veteran's Memorial Lease Agreement 6.2. Barge Sewer System Hydraulic Modeling 6.3. Authorization to Proceed with the Foreclosures of Code Compliance Liens 6.4. Multi -Agency Law Enforcement MOU Renewal Approval 6.5. Approval of the minutes of April 10, 2023 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1929 Repeal & Replace Chapter 32 Fair Housing to establish SHIP program 7.2. Ordinance 1922 - Richburg Lane Annexation 7.3. Ordinance 1923 - Richburg Lane Comp Plan Amendment 7.4. Ordinance 1924 - Richburg Lane Rezoning 7.5. Ordinance 1925 - Richburg Lane and Third Avenue Annexation 7.6. Ordinance 1926 - Richburg Lane and Third Avenue Comp Plan Amendment 7.7. Ordinance 1927 - Richburg Lane and Third Avenue Rezoning Page 1 of 965 8. Ordinances on First Reading 8.1. 1. Ordinance 1930 - Ground Mounted Solar Panels 9. Resolutions 10. Action Items 10.1. Brookmeade Park Improvements Conceptual Design 11. City Clerk Report 11.1. Update for March 2023 12. City Manager Report 12.1. Financial Update - Finance Director 12.2. Planning Development Board Membership 13. Comments from the Mayor and Council 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 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/20/2023 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 965 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 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Presentation Item # 5.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jessica Leavins, Administrative Services Director 4/20/2023 Employee of the Quarter BACKGROUND: The City of Crestview appreciates the efforts of employees to achieve our mission. Outstanding employees deserve to be recognized both as a reward for exceptional performance and as a model to other employees. The "One City One Mission" program recognizes two employees each quarter: one member of the general staff and one public safety employee. Nominations for the award are submitted by employees and the winners are selected by a committee consisting of the department heads. Nominations are based on excellent job performance, dependability and/or innovation during the quarter for which the award is to be given. All nominations relate back to the City's mission "The City of Crestview's mission is to improve the quality of life by providing exceptional municipal services" or motto of "One City, One Mission". This program is sponsored by All In Credit Union. DISCUSSION: The winners for this quarter, January- March 2023, are Code Enforcement Officer Deborah Lawson and Candace McLeod, Administrative Assistant in the Public Services Department. 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 Communication- To engage, inform and educate public and staff FINANCIAL IMPACT There is no financial impact to the City as the awards are sponsored by All In Credit Union. RECOMMENDED ACTION No action is necessary. Attachments None Page 5 of 965 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Action Item TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Dominique Vaughn, Executive Assistant, Jerry Whitten, Mayor, Tim Bolduc, City Manager 4/20/2023 Okaloosa County Veteran's Memorial Lease Agreement BACKGROUND: The City of Crestview and Okaloosa County Veterans Memorial Inc. have agreed to enter into a 20 -year lease for the Veteran's Memorial in the amount of $1.00 each year. This is the second lease agreement since it's establishment in 2002. The previous lease expired in April 2022. DISCUSSION: City Attorney, Jon Holloway, has reviewed the amended lease agreement with County Attorney, Lynn Hoshihara. 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 The financial impacts of this agreement are addressed in the annual budget and are minimal. Page 6 of 965 RECOMMENDED ACTION Staff respectfully requests a motion to approve the renewal and execution of the attached lease agreement. Attachments 1. unsigned Lease for Veterans Memorial 2022 Page 7 of 965 INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND CITY OF CRESTVIEW FOR THE OKALOOSA COUNTY VETERANS MEMORIAL THIS AGREEMENT is made and entered into this day of , 2023, by and between OKALOOSA COUNTY, a political subdivision of the State of Florida ("County"), and the CITY OF CRESTVIEW, a municipal corporation organized under the laws of the State of Florida ("City"). WHEREAS, the County owns property located at , as more particularly described on Exhibit "A" ("Property"); and WHEREAS, on April 2, 2002, the County and City entered into a lease agreement ("Lease") wherein the Okaloosa County Veterans Memorial, Inc. agreed to provide structure(s) for the Okaloosa County Veterans Memorial to be located on the Property, including gazebo, plantings, benches, etc., all of which were donated to the City upon completion; and WHEREAS, the Lease expired on April 1, 2022, and the parties wish to enter into this Agreement to continue the existing arrangement; and WHEREAS, the parties find it is in the best interest of the community to continue utilizing the Property for the Okaloosa County Veterans Memorial. NOW THEREFORE, in consideration of the foregoing and the mutual obligations set forth below, the parties, intending to be legally bound, agree as follows: Section 1. Recitals. The above recitals are true and accurate and are incorporated herein as essential terms of the Agreement. Section 2. Responsibilities. A. The County agrees to the continued use of the Property by the City for the Okaloosa County Veterans Memorial. B. The County and City shall share equally the cost of repairing, replacing and maintaining the Property and structures thereon and shall use all reasonable precautions to prevent waste, damage, or injury to the Property. C. The City shall be solely responsible for all utility charges, including sewer, water, gas, electricity, phone service, etc. Section 3. Term. This Agreement shall be effective upon execution by the parties and shall continue until terminated by either party upon providing sixty (60) days' notice in writing. Unless otherwise agreed to by the parties, upon termination of this Agreement all improvements on the Property shall remain on the Property and become property of the County. 1 Page 8 of 965 Section 4. Third Party Beneficiaries. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. Section 5. Authority. Each party represents and warrants that it, through its elected governing body, has the right, power, and authority to execute and deliver this Agreement and to perform all of the obligations stated herein. Section 6. Notice. Any notice or document required to be delivered under this Agreement shall be in writing and shall be deemed received by the other party at the earlier of the date actually received, or five (5) business days after the date deposited in a United States Postal Service depository, postage prepaid, registered or certified mail, addressed to the County or the City, as the case may be, at the addresses set forth below: As to the County: County Administrator Okaloosa County 1250 N. Eglin Pkwy Suite 100 Shalimar, FL 32579 As to Crestview: City Manager City of Crestview 198 North Wilson Street Crestview, Florida 32536 Section 7. Entire Agreement. This Agreement represents the entire understanding between the parties with respect to the undertakings covered hereunder and there are no oral or collateral agreements with respect thereto between the parties. The provisions hereof may be amended or waived only pursuant to an instrument in writing, approved by the City Council and the Board of County Commissioners, and jointly executed by the parties hereto. Section 8. Governing Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Agreement shall be in Okaloosa County, Florida. Section 9. Indemnification. Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, the County and the City shall indemnify and hold harmless each other from and against any and all third -party claims, demands, damages, losses, and expenses, including attorney's fees and costs, except for those claims, demands, damages, losses, and expenses arising out of the party's own negligence, malfeasance, nonfeasance, or misfeasance. Section 10. Severability. If any portion of the Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either party, is for any reason held or declared to be invalid or unenforceable, such determination shall not affect the remaining portions of this Agreement. If this Agreement or any portion of this Agreement is held or 2 Page 9 of 965 declared to be inapplicable to any person, property or circumstance, such determination shall not affect its applicability to any other person, property or circumstance. Section 11. Conflicting Provisions. Any provision(s) of past agreements, entered into by the parties, in conflict with this Agreement are deemed repealed and the terms in this Agreement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. OKALOOSA COUNTY, FLORIDA CITY OF CRESTVIEW, FLORIDA Robert A. "Trey" Goodwin, III, Chairman Date: ATTEST: J.D. Peacock II, Clerk 3 JB Whitten, Mayor Date: ATTEST: Maryanne Schrader, City Clerk Page 10 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Ordinance Item # 6.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Michael Criddle, Public Services Director 4/20/2023 Barge Sewer System Hydraulic Modeling BACKGROUND: The City of Crestview Sewer Division manages and operates a wastewater collection, transmission, and treatment system. The system is divided into four major basins that can each be divided into subbasins that contribute flow to a pump station. Crestview currently has approximately 85 active lift stations and several planned to handle future growth, in addition to various private lift stations. Phase 1 includes providing sewer basin infrastructure planning support to map lift stations and their contributing collection system. This pilot project will provide the City with an updated GIS system with the known features and a hydraulic model for a select part of the system, delineated as pump station basins that can be used to evaluate the existing system (for superfluous inflows) and help the City plan for the future. The project also includes developing sewer improvement projects for the Pump Station #10 basin and providing support for planning sewer capacity improvement projects to support long-term growth. DISCUSSION: Task Order 2023-2 for Barge Design Solutions is for wastewater collection, and transmission hydraulic modeling. The subtasks for the modeling are as follows: The scope of services is summarized into the following major tasks: Task 1 — Sewer GIS Review -This task will review the City's GIS system and compare with industry standards. The review will incorporate recommendations for improvements as well as recommendations for incorporation of the GIS features under this Task Order. Task 2 — Sewer Data Collection and Review - To begin the process of updating the information for the basin evaluation and sewer modelling activities, it is important to gain an understanding of the sewer network layout and City operational preferences and strategies. Task 3 — Pilot Model - A pilot hydraulic sewer model will be assembled for an area of the collection system, encompassing Pump Station #10, which is the most critical and vulnerable in the collection system. Task 4 — Sewer Basin Infrastructure Plan Development - Barge will review the parcel development densities using GIS tools to identify areas within each sewer basin that have likely potential for future development. Development densities will be used to develop flow projections. Flow projections for each sewer basin will be documented within each sewer basin plan with a future development overview figure and flow projection summary table for the 2040 plan period. Barge will incorporate the flow projections distributed by parcels into the pilot basin sewer model and the capacity assessment tool, using GIS spatial analysis tools and manual review. Rainfall -derived inflow and infiltration (RDII) parameters will be assigned based on available data from pump station recorded data or flow monitors. Barge will evaluate the basins under Page 11 of 965 future flow conditions to identify components of the existing infrastructure that fail defined level of service criteria. Portions of the system that fail level of service criteria within the sewer collection and transmission system are the basis for developing sewer improvements. Infrastructure requiring sewer improvements will be documented within the sewer basin planning document. The pilot hydraulic model including network(s), queries, selection sets, and simulation results reflecting the impact of projected development on existing infrastructure will be provided to the City in the form of a transportable database. 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 Play- Expand recreational and entertainment activities within the City FINANCIAL IMPACT The estimated cost for the Barge Task Order 2023-2 is $245,000.00. Funding is currently available in the Capital Improvement Fund, Water Division #332.1633.533.63.00. RECOMMENDED ACTION Staff respectfully requests a motion to approve the Mayor to execute Task Order 2023-2 to proceed with the sewer hydraulic modeling. Attachments 1. TO4 Sewer Model 04032023Package - Signed Page 12 of 965 8ARGc Task Order No. 2023-2 Sewer System Hydraulic Modeling, Phase 1 City of Crestview, Florida April 4, 2023 This Task Order, effective the date last signed below, by and between City of Crestview, Florida (City) and Barge Design Solutions, Inc. (Barge) for the Sewer System Hydraulic Modeling, Phase 1 (Project) is in accordance with the terms and conditions of the Professional Engineering Continuing Services Contract dated May 11, 2021, as renewed/extended August 12, 2022, and as amended January 9, 2023 (Agreement), all of which terms and conditions are incorporated herein by reference. The Project is described in Exhibit A — Scope of Services, attached. For performance of the Project authorized under this Task Order, Client agrees to pay Barge for time worked on the project by various personnel plus applicable outside services and other expenses properly charged to the project in accordance with Exhibit B — Schedule of Standard Charges. The estimated cost to perform the scope of work as defined in Exhibit A is estimated to be $245,000.00. The budget status will be summarized monthly in our progress report and invoice submittal. City of Crestview, Florida Barge Design Solutions, Inc. By: By: Printed Name: Printed Kevin W. Kennoy Name: Title: Title: Vice President Address: Address: 495 Grand Boulevard, Suite 206 Miramar Beach, FL 32550 Date Signed: Date Signed: April 10. 2023 Page 1 of 1 City of Crestview, Florida Task Order 2023-2 Sewer System Hydraulic Modeling, Phase 1 Page 13 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 Barge Design Solutions, Inc. (Barge) is proposing the following scope of services for the City of Crestview, Florida (Client) to provide hydraulic modeling and planning services for Phase 1 of the Sewer System Hydraulic Modeling Project, in accordance with Task Order No. 2023-2. The scope of work is presented in the following elements: I. Project Description I I. Scope of Services III. Project Schedule I. Project Description The City of Crestview Sewer Division manages and operates a wastewater collection, transmission, and treatment system. The system is divided into four major basins that can each be divided into subbasins that contribute flow to a pump station (see Figure 1). Crestview currently has approximately 80 active lift stations and several planned or private lift stations. Phase 1 includes providing sewer basin infrastructure planning support to map lift stations and their contributing collection system, for a part of the system. This "pilot" project will provide the Client with an updated GIS system with the known features and a hydraulic model for a select part of the system, delineated as pump station basins that can be used to evaluate the existing system (for superfluous inflows) and help the Client plan for the future. The project also includes developing sewer improvement projects for the Pump Station #10 basin and providing support for planning sewer capacity improvement projects to support long-term growth. Discussions with the Client and review of the Client's existing GIS information have been the sources of information for determining the tasks and estimated level of effort for this task order. Given the preliminary nature of the information, the level of effort may change as new information is obtained. The budget status will be summarized monthly in our progress report and invoice submittal. II. Scope of Services The scope of services is summarized into the following major tasks: Task 1 — Sewer GIS Review Task 2 — Sewer Data Collection and Review Task 3 — Pilot Model Task 4 — Sewer Basin Infrastructure Plan Development April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 1 of 11 Page 14 of 965 8ARGa DESIGN SOLUTIONS Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 Legend LS Manhole - Gra'+ity Main - Forcemain Lloyd St LS DrainageArea 1 Arena Rd LS Drainage Area Resberry I d L5 Drainage Area F7 Crabapple Dr LS Dralnage Area Pease I L'iB HA+1C47' IJRItl9a'ha}' Lur JLng Ph2 LIP4a rr Cras iew 3} While Welt Run d} Lagsnry Mica sj Hadchar.4u6dixsion L91+7,1m Ridge fl urom Suhduk4on Edea _ake 9j Pant4rVpi.iy fkl RgrInla .Cnnrnnnx 11 j6Mgrolm Cvcks 12} Fo, .c d ExlaLea Igl FOK 'feney Ph 4 Id} taunyarmka tsuus 15) Julian In Figure 1, Crestview Sewer System April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 2 of 11 Page 15 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 The following sections provide a description of the purpose, activities, deliverables, and assumptions anticipated for each of the tasks. Throughout the project, Barge will manage the activities of our staff and subconsultants, coordinate monthly status meetings with the Client's staff, and submit monthly invoices with updated schedules and cost projections as applicable. Task 1 — Sewer GIS Review This task will review the Client's GIS system and compare with industry standards. The review will incorporate recommendations for improvements as well as recommendations for incorporation of the GIS features under this Task Order. Barge will provide the following services: • Meet with Client staff to review its current GIS (to take place during the project kickoff meeting). • Evaluate the GIS databases and provide recommendations for structuring, security, reliability, and future additions. Meetings: The following meetings will be conducted as part of this task: • Initial GIS review meeting Deliverables: The following deliverables will be provided as part of this task: • Presentation of findings and recommendations for data collection schema Task 2 — Sewer Data Collection and Review To begin the process of updating the information for the basin evaluation and sewer modelling activities, it is important to gain an understanding of the sewer network layout and Client operational preferences and strategies. • Barge will review received data including: o GIS files o Record drawings o Pump station records o Daily Monitoring Report (DMR) records o Billing records (in conjunction with the records received for the water model) o Land use maps o Planned developments April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 3 of 11 Page 16 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 After reviewing infrastructure and operational data, Barge will assess data gaps impacting future tasks. Additional data required will be flagged for collection. This Task Order is based on an assessment of the service area of Pump Station #10, however, if possible, additional data may be collected if permissible within the project budget. As part of this task, Barge will collect information for sewer system features within the Pump Station #10 service area as required for the assembly of the model, including installed metered data for up to three pump stations that feed Pump Station #10. Barge will propose a basin delineation for this pilot area for review with the Client prior to beginning the data collection task. The data collection task includes the following activities: 1. System connectivity and attributes will be developed by collecting data on the sewer system manholes and structures necessary to complete a contiguous sewer system network within Pump Station #10 service area. Service laterals and other private assets are excluded from this survey. 2. Barge's data collection will include a level and format of data that allows for incorporation into (1) GIS software, (2) modeling software, (3) future sewer maintenance planning, and (4) future hydraulic capacity analyses. Collection of the attributes to allow for these future benefits only adds a small amount of effort when already visiting a sewer structure for inventory purposes. Barge proposes to collect/develop the following attributes for the manholes and structures. a. Unique facility identifier b. Photograph of location, photograph of interior, photograph inside connecting pipes c. Survey -grade horizontal coordinates (x, y) and elevation data (z) (rim elevation for structures and invert elevation of pipes) d. Sewer structure type e. Dimensions for connecting pipes f. Flow direction for connecting pipes g. Condition assessment — include a condition grade of structures (assessed from ground level) while collecting the field data that can be used to prioritize future maintenance planning activities. The proposed format will follow a simplified NASSCO based format: i. Grade 0: The asset is in excellent condition and has no documented defects. It is similar to that of new construction with no installation defects. This asset is at or near the beginning of its design life. April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 4 of 11 Page 17 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 ii. Grade 1: The asset is in good condition with only minor installation defects or defects which are minor in nature as a result of its service life so far. This asset is expected to have 20 or more years of remaining service life. iii. Grade 2: The asset is in moderate condition with several minor defects. These minor defects, although not currently affecting its intended use, will likely impact the overall length of the asset's service life. This asset is expected to have 10-20 years of remaining service life. iv. Grade 3: The asset is in fair condition and has one or more moderate defects, but such defect(s) do not appear to be ones that would be considered being of imminent risk of failure. This asset is less than 10 years from the end of its useful or design life. v. Grade 4: Although the asset is partially or fully serving its intended purpose, the asset is in poor condition and has significant defects which are of imminent risk of failure. Failure may occur at any time resulting in this asset being upgraded to a Grade 5. This asset is at the end of its useful or design life. vi. Grade 5: The asset has already failed and is no longer serving its intended purpose. This asset has already surpassed its useful or design life. h. Crews will be formed with one Barge employee and one Client employee. The Client employee will have the use of a City of Crestview truck. Barge will provide the survey equipment (including pole camera). The crews will be equipped with mobile devices capable of storing referenced attributes based on the schema developed in Task 1. Spatially enabled photographs will be taken with the device to automatically tie-in with the data form. Data collection tasks are anticipated to include: i. Collect field data using GPS equipment. ii. Conduct systematic spot-checks and compare surveyed data to existing GIS data. iii. Format the collected information for incorporation into the Client's GIS database. iv. Transfer to the Client for continued use. v. Produce overview maps indicating extent of inventory. April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 5 of 11 Page 18 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 i. Barge will provide and install, through its subconsultants, three flow monitoring devices at pre -selected pump stations for temporary flow monitoring. The flow monitoring is anticipated to be for a three-month period, pending weather that will provide usable data. j. Barge will perform draw -down tests for the pump stations included in the pilot model. Meetings: The following meetings will be conducted as part of this task: • Kickoff -Meeting (includes Data Collection Review and Model Development) • Up to two Microsoft Team Meetings, as needed, during the data collection task Deliverables: The following deliverables will be provided as part of this task: • Final deliverable of a single geodatabase containing the up-to-date data of the pilot area of the sewer system. This information will be in a usable format for future system analyses. This will contain the information listed in a. through g.. Assumptions: The following assumptions are applicable to the above scope of services: • The Pump Station #10 basin is assumed to contain a maximum of 100 manholes. • Barge will require access to manholes from 7am — 7pm during weekdays. • Notices will be sent out by the Client to property owners that have manholes located on their property. • The sewer system to be inventoried has right-of-way access and no entry to private property is required. • Private manholes or manholes belonging to other utility companies will not be surveyed. • Barge personnel will not be entering manholes or confined spaces to collect assessment data; pipe sizes, materials, and other attributes will be determined based on a visual inspection from the ground surface, outside of the manhole. April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 6 of 11 Page 19 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 • This survey includes collection of assets that are on the mainline gravity sewer system; clean outs and lateral pipes will not be located unless they are visible inside of the manhole structure. • Client will provide access to lift stations and assist in operating the pumps for performing drawdown tests (up to three tests). • Client will provide available SCADA data for lift stations and any available flow monitors. • This scope includes three months of flow monitoring at three locations. Additional monitoring locations or duration will be additional services. • Inaccessible structures will be noted in the geodatabase for informational purposes for later access and collection. A list will be developed for a monthly coordination meeting with the Client to give the Client the opportunity to clear the required access, after which the feature will be revisited at the end of the basin survey. • The basic condition assessment is assumed to be completed visually from ground level during the field data collection with the use of a pole camera, but without CCTV. Task 3 — Pilot Model A pilot hydraulic sewer model will be assembled for an area of the collection system, encompassing Pump Station #10. For this task, Barge will provide the following services: • Lift Station Data: o Perform drawdown tests on the pump stations (up to 8) to be included in the model with assistance from the Client. • Flow Monitoring Data: o Delineate monitoring areas and linear footage serving each area. o Develop a plan for temporary flow monitoring at up to three monitoring sites. o Implement temporary flow monitoring program. o Collect confirmation data by the flow monitoring vendor one week after installation. o Collect 5 -minute (or shorter interval) flow data by the flow monitoring vendor on their web service. April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 7 of 11 Page 20 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 o Service the monitors and rainfall gauges for up to three months by the flow monitoring vendor. o Identify dry -weather periods. o Develop diurnal flow patterns for flow monitoring locations. o Identify rainfall events for further analysis. Optimally, the rainfall event will be isolated (with at least 72 hours preceding dry conditions), large enough to show a system response and widespread so that all flow monitors and rain gauges experience a response. • The wastewater system hydraulic model for the pilot area will be developed using pre- selected software in consultation with Barge. The data collected in the previous task will be used to develop the model. The model development process and assumptions will be discussed with the Client in a workshop. Any information gaps or issues with model development will be discussed with the Client. o Manhole invert and rim elevations will be based on survey data collected during the project and input into GIS. This GIS infrastructure data will be imported into the model. o Manning's roughness for sewers will be based on pipe material (where available) and adjusted as needed during the model calibration. o C -factors for force mains will be based on pipe material and age and adjusted as needed during the model calibration. o Force main alignment will be imported from GIS data. o Locations of high points as well as rising and falling sections will be obtained from record drawings. o Manufacturer pump curves supplied by the Client will be used to define pumps in the model. Drawdown testing, where available, will be used to validate the pump curves. o As -built drawings will be used to input area and depth for wet wells. • The hydraulic model will be developed and calibrated using flow data collected. The calibration will be performed for dry -weather conditions and wet -weather conditions. Industry guidelines will be used to develop calibration criteria. Dry -Weather Flow Calibration The dry -weather calibration will use flow data from a multi -day dry -weather period preceded by 72 hours without rainfall. April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 8 of 11 Page 21 of 965 Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 o Analyze data to develop system diurnal flows. o Develop weekday and weekend diurnal curves. o Calibrate based on weekday and weekend average dry weather flow data. o Match peak and average flow within industry guidelines. Wet -Weather Flow Calibration The wet -weather calibration will use data from at least three rainfall events each preceded by a dry -weather period. o Use calibrated dry -weather model. o Develop initial RTK parameters for each delineated area, where R represents the fraction of rainfall entering the sewer system as RDII, T is the time to peak RDII flow, and K is the ratio of recession time to time -to -peak (T). o Simulate response to observed events and adjust RTK parameters. o Achieve match on peak and volume within the respective industry guidelines for any monitoring location in the pressure system. o Achieve match on peak, volume, and depth within the respective industry guidelines for any monitoring location in the gravity system. • The calibrated wastewater system hydraulic model will be used to evaluate the existing system in the pilot area. Meetings: The following meetings will be conducted as part of this task: • System Evaluation Workshop • Up to three additional Microsoft Team Meetings, as needed, during system evaluation and model development • Model Development/Calibration Workshop Deliverables: The following deliverables will be provided as part of this task: • Flow Monitoring Database • Electronic Modeling Files Assumptions: The following assumptions are applicable to the above scope of services: April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page of Page 22 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 • The Client will provide as built or record drawings for all force mains to be included in the model. • Barge will provide, install, and maintain three hybrid lift station flow monitors with level sensors for constant speed monitors for the temporary study. • Where data are unavailable or not attainable in a timely manner, the infrastructure will be included in the model as inactive elements. These elements can be activated when data is available to input into the model. Task 4 — Sewer Basin Infrastructure Plan Development Barge will review the parcel development densities using GIS tools to identify areas within each sewer basin that have likely potential for future development. Development densities will be used to develop flow projections. Flow projections for each sewer basin will be documented within each sewer basin plan with a future development overview figure and flow projection summary table for the 2040 plan period. Barge will incorporate the flow projections distributed by parcels into the pilot basin sewer model and the capacity assessment tool, using GIS spatial analysis tools and manual review. Rainfall -derived inflow and infiltration (RDII) parameters will be assigned based on available data from pump station recorded data or flow monitors. Barge will evaluate the basins under future flow conditions to identify components of the existing infrastructure that fail defined level of service criteria. Portions of the system that fail level of service criteria within the sewer collection and transmission system are the basis for developing sewer improvements. Infrastructure requiring sewer improvements will be documented within the sewer basin planning document. The pilot hydraulic model including network(s), queries, selection sets, and simulation results reflecting the impact of projected development on existing infrastructure will be provided to the Client in the form of a transportable database. Barge will develop recommendations for sewer improvements for portions within the sewer system pilot area failing level of service criteria as previously identified or in areas requiring new sewer. Potential sewer improvements will include upsizing of existing gravity mains, extension of new gravity mains, pump station improvements, pump station decommissioning, new pump stations, and temporary storage. The proposed sewer improvements will be evaluated using the hydraulic model in the pilot area. Other areas will be evaluated based on the existing pump station capacity for the anticipated flows. Planning -level budgets will be developed using Client -provided unit costs for sewer improvements. The areas of potential development, projected flows, and identified capacity issues will be organized in a sewer infrastructure summary document for the pilot sewer basin. Meetings: The following meetings will be conducted as part of this task: April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 10 of 11 Page 23 of 965 BARG= Exhibit A, Scope of Work Sewer System Hydraulic Modeling, Phase 1 City of Crestview, FL April 4, 2023 • Up to two Microsoft Team Meetings, as needed, during the model development task Deliverables: • Database containing future flow sub -catchments • Sewer Basin Planning Document (for the pilot sewer basin), including: Flow projection summary figure and table Sewer improvements for the pilot area Assumptions: The following assumptions are applicable to the above scope of services: • One round of draft development, Client review, and finalization is assumed for the development of sewer improvements and the sewer basin planning document. • Detailed opinions of probable construction costs are assumed not to be part of this scope. III. Project Schedule The preliminary project schedule for the described activities is shown in the table below. Approximate durations are shown in calendar days after Notice to Proceed, from the previous sequential task. All dates are based on timely receipt of field and Client -supplied data and may be adjusted after data is received. Tasks Duration (Calendar Days) Sewer System Hydraulic Modeling, Phase 1 300 days total Task 1 — Sewer GIS Review 30 Task 2 — Sewer Data Collection and Review 90 Task 3 — Pilot Model 90 Task 4 — Sewer Basin Infrastructure Plan Development 90 April 4, 2023 Sewer System Hydraulic Modeling, Phase 1, City of Crestview, FL Page 11 of 11 Page 24 of 965 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Action Item TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Stephen McCosker, Police Chief 4/20/2023 Authorization to Proceed with the Foreclosures of Code Compliance Liens BACKGROUND: This item was brought before council on April 10, 2023 and passed. On review of the item, it was discovered the support documentation for 457 Blakely Avenue was not uploaded properly. This item is being brought back before council with the support documentation for 457 Blakely Avenue. The original staff report is as follows: Since November 2020, Code Enforcement has utilized the special magistrate for properties that remain in violation. Once the magistrate finds the property in violation of the City code of ordinance, a certified copy of an order imposing a fine is recorded in the public record and constitutes a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. DISCUSSION: When property owners refuse to comply with the magistrate's order, Florida Statute 162.09 Administrative Fines; Costs of Repair; Liens provide a process that allows municipalities to foreclose on the property. The statute states that a fine imposed by the magistrate shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed, whichever occurs first. A lien arising from a fine imposed runs in favor of the local governing body. After three months from filing the lien, if it remains unpaid, the governing body may authorize the local governing body attorney to foreclose on the lien or to sue to recover a monetary judgment for the amount of the lien plus accrued interest. The property located at 457 Blakely Avenue remains non -compliant as of the date of this report, and authorization is sought to initiate foreclosure proceedings. Staff will continue to work with the property owner to bring the property into compliance throughout the foreclosure process. Properties brought into compliance and whose fines are settled before the completion of the process will be removed from foreclosure. 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 25 of 965 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 The cost of legal services related to this process is included in the budget. Costs to abate violations will be recovered through the lien process and sale of foreclosed properties. RECOMMENDED ACTION Staff requests a motion directing the City Attorney to proceed with the foreclosure process for 457 Blakely Avenue per Florida State Statute. Under the magistrate's order, the staff further requests permission to abate the noncompliant property during foreclosure. Attachments 1. Code Compliance Comparison Maps 2. 21-1553 455 Blakely Foreclosure 3. 21-1515 594 Benjamin Foreclosure 4. 21-1038 132 S Booker Foreclosure 5. 21-858 653 Sixth Foreclosure 6. 21-791 418 N Spring Foreclosure 7. 21-566 621 W Walnut Foreclosure 8. 21-477 650 Shortwell Foreclosure 9. 21-435 165 Washington Foreclosure 10. 21-434 145 Washington Foreclosure 11. 21-433 142 Washington Foreclosure 12. 21-322 525 Brackin Foreclosure 13. 21-257 868 Bay Foreclosure 14. 22-827, 828 221 S Booker Foreclosure 15. 22-346 311 Oakdale Foreclosure 16. 22-120 595 Benjamin Foreclosure 17. 457 Blakely Ave Page 26 of 965 Code Compliance Comparison Maps Page 27 of 965 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 29 of 965 Forclosures and Related Case Status Legend Foreclosure Related Properties, With Fines Related Properties, No Fines City Limits Not to Scale Prepared 3/20/23 REOSTW1EAV! Page 30 of 965 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 32 of 965 EXHIBIT 2 CASE # 21-1553 455 BLAKELY AVE TUESDAY, NOVEMBER 16, 2021 Page 33 of 965 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 PECRESSL CATIUdOFIAOlAT1ON 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, PRIMED NAME OFBUILDING OFR L F�� EXHIBIT '2 Page 34 of 965 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 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 Sot 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 6ofob+rider rrepaabkr it-reversbleinad'e,theSpedelMaIDab.tewanr l& may make .11 reasonable repairs mgared to Wog the papally foto compliance, and charg&vioMorwidtthetwanbkm.tofthetepfdaakinwUhthefasenmosed, -:M ffeetItypnavdyiaprosemait�aems Woes the Special Mag e,itAObeentitledtraoors-all costs incanted idptesecotisgthe carebdidothe Special Magistrate. andsudscommas,beiml ded tie lief ae9terized todrPS 16209(31 6-ktMeadMeYlwr EXHIBIT # Page 37 of 965 Case # 21-1553 455 Blakely t November 04. 2021 09:52AM 198 N Wilson St Crestview FL 32536 WY OF COMMUNITY CODE COMPLIANCE DIILRSIONVICES ��I' 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 38 of 965 '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 40 of 965 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 41 of 965 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 42 of 965 VS, Postal Sci Vice CERTIFIED? MAIL RECEIPT tDornPr.rr. Mall A^,;y Ni f 5tfrarn-r• COMr9 ±£ Pmvul[•di CFFVCIAL L1,S_E Fia rtsL.n &rcpt Fez. {End emma c dr rr PevJ'e#h Yaw Poky*, 1 fssw * 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- 54.eve,a 7 ei 54 -"it. & V a S 4A01'4- ,4 ; �� . FL 3 as"4 11191I1111111111.11321111111111111111111 9402 0303 2. Ankle Number Mansferfrom 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. Surd= 1ypo n HA start= 0 ALMA SOW= Reenialsd Dahmy sa CartekafMiat CI Malted Rte! Resbiaed Whey n Ceiba an Palmy o Oorect on Oeeway iismlcesd Dffitrory 7009 2250 0003 6504 1851 PS Form 5811; Juy 20i2O PSN Domeend Return REKMtpt a Melly Mal QReglatamS Mare tMmid Itasftbscl 0 &iambs* Cemlima on Red De Ivey EXHIBIT # ?� Page 43 ot g65 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. ?Wilt :�337oran Lawson ' k. ° Code Compliance Officer 850.306.3702/850.612.9714 cA,1IBIT # ' Page 44 of 965 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 45 of 965 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 46 of 965 o. W e W cc U ort c; irLL� o CL CC v (1) U 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 89129/21 RETURN TO SENDER NABLEt3 UNCLAIMED TORWARII N EO pOSI WI 7(2(121 X004.282 ZIP 3 36 041M11297338 r. � .;.ASa v/ `-26 --f2V $i UNC 8C: 32336343698 *2638-01109-20-37 3�6 IIIilIIIliIiiiaillllllilillllll'Iiul1i'1 if f 111111 !. Ilni Page 47 of 965 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 48 of 965 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 Rlen Page 49 of 965 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 # L Page 50 of 965 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 trarromitoosliorpoodi a o nimpiANIE ae.� m rmU r.r,.Qs1 a 1 � ji3 he1vY(S 3 a? 3 I a -n 0. to 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 51 of 965 • 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. copy of sal + notice ' is attached hereto. Affiant's Signet ure 11 f{ o 1 Date Before me, the undersigned authority personally appeared C.1 , 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) Form 54 ,' 's -d1021. MY COMMISSION EXPIRES: EXHIBIT # 2 - Appendix 9 Page 52 of 965 cr./. „zero' ear BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS b7175/2 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 moresstocom CPAOtAT10N 0C ` 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 • (w) 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..i, ed G. C) sj'r`z+CkeA 1 'CBS1t/t 1f1�t S« c oma-) s - /DEC 3 e e 1"/7 I PRINTED MAME O SULDINGCFRCIAL fitch(/ EXHIBIT Page 53 of 965 Case # 21-1.553 455 Blakely EXHIBIT # Page 55 of 965 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 57 of 965 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 58 of 965 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 59 of 965 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 60 of 965 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 61 of 965 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 62 of 965 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 63 of 965 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 64 of 965 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 65 of 965 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 66 of 965 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 67 of 965 21-1515 594 Benjamin January 18, 2022 Exhibit 3 Page 68 of 965 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 3g0) EXTERIOR SURFACE TREAT) err : (k) STRUCTURAL. SUPPORTS (m)STAIRS )ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS ii(lcd 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/w c 41117 'cote 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 PRINTEDMAMECT OFFICIAL cvrirnrr Page 69 of 965 594 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 • January 06. 2022 02:11 PM-: 594 Benjamin St Crestview FL 32536 Dove r owr_ 'row beeder bouldb,edsts•t tine .. Iomorsaa ..t n1S r.M.,, Oro win e. t Tebbe F1wr+.s ••GMY•A•A lessor, re lfi •rllna NOOK Meek Omer /YAAY YJSOm s Ci11w.A CIr4•M4111% er••Ana b babes bele a•n...bs rld.Yeae diet seells.e es ado s . psr.d etlrspeq bib.est11R .. rwfueaeet tape/ afso/sri+ U*.. Ce•d•ems sllN err.p.lte11M7de•.116Mere Pnee 20.3114 0 1.110//4/1. ObRM•R741se ■wntvawr a ar M 26..X 4 Tim WOO d�q' ee.s.• nroo1,F1=1.11. I<w.3..1.1 .4 L.. —1101. lw oloidies ss be toorotrbie or w wr' h OM.e. • see, ewe r sensed as.00Opo- rl.t.,les► m10'14 _' o -- .. rir•li•1•11eA.grebe 000d le.•ewied Yee g.nl/1e.pesl.rb alorMr/bawl O tnsprb6mbeaar. irenr. ..e•reeseSr 1!6.O1W.11e. 1e impe bKelleneee rd•I• n1Mr..Yillipm rt 1.h/iM• m.41I WAY iYiOw1110. t•, bogy. wYab.oiq Ivor .l1 rseeeee6M repair. elgrlr.d Ow loess elm ernepe er in• ersp6•••1. eat dors* 16e vintager •Mb ar s..ew•llesor otar women, .loge ••Yb Or f. tar.eaed. ■Pr..CMr poodle has•ewetlesr ae•nb•6r. A• ap.elal Kt %. It OIWibssassa, to 01/1 Isedeei toyrlawnlinp alreereb•beaY oped•e .dedbemee. W rab sesY esey b. an4rMed IR for Mb eolbedu+d MOW l7 142.A,p} •••1=4 mDeierl s l••le• the./ore...Oa re/e& er.1+ai w 11K ra rredM.F. Gk4en ee Cower W M sa,.wye, wt annaM And' .sr••Mw• a 4w..ssolme.ib• .u•A r ,d0•11 elm vir go.• ...Ids Napa ear/6rred irmemel p.w.rey emw br We mM EW ;`;;,January 18, 2022 10:15AM 594 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 #: 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 # ate 76 of 965 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 77 of 965 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 78 of 965 City of Crestvie w City Hall 198 North Wilson Stre et Crestvie w, FL 32536 a w U w CC a�� 2< a> U) 0Z. o 'w 0 P cc cn w E Ua YhL9 95111 0000 O6fiE fi'tOt !!.oeaoo..:e 6741 FL 325 LPN ! 1 L S4's 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 *2633-065158-02-35 Iliiil,llll'llll'll'lilillliln'I'l"" II'lll'lli'lllllplilli 3POST s►/WW2 U Pu TA.; -I 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- ge d� of 965 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 EXHIBIT 4 965 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 # 3 of 965 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 0.012/10/21 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 OF PUBLIC 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 EXHIBIL 65 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 DelSorah Lawson Code Compliance Officer 850.305.3702/850.612.9714 Farm SSA Arw+ah3 EXHIBIT # 3 Page 85 of 965 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 86 of 965 City of Crestv iew City Hall '198 No rth Wilson Stree Crestv iew, FL 32536 'ts'EL 95Th DODO 06+,E tI'O. 12/02/2021 021 PM 1L 7014 3490 0000 4156 7151 Priscilla Robbins PO Box 307 Mary Esther c' a rEFQ NIXIE NEOPOST ltRS1-CL ASS MAIL LA FL 325 ZIP 32536 041M11297338 0--\\2A $1-K % 322 DE 1 AS12/22/21 i RE TURN TO SENDER 1 f ANNE ATtYEED i UNABLE TO FOR WARD tmc _ SC: 3i53 63g3fi98 '� L �.' i ! K�� •• �s • Vglue " 4t0 /ICU444411si 141/ll. ii��l�.l� .�.�' r�iF O �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 88 of 965 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 ,O '(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 89 of 965 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 95 of 965 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 96 of 965 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 97 of 965 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 98 of 965 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 99 of 965 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 100 of 965 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 101 of 965 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 102 of 965 EXHIBIT 5 CASE # 21- 1038 132 S BOOKER ST TUESDAY, OCTOBER 19, 2021 Page 103 of 965 BUILDING OFFICIAL DETERw:NATIOn,' 6/7/2 I /3a s dviec 59. MONTH/ DAY /YEAR ADDRSSIACATCNOFMOIATEN %)5( y -L' Sh"-.c -t . f o$5 bfe 1 ;alto Sne) v45Ke. e I[C4-,n e4 J. MOUE OF VQATO4Bi CBSERM33 Se4 .j7 C. G.4 of .1..P /iof rzei,j,reci 1 rr ODe,r"e '7d k one /►I'° lie VPO!ff 1., 2112 ✓ 7�+�n.R► fAyii er ,2✓+c 1 ✓c4 -,an r1, y 6e cr2, ►&• CHAPTER 38-65 IMPROVED PROPERTY STANDARDS I FOUNDATION."°YJ° lkk i'J•or omtr "v.1- ler ►r intr. C Il WOOD SUPPORTS: 5t P TJ' le we O SKIRTING: 0 , EXTERIOR WALLS: f ektr' ; r lit r drool' lre.i j .-14 OI WINDOWS: Lti...d r�5 �S�ar�r� .r�, ve ! e� rrss r.. o... o SHUTTERS o EXTERIOR DOORS: O EXTERIOR DOOR FRAMES AND STOREFRONTS: jf.0 Lf "PP Gi EXTERIOR SURFACE TREATMENT; r1 .je1.' ►I: rtwf -4 /r • STIi Tum SUPPORTS: ffioSi k. four c4 1 tecrss fr•nk1 .4,4e 4 / gL t4- re: -r. O PAS AIM BALCOMEM D STAB O ROOFS: 44 i►. f , -hfrd r COv F LvklGs O GUTTERS AND DOWNSPOUTS: = CHIMNEYS, FLUES, AND VENT ATTACHMENTS: FX.r rgs r; s rrnt Afetis le It »! cite/ Q;ovERHANG _ 0 vet X. r Aof .4e4 f; n d rah c_tf .raid O INSECT SCREENS: -- - a ACCESSORY STRUCTURES: /1. * r,a'1% 411:fit' J �ti J +c 4 ra•1 Ile/t o SWIMMING POOL& j , ROI IT HARBORAGE: /9/1 sk 4 k� '' r ierkr fi r+ I '►/ Lr<y `C )6 -EXTERIOR LIGHTING: tines t C C i c E l 4I1 qua•^d s O FENCES AND WALLS: PRINTED NAME OFB EXHIBIT # 5 Page 104 of 965 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 108 of 965 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 113 of 965 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 114 of 965 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 115 of 965 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 116 of 965 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 117 of 965 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 118 of 965 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 119 of 965 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 120 of 965 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 121 of 965 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 122 of 965 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 123 of 965 ++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 124 of 965 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 ii1TE1namiinm121110 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 125 of 965 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=702o12900oo156820058 Page 126 J965 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 683-0898 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 127 of 965 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 128 of 965 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 129 of 965 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: 3SCRIPTION: UNSIGHTLY CONDITIONS DATE: 5/18/21 LOCATION: EXHIBIT # 5 ORDINANCE DESCRIPTION : CONTINUED Page 130 of 965 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 131 of 965 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 132 of 965 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 133 of 965 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 134 of 965 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 135 of 965 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 136 of 965 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 137 of 965 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 138 of 965 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 139 of 965 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 140 ot1g65 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 141 of 965 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 142 of 965 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 143 of 965 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 144 of 965 Complete Items 1, 2, end 9. Print your name and. address on the nwerae so that we can return the card to you Attach this card to the tack of the mailpieoe, or on the front if space pemits. Mote Addressed to: woolap U2EsroEtNf Cti 3?fi31 611•1111IflIIIIIIUIiNi I I� 9590 9402 6373 0303 1228 60 2. Article Number atansferfmm service Sabel) COMPLETC. THIS SECTION.' ON DELIVERY � �'X 1Amur* s.leatived (Mated D. Isdelfts? acidities agent from Pan 1? 0 Ms EYES, ender delivery addroee below: p No Aperd o Adaraeeas C. Date dub" b" 3. Samba lylpe CI Adult Spume 1.0010 CannedAlenneeNoledDewy O Collect anDelivery 9 Congdon DeweryRestricted Deaver/ 7011 3500 0000 9133 0476 IMOReebbledDalewy P3 Fonn 3811, July 2020 MN 7530-02-0 00-9053 0 Moray MalBDrespe Manama ConThinatIonnt Signature Resblolgd DNMry Domed° Return Haoeipt EXHIBIT # Page 145 of 965 1014/21, 12:57 PM USPS.com®- USPS Traddng® Results USPS Tracking® Track Another Package + Tracking Number: 70113500000091330476 FACts 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 146 tti 965 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- ►'ldrrt4 /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 147 of 965 Case# 21-1038 132 S Booker EXHIBIT # 51A' Page 148 of 965 132 S Booker Case# 21-1038 , EXHIBIT # St Page 149 of 965 Case# 21-1038 132 S Booker .11 6t wr / . - '� ..�i i Y:.it f i l EXHIBIT # 55A- Page 150 of 965 Case# 21-1038 132 S Booker EXHIBIT # 5 t^i' Page 153 of 965 Case# 21-1038 132 S Booker EXHIBIT # MA Page 154 of 965 Case# 21-1038 132 S Booker EXHIBIT #' Page 155 of 965 Page 156 of 965 132 S Booker Case# 21-1038 orMEN.W, MR4. 4 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 157 of 965 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 158 of 965 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 159 of 965 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 160 of 965 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 161 of 965 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 162 of 965 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 163 of 965 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 164 of 965 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: $39,192 Related Properties: No related properties found in Okaloosa County. Page 165 of 965 CASE # 21-858 653 SIXTH AVENUE TUESDAY, SEPTEMBER 21, 2021 EXHIBIT 7 Page 166 of 965 &4A,421 BUILDING OFFICIAL STRUCTURAL DETERMINATION eqj— 858 653 SIXTH AVE %% �� J c C 1 ACORESSLOCATIONOF AO ATEN c:'4$- - S -c T SJ trCI fnlri�oivW d , S:o��. reps. rte. .�Jt `Jstb NATURE OF VIOLATIONS) 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: 41 Am:6 ' $r O17/ ri;d49 1..�.4S , / fie 4-., : S fri fr. 54.5 r l in_ fE7 c1 6- door v e c refit Awe r +- 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 ,' f r� 1� / GVA - . • .. OFFICLet PRIMED NAME OF BUILDING OFFICIAL DATE EXHIBIT # Page 167 of 965 Crestview, Florida, United States 653 6th Ave E, Crestview, FL 32536, USA 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 172 of 965 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 : EXHIBIT # -4- Page 173 of 965 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 174 of 965 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. EX1-1i81T #,-- Page 175 of 965 • 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 176 of 965 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 177 of 965 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 178 of 965 —. 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 179 of 965 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. EXHIBr Page 180 of 965 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 flddrosaed tO 6'clAre mogi&i Gt LLe. Moo JtR6IWN4 to . � � Ti l' W i1 i4 0 1 74 �_ / ..,..__ ., Mont *on Item 1 YE3, enter delivery address below: D No 9er+daa type 0 Pdoegr _ 13 Adel Sipe Delivery O l esld 1AM ReOttuted 0 earned Meil fleeeloterlDear' 0 Moganom". inn Deliver n L',"1"-, - oei --Delivery ' 0 Swan Restricted Deem 2.. prHCta.thuelac /> '-ft'n.e+++ieia �+aeio, 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 181 of 965 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 182 of 965 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 183 of 965 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 184 of 965 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 IT YES, ender ddIVRY address below. 0 No 0 2. Able Number firfrom arks Ieb&) 7018 3090 0001 4430 1751 3. envies vivo pma nrilisv / dear ausble ee Vatiwy D CarlaelM1IFaialatea Wow 0 Madan D Cl Wed en tatary F'oehiaNd Diatom lad Rasataed Deewry Ps Form 3811, ,July 2020 F rte2-00040M o Mai bow) Ilisisismi ■a'_ 0 1=sil riw HeesFdrd D Opium Canainilloava Fiestasted Dolma EXHIBIT # Domes Miten Rea* Page 185 of 965 11143 BUILDING OFFICIAL STRUCTURAL DETERMINATION 653 SIXTH AVE DATE ADDRe3SLCCAMCNOFIACIAMON r= NA //54 -cc. AIi T S5�'rt �nir/�onwS �a.r1� :sago . cc -0,W ('t C .) i c �"' R e ci twee.,. -cam l l+`e, .1"' .;r ztisi•eer L"v4.14t tln IBC ORFECTNEPCDONPREQUIRED 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 (I) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS )0 0) PORCHES AND BALCONIES A(m) STAIRS (n) ROOFS (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS,�� EXTENSIONS FLUES, �AND VENT ATTACHMENTS w ° •7! OVERHANG ERHANG EXENSONS 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 act, '4. 574.117, r 7 c-1,10, No 54.PS 'r ( 1� C: door llrrj o� r d pechlnr hiv-C f'D1" ukel. t ✓ �f j + � �7t� love !tl Jx roof rtAtrJ / t„fr i S ID. a j.�, j 1F � C � tE a+ir-tg eX i-e -;8•- t. �� 1��:.. �:� lI- of ,-�.. �. 741% -el, 4.0/ n PRe1rsDN►MECF:° ! OFFCAL DATE Page 186 of 965 • r4. • 4i iviisisro- 653 SIXTH EXHIBIT 7A Page 188 of 965 653 SIXTH EXHIBIT 7A Page 189 of 965 653 SIXTH EXHIBIT 7A Page 190 of 965 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 191 of 965 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 192 of 965 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 193 of 965 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 194 of 965 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 195 of 965 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 196 of 965 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 197 of 965 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 198 of 965 CASE 21-791 418 N SPRING STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 2 Page 199 of 965 418 SPRING ST N 404 SPRING ST N EXHIBIT # .� Page 200 of 965 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 EXH18, i 2 - Page 203 of 965 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 204 of 965 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 205 of 965 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 206 of 965 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 207 of 965 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 208 of 965 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 209 of 965 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 210 of 965 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 211 of 965 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 212 of 965 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 213 of 965 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 214 of 965 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 215 of 965 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 216 of 965 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 taarrad OAduaeNnaine rieasf 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 etenemeneetected Velum 0Corned Men =WIItvettettid ,. Coulee WImablctedRevive °ater.raraceda„,rion CoNectonCaberyy 0Omen Ceremen►an Collect en Delivery Restdded Odor, Finiecied Calvary bisue. A Roweled Dewing Dtvreetle Return Recoil% EXHIBIT # 2 - Page 217 of 965 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 # Page 218 of 965 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 219 of 965 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 220 of 965 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 221 of 965 s k U.S. IPostal CERTIFIED IV�A%'L� RECEIPT CEDE aAT:%eFzx Ma" Only i•ai delivery Itit0lrtiStkon. Jrstt nor 'yens+1C at '•,. t it WI, rid time ru OI, twin Meet leercuncid, :, psotte°elven! 3 ----_ 9,0140,6 0 u, 'Auk signature Rictutlee . a� °1 N iN�YI —_ O r - Complete Items 1, 2, and 3. Print your name and reverse so that we can return the card onto 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 nService Type signature Natty Ha aims® 9590 9402 5522 9249 99$7 85 ❑UR d M�� > d ❑ �l5tami M I r red Q Cae fkorCed Reeticbsi Delivery k!et flgregpllar 2. Article Humber �11snsfer from Banda, Jsba _ —PS Form 3811, .fury2015 PSH,53o.02-0 -- Domestic Return Receipt EXHIBIT # Z _ Page 222 of 965 anDslfaerReetitted y p � Go 7021 y29p dopy 2346 7194 r Reetested VeRwry Reebtotect 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 223 of 965 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 224 of 965 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 225 of 965 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 226 of 965 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 227 of 965 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 228 of 965 CASE 21-792 404 N SPRING STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 3 Page 229 of 965 i 418 SPRING STN I L404 SPRING ST N 1 EXHIBIT # v Page 230 of 965 CASE # 21-792 404 SPRING ST N MAY 20, 2021 EXHIBIT 3 Page 232 of 965 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 • Page 233 of 965 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 234 of 965 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 235 of 965 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 236 of 965 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 11111111111111111111111 el Agent i7 Addree nted ) • C Date of Dell► . 18 c +eryaddress differentfrom item l? Ci Yes tf YES, enter delivery address below: Q No Service Type eat 9590 9402 5522 9249 9959 31 0 Ceram Aduft Signature noted Delivery 0 Certified Mali Restricted Delivery Collect 2. Article Number (palmier from service p Collect oon nY Delivery Rotated Defivery ,..01neurecl. Mall 7020 1290 0001 5682 1277 r R ► P5 Form 3B "ri, July 2015 PSN 7534-02-000-9053 Domestic Return Recr Page j7 of 965 ress 0 Registered Ma r ile tered Mai Rest _ReturnReceipt%r merchandise 0 Signature Confine* 0 Signature Confine* Reset:tad Delivery rvr fin, 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 238 of 965 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 5 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 240 of 965 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 241 of 965 ru CU w o0 Lrf O Q CI ru CI t~ U.S. Postai Service CERTIFIED MAIL RECEIPT DOmesbc r.tc^+ 1 ^n7; For dc'I r • tor• -rho' - •isit. . .•+ebs •• .v:viti sr rn need M.IW.e tra i+ucae &FeesLCCI aac.d t R.aart$14000ry $ an..mR..,,ptt r...aiq $ DO.lu.d WI Flestictod Dellowy $ pmt agrr,.. �r.d $ - © Mut earw n.nAus.m DMwey $ o 54 lika~ end 17 sc. .t- At s ___A. ..Poslm it Here 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 Pr:MIts. 1. Article Addressed to: 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 $ 6$2 2120 Domestic RettrmReceipt ;s7,, D Agent ❑ Addressee C. Delivery Date of Delive j b.,=�deliveryaddiessdl(emo!ton Rem 1? ID Yes if YES, ES, enter delivery adds below: p No 8. Smite 7yps uttSignet re d Certified Mell:D 0 Certified Mel Stranded Delivery n Weston Velvety 0 Cabot O hawed n Delivery O Mewed MellaselffetedCalvery lever $5D01 0 Registered Man O=red Mail Rest lctedl n undies tior SIgnatutsCcollrmedlonTs 0 Signature Confirmation tamed Delivery EXHIBIT # ✓ Page 242 of 965 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 243 of 965 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 244 of 965 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 245 of 965 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 246 of 965 SENDER: COMPLETE THIS SECTION U.S. Postal Service RECEIPT CERTIFIED MAIL Dornespc ia7" OflIv * Complete Herne 1.2, and 3. " Pant your name and address on the reveres so that we can ran the card to you. Attach this card to the back of the n>ailpiece, .or on the front If space permits, •-17---Amide Addis -media itgq- 5 WiLicom 574 C, TJi j �-�C 5.2538 .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 H1IIIII I IllTh1I1I .1°Atasertal'ilintPsesurthidedcwimY 9590 9402 6373 13 is Certified Ma Resirlded 2. Ardge timber {r►arr r Mary Caw/ 7020 1290 0001 5682 2335r : PS Fonn 3811, July 2020 PSN 7530.02-000-9053 QMadly kW Souse ye Res1rkted elanaline a conf er Reeofined Davey Domeano Return Reoe►pt Page 247 of 965 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 248 of 965 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 249 of 965 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 250 of 965 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 251 of 965 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 252 of 965 CASE 21-566 621 W WALNUT EXHIBIT 4 TUESDAY, JULY 20, 2021 Page 253 of 965 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 255 of 965 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 256 of 965 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 257 of 965 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 258 of 965 996 3O 69 a6ed 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 260 of 965 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 # k Page 261 of 965 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 262 of 965 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 $000.96° 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 263 of 965 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 264 of 965 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 # _A -- Page 265 of 965 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 EXHIBIT # 4 Page 266 of 965 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 267 of 965 996 3O 89Z a6ed 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 269 of 965 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 270 of 965 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 271 of 965 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 272 of 965 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 273 of 965 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 274 of 965 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 275 of 965 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 276 of 965 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 277 of 965 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 278 of 965 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 279 of 965 EXHIBIT 7 CASE # 21-477 650 SHORTWELL TUESDAY, OCTOBER 19, 2021 Page 280 of 965 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 281 of 965 CO N CD (- -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 C)ctobcr 07, 2021 11 :47AM 650 Shortwell Ave Crestview FL 32539 United States October 07, 2021 11 :47AM 6!_30 Shortwctl Ave Crestview FL 32539 Uriitcd States 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 H4 nu, sticlfil.Dt., 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 tad 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 dbtybratemem* the bad paws* limb, obleb stay bib all esaasadi/ rep** means' is est* me p umesr toe eempiir s, dm* vlabiar bib the tsraabbaostafMr heaLorsrNrberseblouse Mb, City priethto propeormaowbdeesbe *seed MaffseW.hshall lobbied rma.srer esW Wain[ ispeeesoeNsereNee eel* she *said Mralmssere wok AMP Mar er 11r the blab sedaslotdveils tai MAX* . ensur.enwr• EXHIBIT # Page 287 of 965 . ' : 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 289 of 965 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 290 of 965 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 291 of 965 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 292 of 965 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 293 of 965 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 294 of 965 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 295 of 965 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 r 212n21 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 296 of 965 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 297 of 965 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 298 of 965 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 299 of 965 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 300 of 965 • 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 301 of 965 • 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 302 of 965 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 303 of 965 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 0311/021 US POSTAGE kAgsW AVIL ' RST1X ASS MAt1. $006.96° ZIP 32536 041M11297338 HIXiE 322 FE 1 0608/14/21 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 32536343698 *8239 e1963 -14-Z7 }lllPuli1 llllil0ii11i111Illilyd411111I1'i'I1 01.1ll,i:j1 U.S. Postal Service CERTIFIED MAIL' RECEIPT 7�rrr of r. r.f:!'t 4. iti 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 ❑ O* e$prM. Ar.uaw pawl • '4.14041.411 - EXHIBIT # Page 304 of 965 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:69/13/2021 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 305 of 965 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 306 of 965 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 307 of 965 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 308 of 965 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. I' - , r -) atitly, n ter , �. 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 309 of 965 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 310 of 965 tt kM w ►-4 996 3O E l•E a6ed IIa otiS 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 315 of 965 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 316 of 965 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 317 of 965 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 318 of 965 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 319 of 965 EXHIBIT 6 CASE # 21-435 165 WASHINGTON TUESDAY, OCTOBER 19, 2021 Page 320 of 965 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 321 of 965 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 325 of 965 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 326 of 965 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 327 of 965 U S. Post il SPrrcC - 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 & Received by Nemej C DNNery D. 13 Yee If YES deb eddrees different from itttm t? ri No Seivicelype Ad. Signature ult Signature R :bbled Deem Cottled !MO Mktg 0 Ott sot on Delivery E3 Coned on DeImrYReeelcted DelMiy d booed Moll Reet_oled Delivery ° Priority Moll =redMori fl Registered Riettotedi f Merotenclise Co r+neuoni" ° Signature Oonilmodion ricobieted Deem Dattestic Return Rom EXHIBIT # �J! Page 328 of 965 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 329 of 965 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 330 of 965 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 331 of 965 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 332 of 965 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 333 of'965 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 334 of 965 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 335 of 965 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 336 of 965 L! S. Posial Ser.nr:(i - CERTIFIED (WAN: RECEIPT AC:F L 1g7.211 uwMMllYlli4r6dMB.0+w G DwafModuvtiaiwc �__....._ na 02)4155- 0 ru x.-5 rviitx) ` fir 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 337 of 965 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 338 oP65 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 339 of 965 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 340 of 965 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 341 of 965 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 342 of 965 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 343 6112965 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 .� . ADDRESEAC ATENCFVIOLATION 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 .541-1-4.4"14 G/Iad r"f"7If'r'l rC it et h O LJ a stair co � d r c'gt f E - LvetSVIP teterloCber 444 A h., WTURC C FOX.D1W OFFOAL PRINTED NAME CF BLI E C3 OFFICAL EXHIBIT # (Q 5101°/2' DATE Page 344 of 965 CASE # 21-435 165 WASHINGTON EXHIBIT # ti4 Page 347 of 965 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 348 of 965 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 349 of 965 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 350 of 965 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 351 of 965 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 352 of 965 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 353 of 965 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 354 of 965 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 355 of 965 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 356 of 965 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 357 of 965 EXHIBIT 4 CASE # 21-434 145 WASHINGTON TUESDAY, OCTOBER 19, 2021 Page 358 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION S �f 145 WASHINGTON c- . PODREE TICNOFIAOL ON dedl e. 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/ (A- q r . /rei, / 1-.:,, 1,4rr`. i k,.t); A. C I'J T- d 7' rJi, / b+►sc cv teJ (Ad no s % 0 • 1N a ' fit' / ,b✓f WeI.PO+✓ (w/I g. v •o f M , dsiot PRINTED NAME OF EXHIBIT # - DATE Page 359 of 965 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 362 of 965 October 07. 2021 10:27AM 145 Washington St Crestview FL 32536 Fa '• . • 1Yt'..-wh r . % • i•4 r 3y‘11a; ti ir. :y.4. jN 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 365 of 965 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 366 of 965 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 367 of 965 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 368 of 965 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 369 of 965 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 370 of 965 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 371 of 965 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 372 of 965 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 373 of 965 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. ..,jug...444.4romommodienr, ; in DMrea.n....war.a s, D HwiMcIO C Gs 1 . p : who 1-4 U.S. Postal Service - CERTIFIED MAIL' RECEIPT Domestic Malt Only f•r Aetive,y ,niorrnation visit ow %i ' pte us.... 3,Go OrnwR 1.0 USPS : Heft 2 8 2021 co ce SD 0 ass /\ FXHI6IT #,� 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 374 of gig 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 BLK 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 375 of 965 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 376 of 965 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 377 of 965 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 378 of 965 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 379 of 965 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 380 of 965 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 381 of 965 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 382 of 965 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 383 of 965 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 384 of 965 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 385 of 965 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 386 of 965 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 387 of 965 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 388 of 965 ,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 v v .. Oft el. ._ • nrnnfMnf4 o/ nr. Page 389 of 94?r5 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 390 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION s%zs�ar 145 WASHINGTON DATE D v�c NATI I r cli ICORISSLOCATEMPACIAlni cfb ....d s�,. L4.."►m . ues 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, /'✓ tt7 - _. old c/►C T j * * .. .`r-eS, ciir, I by cd �,.��do�✓� t✓t it �it•I cc, eel S•,d •4 SgriligirOFFItYL /aId PRINTED NAM OF EXHIBIT # it -Pr 51,5/0 C ATE Page 391 of 965 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 393 of 965 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 394 of 965 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 395 of 965 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 396 of 965 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 397 of 965 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 398 of 965 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 399 of 965 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 400 of 965 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 401 of 965 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 402 of 965 CASE 21-433 142 WASHINGTON STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 1 Page 403 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4102 142 WASHINGTON DAB 1441Wesozivio6etei - q3,3 ADDRESSLCCA11C110FIACIA1134 f 4re't L14_514 .51y-x,c -C rreck -r --�rawz / ,eel reee'r;.„ L411 rrt •. 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 (p PORCHES AND BALCOMES O (m) STAIRS ,(M 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 -P . r / t ��t.. rt }..: r of i 1 C� Tc -/ 7i3 re/'d 44`r. � 6 i SIGNAdlge ie..6 id 44". PRINTED PPM OF EUDIO . IBlr # Page 404 of 965 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 410 of 965 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 411 of 965 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 EXI-11131 i �F� Page 412 of 965 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 413 of 965 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 414 of 965 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 415 of 965 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 416 of 965 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 417 of 965 U.S. Postal Service '` RECEIPT CERTIFIED M �c R4atl Onty .w,,,.,sn, coy Domestic `.jebs%SC i��t Orrt�aUN ;�git os�• cr. ,. 9c cc _ r r 0 0 is ru ru da in -n MsH D°"°u a µ td°` `eowtm t 1.73, t ovum mow oseirokk -- C3t - �� �� �:-rte a complete Items 1, 2, and a ■ mint your 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: uSps 17°- Poems .._-.41AY 28 2021 i33 1' 19- tviLetrom SrR C s t1rec0 f- 32rC 111 IIIllh11t1hffhJI11It HIIIIIIJIJJ 9590 9402 5522 9249 9957 95 1 c to of Delivery 20 D. is delivery, address dYfeterrt from Rem 1? 0 Yes if YES. enter delivery address below: D No FAcidel/be 0110 o itlatit"e Owned Mete kdtSpret mReetdntedDeiWaty o pteeerodMall Resltkted oCeWlsd Moll Restrictednelysy 0Fickler* fieae4Btor oCoded on Ulm, Merchandise 2..Alt* Ntrber Monster from service /ate o Cosadon [Wm Detrsy oo Signature Confirmation ^7020 1290 0001 5662 2090 ' .M.rR.ai►ta�admaw ReabfetadaeAvery PS Fotm 3811, duly 2015 NSN 7530.-02-4 -4;.14 Domestic Return Receipt EXHIBIT # Page 418 of 965 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 419 of 965 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 420 of 965 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 #` 1 Page 421 of 965 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 EXHIBIT Page 422 of 965 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 423 of 965 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 424 of 965 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 425 of 965 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 426 of 965 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• websrte.: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 427 of 965 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. EXHIBIT #_ Encl: Notice of Violation Page 428 of 965 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 429 of 965 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 430 of 965 (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 431 of 965 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 432 of 965 U.S. Postai TIFIE� MAIL RECEIPT CFRTIFI G.., (�a"7ry�il� Prr�'P °r+r1d ' r .�� to *I tv:vw-+lpS" uilpTtYlhti0�' 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 433 of 965 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 434 of 965 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 435 of 965 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. 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 436 of 965 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 437 of 965 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 438 of 965 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 439 of 965 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 440 of 965 CASE # 21-322 525 BRACKIN STREET TUESDAY, SEPTEMBER 21, 2021 EXHIBIT 2 Page 441 of 965 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 oni 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 442 of 965 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 444 of 965 21-322 EXHIBIT 2 SEPTEMBER 21,2021 Page 445 of 965 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 EXHIBll . Page 446 of 965 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 : EXHIBIT' !r Page 447 of 965 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 448 of 965 City of Crestview Community Development Services P. 0. Box 1209 - Crestview, Florida 32536 NJ Si Li 996 3O 61717 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 450 of 965 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 451 of 965 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 452 of 965 CERTIFIED MAIL •Zity of Crestview Community Development Sery P. 0. Box 1209 Crestview, Florida 32536 996 O £917 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 454 of 965 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 455 of 965 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. EXHIBIT # 1.0"" Page456 of 965 City of Crestview Community Development Set P. O. Box 1209 ,A Crestview, Florida 32536 eitt: 996 3O L917 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 458 of 965 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, FLUES, 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 459 of 965 EXHIBIT 2A 525 BRACKIN Page 462 of 965 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 463 of 965 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 464 of 965 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 465 of 965 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 466 of 965 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 467 of 965 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 468 of 965 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 469 of 965 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 470 of 965 21-257 868 BAY STREET EXHIBIT 4 Page 471 of 965 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 472 of 965 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 473 of 965 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 474 of 965 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 475 of 965 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 476 of 965 Complete her a 1, 2, and 3. Print yourname aid althea au the reverse so that we can return the card to you. ihls 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. R4-TPLE +,G 3104 II1I11I1lE1I1I1IIllh1ifai!eeoai'e D Addressee of Delivery D. IsdeNwry adages different from bem1? tf YES, enter delivery address below: p No 3. Service 7yrpe D per, MS lbseti;s19 oReglisredMMira Adult � Restricted oeed b � . FrfPAed WI Restricted Del G Return Recey for o kbeeot o° D Alerdrendap. Q t:opeot on DeWery Restricted Delivery t7 Bi�tlesQ�aNhrrudlpn+/' 2.. Miele Number( Iraneferfromservfae e4 OInsured Mee Osipn�,.tee C,bnrtrmeaon 7019 2970 0000 9142 1124weeeedtrt.lrReetrroeedomen, .R.wtteandwe,y PS Form 3811, Jury -2015 PSN75 02-uuu-uuos Domestic Return Recelpt0 1, Page 477 of 965 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: Nodoe ofViolation Page 478 of 965 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 479 of 965 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. S 996 3O 0817 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.SFTSW 210 Fr 4Wi27Sf'4'.NE',Y«f I"TOPOD i0.1044bQ `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 t.e, ashamed aoda FS 161.09(31 J "d � � r�' *14 :55 AM reet North Crestview 0' . oosa County Florida EXHIBIT 4 Page 485 of 965 . , 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 35499 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 487 of 965 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 488 of 965 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 489 of 965 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 490 of 965 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 491 of 965 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 492 of 965 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 493 of 965 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 494 of 965 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 495 of 965 22-827 221 S Booker July 19, 2022 Exhibit 5 Page 496 of 965 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 J / fi t . vi+/ Cf +r /;ret- Cr omit. n1 f‘' A. '4,41 41.- SGrw OFeLLDWao 1 PRINT®KWEOFBUILDING OFFICIAL Nandi Rag= EXHIBIT #, DATE 4/26/2022 Page 497 of 965 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 - •• �'` *'R ��, 3 Case # 22-827 le102110240,1•103SL/CFSBAStrtne 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 510 of 965 221 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 516 of 965 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 517 of 965 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 . C V U CHT 4 Vol Page 518 of 965 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 519 of 965 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 520 of 965 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 521 of 965 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 522 of 965 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 523 of 965 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 524 of 965 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 525 of 965 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 526 of 965 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 527 of 965 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 528 of 965 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 529 of 965 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 530 of 965 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 531 of 965 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 532 of 965 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 533 of 965 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 534 of 965 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� See Less /\ -n co 0 m EXHIBIT# Page 535 of 965 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 536 of 965 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 537 of 965 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 538 of 965 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 539 of 965 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 540 of 965 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 541 of 965 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 542 of 965 Case # 22-827 221 S Booker St v. -cry v V • trti+ .. Page 543 of 965 Case # 22-827 221 S Booker St ntn TTT tT Page 546 of 965 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 547 of 965 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 548 of 965 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 549 of 965 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 550 of 965 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 551 of 965 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 552 of 965 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 553 of 965 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 554 of 965 22-828 221 S Booker WWP July 19, 2022 Exhibit 6 Page 555 of 965 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 S1GN u» E CF BUILDING OFFICIAL PRICED NAME OF BUILDINGOFRCIAL. RaeidRayban DATE Page 556 of 965 II]!av 09, 2022 ❑9:35AM. 221 S Booker St r ''"":: Crestview FL 325;3[ - J• 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 • Crestview FL 32536 July 97, 2922 09:28AM 221 S Booker St 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 572 of 965 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. I n Page 573 of 965 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 See Less /\ EXHIBIT # v 11. Page 574 of 965 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 575 of 965 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 576 of 965 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 roc octal P,.tstae Ertl 3 * NZ v See Less ^ 11 cp c LVUIDIT Ja l n Page 577 of 965 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 578 of 965 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 579 of 965 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 580 of 965 7020 1290 0001 a ru ,A ; ru ,.grtrf pc, all F.. 3,1-6 s+ .+lii 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 581 of 965 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 582 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION 4/25/22 DATE 221 S Booker St /4IC(Jf6r7 MATURE OFVIOLAT/OKSJOBSERVID ,.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_ f,�i1W.w� �irwr too Page 583 of 965 Case # 22-828 221 S Booker St 6A Page 584 of 965 Case # 22-828 221 S Booker St F.XHIRTT # Page 587 of 965 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 588 of 965 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 589 of 965 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 590 of 965 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 591 of 965 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 592 of 965 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 593 of 965 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 594 of 965 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 595 of 965 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 596 of 965 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: Ji4 u 42:9-41 2, ,5,, 4,- MAILING ADDRESS: 'IF 7 s: LA); )si t" S/1 PHONE: 8O ' 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 597 of 965 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 598 of 965 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�- 5'1 b . My commission expires 9- 2L1 (Notary's Seal) CDBG Nuisance Abatement Program Application Page 5of5 Page 599 of 965 Tuesday, June 21, 2022 Case # 22-346 Exhibit 1 Page 600 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION 22-346 301 W Oakdale DATE (AS5- . 547- e CFVOLATERE)CESERIED ACCRESSLOCATIONOF'w11CN Ir'1Perfd GiliAc,41y reF S f r rc P 5154 -1 ref) cer-e.ci- 1,_{�if...,;�' 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 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 '1 ) OVERHANG EXTENSIONS 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 t3f ack L C `i 4 sti r��J 474, id le used 4.,,;f� cl • JQ P 57Pk" . or 57 LA, a /l c, qnd cYe5t.)K ,.1 itic,•Ce SIG1k1 ITIII (]F BUI.DM OFFICIAL J/} QYLC. u ri. - h PRICED NAVE OF FlUgDIO OFFICIAL EXHIBIT # _ 1/(912 DATE Page 601 of 965 ,:January 05. 2022 02:13PM 311 W Oakdale Ave Crestview FL 32536 April 26 2022 12:53PM 311 W Oakdale Ave • g Crestview FL 32536 r'#• ' June 09. 2022 09:20AM 311 W O kdale Ave Crestview FL 32536 nmr rusF••a o....►. 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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 605 of 965 311 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 607 of 965 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 608 of 965 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 609 of 965 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 610 of 965 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 611 of 965 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 612 of 965 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 613 of 965 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 614 of 965 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 615 of 965 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 616 of 965 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 617 of 965 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 618 of 965 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 619 of 965 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 or delivery information visit our west, et www.usps.com ti FF!t..s poMp. I $ C.ie lied r.. D Return Roorlpt Poe Reettebed Pee fEndorsementfiscpAreci lbera.M.O.xPoor EF..i Ma: • Hoe ee Less /• EXHIBIT # Can't find what you're looking for? T a 0 Page 620 of 965 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OFPUBLIC HEARIIVG 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 621 of 965 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 622 of 965 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 623 of 965 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 rU fti F- m rn Palma _ Cadged Po. U.S. Postal Service CERTIFIED MAIL RECEIPT i0omestic Mad Only, No insurance Coverage ProvThed. F^•r dr..11vPn, information •a/,,4t au, we.nvifr at WW, uspS Haag Fie - o Watilod Dattccry Fee (FrI4wrisAien: gated) ei O • • Po..o. & Pees m witiaiqSS See Less " XHIBIT # 1 Can't find what you're looking for? Page 624 of 965 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 625 of 965 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 626 of 965 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 628 of 965 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 629 of 965 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 630 of 965 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 631 of 965 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 632 of 965 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 633 of 965 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 634 of 965 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 635 of 965 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 636 of 965 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 637 of 965 22-120 595 Benjamin January 18, 2022 Exhibit 2 Page 638 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION / /g72,1 ,575 21-1515- 598'Benja min 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 639 of 965 595 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*WasonStreet N th 3a536 (0) 61, 46 WITCH OF 'MX HEARING DAM November 16, 2021 i,00eeotd Ad0)xae 320 Poe Mary Crestview, PL 32539-as*6 RE: CASE. 12-L20 Derr Ptpp sey Obeer beesidlroa>abN* fxic+t4frd dire eM s....ry ffvissler SsZt►r ,,,,,, ■tic hiumbun u" Irwin toad cawafghismirliathorr omtlms to caw am a Frog you toa ird et g35 Ertdordu Fa, Crarrl.w. FT. 3 ne, rempotash raw xo-sN.23-0ooa m 201-7s 7s zasD� SEC SW or ! °r)j' N l'w.3p iot bisiograte Yr sprtset Wry Ors sr so ctso f m brs " t tad ep b tt36uparbfoe.eepat ritlition. Seee+dRiie ltt gam% a [for, rat ee Meld SUM pr q ripfatlo anew vatiie a< itrkhoire,weir e elution ma orbs „nemai�1°enPetic NMI •-<m•sre, otitglerbaL gee ►r -!'i' R thr tp y 4 oe9rfi the 5ccat'eertiq body, „bbi. ,nmythrito al -_iL repot,' rargpa to foeMts > ,..,•-lbmpey aid amp die adrrwli dis 01=14311bk etKrlftrrngribeaktlichrielp 064 ma/doprty lnm wthotity this rarleleaeeet�I ew b�+ �erWi Millkor%�f ~�ul ea m":""r the not a hodne 8lt C3� 9 ���� �k rM erl� be iod A, amettfkdropratamCeirtepO1bita6rnerathneias, routtoos be m Orerly Pair 1Ra sd fri s. art r+aAs r4a awel crer r a bat 'mod i, it mitts selgota4olrfsstaryurer/ai tie* aadbye Vyawidthati. eta rrarYgrour Ftcgouttlincltrik, EXHIBIT # Page 648 of 965 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 651 of 965 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 652 of 965 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 653 of 965 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 654 of 965 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 655 of 965 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 656 of 965 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 657 of 965 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 658 of 965 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 u 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 659 of 965 ( 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. for �+ I Code .ompliance EXHIBIT # Page 660 of 965 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 661 of 965 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 662 of 965 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 663 of 965 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 664 of 965 • 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 665 of 965 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 666 of 965 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 667 of 965 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 668 of 965 Page 669 of 965 CERTIFIED M AIL F- a. w U w cc U Q >5 coo mowin EL of 0.cc2 cn W E C.) Li City- of Crestview City Hall 198 North Wilson Street Crestvie w, FL 32536 1 IJoh '[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 6612f26l'2i RE TURN TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 32536343698 *2638-6 1952-13'-43 101111111111/11/"11//1"1/1"1/1111"1111111+1116M111 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 670 of 965 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 671 of 965 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 # _2, Page 672 of 965 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 673 of 965 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 674 of 965 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 675 of 965 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 t ia. C.A1 sd F.. Aesbieled Delivery Fie Rolm Rioculpt fa* 5$ lbhfl Pcs*.p Fie. $ it. 33 4 4,3 cl - v s,• N/ 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/golrrac1cConfirtnActlon7tRef=fullpage&t . 2&text28777=&tLabe1s=70143490000041567168%2C&tABt=false 112 Page 676 of 965 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 677 of 965 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 678 of 965 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 683 of 965 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 684 of 965 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 685 of 965 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 686 of 965 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 687 of 965 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 688 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38.65 IMPROVED PROPERTY STANDARDS .5Z2512 DATE 457 BLAKELY O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS %T) WINDOWS O (g) SHUTTERS ,k(h) -(h) EXTERIOR DOORS (I) EXTERIOR DOOR FRAMES AND STOREFRONTS (j) EXTERIOR SURFACE TREATMENT , (k) STRUCTURAL SUPPORTS (I) PORCHES AND BALCONIES ADDRESSLCCATI NOF VIOLATION )(0) smuts )<(n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (t) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE Cf (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER ^7MMENTS/CORRECTIVE ACTION(S): /a ST4 t, rera+rk 6T S7"rv+cfit./C . rri ,q -0 t . 4 pert), /curb "...ills;; eic�ie.45:`./'t 4t Si�i?, !�•tilSi�% Gvin%t✓s 41,4 cep r5 ko1rd Je (fRrtf� rlee 4nt i1. rerv.;rr 54-vckes 1 r1,4.1 rae-t 5 4-vdtec1 c ifrccr- 4,4 avid �t rep tri'[ d e i or la err -.-t !' / $f{/t r1 C '�' . PRINTED WORM MOM . 4;" GATE EXHIBIT # 3 Page 689 of 965 Page 690 of 965 Page 692 of 965 Page 694 of 965 Page 696 of 965 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 683-0898 Date: May 27, 2021 Case #: 20-00000286 KENNETH & CALVIN 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: 457 BLAKELY AVE Tax Identification Number: 20-3N-23-2390-0012-0050 Legal: SULLIVANS ADD LOTS 5 & 6 BLK, 12, If the violation(s) noted in the attached Statement of Violation (Violation Detail), 2021, this case may be scheduled for a public hearing before the City of Crestview's The Special Magistrate has the authority to impose fines of up to $250.00 per 5500.00 per day for repeat offenses and other penalties as a measure to enforce the City of Crestview in cases where violations continue to exist. are not corrected by June 10, Special Magistrate. day for the first offense and the codes and ordinances of 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 697 of 965 Page 698 of 965 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-00000286 PROPERTY ADDRESS 457 BLAKELY AVE IOLATION: CH 38 SEC 18 (d) QUANTITY: 1 Dr,CRIPTION: 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 # 3 Page 699 of 965 Page 700 of 965 VIOLATION DETAIL PAGE 2 CASE NUMBER 20-00000286 PROPERTY ADDRESS 457 BLAKELY 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 @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) DESCRIPTION: VEGETATION -WEEDS LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. QUANTITY: 1 DATE: 5/27/21 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 # 3 Page 701 of 965 Page 702 of 965 l7ra U.S. Postal Service' CERTIFIED MAIL- RECEIPT Domestic Marl Only ru , co .0ertitted h6 `El 'S u 1 9wnicee a Fees r ea .. **tree Receipt (P avy) $ri (] Retum Receipt (ere<Imnk} Li,-,' Met1 R eekied Debery S _, O DAW+ tiipnxhne RepuFed $ ❑Adult Signature R.Mktai DeWery $ 1poIItye tr roan Pottage end pees. For delivery information. visit our v+ebstte at tvwty asps.corn 3 O sent ti N q. N 2%202 SENDER; COMPLETE THIS SECTION ✓ Complete items 1, 2, and 3. rx 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 mailpiece, or on the front if space permits. e Addressed to: ,.�WNCN MC9d.Ji3J S'iLC-R� Jg- %iLSoN S-rR ORia ) i Eut1,.r.3k536 111111111 1111 1111111 1111111 1111111111111111111 elk COMPLETE THIS SECTION ON DELIVERY ‘.:•014.4-4 D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No Agent p Address C. Date of Delivt ce� dolt Signature Adult Signature Restricted Delivery 9590 9402 5522 9249 9957 33 a Certified Mail® D CertifRd Mall Restricted Delivery on Delivery rery Restricted 2. Article_N 2911 " 0 0 0 1 5682 2106 ❑insured Mall Restricted DeBveryetivery elh u ins.:recj Mal( ?�— (over $500) PS Form 3811, July 2015 PS147530-02-000-9053 Domestic Retum Revel EXHIBIT # 3 Page 703 of 965 ❑ Priority Mail Express® ❑ Registered MaliTM ❑ Registered Mall Restri Delivery O Return Receipt for Merchandise O Signature Confirmatlo O Signature Confirmatiol Restricted Delivery Page 704 of 965 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 #: 20-00000286 KENNETH & CALVIN SILER 497 S WILSON ST CRESTVIEW, FL 32536 Dear KENNETH & CALVIN 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: 457 BLAKELY AVE Tax Identification Number: 20-3N-23-2390-0012-0050 Legal: SULLIVANS ADD LOTS 5 & 6 BLK, 12, 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 fora 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. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 705 of 965 Page 706 of 965 VIOLATION DETAIL PAGE 1 CASE NUMBER 20-00000286 PROPERTY ADDRESS 457 BLAKELY AVE '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 # 3 Page 707 of 965 Page 708 of 965 VIOLATION DETAIL PAGE 2 CASE NUMBER 20-00000286 PROPERTY ADDRESS 457 BLAKELY 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 @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS 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. 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 709 of 965 Page 710 of 965 • m t~ fi N U.S. Postal Service"' t_``� CERTIFIED nly For delivery information, visa rti eni;:a .D ales 0 r - .'ur_!'! $ _ R Complete items 1, 2, and 3. or 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 mailpiece, or on the front if space pemttts. 1. Article Addressed to 14 ri► eTh J, S\ I L'QN S 7 l Q ) J LX2 3 1I11JII1II1I 11111111 I VIII1111111IIII fllll RECEIPT t our Welasite at u:.ww-uses COW }{era ❑ Agent © Addressee C. Dade of Delivery 2' D. Is delivery address different froin !taw!? a If YES, enter delivery address below: © No Yes 2. Article Number Monster from service /ebel _ 7fl20 190 0001 5682 • PS Foim 3677; Juiy 2020 i N tae -62:0-06465-3 3. Service ljrpe Stratum Adult Signature Restricted D Certified MOO Delivery O Certified Mall Resinoted Delivery D Co®eot on Deewry 0 Collect on Delivery Restricted Delivery 0 Insured Mal 2373 ' Restricted Delivery D Priority Mall Express® D Registered Marl D R=ed Mall Restricted; 0Signature Confirmation*y ❑ Signature CcnThmaticn Restricted Delivery Dornestio Return Receipt 1. EXHIBIT # 3 Page 711 of 965 Page 712 of 965 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32J36 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 9/7/2021 Kenneth & Calvin Siler 497 S Wilson Street Crestview, FL 32536 RE: CASE# 20-286 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 457 Blakely Avenue, Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-2390-0012-0050 LEGAL DESCRIPTION: SULLIVANS ADD LOTS 5 & 6 BLK 12 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: Notice of Violation EXHIBIT # Page 713 of 965 Page 714 of 965 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 agistrate is to facilitate the enforcement of local and state laws. (1 Code Compliance Officer 850.305.3702/850.612.9714 Faro 53A Appendix • Revised 2021 EXHIBIT # 3 Page 715 of 965 Page 716 of 965 20-286 457 Blakely Ave 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 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. EXHIBIT # 3 Page 717 of 965 Page 718 of 965 a' u1 1-4 m m a- U.S. Postal Service CERTIFIED MAIL.. RECEIPT (Domestic F.1ai! Only: No Insurance Coverage Provided) For delivery information visit our v ebsrte at 'rvr`w.usP` coin" OFFICIAL USE Peebles Cornett Fee O Pease Recetct_Fee (EndorsementRequired) Tout Poeege & Fees m r4 N Complete items 1.2, and 3. ` Print your name and.addn3ss on the reverse so that we can return the card to you. Attach this card to the back of the malipiece, or on the front if apace permits. 1. Article Addressed t°:4— 4— &CAM S 'RI. 3 vat(A®o Cr CifgroOvfP(. 520-3 Il1 11 !1111111111111Ill1i 1111111111 11 i11 9590 9402 6373 0303 1228 22 2. Article Number (Aansfer from servlce labeO 7011 3500 0000 9133 8595 PS Form 3811, July 2020 PSN 7530.02-000-9p53 Apent 0 Addressee (Printed Name) ( of Delivery fi'''t fi l). _ Is delivery address different from hem 1? 0 Yes If YES, enter delivery address below: p No 3. Servloe lope C Prksty WI 13 0 AdultSignature Restricted Delivery p mag Rowed 1 WA Man Reetrtoted Delivery 0 8Cadlmmtla is 0 coact on Delivery 0 Signature CanTSnteeor► 0 Coteot on DeOvery Restricted Delivery Restricted Delivery Ane aRestricted Delivery Domestic Return Receipt I EXHIBIT # 3 Page 719 of 965 Page 720 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 38.65 IMPROVED PROPERTY STANDARDS 5"/7-5.,/ei 457 BLAKELY D —g(% O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS '(f) WINDOWS O (g) SHUTTERS "E(h) EXTERIOR DOORS yiff (1) EXTERIOR DOOR FRAMES AND STOREFRONTS r0) EXTERIOR SURFACE TREATMENT " (k) STRUCTURAL SUPPORTS (I) PORCHES AND BALCONIES t,.,MMENTS/CORRECTIVE ACTION(S): U Sty- 5./r"7/44T irritovi 1 6-P S -car`s iYoropr-17. ,oer-ch (04.145 ill��(' r efde'•t5+%✓`C o,.-'ov.4- de c;16). r"'ilSi w indat✓f 'i^41) okorS ivrird 6v4. VAT t,4 rife. is c.) ADORESSLOCATCINOFVElATION )(m) STAIRS )2((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 O (u) RODENT HARBORAGE O (v) EXTERIOR UGHTING O (w) FENCES AND WALLS O OTHER: �--r zest rr v 54-vekrci r vG l vt'h�n s4-vc7Kt) e"l e e r LJ avid L fly ..i-t d (crier (zee r-%i f % Sf✓trt et.. EXHIBIT # Page 721 of 965 Page 722 of 965 Page 724 of 965 Page 726 of 965 Case# 21-286 457 Blakely EXHIBIT # 30 Page 727 of 965 Page 728 of 965 Page 730 of 965 Page 732 of 965 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 3865 IMPROVED PROPERTY STANDARDS 5/,2-.5/1 DATE O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING (e) EXTERIOR WALLS (f) WINDOWS O (g) SHUTTERS ,k(h) EXTERIOR DOORS (1) EXTERIOR DOOR FRAMES AND STOREFRONTS Q) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS 1 (I) PORCHES AND BALCONIES 457 BLAKELY Ao-i2a0 ADDRESS-LorATENofVo3A11 N d(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 O (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: ..' () aift4 f ry fi�ar-•.-� �ViMENTS/CORRECTIVE ACTION(S): nel /eI"t0t/F I 5 ,.c -PsOrl 077aPriy. 4 red. ,o• t ",:xf,t7 / PfCVfitS►,✓`c 5.10/4,j ' -'$i / f v i.•dow.S j ^ti °iv rS i✓1'40/ o tlA VAS tAt r/te441t�1. R�c�2 d 5'M,C1,..rc I rwfvc ,-) e,;e•ee at t.-i t01 , :r or ' fgerr-w T ! Sfv/cn Ce BUILDING OFFICIAL PRINTED NAME 44/14.43., OFFCIAL DATE EXHIBIT #I Page 733 of 965 Page 734 of 965 Page 736 of 965 Page 738 of 965 Case# 21-286 457 Blakely EXHIBIT 30 - Page 739 of 965 Page 740 of 965 Page 742 of 965 Case# 21-286 457 Blakely EXHIBIT # 34 - Page 743 of 965 Page744of965 �;'.I 111;11 y fill SPECIAL MAGISTRATE ,i, r 198 Wilson Street North 4t -14 Crestview, FL 32536 CITY OF CRESTVIEW FLORIDA City of Crestview, Florida, Petitioner, VS. Kenneth & Calvin Siler 497 S Wilson St Crestview, FL 32536 Respondents. Inst. #3500466 Blc 3583 Pg: 1884 Page 1 of 4 Recorded: 10/28/2021 9:16 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 20-286 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, Kenneth & Calvin Siler, whose last known mailing address is 497 S Wilson St, Crestview, FL 32536, is the owner of the property located at, 457 Blakely Ave., Crestview, FL. 32536, AKA PIN# 20-3N-23-2390-0012-0050, and more particularly described as: SULLIVANS ADD LOTS 5 & 6 BLK 12 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 28, 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 Page 1 of 4 Page 745 of 965 Page 746 of 965 of the violation by 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 - 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 747 of 965 Page 748 of 965 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. Or obtain structurally engineered plans and the necessary permits to repair the structure. b. Remove the vegetation 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 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 3 of 4 Page 749 of 965 Page 750 of 965 Done and Ordered on the 19th, Day of October, 2021. Samuel B. Digitally signed by Samuel B. Taylor Date: 2021.10.26 Ta y I o r 15:20:35 -05'00' CERTIFIED A TRUE CORRECT COPY CITY OF CRESTVIEW ( Special Magistrate BYJ r O1 /G J:2! 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 751 of 965 Page 752 of 965 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Kenneth & Calvin Siler 497 S Wilson St Crestview, FL 32536 Respondents. Inst. #3591818 6k: 3651 Pg: 4522 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, OKALOOSACOUNTY, FLORIDA CASE# 20-286 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, Kenneth & Calvin Siler, whose last known mailing address is 497 S Wilson St, Crestview, FL 32536, is the owner of the property located at, 457 Blakely Ave., Crestview, FL. 32536, AKA PIN# 20-3N-23-2390-0012-0050, and more particularly described as: SULLIVANS ADD LOTS 5 & 6 BLK 12 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 28, 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 Page 1 of 4 Page 753 of 965 Page 754 of 965 of the violation by 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 - 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 755 of 965 Page 756 of 965 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. Or obtain structurally engineered plans and the necessary permits to repair the structure. b. Remove the vegetation 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 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 3 of 4 Page 757 of 965 Page 758 of 965 Done and Ordered on the 19th, Day of October, 2021. Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: 2021.10.26 15:20:35 -05'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT COPY BY: a IAM DATE: 11— , — a 0 2 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 4 of 4 Page 759 of 965 Page 760 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 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 Stephen McCosker, Police Chief 4/20/2023 Multi -Agency Law Enforcement MOU Renewal Approval BACKGROUND: The City of Crestview Police Department is a Law Enforcement Agency that provides assistance to other jurisdictions during emergency circumstances or may request the assistance of other jurisdictions for emergencies occurring within the city limits of Crestview. It is essential that the Crestview Police Department participates in the construction of a Memorandum of Understanding (MOU) to remain compliant with state and federal laws as they pertain to emergency services provided outside of the jurisdiction of the City. Memorandums of Understanding are agreements between agencies to assist in emergency circumstances or for the purpose of assisting in incidents requiring additional staffing. DISCUSSION: The Crestview Police Department enters into an agreement for the completion of a Memorandum of Understanding between the City of Crestview and the City of Fort Walton Beach, City of Niceville, City of Valparaiso, City of Shalimar, Northwest Florida State College and the 96 Security Forces Squadron to which binds each jurisdiction to the Memorandum of Understanding for support with law enforcement services. In this memorandum, the agreements are equal. The City of Crestview Police Department agrees to assist those agencies identified above, and each agency agrees to assist the Crestview Police Department. Memorandums of Understanding are both necessary and binding to secure law enforcement services for all jurisdictions, especially in emergency or disastrous circumstances. 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 Page 761 of 965 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 As a Memorandum of Understanding is binding to all parties, a financial impact is not expected except in circumstances of emergencies or disasters. Therefore they cannot be effectively predicted. RECOMMENDED ACTION Staff respectfully requests the approval of the Memorandum of Understanding between the City of Crestview Police Department and the City of Fort Walton Beach Police Department, City of Niceville Police Department, City of Valparaiso Police Department, City of Shalimar Police Department, Northwest Florida State College Police Department and the 96 Security Forces Squadron. Attachment: Manicipal Law Enforcement Agreement MOU 2023 Attachments 1. MOU Law Enforcement Page 762 of 965 COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUNICIPAL MUTUAL AID AGREEMENT WITNESS TO WHEREAS, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Situations including but not limited to emergencies and disasters as defined under Section 25234, F.S.; and (2) Continuing,multi-jurisdictional law enforcement problems, so as to protect the public peace and safety,and preserve the lives and property of the people; and WHEREAS, The Crestview Police Department,The Fort Walton Beach Police Department,The Niceville Police Department,The Shalimar Police Department, The Valparaiso Police Department, the Northwest Florida State College Police Department and the 96th Security Forces Squadron have the authority under Section 23.1255,F.S; et seq; the Florida Municipal Aid Act,to enter into a combined Municipal Aid Agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 25234, F.S. NOW, THEREFORE, the parties agree as follows: Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to,dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires,natural or man-made disasters,sporting events, concerts,parades,special events. escapes from detention facilities, and incidents requiring utilization of specialized units, to include;traffic units, SWAT or SRT,K-9, drug interdiction, crime scene investigation, or any other unit or division to which the entering agencies agree. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to,investigating homicides,sex offenses, robberies,assaults,burglaries, larcenies,gambling,motor vehicle thefts and drug violations pursuant to Chapter 893, F.S., and in support of backup service during patrol activities,school resource officers on official duty out of their jurisdiction, off duty details, Driving Under the Influence (DUI) enforcement and inter- agency task forces and/or joint investigations. 1 Page 763 of 965 SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The law enforcement agency head, or his authorized designee, whose assistance is sought; shall evaluate the situation and his available resources and will respond in a manner he deems appropriate. The agency head, whose jurisdiction assistance is being rendered,may determine who 18 authorized to lend assistance in his jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business, attending a meeting, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he/she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken,said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested,includinq but not limited to a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is intended to grant general authority to conduct investigations, serve warrants and/or subpoenas,and is intended to address critical,life threatening or public safety situations, prevent bodily injury to citizens or secure apprehension of criminals who the law enforcement officer may encounter. The agency head's decisions in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned bythe assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the department requesting assistance. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provision of Section 768.28, F.S. where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of each participating department, when actually engaging in mutual cooperation and assistance outside of their jurisdiction limits but inside the State of Florida, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), F.S., have the same powers, duties, rights, 2 Page 764 of 965 privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel,equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided however; that no party shall be required to deplete unreasonable,its own personnel, equipment, resources, facilities and services in furnishing such mutual aid. c. A political subdivision that furnishes equipment pursuant to this party must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The agency furnishing aid pursuant to this section shall compensate its appointee/employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance relief,disability, workers compensation, death and other benefits that apply to the activity of an employee of an agency when performing the employee 's duties within the territorial limits of the employee's agency, apply to the employee to the same degree,manner and extent while engaged in the performance to the employee's duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with effect to paid, volunteer and reserve employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION V11: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until April 1, 2025. Under no circumstance may this agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any party may cancel their participation in this agreement upon delivery of written notice to the other parties. Cancellation will be at the direction for any subscribing party. [Signatures Appear on Next (Separate) Page] 3 Page 765 of 965 In witness whereof, the parties hereto cause these present to be signed on the date specified. Stephen McCosker, Chief Police Date Crestview Police Department JB Whitten, Mayor Date City of Crestview Robert Bage, Chief of Police Date Fort Walton Beach Police Department Jeff Peters, City Manager (Acting) City of Fort Walton Beach Date avid Popwell, Chief 6f Police Date Niceville Polic`ryepartment Corbin, City Manager ity of Niceville Joseph Hart, Chie of ' olice Valparaiso Polic- Department ,/i.,21,020 23 D 4//I 3 -2o Z3 N uherJ- 13 • BF'rtSmith, Mayor ate City of Valparaiso 4 Page 766 of 965 John Cash, Chief of Police Date Town of Shalimar Mark Franks, Mayor Town of Shalimar Aaron Murray, Chiefbf Police Northwest Florida State College Date 0/4/dam Date Major John Clements Date 96th Security Forces Squadron Commander 5 Page 767 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.5. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney 4/17/2023 Approval of the minutes of April 10, 2023 BACKGROUND: DISCUSSION: 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 RECOMMENDED ACTION Staff respectfully requests a motion Attachments 1. 04102023 City Council Minutes Draft Page 768 of 965 City Council Minutes - DRAFT April 10, 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 Brian Walton of Community of Christ Church The Invocation and Pledge of Allegiance was led by Pastor Brian Walton of Community of Christ Church. Mayor JB Whitten requested a moment of silence for Dr. Naomi Barnes, in honor of all her contributions to the City of Crestview. He mentioned her visitation is scheduled for Friday, April 14th at 5:00 p.m. and service on Saturday at 11:00 a.m. at the Community Center. 3. Open Policy Making and Legislative Session Mayor JB Whitten established a quorum and went over the rules and procedures. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Douglas Capps to approve the agenda. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 6. Consent Agenda Councilmember R. Bullard requested that Item 6.1 be removed from the Consent Agenda to discuss further. Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Cynthia Brown to approve the Consent Agenda, as amended. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 6.1. Purchase of New Patrol Vehicles 11 Page Page 769 of 965 Councilmember R. Bullard stated he fully supports the new purchases, but he is concerned with the cost and the take-home vehicle policy. City Manager Tim Bolduc mentioned that it is better to look at the cost of the vehicles during the budget process and review the return on investment. Nationally, officers use take-home vehicles as part of the overall benefits package, adding he wants to stay competitive with surrounding jurisdictions. He will come back to Council with a report. In response to Councilmember R. Bullard's question on the half -cent sales tax, City Manager Tim Bolduc said the tax is only allocated for specific uses. However, residuals are used, if we receive more tax than anticipated. Motion by Councilmember Cynthia Brown and seconded by Councilmember Ryan Bullard to approve the purchase. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. Councilmember D. Capps said he is against changing the take-home policy. Councilmember R. Bullard explained he wanted information on how far out the cars are being taken. He added that the police chief should be able to determine the necessity of how far out the car can go. Mayor JB Whitten agreed we can define the radius in the policy. 6.2. Digital Forensic Workstation Purchase 6.3. WWTP Solids Handling Project Change Order #1 Re -Executed 6.4. Task Order 2020-02 Biosolids Improvements Amendment 1 6.5. Approval of minutes from March 27, 2023 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1918 - Amendment to the Code of Ordinances Chapter 38 - Property Maintenance and Housing Standards Police Chief Stephen McCosker came forward to discuss the second reading of Ordinance 1918. He explained Code Enforcement has been revamped, so we had to determine what changes were required. Our staff reviewed the ordinance line by line and made the recommended changes. Police Chief Stephen McCosker presented Ordinance 1918 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, Amending Chapter 38 Property Maintenance and Housing Standards, of the Code of Ordinances; Providing For Intent; Providing For Authority; 21 Page Page 770 of 965 Providing For Severability; Providing For Scrivener's Errors; Providing For Liberal Interpretation; and Providing For an Effective Date. City Manager Tim Bolduc addressed several criteria in the ordinance and mentioned with the move to the police department, it made sense to define the role of the code enforcement office and provide clarification. 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 Joe Blocker to adopt Ordinance 1918 on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 8. Ordinances on First Reading 8.1. Ordinance 1929 Repeal & Replace Chapter 32 Fair Housing to establish SHIP program Planning Administrator N. Schwendt reviewed the SHIP program details regarding affordable housing and eligibility for funding. He mentioned the Housing and Finance staff are assisting the city with a plan and went over the sections of the plan. He stated we hope to have the approval by July 1st. This ordinance will provide the legislative format. We will add a trust fund and committee in the plan which will mirror off the State plan. Planning Administrator N. Schwendt presented Ordinance 1929 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, Repealing and Replacing the Current Chapter 32 — Fair Housing With Chapter 32 - Housing, Establishing the Local Housing Assistance Trust Fund, the Local Housing Assistance Program, Provisions Regarding Ship Program Administration and Implementation, and the Affordable Housing Advisory Committee; 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. City Manager T. Bolduc said staff will provide direction for potential properties. Our CDBG program is for blight, but this ordinance will assist owner -occupied homes and provide a funding source adding the County is currently receiving the funds. Mayor JB Whitten called for comment from the Council. Mayor Pro-Tem A. Rencich asked what the current allocation is and Planning Administrator N. Schwendt responded that we received $160,000, but we will 31 Page Page 771 of 965 receive $202,000 with this change. City Manager T. Bolduc replied that this will also allow for Habitat for Humanity housing. Our best interest is to get people into affordable housing. Mayor Pro-Tem A. Rencich asked about the percentage of funds being used for rentals, and City Manager T. Bolduc said the main purpose is for home ownership. Councilmember D. Capps asked about SHIP program and whether affordable housing would be defined, and City Manager T. Bolduc replied that it is based on HUD levels and HUD will provide whether it is within a certain percentage. He added we have acquired properties that will allow us to provide these homes. Councilmember R. Bullard asked about who will serve on the Board, and Planning Administrator N. Schwendt replied that the Board will consist of eight individuals based on certain requirements per Statute. They will be appointed by Resolution. We would have twelve months from adoption to form the Board. Councilmember R. Bullard offered to volunteer to serve on the Board and asked if we can preclude rentals. City Manager T. Bolduc added that staff will make recommendations to the Board, so the Board will not need to review all cases adding home ownership is the main focus. Councilmember Joe Blocker asked who would pay the taxes, and City Manager T. Bolduc replied that the homeowner will pay the tax. Mayor JB Whitten called for comment from the public. Mayor JB Whitten called for action. Motion was made by Councilmember Ryan Bullard and seconded by Councilmember Douglas Capps to approve Ordinance 1929 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. 8.2. Ordinance 1922 - Richburg Lane Annexation Planning Administrator N. Schwendt presented Ordinance 1922, Richburg Lane Annexation to the City Council and mentioned the property pertains to 2.45 acres which is currently outside of city limits. The developer has asked for utilities. He went over the current mixed use, as well as the surrounding zoning. The property is developed for commercial use. He went over the posting and noticing information. Planning Administrator N. Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 2.45 Acres of Contiguous Lands Located in Section 9, Township 3 North, Range 23 West, and Being Described as Set Forth Herein; Providing For Authority; Providing For Land Description; Providing For Boundary; Providing For Land Use and Zoning Designation; Providing For 41 Page Page 772 of 965 Amendment to the Base, Land Use and Zoning Maps; Providing For A Comprehensive Plan Amendment; Providing For Filing With the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; 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 was made by Councilmember Joe Blocker and seconded by Councilmember Ryan Bullard to approve Ordinance 1922 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 1923 - Richburg Lane Comp Plan Amendment Planning Administrator N. Schwendt presented Ordinance 1923, Richburg Lane Comprehensive Plan Amendment, to the City Council mentioned the information was the same as the annexation. He 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 Okaloosa County Mixed Use to Commercial (C) on Approximately 2.45 Acres, More or Less, In Section 9, 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 was made by Councilmember Douglas Capps and seconded by Councilmember Cynthia Brown to approve Ordinance 1923 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. 8.4. Ordinance 1924 - Richburg Lane Rezoning Planning Administrator N. Schwendt presented Ordinance 1924, Richburg Lane Rezoning, to the City Council and went over the zoning details stating the information was the same as the previous ordinances. Planning Administrator N. Schwendt and asked the City Clerk to read the ordinance. 51 Page Page 773 of 965 City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 2.45 Acres, More Or Less, Of Real Property, Located In Section 9, Township 3 North, Range 23 West, From the Okaloosa County Mixed Use Zoning District to the Commercial Low -Intensity District (C-1) 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 was made by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve Ordinance 1924 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. 8.5. Ordinance 1925 - Richburg Lane and Third Avenue Annexation Planning Administrator N. Schwendt presented Ordinance 1925, Richburg Lane, and Third Avenue Annexation to the City Council. He mentioned the property is located behind the movie theater. He said it is currently in unincorporated Okaloosa County. He reviewed the current zoning and mentioned that the next three ordinances were not recommended by the Planning Board. He went over the surrounding zoning. He stated there is a mix of residential and commercial in the area. There is no development application on file. Traffic will need to be approved once an application is received. He added that notices have been mailed and postings done. Planning Administrator N. Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, 1 23.28 Acres of Contiguous Lands Located In Section 4, Township 3 North, Range 23 West, And In Section 9, Township 3 North, Range 23 West and Being Described As Set Forth Herein; Providing For Authority; Providing For Land Description; Providing For Boundary; Providing For Land Use And Zoning Designation; Providing For Amendment to the Base, Land Use and Zoning Maps; Providing For A Comprehensive Plan Amendment; Providing For Filing With the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; 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. In response to the question from Councilmember Ryan Bullard on why the Planning Development Board did not recommend the approval, Planning Administrator N. 61 Page Page 774 of 965 Schwendt replied the Board did not give a reason for not recommending approval. Mayor JB Whitten called for comment from the public and in hearing none, he called for action. Motion was made by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to approve Ordinance 1925 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. 8.6. Ordinance 1926 - Richburg Lane and Third Avenue Comp Plan Amendment Planning Administrator N. Schwendt presented Ordinance 1926, Richburg Lane and Third Avenue Comprehensive Plan Amendment, to the City Council stating the information is the same as the last ordinance. Planning Administrator N. Schwendt 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 Okaloosa County Low Density Residential and Mixed Use To Mixed Use (Mu) On Approximately 23.28 Acres, More Or Less, In Section 4, Township 3 North, Range 23 West, and In Section 9, 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 was made by Councilmember Ryan Bullard and seconded by Councilmember Joe Blocker to approve Ordinance 1926 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. 8.7. Ordinance 1927 - Richburg Lane and Third Avenue Rezoning Planning Administrator N. Schwendt presented Ordinance 1927, Richburg Lane and Third Avenue 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 23.28 Acres, More Or Less, Of Real Property, Located In Section 4, Township 3 North, Range 23 West, and In Section 9, Township 3 North, Range 23 West, From the Okaloosa County 71 Page Page 775 of 965 Residential -1 and Mixed Use Zoning District to the Mixed Use (Mu) 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. Mayor JB Whitten called for comment from the public. In hearing none, he called for action. Motion was made by Councilmember Ryan Bullard and seconded by Councilmember Joe Blocker to approve Ordinance 1927 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. 9. Resolutions Nothing brought forward. 10. Action Items Nothing brought forward. 11. City Clerk Report Nothing brought forward. 12. City Manager Report City Manager Tim Bolduc provided an update to the City Council. He mentioned the roof leak at the gym has been looked at but, he was unsure of the long-term use yet. He has met with a couple of contractors about options. After meeting with the contractors, we are working on a proposal to insulate the building, etc. and continue to use it as a gym with the option of using it as a dual-purpose building in the future. He spoke of a large scale indoor recreational complex as a potential use. Regarding the solar panel ordinance, the discussion from the Planning and Development Board was to request staff to look at the placement of the panels, and the height and parking under the panels, so we will bring it back to the Planning and Development Board with options. He mentioned potential funds for Vineyard Village in the amount of $750,000 as it made it to the state budget process. We have returned the packet to the legislative with pictures of the area, the construction timeline, and the design plan, adding the site plan has been done. There will be 28 units. They will be leased at 80% of the HUD -recommended rent. He also displayed a rendering of the units. He briefed the City Council on the Sexual Predator ordinance addressing where they can live within the city limits. The current statute has requirements we have identified that there are violations currently. He has met with Councilmember D. Capps, and we will map 81 Page Page 776 of 965 out the requirements. The Chief of Police will review the registered sex offenders against the map and then a detective will investigate. He added before we adopt the law, we are checking our current enforcement. 13. Comments from the Mayor and Council Councilmember D. Capps requested that the solar panel ordinance be added to the next Council meeting and asked about calling a special meeting with the Planning Development Board (PDB). City Manager T. Bolduc said he will brief the entire Board. Discussion ensued about the need to fill the current vacancy for an alternate. Planning Administrator N. Schwendt mentioned that the alternate has not been approved yet. The solar panel ordinance process was also discussed, and City Manager T. Bolduc explained that the PDB is a board recommendation required by Statute. City Attorney Jon Holloway added that on the comprehensive plan, the PDB must make a recommendation. Councilmember R. Bullard asked whether the PDB knew the vision of the Council and City Manager T. Bolduc replied that he can brief the Board on the vision. Councilmember R. Bullard asked about the correct spelling of Richburg Lane, and City Attorney Jon Holloway replied that he has some answers and will get back to him. Mayor Pro-Tem A. Rencich asked that Tim require that current staffing is met on the Board and that they are briefed on the current direction of the Council. He added if the Board says "no", they need to provide a reason. Councilmember D. Capps agreed. City Manager T. Bolduc said we will set up a special meeting on the solar panel ordinance and go over the overall strategy of planning in preparation of growth. Councilmember C. Brown said we appreciate the work of the Board but want them to know our direction. Councilmember Joe Blocker asked about the location of each property and asked that the exhibits be displayed. Mayor JB Whitten mentioned this past weekend, he visited the disc golf tournament stating it was well attended. He went to the sunrise service, which was also well attended. He mentioned this weekend's car show is being held on Main Street. 14. Comments from the Audience Lisa Burke came forward stating she lives in the unincorporated area of the county and does not want to be incorporated into the city. In reply, City Manager T. Bolduc explained that the ordinances tonight are not involuntary. Mayor JB Whitten added the city does not do involuntary annexations. Ms. Wanda Hulion thanked the Council for the work on Shortwell, however, they need streetlights. Public Services Director M. Criddle said they have ordered the two additional streetlights from Florida Power and Light. 91 Page Page 777 of 965 15. Adjournment Mayor JB Whitten adjourned the meeting at 7:06 p.m. Minutes approved this _ day of _, 2023. JB Whitten Mayor Maryanne Schrader City Clerk Proper Notice having been duly given 10 'Page Page 778 of 965 CITY OF CRESTVIEW Item # 7.1. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Senior Planner DATE: 4/17/2023 SUBJECT: Ordinance 1929 Repeal & Replace Chapter 32 Fair Housing to establish SHIP program BACKGROUND: In 1992, the Florida Legislature adopted the William Sadowski Affordable Housing Act, creating the State Housing Initiatives Partnership (SHIP) Program to expand affordable housing resources in the state. Previously, the City did not collect its allocation for SHIP funding, and it was deferred to Okaloosa County. As the City pursues the goal of improving the minimum housing standards for our citizens through code enforcement and blight removal, we see great value in programs that will assist homeowners and developers in purchasing, building, or rehabilitating housing that is considered affordable. DISCUSSION: In late January of 2023, Florida Housing Finance Corporation (FHFC) staff contacted City staff, spurring a discussion regarding eligibility for SHIP funding. After FHFC staff determined that we were eligible for the program, we began working with them to develop the necessary plans, exhibits, resolutions, and ordinances pertaining to our implementation of the SHIP program. We are still working with FHFC staff to finish our Local Housing Assistance Plan (LHAP). Currently, our plan draft includes assistance for homeowner -occupied rehabilitation, homebuyer assistance, disaster recovery, assistance for the construction of homeowner -occupied affordable housing units, and assistance for developers constructing/rehabilitating rental affordable housing units. These may be subject to change as staff develops the plan based on direction from the FHFC review committee. After their approval, we will bring the plan back to the Council for adoption. This Ordinance establishes the legislative framework to implement the plan once the FHFC and the Council approve it. Council should expect to see the plan for approval by resolution sometime before July 1st. The original contents of Chapter 32 - Fair Housing were initially established in the early 1990s. Upon review of the current Florida Statutes, staff found that the same provisions were present in the Statute and that they don't need to be adopted locally by ordinance. 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 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 779 of 965 Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Implementation of the SHIP program will make funds available for various affordable housing assistance strategies. RECOMMENDED ACTION Staff respectfully requests a motion that Council adopt Ordinance 1929 on Second Reading. Attachments 1. Attachment 1 Page 780 of 965 ORDINANCE: 1929 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, REPEALING AND REPLACING THE CURRENT CHAPTER 32 — FAIR HOUSING WITH CHAPTER 32 - HOUSING, ESTABLISHING THE LOCAL HOUSING ASSISTANCE TRUST FUND, THE LOCAL HOUSING ASSISTANCE PROGRAM, PROVISIONS REGARDING SHIP PROGRAM ADMINISTRATION AND IMPLEMENTATION, AND THE AFFORDABLE HOUSING ADVISORY COMMITTEE; 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. WHEREAS, The City of Crestview is a political subdivision of the State of Florida to which Chapter 166 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self -governance; and WHEREAS, in 1992 the Florida Legislature adopted the William Sadowski Affordable Housing Act creating the State Housing Initiatives Partnership (SHIP) Program for the specific purpose of supporting and expanding affordable housing resources throughout the State; and WHEREAS, the City of Crestview Comprehensive Plan includes goals, objectives and policies designed to enhance the availability of affordable housing in the City; and WHEREAS, the City Council finds it necessary and in the public interest to adopt the included provisions to establish and efficiently administer the SHIP program within the City Limits of Crestview. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes, and Section 2 of The City of Crestview Charter. SECTION 2 — CHAPTER 32 — FAIR HOUSING, OF THE CODE OF ORDINANCES. Chapter 32 — Fair Housing, in its current form is hereby repealed and replaced with Chapter 32 — Housing as attached hereto and incorporated herein (Attachment 1). SECTION 3 - 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 4 - 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 5 - 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. Page 781 of 965 SECTION 6 - 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 7 — EFFECTIVE DATE. The effective date of this ordinance shall be thirty (30) days after the adoption on second reading by the City Council. Passed and adopted on second reading by the City Council of Crestview, Florida on the day of 2023. Approved by me this day of , 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 782 of 965 CHAPTER 32- HOUSING ARTICLE I. — IN GENERAL Secs. 32-1— 32-11. — Reserved. ARTICLE II. — STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM Sec. 32-12. — Purpose. In accordance with and pursuant to the authority of the general laws of the State of Florida, and Chapters 163 and 420, Florida Statutes, this article specifies the requirements for the planning, implementation, and receipt of funds under the State Housing Initiatives Partnership (SHIP) Program as governed by Chapter 420, Florida Statutes, and Rule 67-37, Florida Administrative Code. Sec. 32-13. — Definitions. For purposes of their use in this article, specific terms shall be defined the same as defined in Section 420.9071, Florida Statutes. Where no definition exists in Section 420.9071, Florida Statutes, specific terms shall be defined the same as defined in Section 420.0004, Florida Statutes. Sec. 32-14. — Local Housing Assistance Trust Fund. (a) There shall be created within the official fiscal and accounting records of the city, a specifically designated and dedicated local housing assistance trust fund, hereinafter referred to as "the fund." (1) The fund shall be created within 30 days of the effective date of this article. (2) The fund shall be solely reserved for the deposit and expenditure of funds in support of the Local Housing Assistance Program as required by Chapter 420, Florida Statutes and Rule 67-37, Florida Administrative Code. (3) The fund shall be audited annually, and the financial condition thereof shall be separately stated in the audited financial statements of the city. Copies of said audit shall be provided to the state housing finance agency, the state department of community affairs and/or other agencies designated by law. (4) All investment earnings shall be retained in the fund and used for the purposes thereof. (5) Until utilized for the purposes thereof, monies in the fund shall be held solely for use pursuant to the Local Housing Assistance Program. Sec. 32-15. — Establishment of the Local Housing Assistance Program. (a) There is hereby created, the City of Crestview Housing Assistance Program, hereinafter referred to as the program, which includes utilization of SHIP funds in conformity with the Page 783 of 965 provisions of Chapter 420, Florida States, Rule 67-37, Florida Administrative Code, and implementation of the City of Crestview Comprehensive Plan. (b) SHIP funds may be used to provide down -payment assistance, construction subsidies, mortgage reduction payments, mortgage interest rate subsidies, and/or direct mortgage loans to eligible persons and households to assist in purchase of newly constructed or existing affordable housing, in accordance with the provisions of Chapter 420, Florida Statutes. (c) SHIP funds may be used to supplement existing state housing finance agency projects or activities undertaken within the city for the specific purpose of providing additional funding for the state housing finance agency's State Apartment Incentive Loan (SAIL) projects within the City. (d) SHIP funds may be used to provide emergency housing repairs through existing weatherization program service providers pursuant to Sections 409.509 — 409.5093, Florida Statutes. (e) The cost of administering the Local Housing Assistance Program shall not exceed ten percent of the funding received from the state pursuant to the state Housing Initiative Partnership Act. (f) The Local Housing Assistance program shall include all other lawful objectives not previously listed if said objectives have been adopted by resolution of the city council into the Local Housing Assistance Plan (LHAP) in the manner prescribed for by Sections 420.907 — 420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code. Sec. 32-16. — Intent and purpose of the Local Housing Assistance Program. (a) The intent and purpose of the Local Housing Assistance Program is: (1) To increase the availability of affordable housing units by combining local resources and cost -saving measures into a local housing partnership and using private and public funds to reduce the cost of housing. (2) To promote more compact urban development and assist in achieving the growth management goals contained in the comprehensive plan by allowing more efficient use of land so as to provide housing units that are affordable to persons who have special housing needs or are very low-, low, or moderate -income. To promote design and construction that reduce long-term costs relating to maintenance, utilities, or insurance. (4) To promote mixed -income housing to provide increased housing and economic opportunities for persons who have special housing needs and/or who are very low, low, or moderate income; and To develop the organizational and technical capacity of community -based organizations to optimize the role of such organizations in the production of affordable housing. (3) (5) Page 784 of 965 Sec. 32-17. — SHIP program administration and implementation. (a) The Community Development Services Department shall develop and implementation of the Local Housing Assistance Program, with the following responsibilities: (1) Coordinate with the local housing partnership to monitor the success of the program and provide advice and suggestions regarding potential program improvement from year to year. (2) Coordinate with the local housing partnership in local, state, and federal programs to maximize the production of eligible housing through the program. (b) The total amount paid for any administrative expenses in connection with the Local Housing Assistance Program will not exceed ten percent of the local SHIP funding distribution. (c) The city, the local housing partnership, and all eligible sponsors shall not discriminate in the loan application process involving eligible persons and eligible housing on the basis of race, creed, religion, color, age, sex, sexual preference, marital status, familial status, national origin, or handicap. (d) The city shall comply with the rules and regulations of the state housing finance agency in connection with required reporting by the city of compliance with its Local Housing Assistance Program. (e) Prior to receiving an award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under Sections 420.907 — 420.9079, Florida Statutes, and this article. All eligible persons or eligible sponsors shall include in the deed transferring ownership of the property to the eligible person or eligible sponsor a covenant agreeing to comply with the terms of the above -described laws which covenant will run with the land or in the alternative, the agreement shall be made a part of the mortgage agreement. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement inuring the benefit of the city. (f) Eligible sponsors receiving assistance from both the State Housing Initiative Partnership (SHIP) Program and the Low Income Housing Tax Credit (LIHTC) Program shall be required to comply with the income, affordability, and other LIHTC requirements. Similarly, any eligible housing receiving assistance from SHIP and other federal programs shall be required to comply with any requirements specified by the federal program in addition to SHIP requirements. Sec. 32-18. — Affordable Housing Advisory Committee. (a) The Crestview Affordable Housing Advisory Committee, hereinafter referred to as the committee, shall consist of 8 members, as stipulated in Section 420.9076, Florida Statutes. (b) The committee shall serve in an advisory capacity, perform the required functions, and operate as stipulated in Section 420.9076, Florida Statutes. (c) Appointment of individuals to the committee shall be by resolution of the city council. Page 785 of 965 (d) Members shall initially serve for three-year terms and may be reappointed for subsequent terms. (e) A simple majority of the membership of the committee shall be required to conduct official business. (f) Committee meetings shall be publicly noticed in a newspaper of general circulation. (g) Meetings shall be held annually. Additional meetings may be called as needed to conduct necessary business. (h) Administrative support for the committee shall be provided by the Community Development Services Department and City Clerk's office, as applicable. Page 786 of 965 CITY OF CRESTVIEW Item # 7.2. Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/17/2023 Ordinance 1922 - Richburg Lane Annexation BACKGROUND: On September 13, 2021, staff received a Petition for Utility Services for a property located at 2810 Richbourg Lane, which is outside the city limits of Crestview. Staff has determined that, per the agreement, the property is contiguous and eligible for annexation. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The Planning and Development Board recommended approval on April 3, 2023, and the first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: GIP Crestview LLC 21805 W Field Pkwy Ste 150 Deer Park, IL 60010 09 -3N -23-0000-0011-001C 2.45 acres Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Commercial Okaloosa County General Commercial Commercial West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial High -Intensity District (C-2) Commercial Page 787 of 965 The subject property is currently developed for commercial use and a development application has not been submitted. Based on the proposed land -use and zoning designations, the property use will continue as commercial. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: The property is contiguous to the city limits; The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; The annexation of the property would not create an enclave The subject property is not included in the boundary of another municipality; and, The subject property meets the definition of urban purposes. A notice was sent to the property owner on March 3, 2023. Courtesy notices were mailed to property owners within 300 feet of the subject property on March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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 There are no fees for this annexation. The cost of advertising was $544.50. The successful annexation of this property will have positive future impacts, including ad valorem revenue based 011 future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1922 on second reading. Attachments 1. 2810 Richbourg Lane Out of City Water 2. Exhibit Packet Page 788 of 965 ORDINANCE: 1922 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 2.45 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; 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 Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 09 -3N -23-0000-0011-001C (Deed recorded in Book 3567, page 1724, dated August 1, 2021) COMMENCE AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, THENCE PROCEED S 2°12'07" W, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF RICHBURG LANE, THENCE PROCEED S 2°12'04" W, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE PROCEED S 2°12'04" W, A DISTANCE OF 461.51 FEET TO A POINT; THENCE PROCEED S 59°27'36" E, A DISTANCE OF 237.11 FEET TO A POINT; THENCE PROCEED N 2°12'04" E, A DISTANCE OF 218.58 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAYING A RADIUS OF 136.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 54.55 FEET THROUGH A CENTRAL ANGLE OF 22°58'55" (CHORD: N 9°17'24" W, 54.19 FEET) TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 185.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 137.90 FEET THROUGH A CENTRAL ANGLE OF 42°42'32" (CHORD: N 0°34'24" E, 134.73 FEET) TO A POINT OF TANGENCY; THENCE PROCEED N 21°55'40" E, A DISTANCE OF 81.38 FEET TO A POINT; THENCE PROCEED N 2°07'48" E, A DISTANCE OF 91.03 FEET TO A POINT; THENCE PROCEED N 87°46'54" W, A DISTANCE OF 221.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. Page 789 of 965 SAID PARCEL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. SECTION 3 — BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 — LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 — COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. SECTION 6 — MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 — 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 9 — 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 10 — 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 11 — 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 12 — 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 24th day of April, 2023. ATTEST: Maryanne Schrader City Clerk Page 790 of 965 Approved by me this 24th day of April, 2023. J. B. Whitten Mayor Page 791 of 965 CITY OF CRESTVIEW PETITION FOR UTILITY SERVICE(S) I (We), the undersigned citizen(s) or business entity, located within the confines of Okaloosa County and adjacent to but outside the corporate limits of Crestview, Florida do hereby petition and request the City of Crestview to provide residential or commercial potable water or sewer or both service(s) of the City. By this petition, and if accepted, I (we) understand the provisions imposed by Articles II and IV, of Chapter 90 of the City Code apply, and that concurrency must be authorized and available pursuant to Chapter 163, F.S. and the Crestview Comprehensive Plan. I (we) further understand that as a condition of the City agreeing to provide water and/or sewer services to such property, the Customer(s) agree to annex the property into the city if the property is contiguous to existing city boundaries or becomes contiguous in the future and meets the requirements of the Ch 171, Florida Statutes and City of Crestview Annexation Policy #90-1. Address of Property: 2810 Richburg Lane, Crestview, Florida 32539 Location of Property: Tax I.D. Number: Crestview, Florida 84-2671640 Type (s) of Service Requested: Water and Sewer I (we) the undersigned citizen(s) or business entity further understand that upon Administrative approval, a Municipal Services Agreement shall be executed between the City and petitioners and all fees paid as a condition precedent to utility services. Rachel Jerkins as agent for GIP Crestview, LLC 9/13/2021 Printed Name of Property Owner Date Printed Name of Property Owner Date Racy' , ' peyz&td Signature of Property Owner Telephone Number 850-418-6783 Signature of Property Owner Telephone Number Petition for Utility Services Form Revised 4/18/2019 Page 792 of 965 Vicinity Map dBETHELID �. —" N ► AIRPORT'RD M ----)-- A 4 Not to Scale m 0 Subject Parcel (S) W —_ . k a 4 ,OFF' ♦� �-���♦�. JAMES,,,r. BIV� PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES u E PARCEL INFORMATION PROVIDED BY ♦♦.• ` _ / JAMES+�E OKALOOSA COUNTY GIS DEPARTMENT ♦�♦�,i •� EB�VD _ l'E NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D,,,, 713'2 ,-f ()PR Existing Use N A 0 100 200 Feet Legend Subject Parcel = City Limits Existing Use County Light Manufacturing Municipal No AG Acre ▪ Office Building ▪ Restaurant Single Family Supermarket Theater/Au Vacant Vacant Commercial Vacant/Commercial ▪ Vehicle Sale Warehouse PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Paae 7911 of 965 a Current Future Land Use N egl RICHBURG LN • 08 0 100 200 .. Feet t. 0 Legend Q m Subject Parcel c. = City Limits 2 City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) LIVINGSTON ST L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-,nr, 7Q1 ,.f ()PR a v cZ Current Zoning N m RICHBURG LN il = a m .. A 0 100 200 Feet 0 oc c Legend Subject Parcel 0, v M City Limits Q City Zoning Q Single Family Estate Dwelling District (R- E) / --- Single S Family Low Density District (R-1) Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) General Commercial (C-3) LIVINGSTON ST I-- N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES - a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno 7Qa of cs a 1 Proposed Future Land Use egl RICHBURG LN N _ 8 0 100 200 a 14.1 [117 Feet a Legend z \ Subject Parcel M City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) LIVINGSTON ST Mixed Use (MU) L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D,,,,, 707 ,-f 0 R a v cZ Proposed Zoning N Q, RICHBURG LN — 0 = a m .. A 0 100 200 Feet 0 oc . o Legend Subject Parcel I ck- City Limits _ \ City Zoning 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 (R-3) Mixed Use (MU) Commercial (C-1) - Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) ME Mixed Use (MU) LIVINGSTON ST General Commercial (C-3) I-- N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno 7C1Q of C1A CITY OF CRESTVIEW Item # 7.3. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 4/17/2023 SUBJECT: Ordinance 1923 - Richburg Lane Comp Plan Amendment BACKGROUND: On September 13, 2021, staff received a Petition for Utility Services for a property located at 2810 Richbourg Lane, which is outside the city limits of Crestview. Staff has determined that, per the agreement, the property is contiguous and eligible for annexation. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. Staff proposes the Commercial (C) future land use designation for the property. The Planning and Development Board recommended approval on April 3, 2023, and the first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: GIP Crestview LLC 21805 W Field Pkwy Ste 150 Deer Park, IL 60010 Parcel ID: 09 -3N -23-0000-0011-001C Site Size: 2.45 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Commercial Okaloosa County General Commercial Commercial West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial High -Intensity District (C-2) Commercial Page 799 of 965 The subject property is currently developed for commercial use and a development application has not been submitted. Based on the proposed land -use and zoning designations, the property use will continue as commercial. 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. A notice was sent to the property owner on March 3, 2023. Courtesy notices were mailed to property owners within 300 feet of the subject property on March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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 There are no fees for this comprehensive plan amendment. There is no additional cost of advertising as the comprehensive plan amendment was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1923 on second reading. Attachments 1. 2810 Richbourg Lane Out of City Water 2. Exhibit Packet Page 800 of 965 ORDINANCE: 1923 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 OKALOOSA COUNTY MIXED USE TO COMMERCIAL (C) ON APPROXIMATELY 2.45 ACRES, MORE OR LESS, IN SECTION 9, 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 Okaloosa County Mixed Use to Commercial (C) on a parcel of land containing 2.45 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 2.45 acres of land, more or less, from Okaloosa County Mixed Use to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 2.45 acres, more or less, is known as Parcel 09 -3N -23-0000-0011-001C and commonly described as: COMMENCE AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, THENCE PROCEED S 2°12'07" W, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF RICHBURG LANE, THENCE PROCEED S 2°12'04" W, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE PROCEED S 2°12'04" W, A DISTANCE OF 461.51 FEET TO A POINT; THENCE PROCEED S 59°27'36" E, A DISTANCE OF 237.11 FEET TO A POINT; THENCE PROCEED Page 801 of 965 N 2°1T04" E, A DISTANCE OF 218.58 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAYING A RADIUS OF 136.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 54.55 FEET THROUGH A CENTRAL ANGLE OF 22°58'55" (CHORD: N 9°17'24" W, 54.19 FEET) TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 185.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 137.90 FEET THROUGH A CENTRAL ANGLE OF 42°42'32" (CHORD: N 0°34'24" E, 134.73 FEET) TO A POINT OF TANGENCY; THENCE PROCEED N 21°55'40" E, A DISTANCE OF 81.38 FEET TO A POINT; THENCE PROCEED N 2°07'48" E, A DISTANCE OF 91.03 FEET TO A POINT; THENCE PROCEED N 87°46'54" W, A DISTANCE OF 221.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SAID PARCEL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. The Commercial (C) Future Land Use Category is hereby imposed on Parcel 09 -3N -23-0000-0011-001C. 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 09 -3N -23-0000-0011-001C 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 24th day of April, 2023. Approved by me this 24th day of April, 2023. J. B. Whitten Mayor ATTEST: Page 802 of 965 Maryanne Schrader City Clerk Page 803 of 965 996 3O 1709 a6ed 4 �J Q Adopted Future Land Use RICNBURG LN N a i 44. ., o s m 0 100 200 0 Feet o Q r1 Legend Subject Parcel =City Limits CI City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) LIVINGSTON ST F- '^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Y Q cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S . SURVEY FEET CITY OF CRESTVIEW PETITION FOR UTILITY SERVICE(S) I (We), the undersigned citizen(s) or business entity, located within the confines of Okaloosa County and adjacent to but outside the corporate limits of Crestview, Florida do hereby petition and request the City of Crestview to provide residential or commercial potable water or sewer or both service(s) of the City. By this petition, and if accepted, I (we) understand the provisions imposed by Articles II and IV, of Chapter 90 of the City Code apply, and that concurrency must be authorized and available pursuant to Chapter 163, F.S. and the Crestview Comprehensive Plan. I (we) further understand that as a condition of the City agreeing to provide water and/or sewer services to such property, the Customer(s) agree to annex the property into the city if the property is contiguous to existing city boundaries or becomes contiguous in the future and meets the requirements of the Ch 171, Florida Statutes and City of Crestview Annexation Policy #90-1. Address of Property: 2810 Richburg Lane, Crestview, Florida 32539 Location of Property: Tax I.D. Number: Crestview, Florida 84-2671640 Type (s) of Service Requested: Water and Sewer I (we) the undersigned citizen(s) or business entity further understand that upon Administrative approval, a Municipal Services Agreement shall be executed between the City and petitioners and all fees paid as a condition precedent to utility services. Rachel Jerkins as agent for GIP Crestview, LLC 9/13/2021 Printed Name of Property Owner Date Printed Name of Property Owner Date Racy' , ' peyz&td Signature of Property Owner Telephone Number 850-418-6783 Signature of Property Owner Telephone Number Petition for Utility Services Form Revised 4/18/2019 Page 805 of 965 Vicinity Map dBETHELID �. —" N ► AIRPORT'RD M ----)-- A 4 Not to Scale m 0 Subject Parcel(s) W —_ . k a 4 ,OFF' ♦� �-���♦�. JAMES,,,r. BIV� PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES u E PARCEL INFORMATION PROVIDED BY ♦♦.• ` _ / JAMES+�E OKALOOSA COUNTY GIS DEPARTMENT ♦�♦�,i •� EB�VD _ l'E NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, S2(1C. ,-f ()PR Existing Use N A 0 100 200 Feet Legend Subject Parcel = City Limits Existing Use County Light Manufacturing Municipal No AG Acre ▪ Office Building ▪ Restaurant Single Family Supermarket Theater/Au Vacant Vacant Commercial Vacant/Commercial ▪ Vehicle Sale Warehouse PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Paae 807 of 965 a Current Future Land Use N egl RICHBURG LN • 08 0 100 200 .. Feet t. 0 Legend Q m Subject Parcel c. = City Limits 2 City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) LIVINGSTON ST L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, 52(1Q ,-f ()PR a v cZ Current Zoning N m RICHBURG LN il = a m .. A 0 100 200 Feet 0 oc c Legend Subject Parcel 0, v M City Limits Q City Zoning Q Single Family Estate Dwelling District (R- E) / --- Single S Family Low Density District (R-1) Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) General Commercial (C-3) LIVINGSTON ST I— N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES - a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno sang of cs a 1 Proposed Future Land Use egl RICHBURG LN N _ 8 0 100 200 a 14.1 [117 Feet a Legend z \ Subject Parcel M City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) LIVINGSTON ST Mixed Use (MU) L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, Plrl ,-fO R a v cZ Proposed Zoning N Q, RICHBURG LN — 0 = a m .. A 0 100 200 Feet 0 oc . o Legend Subject Parcel I ck- City Limits _ \ City Zoning 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 (R-3) Mixed Use (MU) Commercial (C-1) - Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) ME Mixed Use (MU) LIVINGSTON ST General Commercial (C-3) I- N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno Q11 of QG2 C. CITY OF CRESTVIEW Item # 7.4. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 4/17/2023 SUBJECT: Ordinance 1924 - Richburg Lane Rezoning BACKGROUND: On September 13, 2021, staff received a Petition for Utility Services for a property located at 2810 Richbourg Lane, which is outside the city limits of Crestview. Staff has determined that, per the agreement, the property is contiguous and eligible for annexation. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. Staff proposes the Commercial Low -Intensity District (C-1) zoning designation for the property. The Planning and Development Board recommended approval on April 3, 2023, and the first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: GIP Crestview LLC 21805 W Field Pkwy Ste 150 Deer Park, IL 60010 Parcel ID: 09 -3N -23-0000-0011-001C Site Size: 2.45 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Commercial Okaloosa County General Commercial Commercial West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial High -Intensity District (C-2) Commercial Page 812 of 965 The subject property is currently developed for commercial use and a development application has not been submitted. Based on the proposed land -use and zoning designations, the property use will continue as commercial. 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. A notice was sent to the property owner on March 3, 2023. Courtesy notices were mailed to property owners within 300 feet of the subject property on March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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 There are no fees for this rezoning. There is no additional cost of advertising as the rezoning was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1924 on second reading. Attachments 1. 2810 Richbourg Lane Out of City Water 2. Exhibit Packet Page 813 of 965 ORDINANCE: 1924 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.45 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE COMMERCIAL LOW -INTENSITY DISTRICT (C-1) 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 2.45 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.45 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1923, is hereby rezoned to Commercial Low -Intensity District (C- 1) to wit: PIN # 09 -3N -23-0000-0011-001C COMMENCE AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, THENCE PROCEED S 2°12'07" W, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF RICHBURG LANE, THENCE PROCEED S 2°12'04" W, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE PROCEED S 2°12'04" W, A DISTANCE OF 461.51 FEET TO A POINT; THENCE PROCEED S 59°27'36" E, A DISTANCE OF 237.11 FEET TO A POINT; THENCE PROCEED N 2°12'04" E, A DISTANCE OF 218.58 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAYING A RADIUS OF 136.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 54.55 FEET THROUGH A CENTRAL ANGLE OF 22°58'55" (CHORD: N 9°17'24" W, 54.19 FEET) TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 185.00 FEET; THENCE PROCEED ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 137.90 FEET THROUGH A CENTRAL ANGLE OF 42°42'32" (CHORD: N 0°34'24" E, 134.73 FEET) TO A POINT OF TANGENCY; THENCE PROCEED N 21°55'40" E, A DISTANCE OF 81.38 FEET TO A POINT; THENCE PROCEED N 2°07'48" E, A DISTANCE OF 91.03 FEET TO A POINT; THENCE PROCEED N 87°46'54" W, A DISTANCE OF 221.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SAID PARCEL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. Page 814 of 965 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 # 1923 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 24th day of April, 2023. ATTEST: Maryanne Schrader City Clerk Approved by me this 24th day of April, 2023. J. B. Whitten Mayor Page 815 of 965 99640 969 a6ed 4 V cIV RIG IBURG,LN Adopted Zoning N A 0 100 200 Feet 1 ii 1k —RP C3 -• Q /... . !+ : Legend Subject Parcel Q City Limits I \ City Zoning Single Fa mily Estate Dwelling District (R -1E) Single Fa mily Lo w Density District (R-1) Single Family Medium Density District (R-2) Single and Multi -Fa mily Dwelling District (R-3) Mixed Use Commercial (C-1) Commercial (C-2) frA: Industrial County P Public Lands (P) Mixed Use LIVINGSTON ST General Co mmercial (C-3) t — r^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Y a m PARCEL INFORMATION PROVIDED BY ORALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S . SURVEY FEET CITY OF CRESTVIEW PETITION FOR UTILITY SERVICE(S) I (We), the undersigned citizen(s) or business entity, located within the confines of Okaloosa County and adjacent to but outside the corporate limits of Crestview, Florida do hereby petition and request the City of Crestview to provide residential or commercial potable water or sewer or both service(s) of the City. By this petition, and if accepted, I (we) understand the provisions imposed by Articles II and IV, of Chapter 90 of the City Code apply, and that concurrency must be authorized and available pursuant to Chapter 163, F.S. and the Crestview Comprehensive Plan. I (we) further understand that as a condition of the City agreeing to provide water and/or sewer services to such property, the Customer(s) agree to annex the property into the city if the property is contiguous to existing city boundaries or becomes contiguous in the future and meets the requirements of the Ch 171, Florida Statutes and City of Crestview Annexation Policy #90-1. Address of Property: 2810 Richburg Lane, Crestview, Florida 32539 Location of Property: Tax I.D. Number: Crestview, Florida 84-2671640 Type (s) of Service Requested: Water and Sewer I (we) the undersigned citizen(s) or business entity further understand that upon Administrative approval, a Municipal Services Agreement shall be executed between the City and petitioners and all fees paid as a condition precedent to utility services. Rachel Jerkins as agent for GIP Crestview, LLC 9/13/2021 Printed Name of Property Owner Date Printed Name of Property Owner Date Racy' , ' peyz&td Signature of Property Owner Telephone Number 850-418-6783 Signature of Property Owner Telephone Number Petition for Utility Services Form Revised 4/18/2019 Page 817 of 965 Vicinity Map dBETHELID �. —" N ► AIRPORT'RD M ----)-- A 4 Not to Scale m 0 Subject Parcel (S) W —_ . k a 4 ,OFF' ♦� �-���♦�. JAMES,,,r. BIV� PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES u E PARCEL INFORMATION PROVIDED BY ♦♦.• ` _ / JAMES+�E OKALOOSA COUNTY GIS DEPARTMENT ♦�♦�,i •� EB�VD _ l'E NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D -w Q1Q.,fQC.R Existing Use N A 0 100 200 Feet Legend Subject Parcel = City Limits Existing Use County Light Manufacturing Municipal No AG Acre ▪ Office Building ▪ Restaurant Single Family Supermarket Theater/Au Vacant Vacant Commercial Vacant/Commercial ▪ Vehicle Sale Warehouse PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Paae 819 of 965 a Current Future Land Use N egl RICHBURG LN • 08 0 100 200 .. Feet t. 0 Legend Q m Subject Parcel c. = City Limits 2 City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) Mixed Use (MU) LIVINGSTON ST L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, S2')fl ,-f ()PR a v cZ Current Zoning N m RICHBURG LN il = a m .. A 0 100 200 Feet 0 oc c Legend Subject Parcel 0, v M City Limits Q City Zoning Q Single Family Estate Dwelling District (R- E) / --- Single S Family Low Density District (R-1) Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) General Commercial (C-3) LIVINGSTON ST I-- N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES - a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno Q'')1 of QG2 C. a 1 Proposed Future Land Use egl RICHBURG LN N _ 8 0 100 200 a 14.1 [117 Feet a Legend z \ Subject Parcel M City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Commercial (C) Low Density Residential (LDR) LIVINGSTON ST Mixed Use (MU) L^ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Q ce m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, S2')') ,-f ()PR a v cZ Proposed Zoning N Q, RICHBURG LN — 0 = a m .. A 0 100 200 Feet 0 oc . o Legend Subject Parcel I ck- City Limits _ \ City Zoning 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 (R-3) Mixed Use (MU) Commercial (C-1) - Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) ME Mixed Use (MU) LIVINGSTON ST General Commercial (C-3) I-- N PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES a cc m PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno 5')Z of c CITY OF CRESTVIEW Item # 7.5. Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/17/2023 Ordinance 1925 - Richburg Lane and Third Avenue Annexation BACKGROUND: On February 27, 2023 staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Third Avenue and at 2828 Richburg Lane. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential & Mixed Use and Residential -1 & Mixed Use, respectively. On April 3, 2023, the Planning and Development Board recommended Ordinance 1925 not be approved. The first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: MIA Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 04-3N-23-1840-0012-0080 09 -3N -23-0000-0011-001A 23.28 acres Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Third Avenue Parcel Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential Page 824 of 965 Richburg Parcel Direction FLU Zoning Existing Use North Commercial (C) & Mixed Use (MU) Commercial High -Intensity District (C-2) & Mixed Use (MU) Commercial & Vacant East Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Residential & Commercial South Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential & Vacant West Okaloosa County Commercial, Low Density Residential & Mixed Use Okaloosa County General Commercia, Residential -1 & Mixed Use Commercial, Residential & Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for residential or low -intensity commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: The property is contiguous to the city limits; The property is comprised of two (2) lots in unincorporated Okaloosa County, and is therefore considered compact; The annexation of the property would not create an enclave The subject property is not included in the boundary of another municipality; and, The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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 annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. Page 825 of 965 The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1925 on second reading. Attachments 1. Attachment 4 MH annex land rezone 2. Exhibit Packet Page 826 of 965 ORDINANCE: 1925 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 23.28 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; 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 Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 04-3N-23-1840-0012-0080 (Deed recorded in Book 3654, page 4694, dated December 12, 2022) LOT 8, BLOCK 12, OAKDALE MINIATURE FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 129, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. PIN # 09 -3N -23-0000-0011-001A (Deed recorded in Book 3657, page 1128, dated December 5, 2022) A PARCEL OF LAND LOCATED IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION), MARKING THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED SOUTH 02°08'22" WEST, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF RICHBOURG LANE AND THE POINT OF BEGINNING; THENCE, ALONG SAID RIGHT OF WAY LINE, SOUTH 64°11'04" EAST, A DISTANCE OF 232.86 FEET; THENCE SOUTH 66°25'43" EAST, A DISTANCE OF 114.49 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE, DEPARTING SAID SOUTH RIGHT OF WAY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 105°02'50", A DISTANCE OF 45.84 FEET Page 827 of 965 (CHORD=BEARING SOUTH 54°35'35" WEST, CHORD=39.68 FEET); THENCE SOUTH 02°04'10" WEST, A DISTANCE OF 141.69 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 183.00 FEET ; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°26'46", A DISTANCE OF 97.24 FEET (CHORD BEARING=SOUTH 17°17'33" WEST, CHORD LENGTH=96.10 FEET), TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°40'41" A DISTANCE OF 25.48 FEET (CHORD BEARING=SOUTH 26°40'35" WEST, CHORD=25.43 FEET); THENCE SOUTH 56°55'44" EAST, A DISTANCE OF 25.85 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°47'25", A DISTANCE OF 15.50 FEET (CHORD BEARING=SOUTH 12°32'01" EAST, CHORD=13.99 FEET); THENCE SOUTH 31°51'41" WEST, A DISTANCE OF 10.61 FEET; THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 35.10 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 3.14 FEET (CHORD BEARING=SOUTH 16°42'35" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 12.00 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 3.14 FEET (CHORD BEARING=NORTH 73°17'25" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 11.14 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°58'29", A DISTANCE OF 7.24 FEET (CHORD BEARING=SOUTH 20°13'21" EAST, CHORD=6.62 FEET); THENCE SOUTH 27°53'02" WEST, A DISTANCE OF 5.29 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 15.81 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°20'26", A DISTANCE OF 13.62 FEET (CHORD BEARING=SOUTH 45°05'48" EAST, CHORD=13.20 FEET), TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 22.98 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°41'12", A DISTANCE OF 2.28 FEET (CHORD BEARING=SOUTH 23°16'09" EAST, CHORD=2.28 FEET); THENCE SOUTH 27°34'34" WEST, A DISTANCE OF 44.53 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 11.99 FEET; THENCE NORTH 28°17'25" EAST, A DISTANCE OF 1.00 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 30.68 FEET; THENCE SOUTH 28°17'25" WEST, A DISTANCE OF 16.56 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°47'27", A DISTANCE OF 108.63 FEET (CHORD BEARING=SOUTH 62°57'51" EAST, CHORD=105.24 FEET) THENCE SOUTH 87°51'34" EAST, A DISTANCE OF 472.22 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 360.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°41'43", A DISTANCE OF 111.18 FEET (CHORD BEARING=SOUTH 79°00'42" EAST, CHORD=110.74 FEET); THENCE NORTH 02°04'10" EAST, A DISTANCE OF 333.44 FEET; THENCE SOUTH 77°01'33" EAST, A DISTANCE OF 219.60 FEET; THENCE NORTH 03°57'38" WEST, A DISTANCE OF 282.20 FEET; THENCE NORTH 81°44'56" EAST, A DISTANCE OF 176.86 FEET; THENCE SOUTH 02°04'06" WEST, A DISTANCE OF 1251.48 FEET; THENCE NORTH 88°17'57" WEST, A DISTANCE OF 1105.06 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 690.59 FEET, TO THE POINT OF CURVATURE OF A CURVE Page 828 of 965 CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 136.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°58'44", A DISTANCE OF 54.54 FEET (CHORD BEARING=NORTH 09°21'00" WEST, CHORD=54.18 FEET), TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 185.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°42'20", A DISTANCE OF 137.89 FEET (CHORD BEARING=NORTH 00°30'48" EAST, CHORD=134.72 FEET); THENCE NORTH 21°51'58" EAST, A DISTANCE OF 81.38 FEET; THENCE NORTH 02°04'06" EAST, A DISTANCE OF 91.03 FEET; THENCE NORTH 87°50'33" WEST, A DISTANCE OF 221.43 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING. SECTION 3 — BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 — LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 — COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. SECTION 6 — MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 — 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 9 — 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 10 — 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 11 — 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 12 — 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 24th day of April, 2023. Page 829 of 965 Approved by me this 24th day of April, 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 830 of 965 Attachment 4 Prepared for an Annexation, Comprehensive Plan Future Land Use Map Amendment and Rezoning Request For two properties, referenced as Parcel ID Numbers 04-3N-23-1840-0012-0080 and 09 -3N -23-0000-0011-001A. Conducted for: MH Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 Ph: 850.803.2000 Prepared for: City of Crestview Community Development Services Ph: 850.682.1560 198 Wilson St. North Crestview, FL 32536 Prepared by: the planning collaborative T P c the planning collaborative February 20, 2023 Page 831 of 965 TABLE OF CONTENTS Purpose and Introduction 3 Description of Existing Conditions 3 Figure 1. Existing Parcel Boundaries 4 Figure 2. Reference Map for Adjacent Uses 5 Table 1. Descriptions of Adjacent Uses 5 Description of Request 7 Analysis of Applicable Policies and Regulations 8 Urban Sprawl Analysis 8 Findings and Conclusion 12 EXHIBIT 1A — Crestview Future Land Use Map EXHIBIT 1B — Okaloosa Future Land Use Map EXHIBIT 2A — Crestview Zoning Map EXHIBIT 2B — Okaloosa Zoning Map EXHIBIT 3 — National Wetlands Inventory Map EXHIBIT 4 — FEMA Flood Insurance Rate Map 2 I Annexation, Future Land Use Map, and Zoning Change Page 832 of 965 PURPOSE AND INTRODUCTION This report supports a request to annex two (2) lots into the City of Crestview and amend the Crestview Future Land Use Map and Zoning Map to allow for the construction of residential uses. This request is respectfully submitted to amend the parcels to the Mixed - Use Future Land Use category and zoning district. The existing land use of the one (1) acre parcel to the north (Parcel A) is "Vacant", and the 22.28 acre parcel to the south (Parcel B) is "Vacant/Com" according to the Okaloosa County Property Appraiser.' The requests are supported herein. The analysis supplied with this application looks at the maximum residential development potential of these parcels as the request is being made to support the development of a multi -family residential complex. The consultant, the planning collaborative, reviewed, and analyzed the following documents and websites in preparation of this report and application. • The Okaloosa County Property Appraiser website data and maps • The Crestview Comprehensive Plan, as published online • The Crestview Land Development Code, as published online • Okaloosa's GIS Mapping webpage • Crestview's GIS Mapping webpage • The Federal Emergency Management Agency's flood maps • The National Wetland Inventory Online Map • FDOT Okaloosa County Functional Classifications, dated April 29, 2014 • Correspondence with various City departments, Okaloosa County School Board, and Auburn Water DESCRPTION OF EXISTING CONDITIONS This request is being made for two (2) parcels. As labeled in Figure 1, the first (Parcel A) is located to the south of Third Ave and the second (Parcel B) is located to the south of Richburg Lane. The parcel numbers are as follows, respectively: 04-3N-23-1840-0012- 0080 and 09 -3N -23-0000-0011-001A. Both combined include +/- 23.28 acres total. Parcel A is designated by the Okaloosa County Future Land Use Map as Low Density Residential (LDR) and the Okaloosa County Zoning Map as Residential 1 (R-1). Parcel B is designated by the Okaloosa County Future Land Use Map as Mixed Use (MU) and the 1 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced February 7, 2023 3 I Annexation, Future Land Use Map, and Zoning Change Page 833 of 965 Okaloosa County Zoning Map as Mixed Use (MU). Exhibits 1 and 2 include the Future Land Use Maps and Zoning Maps for Crestview and Okaloosa County. Figure 1. Existing Parcel Boundaries Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Figure 2 following depicts the location of the two parcels in relation to adjacent parcels. This graphic is considered with Table 1 to show consistency with adjacent residential uses. 4 I Annexation, Future Land Use Map, and Zoning Change Page 834 of 965 Figure 2. Reference Maps for Adjacent Uses Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Table 1 below, describes the existing uses, the Future Land Use, and Zoning assigned to the parcels within the vicinity of these properties. The map annotation refers to the numbers on Figure 2 above. Table 1. Adjacent Uses Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 1 No Ag Acre Mixed -Use (City) Mixed -Use (City) 2 Single Family Low Density Residential (County) R-1 (County) 3 (3 parcels) Single Family Low Density Residential (County) R-1 (County) 4 (2 parcels) Single Family Low Density Residential (County) R-1 (County) 5 Vacant Low Density Residential (County) R-1 (County) 6 (5 parcels) Vacant Low Density Residential (County) R-1 (County) 7 (6 parcels) Mobile Home x2 Vacant Institutional Single Family x2 Vacant Low Density Residential (County) R-1 (County) 8 (5 parcels) Vacant x3 Single Family Low Density Residential (County) R-1 (County) 5 I Annexation, Future Land Use Map, and Zoning Change Page 835 of 965 Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 9 (2 parcels) Single Family Vacant Low Density Residential (County) R-1 (County) 10 (2 parcels Vacant Commercial Warehouse Commercial (County) C-3 (County) 11 (3 parcels) Office Building x2 Single Family Mixed Use (County) x2 Commercial (City) Mixed Use (County) x2 C-2 (City) 12 (3 parcels) Vacant No Ag Acre x2 Commercial (City) x2 Mixed Use (City) C-2 (City) x2 Mixed Use (City) 13 (3 parcels) Theater/AU Vacant Commercial x2 Mixed Use (County) Mixed Use (County) 14 (8 parcels) Single Family x6 & Vacant Low Density Residential (County) R-1 (County) 15 (2 parcels) Warehouse Vacant Commercial Mixed Use (County) Mixed Use (County) 16 Vacant Low Density Residential (County) R-1 (County) Source: Okaloose County Property Appraiser, Okaloose County GIS webpage, and City of Crestview GIS webpage The current zoning of the nearby properties to Parcel A are residential to the north, east, and west with mixed use to the south. Parcel B is nearby to properties zoned mixed use residential, and commercial. The existing land uses surrounding the parcels are varied and include a mixture of uses including residential, warehousing, office buildings, a theatre, county property, and vacant commercial, residential, and institutional properties. These surrounding uses are similar in nature to the intended uses of the property: residential and commercial.2 According to the National Wetland Inventory and Crestview data, Parel A contains no wetlands while Parel B contains a portion of wetlands towards the southern boundary (Exhibit 3).3 There are no plans for development at this time, however, the applicant, in compliance with Crestview's Comprehensive Plan and Land Development Code, reserves the right to apply for appropriate permits in regard to the forthcoming site plan development. The properties are both located in a Flood Zone X, or the area outside of the Special Flood Hazard Area (Exhibit 4).4 2 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 3 U.S. Fish & Wildlife Service National Wetlands Inventory, Online Wetlands Mapper, as referenced July 19, 2022 4 Federal Emergency Management Agency, Flood Insurance Rate Map Panel No. 12091C0170J 6 I Annexation, Future Land Use Map, and Zoning Change Page 836 of 965 Both parcels are currently vacant, based on the Department of Revenue Codes assigned to the parcels as indicated by the Okaloosa County Property Appraiser.5 DESCRIPTION OF REQUEST This application is submitted to request that both parcels be amended to the Mixed Use Future Land Use category and the Mixed Use zoning district. Description of the proposed Future Land Use category and requested zoning district for the site area provided below: Future Land Use Category: Mixed Use (MU) "The Mixed -Use land use category is limited to areas that exhibit an existing or planned development patten reflecting a variety of uses, densities, and non- residential uses." MU Allowable Uses: The Comprehensive Plan describes the allowable residential uses and non-residential uses in policy. The "specific residential uses allowed in this category include single-family residential, multi -family residential, mobile home parks and mobile home subdivisions." The "specific non-residential uses include recreation uses, neighborhood and general commercial and business uses, offices, restaurants, motels, hotels and other temporary lodging facilities, clinics and medical facilities, churches and places of worship, light industrial uses when such uses do not create any adverse off -site impacts to other properties or to protected environmental resources." It is also included that "other similar uses may be allowed based on compatibility with existing nearby uses." Zoning District: Mixed Use District (MU)? "The Mixed -Use District is established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments, including retail sales, professional offices, service industries, bed - and -breakfasts, other similar uses and accompanying accessory uses." "Uses may be limited by location due to impacts and compatibility issues." 5 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 6 Crestview Comprehensive Plan, Future Land Use Element Policy 7.A.3.4(2) Crestview Land Development Regulations, Section 4.03.00 7 I Annexation, Future Land Use Map, and Zoning Change Page 837 of 965 The proposed use of the property is consistent with the above land use and zoning descriptions, as amended. Also, because the proposed development includes residential and commercial uses, and as described of the same usages as existing development within the vicinity (see Table 1), a consistent development pattern is continued with this amendment. ANALYSIS OF APPLICABLE POLICIES AND REGULATIONS Crestview Comprehensive Plan Policy 7.A.2.3 (5) states that "New mixed -use developments shall be located on or connected to collector or arterial roadways." REPONSE: These two parcels, as an addition to a previously submitted and approved mixed use land use amendment and rezoning approval, are accessible to an arterial roadway. Parcel A of this application will connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Third Avenue. Parcel B will also connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Richburg Lane, a roadway designated as "Local URBAN". Therefore, this development is consistent with the location criteria for the assignment of the category. Urban Sprawl Analysis Policy 7.A.6.5 states that "No zoning change or plan amendment shall be approved unless a finding is made that such zoning change and plan amendment will promote compact urban development and not encourage urban sprawl". RESPONSE: Because this site is located in an infill area, where City services such as transportation networks and water services exist, this change will not create an urban sprawl occurrence. Florida Statutes defines urban sprawl as: "a development pattern characterized by low density, automobile -dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses."8 8 163.3164(52), Florida Statutes (2022) 8 I Annexation, Future Land Use Map, and Zoning Change Page 838 of 965 The following 163.3177(6), F.S. analysis determines that this request does not meet that definition. 1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or single -use development or uses. RESPONSE: These parcels are a part of a larger mixed -use development that will not be low -intensity or low -density. The prosed development will include multi -family residential and commercial uses. 2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development. RESPONSE: The subject parcels are not in an area considered to be rural. Both parcels are undeveloped and will be used for housing, which supports this criterion. 3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments. RESPONSE: As previously mentioned, these two parcels are additions to a mixed use development. Both parcels are surrounded by existing uses. No radial, strip, isolated, or ribbon patterns of development will occur as a result of this amendment. 4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. RESPONSE: As shown in Exhibits 3, Parcel A contains no wetlands. Twin Creek runs into the southern portion of Parcel B, creating a wetland. No wetland impacts are projected at this time. The existing wetlands conditions are not expected to change at the time, but the applicant reserves the right to apply for the appropriate permits in regard to the forthcoming site plan development. Both properties are located in a Flood Zone C, or the area outside of the Special Flood Hazard Area (Exhibit 4). 5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils. 9 I Annexation, Future Land Use Map, and Zoning Change Page 839 of 965 RESPONSE: No agriculturally used or designated areas are within the vicinity of these parcels. 6. Fails to maximize use of existing public facilities and services. RESPONSE: Existing public facilities and services, such as the existing transportation network, solid waste collection, and water services will be sought to serve this development as they are available. 7. Fails to maximize use of future public facilities and services. RESPONSE: Any future public facilities and services will be used, as practical to the development. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. RESPONSE: Services exist in the area. The approval of this request will not disproportionately increase the cost of providing service to this development. 9. Fails to provide a clear separation between rural and urban uses. RESPONSE: The subject parcels are not in an area considered to be rural. No rural areas are adjacent to the subject parcels. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. RESPONSE: This development is considered infill development. 11. Fails to encourage a functional mix of uses. RESPONSE: As components of a larger mixed use development, the residential units in close proximity to other uses will encourage a functional mix of uses, especially as this development will provide a transition between existing commercial uses along SR 85 and Richburg Lane and those residential uses to the east and the south. 10 I Annexation, Future Land Use Map, and Zoning Change Page 840 of 965 12. Results in poor accessibility among linked or related land uses. RESPONSE: Other uses within the vicinity are easily accessible via Richburg Lane and SR 85 North. 13. Results in the loss of significant amounts of functional open space. RESPONSE: There is no functional open space currently associated with these parcels. Crestview Land Development Code Section 3.06.07 states that "An application for a rezoning shall be reviewed in accordance with the following criteria:" These criteria include: 1. Whether the proposed zoning district is consistent with the City Comprehensive Plan; RESPONSE: With the approval of the requested amendment of the Future Land Use Map to the Mixed -use category, the land use and zoning will be consistent. This criterion will be met with the approval of both amendment requests. 2. Whether the full range of uses allowed in the proposed zoning district will be compatible with existing uses in the area under consideration; RESPONSE: Although a final plan for development is not yet finalized, it is anticipated that the development will include a range of housing types, which include detached single family and attached multi -family, which will be compatible with the existing residential uses to the east and north and non-residential uses to the west and south. This criterion is met. 3. Whether the range of uses allowed in the proposed zoning district will be compatible with existing and potential uses in the area under consideration; RESPONSE: As indicated by Section 4.03.00(B), the Mixed -use District is (in part) "established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments... Each parcel, lot, tract or other division of land may contain multiple single- and multi -family dwellings according to the density allowed by the size of each piece of land." Therefore, this criterion is met since a multi -family use is considered allowable. 11 I Annexation, Future Land Use Map, and Zoning Change Page 841 of 965 4. Whether the proposed zoning district will serve a community need or broader public purpose; RESPONSE: The development of multi -family housing will serve the need for additional housing within the community, which also serves the need for Eglin Air Force Base. This criterion is met. 5. To ensure there are not multiple zoning districts assigned to one parcel. Except if secondary zoning is Conservation (E), designated on a plat or development plans as a parcel or easement of conservation or jurisdictional wetlands; RESPONSE: With the approval of proposed Future Land Use Map amendment and rezoning, each parcel will be designated with only one zoning district. This criterion is met. 6. The characteristics of the proposed rezoning area are suitable for the uses permitted in the proposed zoning district; and RESPONSE: As indicated above, the rezoning allows for multi -family uses, which is a portion of the anticipated development of these parcels. Additional housing types are planned as part of the development. This criterion is met. Additionally, the location for this use is ideal, as a transitional use between more intense commercial and less intense single-family uses. 7. Whether a zoning district other than the district requested will create fewer potential adverse impacts to existing uses in the surrounding area. RESPONSE: The requested zoning district is actually less intense than the existing Okaloosa County Mixed Use zoning assigned for Parcel B. Therefore, the reduction of adverse impacts to the adjacent residential uses surrounding this parcel will be beneficial with the assignment of the requested category. The redesignation of Parcel A will be consistent with the larger parcel which was recently annexed and amended to the City's Mixed Use Future Land Use category. FINDINGS AND CONCLUSIONS The amendment of the Comprehensive Plan and zoning designations for these properties will be compatible with the existing surrounding development. The proposed amendment will not result in any land use conflicts with the existing uses. No adverse impacts will be generated such as unordinary noise, smoke, exhaust, emissions, dust, adverse lighting, 12 I Annexation, Future Land Use Map, and Zoning Change Page 842 of 965 vibrations, or odors that would be detrimental to the existing surrounding uses or would otherwise disturb the quiet enjoyment of nearby residents. Additionally, the proposed amendment is consistent with and furthers the Goals, Objectives, and Policies of the Crestview Comprehensive Plan, and complies with the adopted requirements of the City's Land Development Regulations. The designation of these properties as Mixed -use will not create a condition that will negatively impact the nearby residential uses over time and will provide a transitional tier form intense uses to less intense uses within the vicinity. 13 I Annexation, Future Land Use Map, and Zoning Change Page 843 of 965 Exhibit 1A - Crestview Future Land Use Map 1:9,028 0 0.05 0.1 2/17/2023, 2:09:10 PM Future Land Use Residential (R) Mixed Use (MU) Commercial (C) 2019 Aerial Clip.tif Public Lands (PL) • Red: Band_1 P Green: Band 2 Maxar 0.2 mi 0 0.1 0.2 0.4 km Earl"d °8212N 965 Exhibit 1B - Okaloosa Future Land Use Map I:1<<.I0)1(-)t ', 1:9,028 0 0.075 0.15 0.3 mi A1/E- II m CA RV RAVE February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE STATE ROADS COUNTY ROADS SECONDARY ROADS 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Page, 845 anf4965 Exhibit 2A - Crestview Zoning Map 2/17/2023, 2:40:15 PM 2019 Aerial Clip.tif Red: Band_1 ❑ Green: Band_2 Maxar 0 0.05 0.1 0 0.1 0.2 mi 0.2 0.4 km Ea r'cl aLle f 965 Exhibit 2B - Okaloosa Zoning Map 1:9,028 0 0.075 0.15 0.3 mi February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE p CARVER,AVE STATE ROADS COUNTY ROADS SECONDARY ROADS 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Page, 84 a9f4965 U.S. Fish and Wildlife Service February 17, 2023 Wetlands 1 Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond • Exhibit 3 Lake Other Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produceRager'4$aQf r965 National Flood Hazard Layer FIRMette FEMA Legend 86°33'44"W 30°47'7"N Feet 86°33'7"W 30°46'36"N 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 1:6,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS Q 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x Future Conditions 1% Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to Levee. See Notes. Zone X Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zonex Effective LOMRs Area of Undetermined Flood Hazard Zone D - -- - - Channel, Culvert, or Storm Sewer 1 1 1 1 1 1 1 Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance t� s Water Surface Elevation 8 — — — Coastal Transect ^-^^-5fa•^^^^. Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/20/2023 at 1:15 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Page 849 of 965 uIJ'"- ■■■ Vicinity Map _ ■ 0 DL BETHEL•RD k II N • JRPORT•RD r ■ Not to Scale c Subject Parcel(s) m 1 1Ii. ak......ar IBM _ �� __� I lik■ J .: ■ ■ _,„ 1 1� ■■■■■ '11 1 lia t� III r ■ m Nr.-- .- /gMFS,IF i .♦♦ I PREPARED BY CITY OF CRESTVIEW FBIV � �� -� ♦ 10541'•EE'84 i� _ ,, • ■ �. � JQMES,C/ _ E EBLVD'E ' COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE V , ill ■ U.S. SURVEY FEET D-wnr, PR(1 ,-f ()PR Existing Use Richburg Parcel N A ] 150 300 Feet Legend 1.1 Subject Parcel Q City Limits Existing Use Churches County Manufactured Home Minderal Pr Mobile Home Multi -Family Municipal No AG Acre Office Building Restaurant Single Family Theater/Au Vacant Institutional Vacant Vacant Commercial Vacant/Commercial Warehouse Page 851 of 965 �,- _ � _i 'v � . Current FLU Richburg Parcel N a RICHBURG 1.N- ►- W c Y 0 150 300 Feet N\ Legend Subject Parcel SOLES LN City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) LIVINGSTON_ST County Future Land Use Commercial (C) Institutional (INST) Low Density Residential (LDR) SECOND AVE NE Mixed Use (MU) ■ L Q CARVER AVE m PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, PR') ,-f ()PR Q Current Zoning Richburg Parcel O O W . k N a Q RICORG �N- :7-c A 0 150 300 Feet if-. o =I N\ Legend Subject Parcel City Limits _________________, City Zoning SOLES LN Single Family Estate Dwelling District (R - 1E) I- Single Family Low Density District (R-1) I Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) LIVINGSTON ST Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) SECOND AVE NE Mixed Use (MU) — General Commercial (C-3) Institutional (INST) N ce a CARVER AVE co Rm. PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno 5:2 '1 of cs FOURTH AVE NE THIRD AVE 1 r W cell Existing Use Third Ave. Parcel N A 0 150 300 Feet Legend Subject Parcel City Limits Existing Use MI Financial Gym/Fitness Municipal No AG Acre Office Building Restaurant Service Shop Single Family Stores Supermarket Utilities Vacant Vacant Commercial Vacant/Commercial Vehicle Sale Warehouse Page 854 of 965 o FOURTH AVE NE - 1 Current FLU Third Ave. Parcel N 0 150 300 Feet 0 cz,W Legend 41. Subject Parcel H THIRD AVE City Limits o N City Future Land Use Commercial (C) 11, Z Q Ci Industrial (IN) 144 Mixed Use (MU) la— ■ _ Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low Density Residential (LDR) Mixed Use (MU) I -- _— PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, S2r ,-,1 ()PR 1 Current Zoning Third Ave. Parcel N FOURTH AVE NE 0 150 300 Feet m 0 Q Legend Subject Parcel 4 O M City Limits Q Zoning I THIRD AVE City Single Family Estate Dwelling District (R- F— 1 E) Lel Single Family Low Density District (R-1) el ce ua m Single Family Medium Density District (R - O — u_ 2) p Single and Multi -Family Dwelling District (R-3) = Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno 5:2= of cs IIii 1THIRD.AvE Proposed `' •, THIRD.AVE Future Land Use ,m o '� H N ft , A m _ 0 225 450 LI o Feet a u_ HAMMOCK, RD = - Legend Subject Parcel -,- Q V I City Limits -PARK LN p— Future Land Use mrW I a City = v Commercial (C) IP Industrial (IN) I L~—+ Mixed Use (MU) w Q Conservation (CON) R�CtIgARGIN II Q Public Lands (PL) Q Residential (R) hill H County ir Future Land Use . — S LN . Commercial (C) II I Institutional (INST) I Low Density Residential (LDR) Mixed Use (MU) II 2/JONES.RD AVELIVINGSTON _WISTERIA ST I I PROSP I PREPARED BY CITY OF CRESTVIEW Z _ COMMUNITY DEVELOPMENT SERVICES Y _SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY I I OKALOOSA COUNTY GIS DEPARTMENT ce NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE�� I 1 U.S. SURVEY FEET H D-,nr, 5587 ,-f ()PR iijj 'fl 1 F ■HIRD.AVE Proposed `' •., THIRD.AVE Zoning 'o N W - 144 NI I A 0 225 450 N Feet m o w a HAMMOCK RD u_ Legend Subject Parcel City Limits CI Q City Zoning —PARK.LN Z Single Family Estate Dwelling District .s c c.s J (R -1E) = W Q W Single Family Low Density District (R-1) v . Single Family Medium Density District ,_ IL' ' f- �-' (R-2) Single and Multi -Family Dwelling R�CHBURG LN (R-3) III j " c District Mixed Use (MU) C Commercial (C-1) v ■ (C-2) lir Commercial _ c~' Industrial (IN) JONES. RD 0 `„ Public Lands (P) SOLES.LN Conservation (E) 1 County Zoning Residential -1 (R-1) 1 1 1I Mixed Use . -1 WISTERIA AVE (MU) - General Commercial (C-3) Institutional (INST) LIVINGSTON ST I PROSPECT RD . " " 1 11 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES im L., SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY ,."'■ .■ OKALOOSA COUNTY GIS DEPARTMENT ce °O NMI I NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE ■.� U.S. SURVEY FEET �—�mu �- Deno StGS2 of cs CITY OF CRESTVIEW Item # 7.6. Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/17/2023 Ordinance 1926 - Richburg Lane and Third Avenue Comp Plan Amendment BACKGROUND: On February 27, 2023 staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Third Avenue and at 2828 Richburg Lane. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential & Mixed Use and Residential -1 & Mixed Use, respectively. The application requests the Mixed Use (MU) future land use designation for the property. On April 3, 2023, the Planning and Development Board recommended Ordinance 1926 not be approved. The first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: MH Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 04-3N-23-1840-0012-0080 09 -3N -23-0000-0011-001A 23.28 acres Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Third Avenue Parcel Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential South Mixed Use (MU) Mixed Use (MU) Vacant Page 859 of 965 (West Okaloosa County Low Density Okaloosa County Residential -1 Residential Residential Richburg Parcel Direction FLU Zoning Existing Use North Commercial (C) & Mixed Use (MU) Commercial High -Intensity District (C-2) & Mixed Use (MU) Commercial & Vacant East Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Residential & Commercial South Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential & Vacant West Okaloosa County Commercial, Low Density Residential & Mixed Use Okaloosa County General Commercia, Residential -1 & Mixed Use Commercial, Residential & Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for residential or low -intensity commercial 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 March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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. Page 860 of 965 FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1926 on second reading. Attachments 1. Attachment 4 MH annex land rezone 2. Exhibit Packet Page 861 of 965 ORDINANCE: 1926 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 OKALOOSA COUNTY LOW DENSITY RESIDENTIAL AND MIXED USE TO MIXED USE (MU) ON APPROXIMATELY 23.28 ACRES, MORE OR LESS, IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND IN SECTION 9, 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 Okaloosa County Low Density Residential and Mixed Use to Mixed Use (MU) on a parcel of land containing 23.28 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 23.28 acres of land, more or less, from Okaloosa County Low Density Residential and Mixed Use to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 23.28 acres, more or less, is known as Parcel 04-3N-23- 1840-0012-0080 and Parcel 09 -3N -23-0000-0011-001A and commonly described as: PIN # 04-3N-23-1840-0012-0080 LOT 8, BLOCK 12, OAKDALE MINIATURE FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 129, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. PIN # 09 -3N -23-0000-0011-001A Page 862 of 965 A PARCEL OF LAND LOCATED IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION), MARKING THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED SOUTH 02°08'22" WEST, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF RICHBOURG LANE AND THE POINT OF BEGINNING; THENCE, ALONG SAID RIGHT OF WAY LINE, SOUTH 64°11'04" EAST, A DISTANCE OF 232.86 FEET; THENCE SOUTH 66°25'43" EAST, A DISTANCE OF 114.49 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE, DEPARTING SAID SOUTH RIGHT OF WAY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 105°02'50", A DISTANCE OF 45.84 FEET (CHORD=BEARING SOUTH 54°35'35" WEST, CHORD=39.68 FEET); THENCE SOUTH 02°04'10" WEST, A DISTANCE OF 141.69 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 183.00 FEET ; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°26'46", A DISTANCE OF 97.24 FEET (CHORD BEARING=SOUTH 17°17'33" WEST, CHORD LENGTH=96.10 FEET), TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°40'41" A DISTANCE OF 25.48 FEET (CHORD BEARING=SOUTH 26°40'35" WEST, CHORD=25.43 FEET); THENCE SOUTH 56°55'44" EAST, A DISTANCE OF 25.85 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°47'25", A DISTANCE OF 15.50 FEET (CHORD BEARING=SOUTH 12°3T01" EAST, CHORD=13.99 FEET); THENCE SOUTH 31°51'41" WEST, A DISTANCE OF 10.61 FEET; THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 35.10 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 3.14 FEET (CHORD BEARING=SOUTH 16°42'35" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 12.00 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 3.14 FEET (CHORD BEARING=NORTH 73°17'25" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 11.14 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°58'29", A DISTANCE OF 7.24 FEET (CHORD BEARING=SOUTH 20°13'21" EAST, CHORD=6.62 FEET); THENCE SOUTH 27°53'02" WEST, A DISTANCE OF 5.29 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 15.81 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°20'26", A DISTANCE OF 13.62 FEET (CHORD BEARING=SOUTH 45°05'48" EAST, CHORD=13.20 FEET), TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 22.98 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°41'12", A DISTANCE OF 2.28 FEET (CHORD BEARING=SOUTH 23°16'09" EAST, CHORD=2.28 FEET); THENCE SOUTH 27°34'34" WEST, A DISTANCE OF 44.53 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 11.99 FEET; THENCE NORTH 28°17'25" EAST, A DISTANCE OF 1.00 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 30.68 FEET; THENCE SOUTH 28°17'25" WEST, A DISTANCE OF 16.56 Page 863 of 965 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°47'27", A DISTANCE OF 108.63 FEET (CHORD BEARING=SOUTH 62°57'51" EAST, CHORD=105.24 FEET) THENCE SOUTH 87°51'34" EAST, A DISTANCE OF 472.22 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 360.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°41'43", A DISTANCE OF 111.18 FEET (CHORD BEARING=SOUTH 79°00'42" EAST, CHORD=110.74 FEET); THENCE NORTH 02°04'10" EAST, A DISTANCE OF 333.44 FEET; THENCE SOUTH 77°01'33" EAST, A DISTANCE OF 219.60 FEET; THENCE NORTH 03°57'38" WEST, A DISTANCE OF 282.20 FEET; THENCE NORTH 81°44'56" EAST, A DISTANCE OF 176.86 FEET; THENCE SOUTH 02°04'06" WEST, A DISTANCE OF 1251.48 FEET; THENCE NORTH 88°17'57" WEST, A DISTANCE OF 1105.06 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 690.59 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 136.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°58'44", A DISTANCE OF 54.54 FEET (CHORD BEARING=NORTH 09°21'00" WEST, CHORD=54.18 FEET), TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 185.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°42'20", A DISTANCE OF 137.89 FEET (CHORD BEARING=NORTH 00°30'48" EAST, CHORD=134.72 FEET); THENCE NORTH 21°51'58" EAST, A DISTANCE OF 81.38 FEET; THENCE NORTH 02°04'06" EAST, A DISTANCE OF 91.03 FEET; THENCE NORTH 87°50'33" WEST, A DISTANCE OF 221.43 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 04-3N-23-1840-0012-0080 and Parcel 09-3N-23-0000-0011-OO1A. 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 04-3N-23-1840-0012-0080 and Parcel 09 -3N -23-0000-0011-001A 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. Page 864 of 965 Passed and adopted on second reading by the City Council of Crestview, Florida on the 24th day of April, 2023. Approved by me this 24th day of April, 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 865 of 965 99640 999 a6ed TH/RDAv ■ Adopted . .. THIRD . AVE - Future Land Use m a ■ ,� N . 1 / 0 225 450 ali l'-^ o I ;� Feet HAMMOCK,Rb ,� ILL"- Legend Subject Parcel -r/23:: c ::1 City Li mits ,r-PARK-LN - - City Future Land Use � Commercial (C) TiIndustrial (IN) RIO -1810i% -L c,-..7-t. Mixed Use (MU) 'J a Conservation (CON) Public Lands (PL) d � — 1 Residential (R) ' I�'-'"--------) .. \ I. County Future Land Use JONES.RD SOLES.LN Commercial (C) I I I ` I Institutional (INST) Low Density Residential (LDR) I Mixed Use (MU) ' . _WISTERIA AVE LIVINGSTON ST PROSPECTIRD "' PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY r_SECOND .AVE.NE ;.:2 + OKALOOSA COUNTY GIS DEPARTMENT CARVER. —� NAD 1983 STATE PLANE, NORTH ZONE AVE —!T�" I l ---J I I 1 U.S . SURVEY FEET Attachment 4 Prepared for an Annexation, Comprehensive Plan Future Land Use Map Amendment and Rezoning Request For two properties, referenced as Parcel ID Numbers 04-3N-23-1840-0012-0080 and 09 -3N -23-0000-0011-001A. Conducted for: MH Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 Ph: 850.803.2000 Prepared for: City of Crestview Community Development Services Ph: 850.682.1560 198 Wilson St. North Crestview, FL 32536 Prepared by: the planning collaborative T P c the planning collaborative February 20, 2023 Page 867 of 965 TABLE OF CONTENTS Purpose and Introduction 3 Description of Existing Conditions 3 Figure 1. Existing Parcel Boundaries 4 Figure 2. Reference Map for Adjacent Uses 5 Table 1. Descriptions of Adjacent Uses 5 Description of Request 7 Analysis of Applicable Policies and Regulations 8 Urban Sprawl Analysis 8 Findings and Conclusion 12 EXHIBIT 1A — Crestview Future Land Use Map EXHIBIT 1B — Okaloosa Future Land Use Map EXHIBIT 2A — Crestview Zoning Map EXHIBIT 2B — Okaloosa Zoning Map EXHIBIT 3 — National Wetlands Inventory Map EXHIBIT 4 — FEMA Flood Insurance Rate Map 2 I Annexation, Future Land Use Map, and Zoning Change Page 868 of 965 PURPOSE AND INTRODUCTION This report supports a request to annex two (2) lots into the City of Crestview and amend the Crestview Future Land Use Map and Zoning Map to allow for the construction of residential uses. This request is respectfully submitted to amend the parcels to the Mixed - Use Future Land Use category and zoning district. The existing land use of the one (1) acre parcel to the north (Parcel A) is "Vacant", and the 22.28 acre parcel to the south (Parcel B) is "Vacant/Com" according to the Okaloosa County Property Appraiser.' The requests are supported herein. The analysis supplied with this application looks at the maximum residential development potential of these parcels as the request is being made to support the development of a multi -family residential complex. The consultant, the planning collaborative, reviewed, and analyzed the following documents and websites in preparation of this report and application. • The Okaloosa County Property Appraiser website data and maps • The Crestview Comprehensive Plan, as published online • The Crestview Land Development Code, as published online • Okaloosa's GIS Mapping webpage • Crestview's GIS Mapping webpage • The Federal Emergency Management Agency's flood maps • The National Wetland Inventory Online Map • FDOT Okaloosa County Functional Classifications, dated April 29, 2014 • Correspondence with various City departments, Okaloosa County School Board, and Auburn Water DESCRPTION OF EXISTING CONDITIONS This request is being made for two (2) parcels. As labeled in Figure 1, the first (Parcel A) is located to the south of Third Ave and the second (Parcel B) is located to the south of Richburg Lane. The parcel numbers are as follows, respectively: 04-3N-23-1840-0012- 0080 and 09 -3N -23-0000-0011-001A. Both combined include +/- 23.28 acres total. Parcel A is designated by the Okaloosa County Future Land Use Map as Low Density Residential (LDR) and the Okaloosa County Zoning Map as Residential 1 (R-1). Parcel B is designated by the Okaloosa County Future Land Use Map as Mixed Use (MU) and the 1 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced February 7, 2023 3 I Annexation, Future Land Use Map, and Zoning Change Page 869 of 965 Okaloosa County Zoning Map as Mixed Use (MU). Exhibits 1 and 2 include the Future Land Use Maps and Zoning Maps for Crestview and Okaloosa County. Figure 1. Existing Parcel Boundaries Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Figure 2 following depicts the location of the two parcels in relation to adjacent parcels. This graphic is considered with Table 1 to show consistency with adjacent residential uses. 4 I Annexation, Future Land Use Map, and Zoning Change Page 870 of 965 Figure 2. Reference Maps for Adjacent Uses Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Table 1 below, describes the existing uses, the Future Land Use, and Zoning assigned to the parcels within the vicinity of these properties. The map annotation refers to the numbers on Figure 2 above. Table 1. Adjacent Uses Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 1 No Ag Acre Mixed -Use (City) Mixed -Use (City) 2 Single Family Low Density Residential (County) R-1 (County) 3 (3 parcels) Single Family Low Density Residential (County) R-1 (County) 4 (2 parcels) Single Family Low Density Residential (County) R-1 (County) 5 Vacant Low Density Residential (County) R-1 (County) 6 (5 parcels) Vacant Low Density Residential (County) R-1 (County) 7 (6 parcels) Mobile Home x2 Vacant Institutional Single Family x2 Vacant Low Density Residential (County) R-1 (County) 8 (5 parcels) Vacant x3 Single Family Low Density Residential (County) R-1 (County) 5 I Annexation, Future Land Use Map, and Zoning Change Page 871 of 965 Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 9 (2 parcels) Single Family Vacant Low Density Residential (County) R-1 (County) 10 (2 parcels Vacant Commercial Warehouse Commercial (County) C-3 (County) 11 (3 parcels) Office Building x2 Single Family Mixed Use (County) x2 Commercial (City) Mixed Use (County) x2 C-2 (City) 12 (3 parcels) Vacant No Ag Acre x2 Commercial (City) x2 Mixed Use (City) C-2 (City) x2 Mixed Use (City) 13 (3 parcels) Theater/AU Vacant Commercial x2 Mixed Use (County) Mixed Use (County) 14 (8 parcels) Single Family x6 & Vacant Low Density Residential (County) R-1 (County) 15 (2 parcels) Warehouse Vacant Commercial Mixed Use (County) Mixed Use (County) 16 Vacant Low Density Residential (County) R-1 (County) Source: Okaloose County Property Appraiser, Okaloose County GIS webpage, and City of Crestview GIS webpage The current zoning of the nearby properties to Parcel A are residential to the north, east, and west with mixed use to the south. Parcel B is nearby to properties zoned mixed use residential, and commercial. The existing land uses surrounding the parcels are varied and include a mixture of uses including residential, warehousing, office buildings, a theatre, county property, and vacant commercial, residential, and institutional properties. These surrounding uses are similar in nature to the intended uses of the property: residential and commercial.2 According to the National Wetland Inventory and Crestview data, Parel A contains no wetlands while Parel B contains a portion of wetlands towards the southern boundary (Exhibit 3).3 There are no plans for development at this time, however, the applicant, in compliance with Crestview's Comprehensive Plan and Land Development Code, reserves the right to apply for appropriate permits in regard to the forthcoming site plan development. The properties are both located in a Flood Zone X, or the area outside of the Special Flood Hazard Area (Exhibit 4).4 2 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 3 U.S. Fish & Wildlife Service National Wetlands Inventory, Online Wetlands Mapper, as referenced July 19, 2022 4 Federal Emergency Management Agency, Flood Insurance Rate Map Panel No. 12091C0170J 6 I Annexation, Future Land Use Map, and Zoning Change Page 872 of 965 Both parcels are currently vacant, based on the Department of Revenue Codes assigned to the parcels as indicated by the Okaloosa County Property Appraiser.5 DESCRIPTION OF REQUEST This application is submitted to request that both parcels be amended to the Mixed Use Future Land Use category and the Mixed Use zoning district. Description of the proposed Future Land Use category and requested zoning district for the site area provided below: Future Land Use Category: Mixed Use (MU) "The Mixed -Use land use category is limited to areas that exhibit an existing or planned development patten reflecting a variety of uses, densities, and non- residential uses." MU Allowable Uses: The Comprehensive Plan describes the allowable residential uses and non-residential uses in policy. The "specific residential uses allowed in this category include single-family residential, multi -family residential, mobile home parks and mobile home subdivisions." The "specific non-residential uses include recreation uses, neighborhood and general commercial and business uses, offices, restaurants, motels, hotels and other temporary lodging facilities, clinics and medical facilities, churches and places of worship, light industrial uses when such uses do not create any adverse off -site impacts to other properties or to protected environmental resources." It is also included that "other similar uses may be allowed based on compatibility with existing nearby uses." Zoning District: Mixed Use District (MU)? "The Mixed -Use District is established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments, including retail sales, professional offices, service industries, bed - and -breakfasts, other similar uses and accompanying accessory uses." "Uses may be limited by location due to impacts and compatibility issues." 5 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 6 Crestview Comprehensive Plan, Future Land Use Element Policy 7.A.3.4(2) Crestview Land Development Regulations, Section 4.03.00 7 I Annexation, Future Land Use Map, and Zoning Change Page 873 of 965 The proposed use of the property is consistent with the above land use and zoning descriptions, as amended. Also, because the proposed development includes residential and commercial uses, and as described of the same usages as existing development within the vicinity (see Table 1), a consistent development pattern is continued with this amendment. ANALYSIS OF APPLICABLE POLICIES AND REGULATIONS Crestview Comprehensive Plan Policy 7.A.2.3 (5) states that "New mixed -use developments shall be located on or connected to collector or arterial roadways." REPONSE: These two parcels, as an addition to a previously submitted and approved mixed use land use amendment and rezoning approval, are accessible to an arterial roadway. Parcel A of this application will connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Third Avenue. Parcel B will also connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Richburg Lane, a roadway designated as "Local URBAN". Therefore, this development is consistent with the location criteria for the assignment of the category. Urban Sprawl Analysis Policy 7.A.6.5 states that "No zoning change or plan amendment shall be approved unless a finding is made that such zoning change and plan amendment will promote compact urban development and not encourage urban sprawl". RESPONSE: Because this site is located in an infill area, where City services such as transportation networks and water services exist, this change will not create an urban sprawl occurrence. Florida Statutes defines urban sprawl as: "a development pattern characterized by low density, automobile -dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses."8 8 163.3164(52), Florida Statutes (2022) 8 I Annexation, Future Land Use Map, and Zoning Change Page 874 of 965 The following 163.3177(6), F.S. analysis determines that this request does not meet that definition. 1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or single -use development or uses. RESPONSE: These parcels are a part of a larger mixed -use development that will not be low -intensity or low -density. The prosed development will include multi -family residential and commercial uses. 2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development. RESPONSE: The subject parcels are not in an area considered to be rural. Both parcels are undeveloped and will be used for housing, which supports this criterion. 3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments. RESPONSE: As previously mentioned, these two parcels are additions to a mixed use development. Both parcels are surrounded by existing uses. No radial, strip, isolated, or ribbon patterns of development will occur as a result of this amendment. 4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. RESPONSE: As shown in Exhibits 3, Parcel A contains no wetlands. Twin Creek runs into the southern portion of Parcel B, creating a wetland. No wetland impacts are projected at this time. The existing wetlands conditions are not expected to change at the time, but the applicant reserves the right to apply for the appropriate permits in regard to the forthcoming site plan development. Both properties are located in a Flood Zone C, or the area outside of the Special Flood Hazard Area (Exhibit 4). 5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils. 9 I Annexation, Future Land Use Map, and Zoning Change Page 875 of 965 RESPONSE: No agriculturally used or designated areas are within the vicinity of these parcels. 6. Fails to maximize use of existing public facilities and services. RESPONSE: Existing public facilities and services, such as the existing transportation network, solid waste collection, and water services will be sought to serve this development as they are available. 7. Fails to maximize use of future public facilities and services. RESPONSE: Any future public facilities and services will be used, as practical to the development. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. RESPONSE: Services exist in the area. The approval of this request will not disproportionately increase the cost of providing service to this development. 9. Fails to provide a clear separation between rural and urban uses. RESPONSE: The subject parcels are not in an area considered to be rural. No rural areas are adjacent to the subject parcels. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. RESPONSE: This development is considered infill development. 11. Fails to encourage a functional mix of uses. RESPONSE: As components of a larger mixed use development, the residential units in close proximity to other uses will encourage a functional mix of uses, especially as this development will provide a transition between existing commercial uses along SR 85 and Richburg Lane and those residential uses to the east and the south. 10 I Annexation, Future Land Use Map, and Zoning Change Page 876 of 965 12. Results in poor accessibility among linked or related land uses. RESPONSE: Other uses within the vicinity are easily accessible via Richburg Lane and SR 85 North. 13. Results in the loss of significant amounts of functional open space. RESPONSE: There is no functional open space currently associated with these parcels. Crestview Land Development Code Section 3.06.07 states that "An application for a rezoning shall be reviewed in accordance with the following criteria:" These criteria include: 1. Whether the proposed zoning district is consistent with the City Comprehensive Plan; RESPONSE: With the approval of the requested amendment of the Future Land Use Map to the Mixed -use category, the land use and zoning will be consistent. This criterion will be met with the approval of both amendment requests. 2. Whether the full range of uses allowed in the proposed zoning district will be compatible with existing uses in the area under consideration; RESPONSE: Although a final plan for development is not yet finalized, it is anticipated that the development will include a range of housing types, which include detached single family and attached multi -family, which will be compatible with the existing residential uses to the east and north and non-residential uses to the west and south. This criterion is met. 3. Whether the range of uses allowed in the proposed zoning district will be compatible with existing and potential uses in the area under consideration; RESPONSE: As indicated by Section 4.03.00(B), the Mixed -use District is (in part) "established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments... Each parcel, lot, tract or other division of land may contain multiple single- and multi -family dwellings according to the density allowed by the size of each piece of land." Therefore, this criterion is met since a multi -family use is considered allowable. 11 I Annexation, Future Land Use Map, and Zoning Change Page 877 of 965 4. Whether the proposed zoning district will serve a community need or broader public purpose; RESPONSE: The development of multi -family housing will serve the need for additional housing within the community, which also serves the need for Eglin Air Force Base. This criterion is met. 5. To ensure there are not multiple zoning districts assigned to one parcel. Except if secondary zoning is Conservation (E), designated on a plat or development plans as a parcel or easement of conservation or jurisdictional wetlands; RESPONSE: With the approval of proposed Future Land Use Map amendment and rezoning, each parcel will be designated with only one zoning district. This criterion is met. 6. The characteristics of the proposed rezoning area are suitable for the uses permitted in the proposed zoning district; and RESPONSE: As indicated above, the rezoning allows for multi -family uses, which is a portion of the anticipated development of these parcels. Additional housing types are planned as part of the development. This criterion is met. Additionally, the location for this use is ideal, as a transitional use between more intense commercial and less intense single-family uses. 7. Whether a zoning district other than the district requested will create fewer potential adverse impacts to existing uses in the surrounding area. RESPONSE: The requested zoning district is actually less intense than the existing Okaloosa County Mixed Use zoning assigned for Parcel B. Therefore, the reduction of adverse impacts to the adjacent residential uses surrounding this parcel will be beneficial with the assignment of the requested category. The redesignation of Parcel A will be consistent with the larger parcel which was recently annexed and amended to the City's Mixed Use Future Land Use category. FINDINGS AND CONCLUSIONS The amendment of the Comprehensive Plan and zoning designations for these properties will be compatible with the existing surrounding development. The proposed amendment will not result in any land use conflicts with the existing uses. No adverse impacts will be generated such as unordinary noise, smoke, exhaust, emissions, dust, adverse lighting, 12 I Annexation, Future Land Use Map, and Zoning Change Page 878 of 965 vibrations, or odors that would be detrimental to the existing surrounding uses or would otherwise disturb the quiet enjoyment of nearby residents. Additionally, the proposed amendment is consistent with and furthers the Goals, Objectives, and Policies of the Crestview Comprehensive Plan, and complies with the adopted requirements of the City's Land Development Regulations. The designation of these properties as Mixed -use will not create a condition that will negatively impact the nearby residential uses over time and will provide a transitional tier form intense uses to less intense uses within the vicinity. 13 I Annexation, Future Land Use Map, and Zoning Change Page 879 of 965 Exhibit 1A - Crestview Future Land Use Map 1:9,028 0 0.05 0.1 2/17/2023, 2:09:10 PM Future Land Use Commercial (C) 2019 Aerial Clip.tif Residential (R) Mixed Use (MU) Public Lands (PL) El Red: Band_1 0 Green: Band_2 Maxar 0.2 mi 0 0.1 0.2 i 0.4 km Ear 8180 f 965 Exhibit 1B - Okaloosa Future Land Use Map 1:9,028 0 0.075 0.15 0.3 mi February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE STATE ROADS COUNTY ROADS SECONDARY ROADS CARVER,AVE 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Pag®I8iigra9f4965 Exhibit 2A - Crestview Zoning Map 2/17/2023, 2:40:15 PM 2019 Aerial Clip.tif • Red: Band_1 ❑ Green: Band_2 Maxar 0 0.05 0.1 0 0.1 0.2 0.2 mi .I i 0.4 km EarWV/52'5M 965 Exhibit 2B - Okaloosa Zoning Map 1:9,028 0 0.075 0.15 0.3 mi February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE p CARVER,AVE STATE ROADS COUNTY ROADS SECONDARY ROADS 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Page48,8eanf4965 U.S. Fish and Wildlife Service February 17, 2023 Wetlands 1 Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond • Exhibit 3 Lake Other Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produceRage1684aQf r965 National Flood Hazard Layer FIRMette FEMA Legend 86°33'44"W 30°47'7"N Feet 86°33'7"W 30°46'36"N 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 1:6,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS Q 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x Future Conditions 1% Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to Levee. See Notes. Zone X Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zonex Effective LOMRs Area of Undetermined Flood Hazard Zone D - -- - - Channel, Culvert, or Storm Sewer 1 1 1 1 1 1 1 Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance t� s Water Surface Elevation 8 — — — Coastal Transect ^-^^-5fa•^^^^. Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/20/2023 at 1:15 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Page 885 of 965 uIJ'"- ■■■ Vicinity Map _ ■ 0 DL BETHEL•RD k II N • JRPORT•RD r ■ Not to Scale c Subject Parcel(s) m o 1 1Ii. .. '/' .,ar _ �� __� I lik■ J .: ■ ■ _,„ 1 1� ■■■■■ '11 1 lia t� III r ■ m Nr.-- .- /gMFS,IF i .♦♦ I PREPARED BY CITY OF CRESTVIEW FBIV � �� -� ♦ 10541'•EE'84 i� _ ,, • ■ �. � JQMES,C/ _ E EBLVD'E ' COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE V , ill ■ U.S. SURVEY FEET D-wnr, AAF ,-f ()PR Existing Use Richburg Parcel N A ] 150 300 Feet Legend 1.1 Subject Parcel Q City Limits Existing Use Churches County Manufactured Home Minderal Pr Mobile Home Multi -Family Municipal No AG Acre Office Building Restaurant Single Family Theater/Au Vacant Institutional Vacant Vacant Commercial Vacant/Commercial Warehouse Page 887 of 965 �,- _ � _i 'v � . Current FLU Richburg Parcel N a RICHBURG 1.N- ►- W c Y 0 150 300 Feet N\ Legend Subject Parcel SOLES LN City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) LIVINGSTON_ST County Future Land Use Commercial (C) Institutional (INST) Low Density Residential (LDR) SECOND AVE NE Mixed Use (MU) ■ L Q CARVER AVE m PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, 52PQ ,-f ()PR Q Current Zoning Richburg Parcel O O W . k N a Q RICORG �N- :7-c A 0 150 300 Feet if-. o =I N\ Legend Subject Parcel City Limits _________________, City Zoning SOLES LN Single Family Estate Dwelling District (R - 1E) I- Single Family Low Density District (R-1) I Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C- ) Commercial (C-22) Industrial (IN) LIVINGSTON ST Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) SECOND AVE NE Mixed Use (MU) — General Commercial (C-3) Institutional (INST) N ce a CARVER AVE co Rm. PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno QQQ of cs FOURTH AVE NE THIRD AVE 1 r W cell Existing Use Third Ave. Parcel N A 0 150 300 Feet Legend Subject Parcel City Limits Existing Use MI Financial Gym/Fitness Municipal No AG Acre Office Building Restaurant Service Shop Single Family Stores Supermarket Utilities Vacant Vacant Commercial Vacant/Commercial Vehicle Sale Warehouse Page 890 of 965 o FOURTH AVE NE - 1 Current FLU Third Ave. Parcel N 0 150 300 Feet 0 cz,W Legend 41. Subject Parcel H THIRD AVE City Limits o N City Future Land Use Commercial (C) 11, Z Q Ci Industrial (IN) 144 Mixed Use (MU) la— ■ _ Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low Density Residential (LDR) Mixed Use (MU) I -- _— PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, Pal ,-f ()PR 1 Current Zoning Third Ave. Parcel N FOURTH AVE NE 0 150 300 Feet m 0 Q Legend Subject Parcel 4 O M City Limits Q Zoning I THIRD AVE City Single Family Estate Dwelling District (R- F— 1 E) Lel Single Family Low Density District (R-1) el ce ua m Single Family Medium Density District (R - O — u_ 2) p Single and Multi -Family Dwelling District (R-3) = Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno QC1'> of cs IIii 1THIRD.AvE Proposed `' •, THIRD.AVE Future Land Use ,m o '� H N ft , A m _ 0 225 450 LI o Feet a u_ HAMMOCK, RD = - Legend Subject Parcel -,- Q V I City Limits -PARK LN p— Future Land Use mrW I a City = v Commercial (C) IP Industrial (IN) I L~—+ Mixed Use (MU) w Q Conservation (CON) R�CtIgARGIN II Q Public Lands (PL) Q Residential (R) hill H County ir Future Land Use . — S LN . Commercial (C) II I Institutional (INST) I Low Density Residential (LDR) Mixed Use (MU) II 2/JONES.RD AVELIVINGSTON _WISTERIA ST I I PROSP I PREPARED BY CITY OF CRESTVIEW Z _ COMMUNITY DEVELOPMENT SERVICES Y _SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY I I OKALOOSA COUNTY GIS DEPARTMENT ce NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE�� I 1 U.S. SURVEY FEET H D -, n r, 5 O'2 ,-,1 ()PR iijj 'fl 1 F ■HIRD.AVE Proposed `' •., THIRD.AVE Zoning 'o N W - 144 NI I A 0 225 450 N Feet m o w a HAMMOCK RD u_ Legend Subject Parcel City Limits CI Q City Zoning i_I—PARK.LN Z Single Family Estate Dwelling District c.s c.s J (R -1E) = W Q W Single Family Low Density District (R-1) v . Single Family Medium Density District ,_ IL' ' f- �-' (R-2) Single and Multi -Family Dwelling R�CHBURG LN (R-3) III j " c District Mixed Use (MU) C Commercial (C-1) v ■ (C-2) lir Commercial _ c~' Industrial (IN) JONES. RD 0 `„ Public Lands (P) SOLES.LN Conservation (E) 1 County Zoning Residential -1 (R-1) 1 1 1I Mixed Use . -1 WISTERIA AVE (MU) - General Commercial (C-3) Institutional (INST) LIVINGSTON ST I PROSPECT RD . " " 1 11 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES im L., SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY ,."'■ .■ OKALOOSA COUNTY GIS DEPARTMENT ce °O NMI I NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE ■.� U.S. SURVEY FEET �—�mu �- Deno uscsA of cs CITY OF CRESTVIEW Item # 7.7. Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/17/2023 Ordinance 1927 - Richburg Lane and Third Avenue Rezoning BACKGROUND: On February 27, 2023 staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Third Avenue and at 2828 Richburg Lane. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential & Mixed Use and Residential -1 & Mixed Use, respectively. The application requests the Mixed Use (MU) zoning designation for the property. On April 3, 2023, the Planning and Development Board recommended Ordinance 1927 not be approved. The first reading was approved by the City Council on April 10, 2023. DISCUSSION: The property description is as follows: Property Owner: Parcel ID: Site Size: Current FLU: Current Zoning: Current Land Use: MH Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 04-3N-23-1840-0012-0080 09 -3N -23-0000-0011-001A 23.28 acres Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Third Avenue Parcel Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential South Mixed Use (MU) Mixed Use (MU) Vacant Page 895 of 965 (West I Okaloosa County Low Density Okaloosa County Residential -1 I Residential Residential Richburg Parcel Direction FLU Zoning Existing Use North Commercial (C) & Mixed Use (MU) Commercial High -Intensity District (C-2) & Mixed Use (MU) Commercial & Vacant East Okaloosa County Low Density Residential & Mixed Use Okaloosa County Residential -1 & Mixed Use Residential & Commercial South Okaloosa County Low Density Residential Okaloosa County Residential -1 Residential & Vacant West Okaloosa County Commercial, Low Density Residential & Mixed Use Okaloosa County General Commercia, Residential -1 & Mixed Use Commercial, Residential & Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for residential or low -intensity commercial 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 March 14, 2023. The property was posted on March 20, 2023. An advertisement ran in the Crestview News Bulletin on March 23 & 30, 2023. 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 request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. Page 896 of 965 RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1927 on second reading. Attachments 1. Attachment 4 MH annex land rezone 2. Exhibit Packet Page 897 of 965 ORDINANCE: 1927 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 23.28 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY RESIDENTIAL -1 AND MIXED USE ZONING DISTRICT TO THE MIXED USE (MU) 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 23.28 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 23.28 acres, more or less, being formerly zoned Okaloosa County Residential -1 and Mixed Use with the Mixed Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1926, is hereby rezoned to Mixed Use (MU) to wit: PIN # 04-3N-23-1840-0012-0080 LOT 8, BLOCK 12, OAKDALE MINIATURE FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 129, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. PIN # 09 -3N -23-0000-0011-001A A PARCEL OF LAND LOCATED IN SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION), MARKING THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE PROCEED SOUTH 02°08'22" WEST, A DISTANCE OF 62.99 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF RICHBOURG LANE AND THE POINT OF BEGINNING; THENCE, ALONG SAID RIGHT OF WAY LINE, SOUTH 64°11'04" EAST, A DISTANCE OF 232.86 FEET; THENCE SOUTH 66°25'43" EAST, A DISTANCE OF 114.49 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE, DEPARTING SAID SOUTH RIGHT OF WAY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 105°02'50", A DISTANCE OF 45.84 FEET (CHORD=BEARING SOUTH 54°35'35" WEST, CHORD=39.68 FEET); THENCE SOUTH 02°04'10" WEST, A DISTANCE OF 141.69 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 183.00 FEET ; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Page 898 of 965 30°26'46", A DISTANCE OF 97.24 FEET (CHORD BEARING=SOUTH 17°17'33" WEST, CHORD LENGTH=96.10 FEET), TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°40'41" A DISTANCE OF 25.48 FEET (CHORD BEARING=SOUTH 26°40'35" WEST, CHORD=25.43 FEET); THENCE SOUTH 56°55'44" EAST, A DISTANCE OF 25.85 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°47'25", A DISTANCE OF 15.50 FEET (CHORD BEARING=SOUTH 12°32'01" EAST, CHORD=13.99 FEET); THENCE SOUTH 31°51'41" WEST, A DISTANCE OF 10.61 FEET; THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 35.10 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 3.14 FEET (CHORD BEARING=SOUTH 16°42'35" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 12.00 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 3.14 FEET (CHORD BEARING=NORTH 73°17'25" EAST, CHORD=2.83 FEET); THENCE SOUTH 61°42'35" EAST, A DISTANCE OF 11.14 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°58'29", A DISTANCE OF 7.24 FEET (CHORD BEARING=SOUTH 20°13'21" EAST, CHORD=6.62 FEET); THENCE SOUTH 27°53'02" WEST, A DISTANCE OF 5.29 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 15.81 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°20'26", A DISTANCE OF 13.62 FEET (CHORD BEARING=SOUTH 45°05'48" EAST, CHORD=13.20 FEET), TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 22.98 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°41'12", A DISTANCE OF 2.28 FEET (CHORD BEARING=SOUTH 23°16'09" EAST, CHORD=2.28 FEET); THENCE SOUTH 27°34'34" WEST, A DISTANCE OF 44.53 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 11.99 FEET; THENCE NORTH 28°17'25" EAST, A DISTANCE OF 1.00 FEET; THENCE NORTH 61°42'35" WEST, A DISTANCE OF 30.68 FEET; THENCE SOUTH 28°17'25" WEST, A DISTANCE OF 16.56 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°47'27", A DISTANCE OF 108.63 FEET (CHORD BEARING=SOUTH 62°57'51" EAST, CHORD=105.24 FEET) THENCE SOUTH 87°51'34" EAST, A DISTANCE OF 472.22 FEET, TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 360.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°41'43", A DISTANCE OF 111.18 FEET (CHORD BEARING=SOUTH 79°00'42" EAST, CHORD=110.74 FEET); THENCE NORTH 02°04'10" EAST, A DISTANCE OF 333.44 FEET; THENCE SOUTH 77°01'33" EAST, A DISTANCE OF 219.60 FEET; THENCE NORTH 03°57'38" WEST, A DISTANCE OF 282.20 FEET; THENCE NORTH 81°44'56" EAST, A DISTANCE OF 176.86 FEET; THENCE SOUTH 02°04'06" WEST, A DISTANCE OF 1251.48 FEET; THENCE NORTH 88°17'57" WEST, A DISTANCE OF 1105.06 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 690.59 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 136.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°58'44", A DISTANCE OF 54.54 FEET (CHORD BEARING=NORTH 09°21'00" WEST, CHORD=54.18 FEET), TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE Page 899 of 965 NORTHEAST, HAVING A RADIUS OF 185.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°42'20", A DISTANCE OF 137.89 FEET (CHORD BEARING=NORTH 00°30'48" EAST, CHORD=134.72 FEET); THENCE NORTH 21°51'58" EAST, A DISTANCE OF 81.38 FEET; THENCE NORTH 02°04'06" EAST, A DISTANCE OF 91.03 FEET; THENCE NORTH 87°50'33" WEST, A DISTANCE OF 221.43 FEET; THENCE NORTH 02°08'22" EAST, A DISTANCE OF 208.45 FEET TO THE POINT OF BEGINNING. 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 # 1926 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 24th day of April, 2023. Approved by me this 24th day of April, 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 900 of 965 996 3O 606 a6ed 1I1IW* 111. Adopted THIRD . �o .AVE - Zoning N ■ ��� z ■►c NI Wir f3. N 0 225 450 Feet m o ce 'cc Legend HAMMOCK,RD _F Subject Parcel M City Limits -r v City Zoning Single Fa mily Estate Dwelling District ,r—PARKLN (RIE) w .� Single Fa mily Low Density District (R-1) q 6. , •-cr Single Fa mily Medium Density District ~ ~ 1, {R-2) Single and Multi -Fa mily Dwelling N w District {R 3] RICHBU�G'� II a a Mixed Use f Commercial (C-1) c, V _ I -Commercial (C-2) � 1 ,. ._ j I Industrial Public Lands (P) JONES.RD z ___,, SOLES.N Conservation 11 ` I 1 I I County V Zoning -11 1 Residential -1 (R-1) Mixed Use General Commercial (C-3) AI WISTERIA AVE Institutional LIVINGSTON ST PROSPECTIRD — "' 1111 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES SECOND .AVE.NE PARCEL INFORMATION PROVIDED BY IIIII MI DKALDOSA COUNTY GIS DEPARTMENT °O Alle CARVER..AVE NAD 1963 STATE PLANE, NORTH ZONE - .-' i •ii U.S . SURVEY FEET `� Attachment 4 Prepared for an Annexation, Comprehensive Plan Future Land Use Map Amendment and Rezoning Request For two properties, referenced as Parcel ID Numbers 04-3N-23-1840-0012-0080 and 09 -3N -23-0000-0011-001A. Conducted for: MH Crestview Land LLC 17005 Emerald Coast Pkwy Destin, FL 32541 Ph: 850.803.2000 Prepared for: City of Crestview Community Development Services Ph: 850.682.1560 198 Wilson St. North Crestview, FL 32536 Prepared by: the planning collaborative T P c the planning collaborative February 20, 2023 Page 902 of 965 TABLE OF CONTENTS Purpose and Introduction 3 Description of Existing Conditions 3 Figure 1. Existing Parcel Boundaries 4 Figure 2. Reference Map for Adjacent Uses 5 Table 1. Descriptions of Adjacent Uses 5 Description of Request 7 Analysis of Applicable Policies and Regulations 8 Urban Sprawl Analysis 8 Findings and Conclusion 12 EXHIBIT 1A — Crestview Future Land Use Map EXHIBIT 1B — Okaloosa Future Land Use Map EXHIBIT 2A — Crestview Zoning Map EXHIBIT 2B — Okaloosa Zoning Map EXHIBIT 3 — National Wetlands Inventory Map EXHIBIT 4 — FEMA Flood Insurance Rate Map 2 I Annexation, Future Land Use Map, and Zoning Change Page 903 of 965 PURPOSE AND INTRODUCTION This report supports a request to annex two (2) lots into the City of Crestview and amend the Crestview Future Land Use Map and Zoning Map to allow for the construction of residential uses. This request is respectfully submitted to amend the parcels to the Mixed - Use Future Land Use category and zoning district. The existing land use of the one (1) acre parcel to the north (Parcel A) is "Vacant", and the 22.28 acre parcel to the south (Parcel B) is "Vacant/Com" according to the Okaloosa County Property Appraiser.' The requests are supported herein. The analysis supplied with this application looks at the maximum residential development potential of these parcels as the request is being made to support the development of a multi -family residential complex. The consultant, the planning collaborative, reviewed, and analyzed the following documents and websites in preparation of this report and application. • The Okaloosa County Property Appraiser website data and maps • The Crestview Comprehensive Plan, as published online • The Crestview Land Development Code, as published online • Okaloosa's GIS Mapping webpage • Crestview's GIS Mapping webpage • The Federal Emergency Management Agency's flood maps • The National Wetland Inventory Online Map • FDOT Okaloosa County Functional Classifications, dated April 29, 2014 • Correspondence with various City departments, Okaloosa County School Board, and Auburn Water DESCRPTION OF EXISTING CONDITIONS This request is being made for two (2) parcels. As labeled in Figure 1, the first (Parcel A) is located to the south of Third Ave and the second (Parcel B) is located to the south of Richburg Lane. The parcel numbers are as follows, respectively: 04-3N-23-1840-0012- 0080 and 09 -3N -23-0000-0011-001A. Both combined include +/- 23.28 acres total. Parcel A is designated by the Okaloosa County Future Land Use Map as Low Density Residential (LDR) and the Okaloosa County Zoning Map as Residential 1 (R-1). Parcel B is designated by the Okaloosa County Future Land Use Map as Mixed Use (MU) and the 1 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced February 7, 2023 3 I Annexation, Future Land Use Map, and Zoning Change Page 904 of 965 Okaloosa County Zoning Map as Mixed Use (MU). Exhibits 1 and 2 include the Future Land Use Maps and Zoning Maps for Crestview and Okaloosa County. Figure 1. Existing Parcel Boundaries Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Figure 2 following depicts the location of the two parcels in relation to adjacent parcels. This graphic is considered with Table 1 to show consistency with adjacent residential uses. 4 I Annexation, Future Land Use Map, and Zoning Change Page 905 of 965 Figure 2. Reference Maps for Adjacent Uses Source: Okaloosa County Property Appraiser, February 2023 Approximate Boundary of Parcels Table 1 below, describes the existing uses, the Future Land Use, and Zoning assigned to the parcels within the vicinity of these properties. The map annotation refers to the numbers on Figure 2 above. Table 1. Adjacent Uses Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 1 No Ag Acre Mixed -Use (City) Mixed -Use (City) 2 Single Family Low Density Residential (County) R-1 (County) 3 (3 parcels) Single Family Low Density Residential (County) R-1 (County) 4 (2 parcels) Single Family Low Density Residential (County) R-1 (County) 5 Vacant Low Density Residential (County) R-1 (County) 6 (5 parcels) Vacant Low Density Residential (County) R-1 (County) 7 (6 parcels) Mobile Home x2 Vacant Institutional Single Family x2 Vacant Low Density Residential (County) R-1 (County) 8 (5 parcels) Vacant x3 Single Family Low Density Residential (County) R-1 (County) 5 I Annexation, Future Land Use Map, and Zoning Change Page 906 of 965 Map Annotation Property Appraiser Tax Code Future Land Use Zoning District 9 (2 parcels) Single Family Vacant Low Density Residential (County) R-1 (County) 10 (2 parcels Vacant Commercial Warehouse Commercial (County) C-3 (County) 11 (3 parcels) Office Building x2 Single Family Mixed Use (County) x2 Commercial (City) Mixed Use (County) x2 C-2 (City) 12 (3 parcels) Vacant No Ag Acre x2 Commercial (City) x2 Mixed Use (City) C-2 (City) x2 Mixed Use (City) 13 (3 parcels) Theater/AU Vacant Commercial x2 Mixed Use (County) Mixed Use (County) 14 (8 parcels) Single Family x6 & Vacant Low Density Residential (County) R-1 (County) 15 (2 parcels) Warehouse Vacant Commercial Mixed Use (County) Mixed Use (County) 16 Vacant Low Density Residential (County) R-1 (County) Source: Okaloose County Property Appraiser, Okaloose County GIS webpage, and City of Crestview GIS webpage The current zoning of the nearby properties to Parcel A are residential to the north, east, and west with mixed use to the south. Parcel B is nearby to properties zoned mixed use residential, and commercial. The existing land uses surrounding the parcels are varied and include a mixture of uses including residential, warehousing, office buildings, a theatre, county property, and vacant commercial, residential, and institutional properties. These surrounding uses are similar in nature to the intended uses of the property: residential and commercial.2 According to the National Wetland Inventory and Crestview data, Parel A contains no wetlands while Parel B contains a portion of wetlands towards the southern boundary (Exhibit 3).3 There are no plans for development at this time, however, the applicant, in compliance with Crestview's Comprehensive Plan and Land Development Code, reserves the right to apply for appropriate permits in regard to the forthcoming site plan development. The properties are both located in a Flood Zone X, or the area outside of the Special Flood Hazard Area (Exhibit 4).4 2 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 3 U.S. Fish & Wildlife Service National Wetlands Inventory, Online Wetlands Mapper, as referenced July 19, 2022 4 Federal Emergency Management Agency, Flood Insurance Rate Map Panel No. 12091C0170J 6 I Annexation, Future Land Use Map, and Zoning Change Page 907 of 965 Both parcels are currently vacant, based on the Department of Revenue Codes assigned to the parcels as indicated by the Okaloosa County Property Appraiser.5 DESCRIPTION OF REQUEST This application is submitted to request that both parcels be amended to the Mixed Use Future Land Use category and the Mixed Use zoning district. Description of the proposed Future Land Use category and requested zoning district for the site area provided below: Future Land Use Category: Mixed Use (MU) "The Mixed -Use land use category is limited to areas that exhibit an existing or planned development patten reflecting a variety of uses, densities, and non- residential uses." MU Allowable Uses: The Comprehensive Plan describes the allowable residential uses and non-residential uses in policy. The "specific residential uses allowed in this category include single-family residential, multi -family residential, mobile home parks and mobile home subdivisions." The "specific non-residential uses include recreation uses, neighborhood and general commercial and business uses, offices, restaurants, motels, hotels and other temporary lodging facilities, clinics and medical facilities, churches and places of worship, light industrial uses when such uses do not create any adverse off -site impacts to other properties or to protected environmental resources." It is also included that "other similar uses may be allowed based on compatibility with existing nearby uses." Zoning District: Mixed Use District (MU)? "The Mixed -Use District is established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments, including retail sales, professional offices, service industries, bed - and -breakfasts, other similar uses and accompanying accessory uses." "Uses may be limited by location due to impacts and compatibility issues." 5 Okaloosa County Property Appraiser, Department of Revenue Code, as referenced July 18, 2022 6 Crestview Comprehensive Plan, Future Land Use Element Policy 7.A.3.4(2) Crestview Land Development Regulations, Section 4.03.00 7 I Annexation, Future Land Use Map, and Zoning Change Page 908 of 965 The proposed use of the property is consistent with the above land use and zoning descriptions, as amended. Also, because the proposed development includes residential and commercial uses, and as described of the same usages as existing development within the vicinity (see Table 1), a consistent development pattern is continued with this amendment. ANALYSIS OF APPLICABLE POLICIES AND REGULATIONS Crestview Comprehensive Plan Policy 7.A.2.3 (5) states that "New mixed -use developments shall be located on or connected to collector or arterial roadways." REPONSE: These two parcels, as an addition to a previously submitted and approved mixed use land use amendment and rezoning approval, are accessible to an arterial roadway. Parcel A of this application will connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Third Avenue. Parcel B will also connect to North Ferdon Boulevard, a "Principal Arterial — Other URBAN", by ways of Richburg Lane, a roadway designated as "Local URBAN". Therefore, this development is consistent with the location criteria for the assignment of the category. Urban Sprawl Analysis Policy 7.A.6.5 states that "No zoning change or plan amendment shall be approved unless a finding is made that such zoning change and plan amendment will promote compact urban development and not encourage urban sprawl". RESPONSE: Because this site is located in an infill area, where City services such as transportation networks and water services exist, this change will not create an urban sprawl occurrence. Florida Statutes defines urban sprawl as: "a development pattern characterized by low density, automobile -dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses."8 8 163.3164(52), Florida Statutes (2022) 8 I Annexation, Future Land Use Map, and Zoning Change Page 909 of 965 The following 163.3177(6), F.S. analysis determines that this request does not meet that definition. 1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or single -use development or uses. RESPONSE: These parcels are a part of a larger mixed -use development that will not be low -intensity or low -density. The prosed development will include multi -family residential and commercial uses. 2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development. RESPONSE: The subject parcels are not in an area considered to be rural. Both parcels are undeveloped and will be used for housing, which supports this criterion. 3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments. RESPONSE: As previously mentioned, these two parcels are additions to a mixed use development. Both parcels are surrounded by existing uses. No radial, strip, isolated, or ribbon patterns of development will occur as a result of this amendment. 4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. RESPONSE: As shown in Exhibits 3, Parcel A contains no wetlands. Twin Creek runs into the southern portion of Parcel B, creating a wetland. No wetland impacts are projected at this time. The existing wetlands conditions are not expected to change at the time, but the applicant reserves the right to apply for the appropriate permits in regard to the forthcoming site plan development. Both properties are located in a Flood Zone C, or the area outside of the Special Flood Hazard Area (Exhibit 4). 5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils. 9 I Annexation, Future Land Use Map, and Zoning Change Page 910 of 965 RESPONSE: No agriculturally used or designated areas are within the vicinity of these parcels. 6. Fails to maximize use of existing public facilities and services. RESPONSE: Existing public facilities and services, such as the existing transportation network, solid waste collection, and water services will be sought to serve this development as they are available. 7. Fails to maximize use of future public facilities and services. RESPONSE: Any future public facilities and services will be used, as practical to the development. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. RESPONSE: Services exist in the area. The approval of this request will not disproportionately increase the cost of providing service to this development. 9. Fails to provide a clear separation between rural and urban uses. RESPONSE: The subject parcels are not in an area considered to be rural. No rural areas are adjacent to the subject parcels. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. RESPONSE: This development is considered infill development. 11. Fails to encourage a functional mix of uses. RESPONSE: As components of a larger mixed use development, the residential units in close proximity to other uses will encourage a functional mix of uses, especially as this development will provide a transition between existing commercial uses along SR 85 and Richburg Lane and those residential uses to the east and the south. 10 I Annexation, Future Land Use Map, and Zoning Change Page 911 of 965 12. Results in poor accessibility among linked or related land uses. RESPONSE: Other uses within the vicinity are easily accessible via Richburg Lane and SR 85 North. 13. Results in the loss of significant amounts of functional open space. RESPONSE: There is no functional open space currently associated with these parcels. Crestview Land Development Code Section 3.06.07 states that "An application for a rezoning shall be reviewed in accordance with the following criteria:" These criteria include: 1. Whether the proposed zoning district is consistent with the City Comprehensive Plan; RESPONSE: With the approval of the requested amendment of the Future Land Use Map to the Mixed -use category, the land use and zoning will be consistent. This criterion will be met with the approval of both amendment requests. 2. Whether the full range of uses allowed in the proposed zoning district will be compatible with existing uses in the area under consideration; RESPONSE: Although a final plan for development is not yet finalized, it is anticipated that the development will include a range of housing types, which include detached single family and attached multi -family, which will be compatible with the existing residential uses to the east and north and non-residential uses to the west and south. This criterion is met. 3. Whether the range of uses allowed in the proposed zoning district will be compatible with existing and potential uses in the area under consideration; RESPONSE: As indicated by Section 4.03.00(B), the Mixed -use District is (in part) "established to provide for a variety of land uses, including single- and multi -family dwellings and small, low -impact commercial developments... Each parcel, lot, tract or other division of land may contain multiple single- and multi -family dwellings according to the density allowed by the size of each piece of land." Therefore, this criterion is met since a multi -family use is considered allowable. 11 I Annexation, Future Land Use Map, and Zoning Change Page 912 of 965 4. Whether the proposed zoning district will serve a community need or broader public purpose; RESPONSE: The development of multi -family housing will serve the need for additional housing within the community, which also serves the need for Eglin Air Force Base. This criterion is met. 5. To ensure there are not multiple zoning districts assigned to one parcel. Except if secondary zoning is Conservation (E), designated on a plat or development plans as a parcel or easement of conservation or jurisdictional wetlands; RESPONSE: With the approval of proposed Future Land Use Map amendment and rezoning, each parcel will be designated with only one zoning district. This criterion is met. 6. The characteristics of the proposed rezoning area are suitable for the uses permitted in the proposed zoning district; and RESPONSE: As indicated above, the rezoning allows for multi -family uses, which is a portion of the anticipated development of these parcels. Additional housing types are planned as part of the development. This criterion is met. Additionally, the location for this use is ideal, as a transitional use between more intense commercial and less intense single-family uses. 7. Whether a zoning district other than the district requested will create fewer potential adverse impacts to existing uses in the surrounding area. RESPONSE: The requested zoning district is actually less intense than the existing Okaloosa County Mixed Use zoning assigned for Parcel B. Therefore, the reduction of adverse impacts to the adjacent residential uses surrounding this parcel will be beneficial with the assignment of the requested category. The redesignation of Parcel A will be consistent with the larger parcel which was recently annexed and amended to the City's Mixed Use Future Land Use category. FINDINGS AND CONCLUSIONS The amendment of the Comprehensive Plan and zoning designations for these properties will be compatible with the existing surrounding development. The proposed amendment will not result in any land use conflicts with the existing uses. No adverse impacts will be generated such as unordinary noise, smoke, exhaust, emissions, dust, adverse lighting, 12 I Annexation, Future Land Use Map, and Zoning Change Page 913 of 965 vibrations, or odors that would be detrimental to the existing surrounding uses or would otherwise disturb the quiet enjoyment of nearby residents. Additionally, the proposed amendment is consistent with and furthers the Goals, Objectives, and Policies of the Crestview Comprehensive Plan, and complies with the adopted requirements of the City's Land Development Regulations. The designation of these properties as Mixed -use will not create a condition that will negatively impact the nearby residential uses over time and will provide a transitional tier form intense uses to less intense uses within the vicinity. 13 I Annexation, Future Land Use Map, and Zoning Change Page 914 of 965 Exhibit 1A - Crestview Future Land Use Map 1:9,028 0 0.05 0.1 2/17/2023, 2:09:10 PM Future Land Use Commercial (C) 2019 Aerial Clip.tif Residential (R) Mixed Use (MU) Public Lands (PL) El Red: Band_1 0 Green: Band_2 Maxar 0.2 mi 0 0.1 0.2 i 0.4 km Earro q91 ',if 965 Exhibit 1B - Okaloosa Future Land Use Map 1:9,028 0 0.075 0.15 0.3 mi February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE STATE ROADS COUNTY ROADS SECONDARY ROADS CARVER,AVE 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Pager9r136a9f4965 Exhibit 2A - Crestview Zoning Map 2/17/2023, 2:40:15 PM 2019 Aerial Clip.tif Red: Band_1 Green: Band 2 Maxar 1:9,028 0 0.05 0.1 0 0.1 0.2 0.2 mi 0.4 km EarMcdc911^Ibi 965 Exhibit 2B - Okaloosa Zoning Map 1:9,028 0 0.075 0.15 0.3 mi February 17, 2023 PROPERTY LINES MAJOR ROADS INTERSTATE p CARVER,AVE STATE ROADS COUNTY ROADS SECONDARY ROADS 1. 0 0.1 0.2 0.4 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), OCGIS Page,0484714965 U.S. Fish and Wildlife Service February 17, 2023 Wetlands 1 Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond • Exhibit 3 Lake Other Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produceiThageNEM9al®f x965 National Flood Hazard Layer FIRMette FEMA Legend 86°33'44"W 30°47'7"N Feet 86°33'7"W 30°46'36"N 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 1:6,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS Q 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x Future Conditions 1% Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to Levee. See Notes. Zone X Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zonex Effective LOMRs Area of Undetermined Flood Hazard Zone D - -- - - Channel, Culvert, or Storm Sewer 1 1 1 1 1 1 1 Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance t� s Water Surface Elevation 8 — — — Coastal Transect ^-^^-5fa•^^^^. Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/20/2023 at 1:15 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Page 920 of 965 uIJ'"- ■■■ Vicinity Map _ ■ 0 DL BETHEL•RD k II N • JRPORT•RD r ■ Not to Scale c Subject Parcel(s) m o 1 1Ii. .. '/' .,ar _ �� __� I lik■ J .: ■ ■ _,„ 1 1� ■■■■■ '11 1 lia t� III r ■ m Nr.-- .- /gMFS,IF i .♦♦ I PREPARED BY CITY OF CRESTVIEW FBIV � �� -� ♦ 10541'•EE'84 i� _ ,, • ■ �. � JQMES,C/ _ E EBLVD'E ' COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE V , ill ■ U.S. SURVEY FEET D -nn- 001 .,f ()PR Existing Use Richburg Parcel N A 150 300 Feet Legend QSubject Parcel Q City Limits Existing Use Churches County Manufactured Home Minderal Pr Mobile Home Multi -Family Municipal No AG Acre Office Building Restaurant Single Family Theater/Au Vacant Institutional Vacant Vacant Commercial Vacant/Commercial Warehouse Page 922 of 965 �,- _ � _i 'v � . Current FLU Richburg Parcel N a RICHBURG 1.N- ►- W c Y 0 150 300 Feet N\ Legend Subject Parcel SOLES LN City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) Residential (R) LIVINGSTON_ST County Future Land Use Commercial (C) Institutional (INST) Low Density Residential (LDR) SECOND AVE NE Mixed Use (MU) ■ L Q CARVER AVE m PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, Q')'2 ,-f ()PR Q Current Zoning Richburg Parcel O O W . k N a Q RICORG �N- :7-c A 0 150 300 Feet if-. o =I N\ Legend Subject Parcel City Limits _________________, City Zoning SOLES LN Single Family Estate Dwelling District (R - 1E) I- Single Family Low Density District (R-1) I Single Family Medium Density District (R- 2) Single and Multi -Family Dwelling District (R-3) Mixed Use (MU) Commercial (C- ) Commercial (C-22) Industrial (IN) LIVINGSTON ST Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) SECOND AVE NE Mixed Use (MU) — General Commercial (C-3) Institutional (INST) N ce a CARVER AVE co Rm. PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno Q')A of cs FOURTH AVE NE THIRD AVE 1 r W cell Existing Use Third Ave. Parcel N A 0 150 300 Feet Legend Subject Parcel City Limits Existing Use MI Financial Gym/Fitness Municipal No AG Acre Office Building Restaurant Service Shop Single Family Stores Supermarket Utilities Vacant Vacant Commercial Vacant/Commercial Vehicle Sale Warehouse Page 925 of 965 o FOURTH AVE NE - 1 Current FLU Third Ave. Parcel N 0 150 300 Feet 0 cz,W Legend 41. Subject Parcel H THIRD AVE City Limits o N City Future Land Use Commercial (C) 11, Z Q Ci Industrial (IN) 144 Mixed Use (MU) la— ■ _ Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use Low Density Residential (LDR) Mixed Use (MU) I -- _— PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET D-wnr, O')C. ,-f ()PR 1 Current Zoning Third Ave. Parcel N FOURTH AVE NE 0 150 300 Feet m 0 Q Legend Subject Parcel 4 O M City Limits Q Zoning I THIRD AVE City Single Family Estate Dwelling District (R- F— 1 E) Lel Single Family Low Density District (R-1) el ce ua m Single Family Medium Density District (R - O — u_ 2) p Single and Multi -Family Dwelling District (R-3) = Mixed Use (MU) Commercial (C-1) Commercial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Residential -1 (R-1) Mixed Use (MU) PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Deno Q'')7 of cs IIii 1THIRD.AvE Proposed `' •, THIRD.AVE Future Land Use ,m o '� H N ft , A m _ 0 225 450 LI o Feet a u_ HAMMOCK, RD = - Legend Subject Parcel -,- Q V I City Limits -PARK LN p— Future Land Use mrW I a City = v Commercial (C) IP Industrial (IN) I L~—+ Mixed Use (MU) w Q Conservation (CON) R�CtIgARGIN II Q Public Lands (PL) Q Residential (R) hill H County ir Future Land Use . — S LN . Commercial (C) II I Institutional (INST) I Low Density Residential (LDR) Mixed Use (MU) II 2/JONES.RD AVELIVINGSTON _WISTERIA ST I I PROSP I PREPARED BY CITY OF CRESTVIEW Z _ COMMUNITY DEVELOPMENT SERVICES Y _SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY I I OKALOOSA COUNTY GIS DEPARTMENT ce NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE�� I 1 U.S. SURVEY FEET H D,,,,,, 005:2 ,-,1 ()PR iijj 'fl 1 F ■HIRD.AVE Proposed `' •., THIRD.AVE Zoning 'o N W - 144 NI I A 0 225 450 N Feet m o w a HAMMOCK RD u_ Legend Subject Parcel City Limits CI Q City Zoning —PARK.LN Z Single Family Estate Dwelling District .s c c.s J (R -1E) = W Q W Single Family Low Density District (R-1) v . Single Family Medium Density District ,_ IL' ' f- �-' (R-2) Single and Multi -Family Dwelling R�CHBURG LN (R-3) III j " c District Mixed Use (MU) C Commercial (C-1) v ■ (C-2) r Commercial _ c~' Industrial (IN) JONES. RD 0 `„ Public Lands (P) SOLES.LN Conservation (E) 1 County Zoning Residential -1 (R-1) 1 1 1I Mixed Use . -1 WISTERIA AVE (MU) - General Commercial (C-3) Institutional (INST) LIVINGSTON ST I PROSPECT RD . " " 1 11 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES im L., SECOND.AVE.NE PARCEL INFORMATION PROVIDED BY ,."'■ .■ OKALOOSA COUNTY GIS DEPARTMENT ce °O NMI I NAD 1983 STATE PLANE, NORTH ZONE CARVER.AVE ■.� U.S. SURVEY FEET �—�mu �- Deno cY)O of cs CITY OF CRESTVIEW Item # 8.1. Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Nicholas Schwendt, Senior Planner, Barry Henderson, Development Services Director 4/19/2023 1. Ordinance 1930 - Ground Mounted Solar Panels BACKGROUND: Typically, solar panels are seen attached to the roofs of houses but as time goes on, more and more individuals are also opting for solar panels attached to structures mounted in the ground. Ground mounted solar systems provide for easier installation and maintenance as well as less potential impact and damage to existing roof structures. The Land Development Code does not currently contain requirements or restrictions explicitly pertaining to ground -mounted solar panel systems. The City Council directed staff to research and prepare an ordinance providing standards to regulate ground mounted solar systems. On April 17th, 2023, the Planning and Development Board recommended approval of this Ordinance. DISCUSSION: As a starting point, Community Development Services staff reviewed proposed code in other municipalities regarding the same topic. Following further discussion and direction from council, staff then revised the standards to more closely match our existing accessory building requirements. Staff also discussed the standards with building officials from other surrounding jurisdictions to ensure there were no safety concerns pertaining to ground -mounted solar that would require fencing provisions to be included in the code. There were no such concerns. The proposed additions to the Land Development Code can be found in the attached ordinance. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Quality of Life- these areas focus on the overall experience when provided by the city. Safety- Ensure the continuous safety of citizens and visitors FINANCIAL IMPACT There is no expected financial impact resulting from this ordinance. RECOMMENDED ACTION Staff requests a motion to approve Ordinance 1930 on 1st reading and move to 2nd Reading for adoption. Attachments None Page 930 of 965 ORDINANCE: 1930 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 931 of 965 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. Approved by me this day of , 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 932 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 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 Jayce Vanderford, Project Manager 4/20/2023 Brookmeade Park Improvements Conceptual Design BACKGROUND: The City of Crestview has seen significant population growth in recent years that has led to an increase in the need for recreation facilities. The concept design and master planning of the Brookmeade Park Improvements and Master Plan Project began on August 4, 2022, by DAG Architects, Inc. DISCUSSION: Master planning and conceptual design are complete. If approved, the next step of the project is to select an engineering firm to provide civil plans and detailed design for construction. 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 There is no financial impact at this time. Page 933 of 965 RECOMMENDED ACTION Staff respectfully requests a motion to accept the conceptual design and proceed with engaging an engineering firm, requesting a task order for civil engineering and detailed design for construction plans. Attachments 1. Brookmeade Skateboard RC Track Concept Package Page 934 of 965 ARCHITECTS Brookmeade Park Improvements City of Crestview 585 Brookmeade Dr, Crestview, FL 32539 Concept Development DAG Architects Inc. 1223 Airport Road Destin, FL 32541 850.837.8152 AAC000745 Index: 1. Cover Sheet 2. Project Summary 3. Overall Site Plan 4. West View 5. Aerial View 6. Aerial View 7. Remote Control Floor Plan 8. North View 9. In The Pit 10.Remote Control View 11.RC Drag Track 12.Retail/Restrooms/Control Floor Plan 13.Retail/Restroom View 14.Retail/Restroom View 15.Skate Park Canopy 16.RV Park View 17.Splash Pad Floor Plan 18.Splash Pad View 19.Splash Pad View 20.BMX Track Floor Plan 21.BMX Track View 22.BMX Track View 23.End Cover Concept Development April 14, 2023 © ALL DOCUMENTSCOPYRIGHTED Page 935 of 965 PROJECT SUMMARY: The Project is located at the Brookmeade Park in City of Crestview, Florida. It will be new Sports Center with Restrooms, Office space, Covered RC Track, RV Parking, Splash Pad, BMX Track and New parking lot. ❑ ADA HANDICAP ACCESS SIDEWALKS AND RAMPS ❑ NEW RESTROOM FACILITIES —1,320 GSF ❑ NEW OFFICE/RETAIL— 2,400 GSF ❑ NEW VIEWING/ PICKNICK DECK ❑ NEW COVERED ROOF OVER EXISTING REMOTE CONTROLED RACETRACK ❑ NEW COVERED RAISED REMOTE -CONTROL STATIONS ❑ NEW COVERED PIT AREA WITH 18 SPACES ❑ 2 NEW 8'X40' SHIPPING CONTAINER STORAGE ❑ 146 NEW 10' X 20' PARKING SPACES ❑ 11 NEW 12' x 45' TRAILER SPACES ❑ 11 NEW RV PARK TYPE SPACES WITH GRILL, POWER & WATER. ❑ 3 NEW FOOD TRUCK SPACES ❑ NEW SPLASH PAD WITH SHADE SAILS & RESTROOMS ❑ NEW 1200' BMX BIKE TRACK ❑ NEW REMOTE CONTROLED DRAG TRACK ❑ NEW SHADE SAILS FOR SKATE PARK CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements PROJECT SUMMARY 2 Page 936 of 965 DQ R r_ (ASPHAI T, WIDTH VARIES) /(6O PUBLIC RIGBT-OF-WAY) s . - aj � /l�If �' �})1 1 /� //�No If I I� 1,— \\ �� c \�R� �� .. .� r f// 8" STUB CUT n n - 171 ,Q 36" CMP 3 CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements OVERALL SITE PLAN 3 Page 937 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements WEST VIEW 4 Page 938 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements AERIAL VIEW 5 Page 939 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements AERIAL VIEW 6 Page 940 of 965 • 0 10 11 12 13 CI 0 23 24 N -P } 172-1r SP -0" } 24-P W-0' M -P THE PIT m -o' 192-0' REMOTE CONTROL DRAG TRACK -45 \\ON CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements REMOTE CONTROL FLOOR PLAN 7 Page 941 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements NORTH VIEW 8 Page 942 of 965 • 'AK.. .A • �• . «+rr-. :4111. Mi. 111i I ■ RI' -- • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements REMOTE CONTROL VIEW 10 Page 944 of 965 CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements REMOTE CONTROL DRAG TACK VIEW 11 Page 945 of 965 f"/ (6) 2 a- 12'-0" / 1'-0" 24'-0" 220 2'15 t 4 )4.5 120' 120'-0" 24'-0" k 24'-0" 241 0" 1,12'-0" _� 5/8" i I I 1 11I1[111111 1110 _Ei 8' 5/8" f 1'-O" (1 o)) _ L' 7 0" 24'-0" 30'-0" 24'- " ON, CONTRO PLA1}FO M I A I1� 1 CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements RETAIL / RESTROOMS/ CONTROL FLOOR PLAN 12 Page 946 of 965 CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements RETAIL/RESTROOM VIEW 13 Page 947 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements RETAIL/RESTROOM VIEW 14 Page 948 of 965 CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements SKATE PARK CANOPY 15 Page 949 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements SPASH PAD FLOOR PLAN 17 Page 951 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements SPLASH PAD VIEW 18 Page 952 of 965 mar CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTS COPYRIGHTED City of Crestview — Brookmeade Park Improvements BMX TRACK FLOOR PLAN 20 Page 954 of 965 • CONCEPT DEVELOPMENT DAG Architects Inc. © ALL DOCUMENTSCOPYRIGHTED City of Crestview — Brookmeade Park Improvements BMX TRACK VIEW 21 Page 955 of 965 ARCHITECTS Page 957 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/18/2023 Update for March 2023 BACKGROUND: Routine update on processes and projects. DISCUSSION: Municode — Continuing to work 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 March 1 -31, 2023 period, we received 45 new requests, with 20 open, the average number of days to fulfill all requests was 3, 53 requests were closed, and 7 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 1.38 hours at a cost of staff time averaging $23.64. We released 51 documents for the period. We have received $885.73 from invoices for the March 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 March 2023 is 89,829 pages. We have received estimates from Business Systems & Consultants, Inc. (BSC) regarding scanning of records to free up much needed storage space, however, further research is needed to proceed as the estimates came in higher than expected. Records Management — Working on a training session for records management liaisons from each department. Training Update - Natasha is continuing her college track education. Maryanne attended a Florida Association of City Clerks webinar on "Essential Records, Disaster Mitigation and Recovery". One Ideas to Action that I received from this course is to plan an annual review to identify security issues and set up a correction date. I plan to research training resources for disaster recovery and mitigation. 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 Page 958 of 965 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 None Page 959 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 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 4/20/2023 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 March disbursement registers. Also provided are the monthly Unaudited Schedules of Revenues & Expenditures ending February 28, 2023. Follow this link by clicking on the icon with the arrow for the March check registers and financial statements: March Check Register March Epayables Register February Monthly Financial Report 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 960 of 965 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 961 of 965 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: April 24, 2023 TYPE OF AGENDA ITEM: Action Item Item # 12.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader, City Clerk 4/20/2023 Planning Development Board Membership BACKGROUND: During the last City Council meeting, the City Council directed the City Manager to meet with the Planning Development Board, to provide an update on major projects currently ongoing in the City. Staff performed this update on April 17th at a special meeting. DISCUSSION: The Bylaws indicate that in the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. Following the last Council meeting, several City Council members asked the City Manager to review the current appointment terms. The City Clerk provided the following: On June 8, 2020, the City Council appointed individuals to the newly established PDB effective for a 3 -year term or until a successor is appointed effective March of the year of being appointed. Ellis Connor — expired March 2023 Michael Roy (Chair) — expired March 2023 Mario Werth (Vice -Chair) — expired March 2023 Bryan Follmar — appointed February 2023 to replace Malcolm Hayes (appointed 6/2020) Michael Gilbert — appointed April 2021 Alternate: Shannon Hayes — appointed November 2022 to replace B. Follmar Alternate - Vacant Staff have advertised the vacancy requesting applicants who are interested in volunteering their expertise. The Community Development department interviewed three potential candidates from the submitted applicants. In addition to the applications provided, Mr. Larry Medlock has expressed an interest in serving on the board as well. Since three of the terms for the current board members have all expired, the Council should fill the three seats by either reappointment or a new appointment as soon as reasonable. The staff have met with Mr. Brandon Frost and Mr. Larry Medlock, and found both candidates capable and eager to serve on the board. 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 962 of 965 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 asks for a motion to appoint three members to the board and one alternate. Attachments 1. Brandon Frost APP Page 963 of 965 From: noreply(@civicplus.com To: City Clerk Subject: [CAUTION EXTERNAL SENDER] Online Form Submission #5733 for Planning and Development Board Date: Thursday, March 9, 2023 1:46:26 PM Planning and Development Board Duties and Responsibilities The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for resolving physical, economic, social, environmental and fiscal issues. The Board shall receive and hear appeals in cases involving the City of Crestview Land Development Code (hereafter known as the LDC) The Board shall receive and hear applications for special exceptions/uses and variances to the terms of this LDC, and grant relief where authorized under this LDC. The Board shall also hear, determine and decide appeals, reviewable interpretations, applications or determinations made by an administrative official in the enforcement of the LDC. The Board shall be responsible for review and approval of the City of Crestview Comprehensive Plan. The Board shall have any other powers or duties delegated by the City Council. Criteria and Requirements for Board Membership: • Must be a Resident of the City of Crestview • Must be able to attend PDB meetings on the First Monday of each Month at a time to be determined by the City Council (all meetings will be after 5:00 PM) • Must have a good working knowledge of computers and be able to use same before and during the meetings. • Must be willing to gain/maintain working knowledge of the Current Land Development Code and abide by same. • Preferred applicants will have knowledge of property zoning, commercial applications and land uses. Applicant Information First Name Last Name Address City State Zip Code Phone Number Fax Number Email Address Brandon Frost 107 Split Creek Drive Crestview FL 32539 8507581071 Field not completed. mrfrost03@gmail.com I am an open-minded person who loves to see my hometown Page 964 of 965 Please give a Short narrative as to why you feel you would be a good Candidate for the New Planning and Development Board: I am interested in: (type of membership) Electronic Signature Agreement Electronic Signature Date grown bigger and better each day. I want to be apart of the future of this town as this is the place i will spend the rest of my life along with my kids. Full Member I agree. Brandon K Frost 3/9/2023 Email not displaying correctly? View it in your browser. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. Page 965 of 965