HomeMy Public PortalAbout22-1399 1069 Gordon FOF
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs. CASE# 22-1399
Walter Harris & Sarah M Lee
1071 Martin Luther King Ave
Crestview, FL 32536
Respondents.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on August 15,
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, Walter Harris & Sarah M Lee, whose last known mailing address is 1071
Martin Luther King Ave, Crestview, FL 32536, is the owner of the property located at,
1069 Gordon Street, Crestview, FL 32536, AKA PIN# 18-3N-23-0000-0049-0010, and
more particularly described as: BEG AT SW COR OF SARAH LEE PROP N W DEG W 91.53
FT E 119. 36 FT S 2 DEG E 91.52 FT W 119 .36 FT TO POB
2. The conditions on the property consist of overgrown vegetation, trash and debris and a
structure in a state of disrepair. The violation(s) were first observed on August 30, 2022.
A Notice of Violation was mailed by certified mail October 4, 2022, and received by
respondent on October 6, 2022. The Notice stated that the condition(s), constituted a
violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), (k)
and Sec. 65 (f), (j), (k), (l), (m), (p). - Maintain a public nuisance prohibited, of the City of
Crestview’s Code of Ordinances and requested correction of the violation by November 3,
2022. Re inspection of the property on November 14, 2022, 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), (k) and Sec. 65 (f), (j), (k), (l), (m), (p). - 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. The customary hearing fee of $250 shall be waived.
9. On or before November 16, 2023, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove the accumulation or open storage of trash, debris, garbage, bottles, paper,
cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal,
tools, equipment, lawn and garden products, buckets, containers, appliances, hous ehold
furniture, bricks, concrete, scrap lumber or any other refuse of any nature from the
property.
b. Remove any uncultivated vegetation or vegetation exceeding twelve (12) inches in
height from the property.
c. Obtain the required permits and repair or replace the windows, exterior surface
treatment, structural supports, porches and balconies, stairs, chimneys, flues, and vent
attachments. Or obtain a demolition permit and demolish the structure. Remove all
demolition debris from the property.
10. If the violation(s) are not corrected by November 16, 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.
Done and Ordered on the 15th day of August 2023.
_______________________
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.