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HomeMy Public PortalAboutCase 23-333 Recorded FOFCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Nikia Morris 596 McDonald St Crestview, FL 32536 Respondents. CASE# 23-333 Inst. #3638358 Bk: 3685 Pg: 2939 Page 1 of 3 Recorded: 7/28/2023 2:58 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 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, Nikia Morris, whose last known mailing address is 596 McDonald Street, Crestview, FL 32536, is the owner of the property located at, 118 S Lloyd Street, Crestview, FL 32536, AKA PIN# 18-3N-23-0000-0035-0000, and more particularly described as: BEG ON S SIDE L & N RR ON LINE BETWEEN SEC 17 & 18 W 400 FT S 208 FT E 400 FT N 208 FT TO BEG 2. The conditions on the property consist of unapproved fence materials. The violation(s) were first observed on February 28, 2023. A Notice of Violation was mailed by certified mail March 2, 2023, and received by respondent on March 3, 2023. The Notice stated that the condition(s), constituted a violation of Chapter 7.01.03 (b). - Maintain a public nuisance prohibited, of the City of Crestview's Land Development Code and requested correction of the violation by March 30, 2023. Re inspection of the property on April 3, 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 7.01.03 (b) - Maintain a public nuisance prohibited, of the City of Crestview's Land Development Code. 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 , 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 August 25, 2023, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the unapproved fence material. 10. If the violation(s) are not corrected by August 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 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. CERTIFIED A TRUE Done and Ordered on the 25th day of July 2023. AND Digitally signed by .v..�RREC COPY Samuel 6. Samuel B. Taylor BY: Taylor Date: 2023.07.27 ,/ 10:22:36 -05'00' DATE:�/� 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.