HomeMy Public PortalAboutCase 23-317 Recorded FOFCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
LARRY ABBALEO
398E FIELD AVE
CRESTVIEW FL 32539
Respondents.
CASE# 23-317
Inst. #3638356 Bk: 3685 Pg: 2932
Page 1 of 4 Recorded: 7/28/2023 2:58 PM
RECORDING ARTICLE V: $16.00 RECORDING: 519.50
DEPUTY CLERK damiles
JD PEACOCK II CLERK OF COURTS,
OKALOOSACOUNTY, FLORIDA
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on July 25, 2023.
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, Larry Abbaleo, whose last known mailing address is 398 E Field Ave,
Crestview, FL 32539, is the owner of the property located at, 398 E Field Ave, Crestview,
FL 32539, AKA PIN# 17-3N-23-2490-0102-0070, and more particularly described as:
CRESTVIEW SELY 100 FT LOT 7 BLK 102
2. The conditions on the property consist of an accumulation of trash, debris, salvage
materials, and equipment, structures in need of repair, overgrown vegetation, and
unsightly conditions that cause measurable diminution of surrounding property values.
The violation(s) were first observed on February 10, 2023. A Notice of Violation was
mailed by certified mail May 10, 2023, and was not received by the respondent. The
Notice stated that the condition(s), constituted a violation of Chapter 38 Property
Maintenance and Housing Standards - Sec. 18(b)(k) . - Maintain a public nuisance
prohibited, Chapter 38 Sec. 48(a), Chapter 38 Sec. 65 (e)(n), and Chapter 38 Sec. 70
(b)(c), of the City of Crestview's Code of Ordinances and requested correction of the
violation by June 8, 2023. Re inspection of the property on June 16, 2023, 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). - Maintain a public nuisance prohibited, Chapter 38 Sec.
48(a), Chapter 38 Sec. 65 (e)(n), and Chapter 38 Sec. 70 (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:
8. On or before September 25, 2023, 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 September 25, 2023, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove all trash, debris, equipment, salvage materials, machinery, appliances,
lumber, construction materials, tools, buckets, containers, bricks, and lawn and
garden products from the property.
b. Remove the overgrown vegetation from the property.
c. Obtain the required permits and repair the primary and accessory structure.
10. If the violation(s) are not corrected by September 25, 2023, 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 highest rate per annum
allowed by law 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 25th day of July 2023.
Samuel B.
Taylor
Digitally signed by Samuel B.
Taylor
Date: 2023.07.27 10:24:04 -05'00'
Special Magistrate
City of Crestview, Florida BY.
DATE _1 � age
CERTIFIED A TRUE
AND
RR ETi COP
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.