HomeMy Public PortalAbout19-813 PacketCase # 19-813
498 Spring St
May 16, 2023
Exhibit 6
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
James E Youngblood IH,
Respondent.
(AQ1 1 o_o i
Inst. #3591820 Bk: 3651 Pg: 4529
Page 1 of 3 Recorded: 11/1812022 1238 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK CAF COURTS,
OKALOOSA COUNTY, FLRIDA
FINDINGS OF FACT, CONCLUSIONS OF LAWAND ORDER
This case was presented for public hearing before the Special Magistrate on January 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, James E Youngblood III, whose last known mailing address is PO Box 293
Destin, FL 32540, is the owner of the property located at, 498 Spring Street. Crestview, FL
32536. MCA PIN# 17-3N-23-2490-0057-0070, and more particularly described as:
CRESTVIEW E 1/2 LOT 7 BLK 57
2. The conditions on the property consist of excessive overgrowth, trash, and debris. The
violation(s) were first observed on October 20. 2019. A Notice of Violation was mailed by
certified mail October 20,2019. 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 November 7. 2019. Re inspection of the property
on December 4_. 2019, confirmed that violation(s) continue to exist on the property. On
EXHIBIT °` LQ
January 7, 2021, Code Enforcement posted Notice in accordance with Florida Statute
162.12, at 498 Spring Street North and 198 Wilson Street North. A signed Affidavit has
been executed and placed in the Official Record.
3. Proper notice of the cited violations and the notice of hearing was served on the
Respondent, and the Respondent was provided the opportunity to be heard and submit
testimony and evidence at the properly noticed hearing.
CONCLUSIONS OF LAW:
t
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 jublic nuisance prohibited, of the City of
Crestview's Code of Ordinances.
5. The Respondent was 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 Respondent fails 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 Respondent to correct the
Violations, and any previous violations committed by the Respondent.
EXHIBIT # l,Q
ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED
that:
8. On or before February 22 2021, the Respondent shall pay to the City of Crestview the
costs incurred in prosecuting this case before the Special Magistrate in the amount of
5250.00.
9. On or before March 22. 2021, the Respondent is to correct the violation(s) by conducting
the following action(s):
Remove the excessive overgrowth, trash, and debris from the property.
10. If the violation(s) are not corrected by March 22, 2021, a fine in the amount of $250.00
per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondent'
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.
Done and Ordered on the 19th Day of January 2021.
CERTIFIED A TRUE
AND
CORRECT C . PY
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.
EXHibI� �?
Case # 19-813
498 S Spring Street
153 W Woodruff Ave
Crestview FL 32536
May 04, 2023 10:38AM -
K:r« OF CRF.STVIEW
CODE COMPLIANCE DIV/SION
201 Stillwell Blvd
C.rclstview, FL 325.39
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498 N Spring St
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May 16, 2023 09.55AM',
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EXHIBIT #
CITY OF CRESTVIEW
CODE COMPLIANCE DIVISION
201 Stillwell Blvd
Crestview, FL 32539
(85o) 683-0896
NOTICE OF PUBLIC HEARING
DATE: 3/27/2023
James E Youngblood III
P.O. Box 293
Destin, FL 32540
RE: CASE# 19-813
Dear Property Owner:
You are hereby formally notified that on May 16, 2023, 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 498 Spring Street, Crestview, FL 32536 more particularly described as:
PIN# 17-3N-23-2490-0057-0070 LEGAL DESCRIPTION: CRESTVIEW E 1/2 LOT 7 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, 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
EXHIP'
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.
elyorah Lawson
Code Compliance Officer
City of Crestview
850.306.3702/850.612.9714
EXHIBIT #
Farm 53A
Appendix 8
Revised 2021
Case # 19-813 498 Spring Street
Statement of Violation
Code of Ordinance Violated: Chapter 38 Section 4 (4) (0th. 1774)
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 case 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: Remove the accumulation of vegetation, debris, rubbish, trash,
garbage, garden trash or junk from the property.
City of Cr estview
Code Compliance
201 Stillwell Blvd .
Crestview, FL 32539
7022 2410 0flflfl 0915 1732
7022 2410 0000 0915 1732
06a -
till
1111111
N M \\\7\''
I i
0
James E Youngblood III
P.O. Bo x 29'{ dn
Destin, FL
27- yti L
EZ,jutt TO S^ -NNE;
OF S�?.3._ Ti. 2w- 4.e
CITY OF CRESTVIEW
CODE COMPLIANCE DIVISION
201 Stillwell Boulevard, Crestview, Florida 32539
AFFIDAVIT OF SERVICE
(POSTING OF NOTICE OF HEARING)
CASE # 19-813
I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of
Crestview, Florida, and that on the 4th day of May, 2023, I personally posted said Notice of
Hearing at: 498 Spring Street, Crestview, Florida, in the County of Okaloosa.
}y cal said notice i :. ttached hereto.
•o
.
Affiant's Signature
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 4th day of May 2023.
(SEAL)
r° ' A�•.° NANCY HOUGH
* Commission if HH 325870
Expires November 5, 2028
Form 54
NOTARY PUBLIC: (� /l !
MY COMMISSION EXPIRE /1 5'(9v',
EXHIBIT # l�
Appendix 9
EXHIBIT -A
19-813
498 SPRING STREET
Violation of the City of Crestview Code of
Ordinances Chapter 38 -Section 38-4 (4).
•• Vegetation, Debris, Junk and Trash
•
EXHIBIT # U
CITY OF CRESTVIEW
CODE COMPLIANCE DIVISION
P.O. Box1209, Crestview, Florida 32536
AFFIDAVIT OF SERVICE
(POSTING OF NOTICE OF HEARING)
CASE # 19-813
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 January,2021, I personally posted said Notice of
Hearing at: 498 Spring Street and 198 Wilson Street North, Crestview, Florida, in the
County of Okaloosa.
y of sai notic-,'s attached hereto.
cant's Sign ure
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 7th day of January 2021.
Al OF 9TARY SEAL
C � it
Commission No. GG326168
My Commission Expires
April 21, 2023
NOTARY PUBLI . • ��U---St(--4ZLthil
MY COMMISSION EXPIRES: 11—,%?/— a 5
EXHIBIT # lQ
Form 54
Appendix 9
CITY OF CRESTVIEW
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CODE COMPLIANCE DIVISION
198 Wilson Street North
Crestview, FL 32536
(830) 683-0896
DATE: December 16, 2020
CASE# 19-813
James E Youngblood III
PO Box 293
Destin, FL 32540
Dear James E Youngblood Iii:
You are hereby formally notified that on January 19, 2021at 5:30 P.M., there will be a
Public Hearing at City Hall located at 198 North Wilson Street 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 498 Spring Street, Crestview, Florida
32536 and more particularly described as:
PIN # 17-3N-23-2490-005'7-0070 CRESTVIEW E 1/2 LOT 7 BLK 57
Violations of the City of Crestview Code of Ordinances Chapter 38 -Sect. 38-4 (4),
Vegetation, Debris, Junk, or, Trash have been found to exist at this location.
The Special Magistrate has the power to levy fines up to $250.00 per day for a first
violation and up to$500 00per day for a repeat violation,against you and your property, for
every day that any violation continues beyond the date set in an Order of the Special
Magistrate. Costs of repairs pursuant to FS 162.09. If a Special Magistrate finds the
End: Notice of Violation
violation to be irreparable or irreversible in nature, a fine not to exceed $5,000per
violation, maybe imposed.
If the 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, shall notify the local governing body, which may make all
reasonable repairs required to bring the property into compliance and charge the violator
with thi reasonable cost of the repairs along with any fines imposed.
If you desire, you have the right to obtain an attorney at your own expense to represent you
before the Special Magistrate. You will have the opportunity to present your side of the
case and present witnesses, as well as question the witnesses against you prior to the
Special Magistrates ruling.
If you desire a verbatim transcript of the proceedings for appeal purposes, you must
arrange for a court reporter to attend the hearing.
The Special Magistrate was created pursuant to Florida Statue 162.The purpose of a
Special Magistrate is to facilitate the enforcement of local and state laws.
Sincerely,
Senida Oglesby
Compliance Administrator
EXF1191T #ilk
City of Crestview, a Municipality
of the State of Florida
Petitioner,
va.
James E Youngblood III
PO Box 293
Destin, FL 32540
Respondent,
STATEMENT OF VIOLATION
1. Code of Ordinance Violated: Chapter 38 Property Maintenance and Housing Standards
- 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 anyparcel ofland, improved or unimprved,
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.
2. Location/Address where violation(s) exists: 498 Spring Street Crestview, Florida 32536
James E Youngblood /11
3. Name and address of property owner where violation(s) exist: P0 B01C 293
Destin, FL 32540
4. Description of violation(s): The parcel of land contains an accumulation of overgrowth,
weeds, and debris.
5. Date violation(s) were first observed: June 20, 2019
6. Date owners of property were given notice of violation: October 23,2019
7. Date on/by violation(s) to be corrected: November 7, 2019
8. Date of re -inspections: November 7, 2019 — October 6, 2020 — December 16, 2020
9. Results of re -inspections: Non -Complaint
EXHIBIT # �Q
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