HomeMy Public PortalAboutCase 19-813 RecordedCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
James E Youngblood III
P.O. Box 293
Destin, FL 32540
Respondents.
CASE# 19-813
Inst. #3624668 Bk: 3675 Pg: 3863
Page 1 of 3 Recorded: 5/19/2023 12:04 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERKjknox
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 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 P.O. Box
293 Destin, FL 32540, is the owner of the property located at, 498 Spring Street,
Crestview, FL 32536, AKA 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 overgrown vegetation, 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, and was not received by respondent. The Notice stated
that the condition(s), constituted a violation of Chapter 38 Property Maintenance and
Housing Standards - Sec. 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.
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. 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.
ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED
that:
8. On or before February 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.
9. On or before March 22, 2021, the Respondent is to correct the violation(s) by conducting
the following action(s):
a. 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 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. The City has the authority to enter the Respondent's property to abate the continued
violation of Chapter 38 Section 4 (4) that has been ongoing since entry of original order
in January 2021. Abatement of violations by the City do not relieve the owner of any fines
or fees owed.
Done and Ordered on the 16th day of May 2023.
Samuel B.
Taylor
Special Magistrate DATE: S -
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.
Digitally signed by
Samuel B. Taylor
Date: 2023.05.17
14:45:34 -05'00'
CERTIFIED A TRUE
AND
CORRECT COPY
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