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HomeMy Public PortalAbout23-700 255 McArthur PH PacketCASE# 23-700 255 MCARTHUR ST AUGUST 15, 2023 EXHIBIT # 3 23-700 255 MCARTHUR ST Jul 6, 2023 at 8:49:41 AM 257 McArthur St Crestview FL 32539 United States Exhibit# 3 23-700 255 MCARTHUR ST Jul 12, 2023 at 8:43:07rM 257 McArthSt Crestview FL 32539 United States Lrc' 4 2023 at 10:11: n Ark;9 Exhibit# 3 23-700 255 MCARTHUR ST Aug 4, 2023 at 10:, 257 M Crestview Uni Aug 1 20?3 at 7._!23:15 AM '.;257 McArthur St CreStriotv a 32539 United States Exhibit* 3 CITY OF CRESTVIEW POLICE DEPARTMENT Code Compliance Division 201 Stillwell Blvd Crestview FL 32539 Phone (850) 683-0896 Date: June 15, 2023 Case #: 23-00000700 GRANT THOMAS A 255 MCARTHUR ST CRESTVIEW, FL 32539 Dear Property Owner: I am a Code Compliance Officer employed by the City of Crestview, Florida. I am contacting you because an existing condition on your property does not meet certain requirements outlined in the City's Code of Ordinances. Experienc:, tells us that most property owners like yourself are unaware that potential violation- of the City's Ordinances exist on their property when we first contact them, and we want to help you voluntarily resolve violations before taking additional action. Please accept this Civil Violation Notice as notification that the below parcel of property owned by you in the City of Crestview is currently in violation of City Ordinances. The following information is provided to you concerning these violations: Location of Violation: 255 MCARTHUR ST Tax Identification Number: 08-3N-23-0742-0005-0100 Legal: EDNEY 2ND ADD LOT 10 BLK 5, , , , We strongly prefer to achieve compliance with City Ordinances through education and voluntary compliance. To that end, we stand ready to assist you by discussing the violation and possible means of resolving the violation without further action on the City's part. However, if through these voluntary means the violation is not corrected by July 4, 2023, the City will schedule the case for a public hearing before a Special Magistrate appointed to make a decision on the violation, including any time for compliance and the amount of any fines and fees that will be owed. By state law, the Special Magistrate has authority to impose fines of up to $250 per day for a first offense and $500 per day for repeat offenses, and the Special Magistrate may authorize the City to remedy and violations on the property and assess the costs of those actions as a lien against your real property. I want to reiterate that we prefer to achieve voluntary compliance without going through the Special Magistrate process. If you are taking steps to remedy violations and hardships prevent you from successfully resolving violations before the date set forth above, please communicate with us because we may be able to offer options to help you during your hardship. If you have any questions concerning this matter, you may contact the Code Compliance Division at 850-683-0896. Thank you for your cooperation. 17(ladobbL---thoz_ Maddie Tatom Code Compliance Officer EXHIBIT # VIOLATION DETAIL PAGE 1 SE NUMBER 23-00000700 tOPERTY ADDRESS 255 MCARTHUR ST VIOLATION: CHAPTER 90 UTILITIES QUANTITY: 1 :SCRIPTION: SEWAGE DISCHARGE DATE: 6/14/23 LOCATION: ORDINANCE DESCRIPTION : 90-55 (a)Any person found to be violating any provision of this article except section 90-54 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations, and shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (b)Any person who shall continue any violation beyond a reasonable time limit, as provided by subsection (a), shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by section 1-11. 90-90 When required by the director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 90-110 The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the state. CORRECTIVE ACTION REQUIRED : Any person found to be violating any provision of this article except section 90-54 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations, and shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Any person who shall continue any violation beyond a reasonable time limit, as provided by subsection (a), shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by section 1-11. When required by the director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to EXHIBIT # 3 VIOLATION DETAIL PAGE 2 iSE NUMBER 23-00000700 :OPERTY ADDRESS 255 MCARTHUR ST CORRECTIVE ACTION REQUIRED : facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the state (Florida Administrative Code 62-6.010 Septage and Food Establishment Sludge) VIOLATION: Chapter 38 Section 18 (6) QUANTITY: 1 :SCRIPTION: Obnoxious Odors DATE: 6/14/23 LOCATION: ORDINANCE DESCRIPTION : 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. EXHIBIT # 8/15/23, 9:12 AM USPS Tracking® Tracking Number: USPS.com® - USPS Tracking® Results 9589071052700052043625 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs > Remove X Your item was delivered to an individual at the address at 4:06 pm on June 29, 2023 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual CRESTVIEW, FL 32539 June 29, 2023, 4:06 pm See All Tracking History Text & Email Updates USPS Tracking Plus® Product Information Track Another Package Enter tracking or barcode numbers ti m U.S. Postal Service'" CERTIFIED MAIL' RECEIPT Domestic Mail Only ru certified Mail Fee j , pExtra ServieeiaFees (cheek box, add lee eespp ) O ❑ Return Receipt (herdcOPY) $ 0 Return Receipt (electronic) $ J=1. 0 Genies Ma Reetdcted Deesey $ -. ['— ❑ Adult signature Reerired $ ❑Adult Signedure Restricted noHHery S __m_ Ln See Less n 23-?Cx TH L32.5" EXHIBIT # 3 1 https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589071052700052043625%2C&tABt=false 1/2 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION 201 Stillwell Blvd Crestview, FL 32539 (85o) 683-0896 NOTICE OF PUBLIC HEARING 07/12/2023 THOMAS A GRANT 255 MCARTHUR ST CRESTVIEW FL 32539 RE: CASE# 23-700 Dear Property Owner: You are hereby formally notified that on August 15, 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 255 Mcarthur St, Crestview, FL 32539 more particularly described as: PIN# 08-3N-23-0742-0005-0100 LEGAL DESCRIPTION: EDNEY 2ND ADD LOT 10 BLK 5 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 # 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, Maddie Tatom Code Compliance Officer City of Crestview EXHIBIT # 3 Form 53A Appendix 8 Revised 2021 VIOLATION DETAIL PAGE 1 ►SE NUMBER 23-00000700 tOPERTY ADDRESS 255 MCARTHUR ST VIOLATION: CHAPTER 90 UTILITIES QUANTITY: 1 :SCRIPTION: SEWAGE DISCHARGE DATE: 6/14/23 LOCATION: ORDINANCE DESCRIPTION : 90-55 (a)Any person found to be violating any provision of this article except section 90-54 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations, and shall become liable to the city for any expense, loss or damage occasioned the city by reason of su,h violation. (b)Any person who shall continue any violation beyond a reasonable time limit, as provided by subsection (a), shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by section 1-11, 90-90 When required by the director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 90-110 The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the state. CORRECTIVE ACTION REQUIRED : Any person found to be violating any provision of this article except section 90-54 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations, and shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Any person who shall continue any violation beyond a reasonable time limit, as provided by subsection (a), shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by section 1-11. When required by the director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to EXHIBIT # 3 VIOLATION DETAIL PAGE 2 ISE NUMBER 23-00000700 iOPERTY ADDRESS 255 MCARTHUR ST CORRECTIVE ACTION REQUIRED : facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the state (Florida Administrative Code 62-6.010 Septage and Food Establishment Sludge) VIOLATION: Chapter 38 Section 18 (6) :SCRIPTION: Obnoxious Odors LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 All disagreeable or obnoxious the conditions, substances or to the emission or generation QUANTITY :4 1 DATE: 6/14/23 (f) odors and stenches, as well as other causes which give rise 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. EXHIBIT # USPS Tracking® Tracking Number: 9589071052700052043762 Copy Add to Informed Delivery (https://informs Latest Update rD U.S. Postal Service" CERTIFIED MAIL'" RECEIPT Domestic Mail Only m ' . a. .. a 1 'f ' "- . to . L ru �' Fee I S Qs =i. ees(chookbox, old rep}ePP 1 Receipt Apr) 9 0• E El Return Receipt (64ect onto) 9 G . ❑ Certified Mal Restricted Maw ! 9 rs- 0Adult Signature Required 9 r1.1 I ❑Adult 9gnature Ae*tr cted Delivery $ Ln postage ULIO 01. {[F�1 r-.3 Total Postage and Fees , f V of t+� I1�'fI Ln 1 IVTL I, 'Ti- ff" FAQs > PS Form 3600, January Your item was delivered to an individual at the address at 5:23 pm on July 15, 2023 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual CRESTVIEW, FL 32539 July 15, 2023, 5:23 pm See All Tracking History Text & Email Updates USPS Tracking Plus® Product Information Track Another Package m m m CT SD 0 SENDER: COMPLETE THIS SECTION, $ Complete items 1, 2, and 3. Print your name and gddresrs on the reverse so that we can retyn'11he $ d to you. Attachthis caccliaVilibadk of the mailplece, or on the faint _'1F pace permits. 1. ArtideAddresseda: THOMAS Pc eiteM cpfvl EVU FL P III IIIIII IIII i111111 11 IIII 11111111111111 9590 9402 6685 1060 6874 65 2. Article Number (Transfer from service label) PS Form 3811, July 2020 PSN 7530-02-000-9053 A. ON ,• Y DELIVERY [3 Agent ❑ Addresseo B.LRecead by (Printed Name) G. Date of Deli.. , D. Is delivery address ant firm item 1? ❑ Yee If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery .- erttRed Mali® Certified Mau Restricted Delivery ❑ Collect on Delivery o Collect on Delivery Restricted Delivery O Insured Mail 0 Insured Mall Resirk.ted Delivery over$500) 0 Priority Mail Exentes® A Registered MaiI!M Registered Mat Restricted velvety ❑ Signature Conlinnationim ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Enter tracking or barcode numbers STATE OF FLORIDA DEPARTMENT OF HEALTH OFFICIAL NOTICE TO ABATE SANITARY NUISANCE Authority: Chapter 386, FS DATE: S ! 2 Z3 Reference: (-9 1- 7g1- 0 TO: 11100-,G3--)rafOr _ ass M� � Q-tiF, FL -ass¶ You are directed to abate a sanitary nuisance injurious to health existing on property controlled by you at ?SS / c A-�. �,•r - (city, address, land description, etc.) /c:41. tic. An inspection of your property on 5121 Z3 deficiencies: �- 1 ' 1411 eC ,o r k..w-c t (i- � 4 -1-; c.,- &µ \r 1 ..Sc 1.1, G ,. - V y {-Gwll � . / J i , ki„,„ .� f °� -� h �Jr� o1+'C (� �d S 1a'�.v. AoI� clrGr cci iotit 11 fr11�% f c �J 4 rah(. cv'S G r, A '1/44h" 2 raw._+. . disclosed the following These deficiencies are a violation of 386.041 t (b) Florida Statutes. You are hereby directed to remedy this condition within 7 days of this notice. Follow up is scheduled on OS 10512 Your failure to correct this sanitary nuisance injurious to health may result in one of the following: (1) Injunction to abate nuisance: (2) Administrative fine; or (3) Criminal charge. Served upon: /k ' ' S 6r`` on the Z' day of /it71F2. A.D. agr , at Receipt �- Acknowledged by -; :'j�- Serving Party _ u fru-s Z �s� t \Aft 1) (Accepting Party) Address Serving Party Oro E �Q,.,`� Le.� �� -�cc- " EXHIBIT # 1 STATE OF FLORIDA DEPARTMENT OF HEALTH OFFICIAL NOTICE TO ABATE SANITARY NUISANCE Authority: Chapter 386, FS DATE: S72.cI/25 Reference: 7 c?1 - 3s 79 4 el) TO: u.-n 7rc^1 rJriw 3_'-.,-. F c_ 7Zd35 You are directed to abate a sanitary nuisance injurious to health existing on property controlled by you at t�'rrt� ✓;L �, �lss M e q ,rH . S� (city, address, land description, etc.) An inspection of your property on SI Zy/Z 3 disclosed the following deficiencies: •��d �r� 4}< ��� S t,or � 'll��� S.woS� l.(fi avc.,- _ --1- f Icck. I cc ANLe d-c1 Sv:l - These deficiencies are a violation of 386.041 OD) Florida Statutes. You are hereby directed to remed this condition within 2 days of this notice. Follow up is scheduled on 51u /1 ? Your failure to correct this sanitary nuisance injurious to health may result in one of the following: (1) Injunctionuuto abate nuisance: (2) Administrative tine; or (3) Criminal charge. St ryd unnn: E '" IT..v5 Gr�^`-, the 2'1 day of MGM? A.D. 20ZS, Tc a Receipt Acknowledged by (� � Cloy' Serving Party Amt. . !;•ve 1 FC,f Address Serving Party 1EI 0 6' T epting Party) Ll L.C.-9 f -57S3f CITY OF CRESTVIEW CODE COMPLIANCE DIVISION 201 Stillwell Blvd Crestview, FL 32539 (850) 683-0896 AFFIDAVIT OF SERVICE CASE # 23-700 I, Maddie Tatom, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, and that on the 4th day of August, 2023, I personally posted said Notice of Hearing at: 255 Mcarthur St, Crestview, Florida, in the County of Okaloosa. A copy of said notice is attached hereto. Affiant's Signature 08/15/2023 Date Before me, the undersigned authority personally appeared, Maddie Tatom, 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 15th day of August, 2023. (SEAL) osv Poe �o '""'• 4O NANCY HOUGH NOTARY PUBLIC: J/ l�G N� �•.;,;, •^ ,: � Commission # HH 325870 of FLo�` Expires November5, 2026 MY COMMISSION EXPIRES: i Form 54 EXHIBIT # 3 Appendix 9