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HomeMy Public PortalAboutCase 23-700 Recorded FOFCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. GRANT THOMAS A 255 MCARTHUR ST CRESTVIEW FL 32539 Respondents. Inst. #3643139 Bk: 3688 Pg: 4997 Page 1 of 4 Recorded: 8/23/2023 12:10 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK Ifelix JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 23-700 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, Thomas A Grant, whose last known mailing address is 255 Mcarthur St., Crestview, FL 32539, is the owner of the property located at, 255 Mcarthur St, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0005-0100 , and more particularly described as: EDNEY 2ND ADD LOT 10 BLK 5. 2. The conditions on the property consist of a faulty lift station leaking sewage onto the ground. The violation(s) were first observed on June 9, 2023. A Notice of Violation was mailed by certified mail June 28, 2023, and received by respondent on June 29, 2023. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (6) . - Maintain a public nuisance prohibited, Chapter 90 — Section 110, of the City of Crestview's Code of Ordinances, and Florida State Statute 386.041 (lb), and requested correction of the violation by July 4, 2023. Re -inspection of the property on July 6, 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 (6). - Maintain a public nuisance prohibited, Chapter 90 Section 110, of the City of Crestview's Code of Ordinances, and Florida State Statute 386.041 (1b). 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, substantial 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, I find that a fine shall be imposed for the cost to abate the violation immediately 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 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. The Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the required permit and repair the faulty lift station. Treat soil with hydrated lime. 10. Because the respondent has failed to comply, the City of Crestview is authorized to and 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. 11. A fine will be imposed pursuant to Florida Statutes Chapter 162. If the City undertakes to resolve the health safety concerns as authorized above and the costs of such abatement efforts are less than $5,000, then the fine shall be the actual costs incurred by the City and billed to the Respondent. If the cost of repairs performed by the City exceeds $5000, the fine shall be $5,000 and any costs in excess of $5,000 shall be added to any unpaid costs, fines, or fees hereunder and shall be a lien on the property as authorized by law. 12. 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. 13. The fines and costs imposed herein shall accrue interest at the highest rate allowed by law. Done and Ordered on the 15th day of August 2023. Digitally signed by CERTIFIED A TRUE Sam Taylor Sam Taylor AND Date: 2023.08.21 �.{� CORRECT OPY 13:23:39 -05'00' BYE ' 1 Special Magistrate City of Crestview, Florida C: Ue.a` DATE: Q - 00 a 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.