Loading...
HomeMy Public PortalAbout09112023 City Council Regular Meeting Agenda PacketCITY OF CRESTVIEW CITY COUNCIL CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 11, 2023 6:00 P.M. CITY COUNCIL CHAMBERS The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Elder John Reaves of Joy Fellowship 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. 9/11 Proclamation 5.2. American Heritage Girl Troop Proclamation 5.3. Presentation of Employee of the Quarter 5.4. Tourism Development Council - Tourism Presentation 6. Consent Agenda 6.1. Police K9 Purchase Contract 6.2. Tidal Wave Auto Spa Traffic MOU 6.3. DW Josey Plaza Traffic MOU 6.4. Phillips Energy Truck Stop Traffic MOU 6.5. Approval of August 28th CRA/City Council Special Meeting and City Council Regular Meeting Minutes 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Ordinance 1950 - Sexual Offender and Predator Residency Restrictions 8.2. Ordinance 1951 — Police and Firefighters' Retirement Page 1 of 656 9. Resolutions 10. Action Items 10.1. Authorization to Proceed with the Foreclosures of Code Compliance Liens 11. City Clerk Report 12. City Manager Report 12.1. City Manager Updates 13. Comments from the Mayor and Council 14. Comments from the Audience 15. Adjournment All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 2 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation Item # 2.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jerry Whitten, Mayor 8/31/2023 Elder John Reaves of Joy Fellowship BACKGROUND: Area clergy volunteer to provide the Invocation. DISCUSSION: The invocation is provided as a service to the community. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a COMMENDED ACTIO No action required. Page 3 of 656 Attachments None Page 4 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation Item # 5.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jerry Whitten, Mayor, Ryan Bullard, Council Member 9/8/2023 9/11 Proclamation BACKGROUND: The September 11 attacks, commonly known as 9/11, were four coordinated Islamist suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. DISCUSSION: On behalf of Mayor JB Whitten and the City of Crestview City Council members, we encourage everyone to join us in a moment of silence to honor those who lost their lives so senselessly yet bravely. Let us offer our prayers for the survivors, the soldiers, and the first responders who gave their all. We express our gratitude, pay our respects, and mark this day, September 11, as the day our nation began to rebuild. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Page 5 of 656 n/a RECOMMENDED ACTION No action required. Attachments 1. signed September 11 proclamation JB Whitten Page 6 of 656 a folk easafiratnen September 11 WHEREAS The September 11 attacks, commonly known as 9/11, were four coordinated Islamist suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001, and WHEREAS 19 terrorists hijacked four commercial airliners and crashed the first two planes into the Twin Towers of the World Trade Center in New York City and aimed the next two flights toward targets in or near Washington, D.C., in an attack on the nation's capital, and WHEREAS The third team succeeded in crashing into the Pentagon, the headquarters of the U.S. Department of Defense in Arlington County, Virginia, the fourth plane crashed in rural Pennsylvania following a passenger revolt, and WHEREAS the attacks killed nearly 3,000 people, injured thousands more, and gave rise to substantial long-term health consequences while also generating at least $10 billion in infrastructure and property damage, instigating the multi -decade global war on terror and WHEREAS It has been described by many as the deadliest terrorist act in human history and remains the deadliest incident for both firefighters and law enforcement personnel in the history of the United States, killing a substantial amount of people from each organization and WHEREAS on the day of the attacks, New York City Mayor Rudy Giuliani declared, "We will rebuild and emerge even stronger, both politically and economically. The skyline will be restored." and WHEREAS Every year in New York City, a solemn ceremony is held to honor the victims who lost their lives. Their names are read aloud while mournful music plays in the background. The President of the United States attends a memorial service at the Pentagon and urges Americans to observe Patriot Day in silence. AND SO, THEREFORE, On behalf bf Maybr JB Whitten and the City bf Crestview council members, we encourage everyone to join us in a moment of silence to honor those who lost their lives so senselessly yet bravely. Let us offer our prayers for the survivors, the soldiers, and the first responders who gave their all. We express our gratitude, pay our respects, and mark this day, September 11, as the day our nation began to rebuild. JB Whitten, Mayor //// /23 Date Page 7 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation Item # 5.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jerry Whitten, Mayor 9/8/2023 American Heritage Girl Troop Proclamation BACKGROUND: The American Heritage Girl program was developed in 1995 by a group of parents who wanted a Christ - centered program for their daughters. There are troops in all 50 states. DISCUSSION: Mayor JB Whitten will present a proclamation to the American Heritage Girl Troop for the National Day of Service. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Page 8 of 656 No action required. Attachments 1. signed AHG proclamation 2023 Page 9 of 656 a lat. CILZWISM3 Iii WHEREAS The American Heritage Girl program was developed in 1995 by a group of parents who wanted a Christ -centered program for their daughters and WHEREAS today, there are troops in all 50 states and girls being served in 15 countries around the globe. WHEREAS all biological girls of any color, race, national origin, and socioeconomic status who agree to live according to the standards of the AHG Oath and the AHG Creed are eligible for membership and WHEREAS AHG brings together girls aged 5 to 18 in a single Troop, who then split into Units based on Levels. This provides AHG girls with valuable opportunities to socialize with friends and godly mentors of different ages. Members also learn leadership skills in a group setting, and WHEREAS The American Heritage Girl program emphasizes life skill enhancement, developing teamwork & building confidence, social development, girl leadership, character development, spiritual development, and WHEREAS The American Heritage Girls Troop has been active in Crestview since January 2021, with approximately 60 girls participating in various community events. Together, they have amassed over 1000 service hours for the 2022-2023 year, and WHEREAS, upon swearing into the program, these young ladies promise to love God, cherish their families, honor their country, and serve in their community. Therefore, As the Mayor of Crestview, Florida, I, JB Whitten, am here today to urge you to join me in supporting a wonderful organization that empowers young women of faith. Let us come together and celebrate these young women, reminding them that they were created with a unique purpose and are destined for greatness. Together, we can uplift and inspire these girls to be the confident, capable leaders they were meant to be. Date Whitten, Mayor Page 10 of 656 CITY OF CRESTVIEW Item # 5.3. Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jessica Leavins, Administrative Services Director, Tim Bolduc, City Manager 9/8/2023 Presentation of Employee of the Quarter BACKGROUND: The City of Crestview appreciates the efforts of employees to achieve our mission. Outstanding employees deserve to be recognized both as a reward for exceptional performance and as a model to other employees. The "One City One Mission" program recognizes two employees each quarter: one member of the general staff and one public safety employee. Nominations for the award are submitted by employees and the winners are selected by a committee consisting of the department heads. Nominations are based on excellent job performance, dependability and/or innovation during the quarter for which the award is to be given. All nominations relate back to the City's mission "The City of Crestview's mission is to improve the quality of life by providing exceptional municipal services" or motto of "One City, One Mission". This program is sponsored by All In Credit Union. DISCUSSION: This quarter's winners are Ronnie Owens and Captain Corey Winkler. Mr. Owens is a mechanic with the Fleet Division. He has been with the City of Crestview for eight years. His dedication, skill, and commitment to ensuring that our city vehicles are restored to proper working condition did not go unnoticed. When our grapple truck encountered mechanical issues, we were concerned about the impact it could have on our waste management operations. His prompt response and thorough diagnosis quickly put our minds at ease. Ronnie's expertise in identifying the root causes of the problems and his adeptness in executing the necessary repairs were truly impressive. Ronnie's attention to detail and meticulous approach were evident in every aspect of his work. From diagnosing the complex hydraulic system to addressing electrical malfunctions, he demonstrated a level of expertise that exceeded our expectations. His dedication to quality as well as safety is a testament to the professionalism and high standards expected in the fleet maintenance profession. Not only did he repair the mechanical issues, but also took the time to educate other employees about preventive maintenance practices that can help extend the lifespan of our trucks. His willingness to share his knowledge and provide valuable insights was greatly appreciated. Our city's grapple truck is now back in service, thanks to his exceptional skills and dedication. Ronnie's work has not only saved us time and money, but has also allowed us to continue providing exceptional municipal services. Captain Winkler works as a part of the Fire Department's Public Education and Inspections division as a fire inspector. Mr. Winkler has been with the Crestview Fire Department for 15 years. Corey demonstrates that he is a professional and easy to work with in many ways. This year, he's coordinated between line personnel and the Public Services Division to ensure that City employees and Firefighters were able to coordinate at multiple city events. Corey regularly takes the time to ensure that various programs are on track at the fire department, including safety, fire prevention, car seat installations and fire inspections. Corey also coordinated with several outside agencies to host and instruct the CPR, Incident Safety Officer class and others, which involved Firefighters from four different departments and citizens. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local Page 11 of 656 government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff FINANCIAL IMPACT RECOMMENDED ACTION No action needed. Attachments None Page 12 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation Item # 5.4. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Tim Bolduc, City Manager 9/8/2023 Tourism Development Council - Tourism Presentation BACKGROUND: DISCUSSION: GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT COMMENDED ACTIO No action required. Page 13 of 656 Attachments None Page 14 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Stephen McCosker, Police Chief, Brian McCallum, Major 9/8/2023 Police K9 Purchase Contract BACKGROUND: Police canines provide critical tools to enforce and assist with narcotics detection, search and rescue, apprehension, as well as public service through positive community service projects and demonstrations. The Crestview Police Department currently has two full-time, dual-purpose K9 handlers and dogs. To provide continuous availability for the resources that police K9s provide, the police department needs 4 full- time K9 teams. Historically, the department has 4 full-time K9s, but the recent retirements of two dogs, due to age, has left the department with the need to fill the two retired positions. DISCUSSION: The attached contract is from K9 Robbyfarm, who the police department has a well -established history with. K9 Robbyfarm has either provided or trained the police department's last 3 police K9s. The health of the K9s the police department has received in the past has been superior. K9 Robbyfarms also provides an excellent level of training. Other larger agencies, such as the Santa Rosa County Sheriffs Office, also utilize their training. In addition to training, K9 Robbyfai tins ensures certification through the National Narcotics Dog Detector Association (NNDDAA). All of the police departments' current K9 handlers have a good working relationship with K9 Robbyfarm and support the continued relationship. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Page 15 of 656 Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The attached contract provides a dual purpose K9 dog, training, NNDDAA certification, health guarantee and a work ability guarantee. The cost is $15,000.00 and will be funding from residual monies. RECOMMENDED ACTION Staff respectfully requests a motion to approve the contract and to be sent to the Mayor and City Clerk for signature. Attachments 1. K9 Robbyfarms Crestview PD Page 16 of 656 K9 Robbyfarm Sales Agreement ROlililEIR 11.COM K9 Robbyfarm LLC, hereinafter described as "Seller", agrees to transfer ownership of the dog described below to "Crestview Police Department", hereinafter described as "Purchaser", effective September 2023. Purchaser assumes sole responsibility for the care and welfare of the dog describe herein, as well as the welfare of those who may come in contact with the animal once received. K9: _Dual_Purpose_Police_Dog Sex: DOB: Color: Name: Chip # Description: _Dual Purpose Police K9 with training and NNDDA certification in Patrol and Narcotics_ Purchaser: _Crestview Police Department_ Phone #_(850) 682-3544 Street: _201 Stillwell Blvd_ City: _Crestview_ State: FL Zip: 32539 Authorized Representative: _Chief Stephen McCosker_ Signature: Dual K9 with training and NNDDA certification $15,000.00 USD K9 Robbyfarm does not refund money under any circumstances. Your new dog must be evaluated by a Board Certified, Doctor of Veterinary Medicine within ten (10) days of purchase. Terms and Conditions Health Guarantee K9 Robbyfarm LLC, offers a one (1) year guarantee that your dog will be free from SKELETAL diseases of the hips, elbows, and spine. K9 Robbyfarm LLC, offers a one (1) year guarantee on GENETIC diseases preventing the purchased canine from preforming their duties as a dual/single purpose, or personal protection dog. Work Ability Guarantee This means upon delivery if the canine lacks drive or temperament in the discipline for which they were purchased to work in, or if there is a problem that cannot be corrected by our staff on site, the K9 will be replaced. This DOES NOT cover the dog if it was abused or neglected while under the care of you, your agency, or any of its representatives. All returns are subject to evaluation by a third party trainer, and licensed veterinarian for validation prior to processing all claims. Page 17 of 656 Replacement Provision If a replacement is necessary for any reason, you must contact our office, in writing, to report your claim. K9 Robbyfarm LLC, has 45 days to replace any UNTRAINED canine. Replacing TRAINED canines will require 45 days, PLUS required training time in the discipline for which the canine was purchased. We will do our best to select a suitable replacement from the dogs already in training with K9 Robbyfarm LLC. In most cases, we can provide you a replacement in less than 45 days. However, in extreme cases you may have to wait up to 10 weeks for Narcotics Detection, 12 weeks for Explosive Detection, and 16 weeks for Dual Purpose. Dispute Resolution If a dispute arises out of or relates to this Sales Agreement, or the breech thereof, and if the dispute cannot be settled through negotiation, the parties herein agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. ** NOTE: Guarantee is VOID if a Doctor of Veterinary Medicine does not perform exam within ten (10) days of purchase. ** NOTE: Guarantee is VOID if payment is not received, in full, within 30 days of invoice date. This contract is binding by signatures below I (print name clearly) have read and understood the Terms and Conditions, Health Guarantee, Work Ability Guarantee, Replacement Provision, and Dispute Resolution section of the Robbyfarm LLC, Sales Agreement. Purchaser Signature: Date: Seller Signature: Date: _8/24/23 K9 Robbyfarm Training Facilities www.robbvfar _ (850) 380-1651 (850) 450-6900 3171 Russell Wade Road Jay, FL 32565 Page 18 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director 9/8/2023 Tidal Wave Auto Spa Traffic MOU BACKGROUND: Staff received the initial application submittal for the Tidal Wave Auto Spa project, a proposed car wash facility with 28 service stalls, at 1650 S Ferdon Blvd, on March 23, 2023. For commercial projects, staff reviews each project's traffic study or report and any transportation related improvements proposed, to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the Tidal Wave Auto Spa project, staff reviewed the traffic study provided resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $22,500.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per -trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued.This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational — these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability — Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency — To efficiently & effectively provide the highest quality of public services. Infrastructure — Satisfy current and future infrastructure needs. Quality of Life — these six areas focus on the overall experience when provided by the city. Community Character — Promote desirable growth with a hometown atmosphere. Safety — Ensure the continuous safety of citizens and visitors. Mobility — Provide safe, efficient and accessible means for mobility. FINANCIAL IMPACT Page 19 of 656 This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. Tidal Wave - Traffic MOU Page 20 of 656 MEMORANDUM OF UNDERSTANDING August 29, 2023 Subject: Tidal Wave Auto Spa (S. Ferdon Ave) (the Development) City of Crestview, Florida & OLP RW Properties, LLC (the Developer) Based upon the City of Crestview Engineering Standards Manual Chapter 5.1, this Memorandum of Understanding is in reference to the proposed Tidal Wave Auto Spa (S. Ferdon Ave) (the Development) and has been provided with the following acknowledgements: • The Development generates significant traffic capacity impacts (395 trips) to the surrounding roadway network and no offsite roadway improvements are proposed as part of the Development. • The City of Crestview is constructing offsite roadway improvements to mitigate traffic impacts. • The developer shall participate in cost not to exceed the total amount of $22,500 (395 trips x $56.94/trip) to be held in escrow by the City of Crestview for these proposed improvements. This cost was determined by an established per trip cost based on total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. City of Crestview OLP RW Properties, LLC BY: J.B. Whitten, Mayor BY: Rick 01, ii, Manager Maryanne Schrader, City Clerk Page 21 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.3. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director 9/8/2023 DW Josey Plaza Traffic MOU BACKGROUND: Staff received the initial application submittal for the DW Josey Plaza project, a 13,000 square foot commercial development and associated site improvements, at 1132 and 1134 Highway 85 N, on March 24, 2023. For commercial projects, staff reviews each project's traffic study or report and any transportation related improvements proposed to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the DW Josey Plaza project, staff reviewed the traffic study provided, resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $35,000.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per -trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational — these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability — Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency — To efficiently & effectively provide the highest quality of public services. Infrastructure — Satisfy current and future infrastructure needs. Quality of Life — these six areas focus on the overall experience when provided by the city. Community Character — Promote desirable growth with a hometown atmosphere. Safety — Ensure the continuous safety of citizens and visitors. Mobility — Provide safe, efficient and accessible means for mobility. FINANCIAL IMPACT Page 22 of 656 This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. DW Josey Plaza MOU Page 23 of 656 MEMORANDUM OF UNDERSTANDING July 27, 2023 Subject: DW Josey Plaza (the Development) City of Crestview, Florida & DW Josey Properties Co. (the Developer) Based upon the City of Crestview Engineering Standards Manual Chapter 5.1, this Memorandum of Understanding is in reference to the proposed DW Josey Plaza (the Development) and has been provided with the following acknowledgements: • The Development generates significant traffic capacity impacts to the surrounding roadway network and no offsite roadway improvements are proposed as part of the Development. • The City of Crestview is constructing offsite roadway improvements to mitigate traffic impacts. • The developer shall participate in cost not to exceed the total amount of $35,000 to be held in escrow by the City of Crestview for these proposed improvements. This cost was determined by an established per trip cost based on total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. City of Crestview DW Josey Properties Co. BY: J.B. Whitten, Mayor Bv: Alisha Suggs, Maryanne Schrader, City Clerk dent Page 24 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item Item # 6.4. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Barry Henderson, Development Services Director 9/8/2023 Phillips Energy Truck Stop Traffic MOU BACKGROUND: Staff received the initial application submittal for the Phillips Energy Truck Stop project, a new 4,000 square foot convenience store, additional fuel stalls and associated site improvements, at 806 W James Lee Blvd, on January 1, 2022. For commercial projects, staff reviews each project's traffic study or report and any transportation related improvements proposed, to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the Phillips Energy Truck Stop project, staff reviewed the traffic study provided resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $39,200.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per -trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued.This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational — these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability — Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency — To efficiently & effectively provide the highest quality of public services. Infrastructure — Satisfy current and future infrastructure needs. Quality of Life — these six areas focus on the overall experience when provided by the city. Community Character — Promote desirable growth with a hometown atmosphere. Safety — Ensure the continuous safety of citizens and visitors. Mobility — Provide safe, efficient and accessible means for mobility. FINANCIAL IMPACT Page 25 of 656 This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. Phillips Energy Traffic MOU Page 26 of 656 MEMORANDUM OF UNDERSTANDING September btu', 2023 Subject: Phillips Energy Truck Stop (the Development) City of Crestview, Florida & Phillips Energy, Inc. (the Developer) Based upon the City of Crestview Engineering Standards Manual Chapter 5.1, this Memorandum of Understanding is in reference to the proposed Phillips Energy Truck Stop (the Development) and has been provided with the following acknowledgements: • The Development generates significant traffic capacity impacts to the surrounding roadway network and no offsite roadway improvements are proposed as part of the Development. • The City of Crestview is constructing offsite roadway improvements to mitigate traffic impacts. • The developer shall participate in cost not to exceed the total amount of $39,200.00 to be held in escrow by the City of Crestview for these proposed improvements. This cost was determined by an established per trip cost based on total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. City of Crestview Phillips Energy, Inc. BY: J.B. Whitten, Mayor BY: l pert Phillips, Mafiager Maryanne Schrader, City Clerk Page 27 of 656 DEVELOPMENT UTILITY FEES Name of Project: Phillips Energy Truck Stop Address: 806 W James Lee Blvd Nearest Water Line: Old Milligan Nearest Sewer Line: Sprin'gCr ek Blvd Size: 6" Size: Forcemain Fees*to be collected by the Utility Department 1 Wa ekConne /ions: 1 Irrigation Connections: Sewer Connection: Meter Deposit: BFP` Fire Hydrant: Size Number Unit Cost Total \ 6" 1 $ 4,500.00 $ 4,500.00 \ 1�5" 1 $ 1,500.00 $ 1,500.00 ' „ITN 1 $ 1,000.00 $ 1,000.00 ' 2" OM),,, 1 $ 1,730.00 $ 1,730.00 1" ) 1 $ 250.00 $ 250.00 X1..5" 1 $ 250.00 $ 250.00 ' "' ,/ $ 40.00 $ 40.00 .� �'/ /1 f. $ 40.00 $ 40.00 X16". \ % // / 0 _ - $ - Water Impact: Sewer Impact: Traffic Mitigation: —' S b -Total: $ 9,310.00 # ERU' Unit Cost Total `•, ,-5 $ 1,57,•5.00 $ 7,875.00 c2 , ,$ 3,6'0000 $ 7,200.00 688 .$" 56.94 :. $`., 39,200.00 7Sub=Total: $' 15,075.00 Totalv'$ 24,385,00 * Fees associated with 2022-2023 Complphensive Fee'Schedble Paid Notes: 1 ERU reduction for existing development. Traffic mitigation paid prior tb\6O issuance. ti Prepared by: Nicholas Schwendt Date: 9/6/23 Page 28 of 656 CITY OF CRESTVIEW Item # 6.5. Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 9/1/2023 SUBJECT: Approval of August 28th CRA/City Council Special Meeting and City Council Regular Meeting Minutes BACKGROUND: Routine approval of past minutes. DISCUSSION: The draft minutes were distributed prior to the meeting. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Page 29 of 656 Staff respectfully requests a motion to approve the August 28, 2023 CRA/City Council Special Meeting minutes and the August 28, 2023 Regular Meeting Minutes. Attachments 1. 08282023 City Council Regular Minutes Draft 2. 08282023 CRA CC Special Joint Meeting Minutes Draft Page 30 of 656 City Council Minutes - DRAFT August 28, 2023 6:00 p.m. Council Chambers 1. Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps, Cynthia Brown, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. 2. Invocation, Pledge of Allegiance The Invocation and Pledge of Allegiance was led by Pastor Mark Dillman of Airport Road Church of Christ. 2.1. Pastor Mark Dillman of Airport Road Church of Christ 3. Open Policy Making and Legislative Session Mayor JB Whitten established a quorum was met and reviewed the rules of procedure. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Mayor Pro-Tem Andrew Rencich to approve the agenda, as presented. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 5.1. Check Presentation - A Bed 4 Me Councilmember Cynthia Brown presented a check from Council's discretionary fund for $2,500 to Diane Freeman, Executive Director of A Bed 4 Me Foundation. Ms. Freeman thanked Councilmember Cynthia Brown stating on behalf of the non- profit she appreciated the assistance from the City Council. 6. Consent Agenda Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Cynthia Brown to approve the Consent agenda, as presented. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. Councilmember R. Bullard voiced concern about the traffic MOU's and asked about 11 Page Page 31 of 656 revisiting the traffic impact fees, as they need to come up to par. 6.1. Home2 Suites Traffic MOU 6.2. Texas Roadhouse Traffic MOU 6.3. Florida Department of Corrections MOA #A5267 6.4. Approval of August 14th City Council Workshop and Regular Meeting Minutes 7. Public Hearings / Ordinances on Second Reading 7.1. Ord. 1938 - Retta Lane Annexation Planning Administrator Nicholas Schwendt presented Ordinance 1938, Retta Lane Annexation to the City Council stating the item includes the Memorandum of Understanding that provides a six-month window to the applicant before the need to apply for rezoning and amendment to the Comprehensive Plan. He went over the required notices and posting and asked the City Clerk to read the ordinance by title. City Clerk Maryanne Schrader read Ordinance 1938 aloud: An Ordinance annexing to the City of Crestview, Florida, ± 29.77 acres of contiguous lands located in section 30, Township 3 north, Range 23 west, and being described as set forth herein; providing for authority; providing for land description; providing for boundary; providing for land use and zoning designation; providing for amendment to the base, land use and zoning maps; providing for a Comprehensive Plan Amendment; providing for filing with the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Ryan Bullard to adopt Ordinance 1938 on 2nd reading. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.2. Ord. 1941 - Jones Road Annexation Planning Administrator N. Schwendt presented Ordinance 1941, Jones Road Annexation, to the City Council stating the next three ordinances concern 114 Jones Road. There are no development plans received for the property. He went over the required notices and posting and asked the City Clerk to read the ordinance by title. City Clerk Maryanne Schrader read Ordinance 1941 aloud: An Ordinance annexing to the City of Crestview, Florida, ± 1.84 acres of contiguous lands located in section 4, Township 3 north, range 23 west, and being described as set forth herein; 21 Page Page 32 of 656 providing for authority; providing for land description; providing for boundary; providing for land use and zoning designation; providing for amendment to the base, land use and zoning maps; providing for a Comprehensive Plan Amendment; providing for filing with the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Ryan Bullard to adopt Ordinance 1941 on 2nd reading. Roll Ca11: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.3. Ord. 1942 - Jones Road Comprehensive Plan Amendment Planning Administrator N. Schwendt presented Ordinance 1942 - Jones Road Comprehensive Plan Amendment to the City Council stating the information is the same as in the previous ordinance. He then asked the City Clerk to read the ordinance by Title. City Clerk Maryanne Schrader read Ordinance 1942 aloud: An ordinance of the City of Crestview, Florida, amending its adopted Comprehensive Plan; providing for authority; providing for findings of fact; providing for purpose; providing for changing the Future Land Use designation from Okaloosa County Mixed Use to Mixed Use (MU) on approximately 1.84 acres, more or less, in Section 4, Township 3 north, Range 23 west; providing for Future Land Use map amendment; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Mayor Pro-Tem Andrew Rencich to adopt Ordinance 1942 on second reading. Roll Ca11: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.4. Ord.1943 - Jones Road Rezoning City Attorney Jonathan Holloway swore in Planning Administrator N. Schwendt for the quasi-judicial segments of the meeting. Planning Administrator N. Schwendt presented Ordinance 1943, Jones Road Rezoning, for second reading. He asked the City Clerk to enter the staff report into 31 Page Page 33 of 656 the record: Background: On June 23, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 114 Jones Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designations of Mixed Use. The application requests the Mixed -Use zoning designation for the property. The Planning and Development Board recommended approval of the request on August 7, 2023, and the first reading was approved by the City Council on August 14, 2023. Discussion: The property description is as follows: Property Owner: King Larry R & Cynthia S, P 0 Box 1798, Crestview, FL 32539, Parcel ID: 04-3N-23-1840-0007- 0020, Site Size: 1.84 acres, Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Private School. The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction: North; FLU: Mixed Use; Zoning: Mixed Use; Existing Use: Vacant; Direction: East; FLU: Commercial & Okaloosa County Mixed Use; Zoning: Commercial Low -Intensity District (C-1) & Okaloosa County Mixed Use; Existing Use: Residential & Commercial; Direction: South; FLU: Commercial; Zoning: Commercial Low -Intensity District (C-1); Existing Use: Residential; Direction: West; FLU: Mixed Use & Okaloosa County Mixed Use; Zoning: Mixed Use & Okaloosa County Mixed Use; Existing Use: Vacant & Residential. The subject property is currently developed for commercial use and a development application has not been submitted. Based on the requested land -use and zoning designations, the property use will continue as a business. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 18, 2023. The property was posted on July 25, 2023. An advertisement ran in the Crestview News Bulletin on July 27 and August 3, 2023. Planning Administrator N. Schwendt asked the City Clerk to read the ordinance by title. City Clerk Maryanne Schrader read Ordinance 1943 aloud: An ordinance of the City of Crestview, Florida, providing for the rezoning of 1.84 acres, more or less, of real property, located in section 4, Township 3 north, Range 23 west, from the Okaloosa County Mixed Use zoning district to the Mixed Use (MU) zoning district; providing for authority; providing for the updating of the Crestview zoning map; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. 41 Page Page 34 of 656 Motion by Councilmember Joe Blocker and seconded by Mayor Pro-Tem Andrew Rencich to adopt Ordinance 1943 on 2nd reading. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.5. Ord. 1944- Antioch Road Annexation Planning Administrator N. Schwendt presented Ordinance 1944 - Antioch Road Annexation. He went over the current zoning and required notices and posting and asked the City Clerk to read the ordinance by title. City Clerk Maryanne Schrader read Ordinance 1944 aloud: An Ordinance annexing to the City of Crestview, Florida, ± 5.30 acres of contiguous lands located in section 26, Township 3 north, Range 24 west, and being described as set forth herein; providing for authority; providing for land description; providing for boundary; providing for land use and zoning designation; providing for amendment to the base, land use and zoning maps; providing for a Comprehensive Plan Amendment; providing for filing with the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Cynthia Brown to adopt Ordinance 1944 on second reading. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.6. Ord. 1945 - Antioch Road Comprehensive Plan Amendment Planning Administrator N. Schwendt presented Ordinance 1945, Antioch Road Comprehensive Plan Amendment, stating the information is the same as the previous ordinance. He then asked the City Clerk to read Ordinance 1945 by Title. City Clerk Maryanne Schrader read Ordinance 1945 aloud: An Ordinance of the City of Crestview, Florida, Amending its adopted Comprehensive Plan; providing For authority; providing for findings of fact; Providing for purpose; providing for changing the Future Land Use designation from Okaloosa County Low density residential to Mixed Use (MU) on approximately 5.30 acres, more or less, in Section 26, Township 3 north, Range 24 west; providing for Future Land Use map amendment; providing for severability; providing for scrivener's errors; providing for Liberal interpretation; providing for repeal of Conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing 51 Page Page 35 of 656 none, he called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Ryan Bullard to adopt Ordinance 1945 on second reading. Roll Ca11: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.7. Ord. 1946 - Antioch Road Rezoning Planning Administrator N. Schwendt presented Ordinance 1946, Antioch Road Rezoning and asked the City Clerk to enter the staff report into the record: Background: On July 13, 2023 staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at Antioch Road and GMC Lane. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential -1, respectively. The application requests the Single and Multi -Family Density Dwelling District (R-3) zoning designation for the property. The Planning and Development Board recommended approval of the request on August 7, 2023, and the first reading was approved by the City Council on August 14, 2023. Discussion: The property description is as follows: Property Owner: RSW Foundation LLC, 308 W James Lee Blvd Crestview, FL 32536, Parcel ID: 26-3N-24-0000-0006-0000, 26 -3N -24-0000-0002-002A, 26-3N-24-0000-0002- 0090, Site Size: 5.30 acres, Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential -1 Current Land Use: Vacant. The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction: North, FLU: Mixed Use, Zoning: Single and Multi -Family Density Dwelling District (R-3), Existing Use: Vacant; Direction: East, FLU: Mixed Use & Okaloosa County Low Density Residential, Zoning: Single and Multi -Family Density Dwelling District (R-3) & Okaloosa County Residential -1, Existing Use: Residential & Vacant Direction: South, FLU: Mixed Use & Okaloosa County Low Density Residential, Zoning: Single and Multi -Family Density Dwelling District (R- 3) & Okaloosa County Residential -1, Existing Use: Residential & Vacant; Direction: West, FLU: Okaloosa County Agriculture, Zoning: Okaloosa County Agricultural, Existing Use: Residential & Vacant. The subject property is currently vacant, and a development application has not been submitted. Based on the requested land -use and zoning designations, the property use can be developed for residential use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 18, 2023. The property was posted on July 25, 2023. An advertisement ran in the Crestview News Bulletin on July 27 & August 3, 2023. He then asked the City Clerk to read Ordinance 1946 by Title. City Clerk Maryanne Schrader read Ordinance 1946 aloud: An Ordinance of the City of Crestview, Florida, providing for the rezoning of 5.30 acres, more or less, of real 61 Page Page 36 of 656 property, located in Section 26, Township 3 north, Range 24 west, from the Okaloosa County Residential -1 Zoning District to the Single and Multi -family Density Dwelling District (R-3) Zoning District; providing for authority; providing for the updating of the Crestview zoning map; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Joe Blocker to adopt Ordinance 1946 on second reading. Roll Ca1l: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.8. Ord. 1947 - Price -Gregory Vacation Planning Administrator N. Schwendt presented Ordinance 1947, Price Gregory Vacation Way. He explained this ordinance will vacate the portion of Price -Gregory Way as right-of-way and grant it to the adjacent property owner. He then asked the City Clerk to read Ordinance 1947 by Title. City Clerk Maryanne Schrader read Ordinance 1947 aloud: An Ordinance of the City of Crestview, Florida, vacating and abandoning a portion of Price -Gregory Way, located in Section 29, Township 3 north, Range 23 west, more specifically described herein; providing for update of the Crestview base, zoning and land use maps; providing for repeal of conflicting ordinances; providing for filing of this ordinance with the Clerk of Circuit Court of Okaloosa County; providing for severability; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to adopt Ordinance 1947 on second reading. Roll Ca1l: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.9. Ord. 1948 - Comprehensive Plan Amendment - Commercial Density Planning Administrator N. Schwendt presented Ordinance 1948, Comprehensive Plan Commercial Density. He explained this will solidify recommendations suggested by the consultant to clearly ensure the maximum density allowance be added to the Commercial category in the Future Land Use Element of our Comprehensive Plan. He then asked the City Clerk to read Ordinance 1948 by Title. City Clerk Maryanne Schrader read Ordinance 1948 aloud: An Ordinance providing for a Comprehensive Plan Amendment; amending Chapter 7, policy 7.A.3.4, Subsection 3, regarding density in the Commercial Future Land Use category; 71 Page Page 37 of 656 providing for authority; providing for filing with the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Joe Blocker to adopt Ordinance 1948 on second reading. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 7.10. Ord. 1949 - Comprehensive Fee Schedule Amendment Planning Administrator N. Schwendt presented Ordinance 1949, Comprehensive Fee Schedule amendment. He mentioned this is an overall update of the Comprehensive Fee Schedule to coincide with the annual budget process, as well as to allow each department an opportunity to inspect and propose updates and adjust our fees to match the cost of services. He then asked the City Clerk to read Ordinance 1949 by Title. City Clerk Maryanne Schrader read Ordinance 1949 aloud: An Ordinance of the City of Crestview, Florida, providing for a retroactive twenty percent reduction of building permit fees; providing for a twenty percent reduction of building permit fees for not less than one year; providing for an amendment updating the comprehensive fee schedule; providing for filing of this ordinance with the Clerk of the Circuit Court of Okaloosa County; providing for authority; providing for severability; providing for scrivener's errors; providing for liberal interpretation; providing for repeal of conflicting codes and ordinances; and providing for an effective date. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to adopt Ordinance 1949 on second reading. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 8. Ordinances on First Reading — No item brought forward. 9. Resolutions — No item brought forward. 10. Action Items 81 Page Page 38 of 656 10.1. Retirement Ordinance Amendment City Manager T. Bolduc went over the need for amending the current plan to allow retirement after 25 years of service, regardless of age. The amendment also changes the allocation of 175/185 contributions to the City of Crestview. He mentioned the actuary reviewed the participants, as well as the contributions from the employees. He added the city subsidizes any fluctuation. The plan will increase contributions by 3% increase. Firefighter David Griggs came forward stating he is the Vice Chair of the Board. One major item is recruitment of personnel, as 70% of the depaitiuents surrounding us are already doing it. He said they have polled and received a unanimous vote to move to the new plan. Major Andrew Schneider came forward stating he is the Chair of the Board. He explained that staff reaching eligibility with service may not reach the age requirement, so this action will rectify that issue. Discussion ensued. City Manager T. Bolduc said recruitment is part of the decision as well as rotation of personnel. He added the city is able to offset the expense. It is a good business move and will create incentives for the employees. He added no employees plan to take advantage in this incentive immediately. There was general consensus of support from the Council. 10.2. Purchase of Property -211 Bowers Avenue West City Manager T. Bolduc said the purchase price of the property at 211 West Bowers Avenue is $120,000. The property is adjacent to the properties the city currently owns. This purchase will provide more options for affordable housing. The funding for this purchase and the demolition and clean-up of the properties is in the undesignated fund balance. The intention is to tear down the building on the property adding there is a lot of police enforcement issues at this location. Mayor JB Whitten called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve the contract for the purchase of the property in the amount of $120,000. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. 10.3. Approval of Concessionaire Services Bid Submittal City Manager T. Bolduc stated on August 23, 2023, one sealed bid was received from Hub City Smokehouse. The Finance department reviewed the bid finding the bid met all specifications. He added the current contract sunset on August 1St. He 91 Page Page 39 of 656 added we start games on September 1st. Mayor JB Whitten called for action. Motion by Councilmember Ryan Bullard and seconded by Councilmember Cynthia Brown to accept the proposal from Hub City Smokehouse and direct the City Attorney to move forward with the contract preparation and permit Mike Carroll to move forward and provide the service during the contract preparation. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard. All ayes. Motion carried. City Attorney J. Holloway said the contract will be effective immediately. 11. City Clerk Report 11.1. Monthly Update City Clerk Maryanne Schrader announced that the staff report is attached for the June and July reporting period. 12. City Manager Report 12.1. Financial Update - Finance Director City Manager T. Bolduc stated he will meet with the County on their mobility fee and discuss a partnership with the County. We will bring back an adoption of a local traffic impact fee or a partnership with the County. He also went over entrance signs and the partnership with the TDC. The sign will be designed with breakaway walls per FDOT guidelines. The sign is free with the logos from TDC. In response to Mayor Pro-Tem A. Rencich regarding a brick facade instead of the stone, City Manager T. Bolduc said it can be changed. The consensus of the Council was approval for D. Capps to bring the recommendation to the TDC to request approval of four signs. Finance Director Gina Toussaint mentioned the June and July 2023 check disbursement registers are included in the link on the staff report. The link will also connect to the monthly Unaudited Schedules of Revenues & Expenditures for May and June 2023, as well as the Pooled Cash Carryforward ending June 30, 2023. 12.2. Monthly Report - Police Department Update Chief Stephen McCosker addressed the City Council with an update on recent community events, the "Guns and Hoses" and "Backpack Drive." He mentioned the partnership with Baker to hold a basketball skills workshop on September 16th at the Twin Hills Gym. He said the corporal eligibility list will be conducted the week of September 18th, as 101 Page Page 40 of 656 well as going over staffing. He added the K9 contract will be on the next agenda, as he is looking for dual service dogs. We also have foreclosures coming up. The animal control department is working on a "trap and fix" program, mentioning the Police Academy alumni will sponsor obtaining grants for the program. Next, Chief Stephen McCosker presented a draft ordinance regarding convicted sexual offender/predator residency restrictions. The city has 88 registered sexual offenders and 8 registered sexual predators. He added the proposed ordinance is 1,500 feet which will include bus stops. He mentioned the current team efforts by the city are the sexual predator/offender residential enforcement and Internet crimes against children. Discussion ensued on restrictions, Romeo and Juliet laws and homelessness of offenders. Councilmember D. Capps said he has been pushing this ordinance as he wants to protect the children. He added pedophile behavior is a repetitive compulsion. Consensus was reached 4 - 1, as Councilmember R. Bullard had concerns on creating homelessness for the offenders. Mayor Whitten added he wanted clearer definitions on the exceptions. 13. Comments from the Mayor and Council Mayor JB Whitten called for comment from the Council. Councilmember R. Bullard asked about the status of the project for Main Street, and City Manager T. Bolduc said we are scheduled to go for bid next month. In response to Councilmember R. Bullard on when the red-light camera contract ends, stating it is government overreach, Chief McCosker replied the contract is up next January. Councilmember C. Brown agreed with the need to review the red-light camera program. She mentioned the "Race for the Rhein" event at Spanish Trail Park is this Friday and Saturday. Mayor Whitten said the Florida legislature is returning in September and plans to contact representatives. He mentioned that Casey Cook, lobbyist, advised that bills are coming back that we will need to monitor. The Overdose Awareness Summit is this Thursday. On Saturday night a USO dance will be held at 7 p.m. at Old Spanish Trail. The Ambassadors are having a market at the Bush House on September 9th with the proceeds going toward hosting the kids from France. 14. Comments from the Audience Mayor JB Whitten called for comment from the public. Kenny Siler voiced concern on the city purchasing land and giving it away. He mentioned the city should ensure repayment of the money. 111 Page Page 41 of 656 Shannon Hayes commented on the poor condition of property on Bay Street and Spring Hill, adding it is city property. He commented that it is a junk haven and asked that it be cleaned up. City Manager T. Bolduc said he will have it cleaned when they are working on clearing another property on Bay. Mike Carroll said there are a few obstacles before he opens and said he is hiring now. 15. Adjournment Mayor JB Whitten adjourned the meeting at 7:45 p.m. Minutes approved this _ day of , 2023. JB Whitten Mayor Maryanne Schrader City Clerk Proper Notice having been duly given 121 Page Page 42 of 656 City Council/CRA Joint Special Meeting Minutes - DRAFT August 28, 2023 5:00 p.m. Council Chambers 1. Call to Order The CRA/City Council Special Joint Meeting was called to order at 5:00 p.m. by Mayor JB Whitten. Members present: Doug Capps, Andrew Rencich, Cynthia Brown, Joe Blocker, Ryan Bullard, CRA Chair Nathan Boyles, Margareth Larose, and Linda Parker. Also present were City Manager Tim Bolduc, City Clerk Maryanne Schrader, CRA Director Elizabeth Roy, City Attorney Jonathan Holloway, and staff members. 2. Pledge of Allegiance The Pledge of Allegiance was led by Board member Linda Parker. 3. Approve Agenda Mayor JB Whitten called for action. Motion by Board member Douglas Capps and seconded by Board member Joe Blocker to approve the agenda, as presented. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard, Margareth Larose, and Linda Parker. All ayes. Motion carried. 4. Action Items 4.1. Presentation by Purvis Gray - Audited Financial Statements Purvis Gray auditors Ryan Tucker and Meagan Camp provided a presentation to the CRA and City Council to go over the results of the September 30, 2022 Audited Financial Statements for the City of Crestview and the Crestview Redevelopment Agency. Mr. Tucker stated the audit went well. He thanked the staff for the progress in implementing their suggestions. Meagan Camp, Senior Auditor, reviewed the summary of auditor's results. There was an unmodified opinion with no significant deficiencies. There were no reportable deficiencies. She mentioned a material weakness with the fixed assets, mentioning the meter readers were not depicting the usefulness of the service or the depreciation. The near year-end suggestion is to assess the invoices that are outstanding. She noted the services being implemented to rectify. She stated that GASB-87 was implemented regarding leases, and the GASB-96 on IT subscription -based reporting will be required. She mentioned the Local Government Cybersecurity Act does not permit ransom payments. This Act begins January 1, 2024. Enhanced security to prevent the attacks is necessary and recommended penetration tests and cybersecurity training. 11 Page Page 43 of 656 Ms. Camp went over the general fund financial highlights depicting the good financial position. She went over the grants and state -funded revenue sharing. Next, Ms. Camp went over the CRA documents adding the $474,000 fund balance is good. She went over the grants utilized added the balance was about $2.2 million. Ms. Camp went over the impact fees that are driving the costs in the Enterprise and Utility Funds. She mentioned the absorption of the Crestview Unlimited costs. She reviewed the pension funds noting the plan has been the best funded she has seen in the last ten years. Mayor Whitten commented on the great job Purvis Gray has provided. City Manager Tim Bolduc commented on the management suggestions and comments Purvis Gray has given the city to ensure we do a better job. The software implementation has had a positive outcome. CRA Chair Nathan Boyles said the city is doing a great job in utilizing the funding. In response to Board member Margareth Larose about the money being carried over in the fund balance, City Manager Tim Bolduc replied that the funds are directly related to operating expenses with Ms. Roy's contract being the sole operational component. The fund balance is kept ensuring it is there in case it is needed, but it is lean. 4.2. Discussion/approval of CRA Grant Policy Exception CRA Director Elizabeth Roy mentioned the ribbon cutting for the new Main Street location on Wednesday at 9:00 a.m. City Manager Tim Bolduc explained that at the August 14th meeting, City Council gave consensus to review the grants policy. He reviewed how an applicant can apply. He mentioned 3rd Planet Brewing is taking over the old hardware store. Normally, grants are once every 6 months for each property. He requested a one-time policy exception for a Code Compliance Grant for 3rd Planet not to exceed $50,000, a one- time Beautification Grant for 3rd Planet not to exceed $30,000 and a one-time Code Compliance Grant for the building owner not to exceed $25,000. He added that Ms. Roy and he reviewed the program mentioning the program has a 100% Return on Investment. He went over a tiered system instead of the current process for future projects. CRA Director Elizabeth Roy said the applicant is ready to start using $70,000 for the fire suppression and code compliance. The bathrooms and wiring will need to be upgraded and become code compliant, as well. City Manager T. Bolduc explained the upgrades to the facade and landscaping. Mayor asked for comments. 21 Page Page 44 of 656 CRA Chair N. Boyles said the objectives of the grants have evolved. The support comes from the economic impact with the improvements and suggested writing the economic component into the program. CRA Director E. Roy went over the business concept the applicant proposes. In response to Board member R. Bullard, City Manager T. Bolduc replied that a granting these policy exceptions would speed the process of development of a new business on Main Street adding it would require an agreement that the property would not be eligible to reapply for additional grants at the end of the six-month period which is a part of the normal grant process. Mayor JB Whitten called for action. Motion by Board member Ryan Bullard and seconded by Board member Cynthia Brown to approve the one-time CRA Grant policy exception. Roll Call: Andrew Rencich, Douglas Capps, Cynthia Brown, Joe Blocker, Ryan Bullard, Margareth Larose, and Linda Parker. All ayes. Motion carried. City Manager T. Bolduc said this will create the diversity of uses in the downtown area as we want to incentivize the diversity of businesses. He will create a matrix to create the incentives and display the cap related to the project. He asked whether the Board is in favor of creating inside the grant program a way to incentivize the uses to bring people downtown and the City Council concurred. In response to Board member Margareth Larose on what the maximum would be for eligibility, City Manager Tim Bolduc replied the maximum is $100,000, based on available funds. The value to the city is to create commerce. He added we want to retain the character of the older buildings. Board member Margareth Larose voiced concern regarding having enough money available to assist small business ventures, and City Manager T. Bolduc replied we could create a pot for smaller investments and will add that to the plan. Board member Andrew Rencich said we can always make changes, as needed. 5. Comments from the Audience Mayor JB Whitten called for comments from the public. 6. Comments from the Mayor and Council Mayor JB Whitten called for comments from the Council. 7. Adjournment The meeting was adjourned by Mayor JB Whitten at 5:55 p.m. 31 Page Page 45 of 656 Minutes approved this day of , 2023. JB Whitten Mayor Maryanne Schrader City Clerk Proper Notice having been duly given 41 Page Page 46 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Ordinance Item # 8.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Stephen McCosker, Police Chief 9/8/2023 Ordinance 1950 - Sexual Offender and Predator Residency Restrictions BACKGROUND: The City of Crestview is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat unlawful acts against children. The City is continually becoming an increasingly attractive place of residence for families with children, increasing the need to improve methods to protect them. Currently, § 775.215 and 947.1405, Florida Statutes, provides that certain sexual offenders and sexual predators may not establish a residence within one thousand (1,000) feet of specified locations. The City Council of the City of Crestview has expressed an interest in prohibiting sexual offenders and sexual predators from establishing a residence within one thousand five hundred (1,500) feet of certain locations within the City. DISCUSSION: The high level of threat that sexual predators and offenders present to the public safety, and the long-term effects suffered by victims of sex offenses, provide the city with sufficient justification to implement a strategy. Repeat sexual offenders, sexual offenders who use physical violence, sexual offenders who prey on children, and sexual predators present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of this Ordiance 1950 to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens and visitors by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering, prowling or establishing temporary or permanent residence. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Page 47 of 656 Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT There is no financial impact. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Ordinance 1950 - Sexual Offender and Predator Residency Restrictions on 1st Reading. Attachments 1. Ordinance Draft - Sexual Offenders & Predators 9-7-23 Page 48 of 656 ORDINANCE: 1950 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, ESTABLISHING CHAPTER 55 — SEXUAL OFFENDERS AND SEXUAL PREDATORS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Crestview is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat the unlawful acts for which they were originally convicted; and WHEREAS, the City is becoming an increasingly attractive place of residence for families with children; and WHEREAS, § 775.215 and 947.1405, Florida Statutes, provides that certain sexual offenders and sexual predators may not establish a residence within one thousand (1,000) feet of specified locations; and WHEREAS, the City Council of the City of Crestview desires to prohibit sexual offenders and sexual predators from establishing a residence within one thousand five hundred (1,500) feet of certain locations within the City. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 — AUTHORITY. The City Council of the City of Crestview has authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes. SECTION 2 — A new Chapter 55 of the Code of Ordinances of the City of Crestview, Florida is hereby adopted as follows: Chapter 55 SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 55-1. Findings and intent. (1) The high level of threat that sexual predators and offenders present to the public safety, and the long-term effects suffered by victims of sex offenses, provide the city with sufficient justification to implement a strategy. (2) Repeat sexual offenders, sexual offenders who use physical violence, sexual offenders who prey on children, and sexual predators present an extreme threat to public safety. Sexual offenders are likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (3) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens and visitors by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are Page 49 of 656 prohibited from loitering, prowling or establishing temporary or permanent residence. Sec. 55-2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Child care facility means any building or shelter in which custodial care is rendered to children, and for which compensation is received in the form of a payment, fee, grant, goods or services in kind for any of the children receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides child custodial care. The term also refers to the child care operation associated with the building or shelter, and also includes specialized child care facilities for the mildly ill. A child care facility includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. City police depailiuent means the City of Crestview Police Department. Community shall mean any city where the sexual predator resides or otherwise establishes or maintains a temporary or permanent residence. Community center means a single general-purpose structure represented as a community center owned and operated by the city or any private, nonprofit organization and used predominantly for educational, literary, scientific, religious, or charitable purposes relating to children. Conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Designated school bus stop means all locations established by F.S. § 1006.22 where public school students are for the purpose of transporting students to and from school located within the boundaries of the City of Crestview. Park means and includes all public and private property specifically designated as being used for park and recreational purposes, including but not limited to aquatic centers, linear parks, athletic fields and racquetball, basketball and tennis courts where children regularly congregate. Permanent residence shall mean a place where a person abides, lodges, or resides for five or more consecutive days. Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides. Police chief means the chief law enforcement officer of the City of Crestview. Sexual offender is defined herein by the criteria, designation and registration set forth in F.S. § 943.0435. Sexual predator is defined herein by the criteria, designation and registration set forth in F.S. § 775.21. Page 50 of 656 Out of state sexual offender or sexual predator means any person who resides in the City of Crestview who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender in another state or jurisdiction and is, as a result of such designation, subject to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, and is required to register as a sex offender in the State of Florida. School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education and includes a "private school" as defined in F.S. § 1002.01, a "voluntary prekindergarten education program" as described in F.S. § 1002.53(3), a "public school" as described in F.S. § 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established in F.S. § 1002.37, and a K-8 Virtual School as established in F.S. § 1002.415, excluding facilities dedicated exclusively to the education of adults. Temporary residence means a place where the person abides, lodges, or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. Sec. 55-3. Sexual offender and sexual predator residency restrictions and prohibition. (1) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, or any amendments thereto, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or any person who is designated as a sexual predator, sexually violent predator or sexual offender in another state or jurisdiction subject to registration or community notification under Florida law, to establish a permanent residence or temporary residence within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, community center, or other place where children regularly congregate. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outermost property line of the permanent residence or temporary residence to the nearest outermost property line of a school, designated public school bus stop, day care center, park, or playground. The distance may not be measured by a pedestrian route or automobile route, but instead shall be measured as the shortest straight line between the two points without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, under those circumstances in which the residential dwelling unit of the restricted sexual offender or sexual predator is within a cooperative, condominium, or apartment building, the parcel of real property described in this paragraph shall consist of the parcel or parcels of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender or sexual predator is located. (1) Exceptions. A person residing within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, or other place where children regularly congregate does not commit a violation of this article if any of the following apply: (a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to the effective date of this article. (b) The sexual offender or sexual predator established the permanent residence prior to the effective date of this article, provided however, that at the end of the then current rental term, in the case of a lease, the sexual offender or sexual predator shall be required to abandon that permanent residence and establish a new permanent residence at a location that is not within 1,500 feet of any school, designated school bus stop, child Page 51 of 656 care facility, park, playground, or community center. (c) The person was a minor when he/she committed the offense and was not convicted as an adult. (d) The person is a minor. (e) The school, designated public designated school bus stop, child care facility, park, playground, or community center within 1,500 feet of the person's permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607. Sec. 55-4. Temporary emergency shelter; sexual predators and offenders notification requirements. (1) Any person who is required by Florida law to register with law enforcement as a sexual predator or sexual offender and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and sexual offenders. (2) The police chief may designate a public building or a jail or other correctional facility, within his or her authority, as a temporary shelter to be utilized by sexual predators and sexual offenders. Sec. 55-5. Loitering or prowling by persons convicted of certain sex offenses. It shall be unlawful for any person who has been convicted of a violation of F.S. § 787.01, F.S §787.02, F.S. § 794.011, F.S. § 800.04, F.S. § 827.071, or F.S. § 847.0145, or any amendments thereto, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or any person who is designated as a sexual predator, sexually violent predator, or sexual offender in another state or jurisdiction subject to registration or community notification under Florida law to loiter or prowl as proscribed in F.S. § 856.021 within 300 feet of the parcel border of any place where children regularly congregate, including a school, designated public school bus stop, child care facility, playground, or park. Sec. 55-6. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (1) It shall be a violation of this Code for a landlord or owner of residential property in the city to let or rent a residence to any person prohibited from establishing such permanent residence of temporary residence pursuant to sections 55-3 and 55-4 above, if such residence is located within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, or other place where children congregate. (2) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in this Code. (3) A landlord shall not be liable under the provisions of this section if they can demonstrate they made a good faith effort to ascertain whether the proposed tenant or any persons who will reside with the tenant are prohibited from establishing residence pursuant to sections 55-3 and 55-4. If the landlord receives an affidavit from the tenant that the people who reside with them are not on the list and the landlord checks the registration list based on the identifications of tenants and residents proposed to be living in the rental unit to confirm the persons are not on the list. Receipt of such affidavit and efforts of confirmation shall demonstrate that a landlord has exercised good faith in ascertaining whether they were renting to a sexual predator or sexual offender, even if it is ultimately determined that a sexual predator or sexual offender did reside in their rental unit. Sec. 55-7. Applicability. Page 52 of 656 This chapter shall apply only within the boundaries of the City of Crestview. Sec. 55-8. Application of ordinance; existing contracts. The provisions of this article shall not be applied to persons residing at a prohibited location on the effective date of this article such that it is not the intent of this article to impair valid, existing and bona fide contract rights; provided, however, that the provisions of this article shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship or the expiration of a lease term in an existing lease. When a person who is the subject of this article changes residences, this article shall fully apply to such persons. Sec. 55-9. Enforcement. This article is enforceable by all means provided by law, including criminal penalties and civil remedies such as injunctive relief in the circuit court in and for Okaloosa County. Sec. 55-10. Penalties. Any violation of any portion of this article shall be punishable as provided by law. A person who violates this article shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 dollars or imprisonment for a term not exceeding 12 months, or by both such fine and imprisonment. Any person violating any of the provisions of this article may be prosecuted in the same manner as misdemeanors are prosecuted. Additionally, if the offender is supervised by the department of corrections under conditional release, the offender may be charged with a violation of his or her supervision and be returned to state custody. SECTION 3 - FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of the Circuit Court of Okaloosa County and with the Florida Department of State. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed to the maximum extent legally permissible in order to effectively carry out the purposes hereof. SECTION 7 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the day of Page 53 of 656 , 2023. Approved by me this day of , 2023. J. B. Whitten Mayor ATTEST: Maryanne Schrader City Clerk Page 54 of 656 ORDINANCE NO. 1950 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, ESTABLISHING CHAPTER 55 — SEXUAL OFFENDERS AND SEXUAL PREDATORS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Crestview is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat the unlawful acts for which they were originally convicted; and WHEREAS, the City is becoming an increasingly attractive place of residence for families with children; and WHEREAS, § 775.215 and 947.1405, Florida Statutes, provides that certain sexual offenders and sexual predators may not establish a residence within one thousand (1,000) feet of specified locations; and WHEREAS, the City Council of the City of Crestview desires to prohibit sexual offenders and sexual predators from establishing a residence within one thousand five hundred (1,500) feet of certain locations within the City. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1— AUTHORITY. The City Council of the City of Crestview has authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes. SECTION 2 — A new Chapter 55 of the Code of Ordinances of the City of Crestview, Florida is hereby adopted as follows: Chapter 55 SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 55-1. Findings and intent. (1) The high level of threat that sexual predators and offenders present to the public safety, and the long-term effects suffered by victims of sex offenses, provide the city with sufficient justification to implement a strategy. (2) Repeat sexual offenders, sexual offenders who use physical violence, sexual offenders who prey on children, and sexual predators present an extreme threat to public safety. Sexual offenders are likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (3) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens and visitors by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering, prowling or establishing temporary or permanent residence. Sec. 55-2. Definitions. Page 55 of 656 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Child care facility means any building or shelter in which custodial care is rendered to children, and for which compensation is received in the form of a payment, fee, grant, goods or services in kind for any of the children receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides child custodial care. The term also refers to the child care operation associated with the building or shelter, and also includes specialized child care facilities for the mildly ill. A child care facility includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. City police department means the City of Crestview Police Depai ltuent. Community shall mean any city where the sexual predator resides or otherwise establishes or maintains a temporary or permanent residence. Community center means a single general-purpose structure represented as a community center owned and operated by the city or any private, nonprofit organization and used predominantly for educational, literary, scientific, religious, or charitable purposes relating to children. Conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Designated school bus stop means all locations established by F.S. § 1006.22 where public school students are for the purpose of transporting students to and from school located within the boundaries of the City of Crestview. Park means and includes all public and private property specifically designated as being used for park and recreational purposes, including but not limited to aquatic centers, linear parks, athletic fields and racquetball, basketball and tennis courts where children regularly congregate. Permanent residence shall mean a place where a person abides, lodges, or resides for five or more consecutive days. Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides. Police chief means the chief law enforcement officer of the City of Crestview. Sexual offender is defined herein by the criteria, designation and registration set forth in F.S. § 943.0435. Sexual predator is defined herein by the criteria, designation and registration set forth in F.S. § 775.21. Page 56 of 656 Out of state sexual offender or sexual predator means any person who resides in the City of Crestview who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender in another state or jurisdiction and is, as a result of such designation, subject to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, and is required to register as a sex offender in the State of Florida. School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education and includes a "private school" as defined in F.S. § 1002.01, a "voluntary prekindergarten education program" as described in F.S. § 1002.53(3), a "public school" as described in F.S. § 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established in F.S. § 1002.37, and a K-8 Virtual School as established in F.S. § 1002.415, excluding facilities dedicated exclusively to the education of adults. Temporary residence means a place where the person abides, lodges, or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. Sec. 55-3. Sexual offender and sexual predator residency restrictions and prohibition. (1) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, or any amendments thereto, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or any person who is designated as a sexual predator, sexually violent predator or sexual offender in another state or jurisdiction subject to registration or community notification under Florida law, to establish a permanent residence or temporary residence within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, community center, or other place where children regularly congregate. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outermost property line of the permanent residence or temporary residence to the nearest outermost property line of a school, designated public school bus stop, day care center, park, or playground. The distance may not be measured by a pedestrian route or automobile route, but instead shall be measured as the shortest straight line between the two points without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, under those circumstances in which the residential dwelling unit of the restricted sexual offender or sexual predator is within a cooperative, condominium, or apai triient building, the parcel of real property described in this paragraph shall consist of the parcel or parcels of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender or sexual predator is located. (1) Exceptions. A person residing within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, or other place where children regularly congregate does not commit a violation of this article if any of the following apply: (a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to the effective date of this article. (b) The sexual offender or sexual predator established the permanent residence prior to the effective date of this article, provided however, that at the end of the then current rental term, in the case of a lease, the sexual offender or sexual predator shall be required to abandon that permanent residence and establish a new permanent residence at a location Page 57 of 656 that is not within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center. (c) The person was a minor when he/she committed the offense and was not convicted as an adult. (d) The person is a minor. (e) The school, designated public designated school bus stop, child care facility, park, playground, or community center within 1,500 feet of the person's permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607. Sec. 55-4. Temporary emergency shelter; sexual predators and offenders notification requirements. (1) Any person who is required by Florida law to register with law enforcement as a sexual predator or sexual offender and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and sexual offenders. (2) The police chief may designate a public building or a jail or other correctional facility, within his or her authority, as a temporary shelter to be utilized by sexual predators and sexual offenders. Sec. 55-5. Loitering or prowling by persons convicted of certain sex offenses. It shall be unlawful for any person who has been convicted of a violation of F.S. § 787.01, F.S §787.02, F.S. § 794.011, F.S. § 800.04, F.S. § 827.071, or F.S. § 847.0145, or any amendments thereto, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or any person who is designated as a sexual predator, sexually violent predator, or sexual offender in another state or jurisdiction subject to registration or community notification under Florida law to loiter or prowl as proscribed in F.S. § 856.021 within 300 feet of the parcel border of any place where children regularly congregate, including a school, designated public school bus stop, child care facility, playground, or park. Sec. 55-6. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (1) It shall be a violation of this Code for a landlord or owner of residential property in the city to let or rent a residence to any person prohibited from establishing such permanent residence of temporary residence pursuant to sections 55-3 and 55-4 above, if such residence is located within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, or other place where children congregate. (2) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in this Code. (3) A landlord shall not be liable under the provisions of this section if they can demonstrate they made a good faith effort to ascertain whether the proposed tenant or any persons who will reside with the tenant are prohibited from establishing residence pursuant to sections 55-3 and 55-4. If the landlord receives an affidavit from the tenant that the people who reside with them are not on the list and Page 58 of 656 the landlord checks the registration list based on the identifications of tenants and residents proposed to be living in the rental unit to confirm the persons are not on the list. Receipt of such affidavit and efforts of confirmation shall demonstrate that a landlord has exercised good faith in ascertaining whether they were renting to a sexual predator or sexual offender, even if it is ultimately determined that a sexual predator or sexual offender did reside in their rental unit. Sec. 55-7. Applicability. This chapter shall apply only within the boundaries of the City of Crestview. Sec. 55-8. Application of ordinance; existing contracts. The provisions of this article shall not be applied to persons residing at a prohibited location on the effective date of this article such that it is not the intent of this article to impair valid, existing and bona fide contract rights; provided, however, that the provisions of this article shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship or the expiration of a lease term in an existing lease. When a person who is the subject of this article changes residences, this article shall fully apply to such persons. Sec. 55-9. Enforcement. This article is enforceable by all means provided by law, including criminal penalties and civil remedies such as injunctive relief in the circuit court in and for Okaloosa County. Sec. 55-10. Penalties. Any violation of any portion of this article shall be punishable as provided by law. A person who violates this article shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 dollars or imprisonment for a term not exceeding 12 months, or by both such fine and imprisonment. Any person violating any of the provisions of this article may be prosecuted in the same manner as misdemeanors are prosecuted. Additionally, if the offender is supervised by the department of corrections under conditional release, the offender may be charged with a violation of his or her supervision and be returned to state custody. SECTION 3 - FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of the Circuit Court of Okaloosa County and with the Florida Department of State. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed to the maximum extent legally permissible in order to effectively carry out the purposes hereof. SECTION 7 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or Page 59 of 656 portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the day of 2023. ATTEST: Maryanne Schrader City Clerk Approved by me this day of , 2023. J. B. Whitten Mayor Page 60 of 656 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Ordinance Item # 8.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jessica Leavins, Administrative Services Director 9/7/2023 Ordinance 1951 - Police and Firefighters' Retirement BACKGROUND: The City of Crestview offers employees a defined benefit retirement plan. We currently offer two plans; General Employees' Retirement Plan and Police Officers' & Firefighters' Retirement Plan. Our Police Officers' and Firefighters' Retirement Plan allows for vesting at ten years of service and retirement at age 55 or 52 with 25 years of service. In the 1950s, the State of Florida enacted provisions that required municipalities to certify compliance with Florida state law chapter 175/185 by having an organized fire or police department which owned or used equipment valued at a specified dollar amount. Upon receipt of the certification, the Department of Insurance remitted tax premiums. We continue to receive 175/185 insurance tax premiums, which are currently distributed to members upon retirement. DISCUSSION: This item was brought before the Council on August 28th, 2023 for action. Council voted to bring the ordinance to first reading. During a survey of local departments, it was discovered that four out of seven surrounding jurisdictions offer a 25 years to retirement program where, regardless of age, after 25 years of service, an employee is eligible for retirement. While exploring the option of transitioning to a 25 years to retirement option, the Police Officers and Firefighters retirement board ordered an actuarial study of the risk to our plan. The actuarial report indicated if a transition to a 25 -year to retirement program occurred, there would be a need for an increased contribution from the city of three percent of gross payroll. However, the actuary noted that the increased contribution would be offset if the members vote to redirect the 175/185 plan contributions to the city. 175/185 plan contributions are the result of a percentage assessed on homeowners insurance and automobile insurance. These have increased year over year for the past several years and are expected to continue to rise. The ordinance for discussion amends the current plan to allow retirement after 25 years of service, regardless of age. The amendment also changes the allocation of 175/185 contributions to the City of Crestview. Current DROP participants will not be impacted by this ordinance. The fire and police departments will conduct a vote of all participants in the Police Officers' and Firefighters' pension plan. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Page 61 of 656 Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT There will be no impact on the current year's budget or any in the foreseeable future. RECOMMENDED ACTION Staff respectfully requests a motion to approve Ordinance 1951 on 1st Reading and move to 2nd Reading for final adoption. Attachments None Page 62 of 656 ORDINANCE: 1951 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA; AMENDING THE CITY OF CRESTVIEW POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT PLAN, ADOPTED BY ORDINANCE NO. 780, AS SUBSEQUENTLY AMENDED; AMENDING AND RENUMBERING SECTION 6 BENEFIT AMOUNTS AND ELIGIBILITY AND SUPPLEMENTAL BENEFIT; AMENDING SECTION 30 PRE - RETIREMENT DEATH; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Crestview Police Officers' and Firefighters' are currently provided pension and certain other benefits under Ordinances of the City of Crestview; WHEREAS, the Board of Trustees of the Plan has recommended amending the Plan as set forth below; WHEREAS, amending the normal retirement date as set forth below is in the best interests of the employees and citizens of the City of Crestview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA: SECTION 1: That the City of Crestview Police Officers' and Firefighters' Retirement Plan Section 6, Subsection 6, is hereby amended to read: SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY 1. Normal Retirement Date. A Member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service or the attainment of age fifty-two (52) and the completion of twenty-five (25) years of Credited Service regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. SECTION 2: That the City of Crestview General Employees Retirement Plan Section 30, Subsection 3, is hereby amended to read: SECTION 30. SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 AND 175 SHARE ACCOUNTS * * * 3. Allocation of Monies to Share Accounts A. Allocation of Chapter 185 or 175 Contributions. * * * Page 63 of 656 2. Effective as of September 30, 2017 valuation date, the amount of any premium tax monies allocated to the share plan (other than the initial allocation) shall be allocated to individual Member Share Accounts as provided for in subsection 3, below. Members retiring (or entering DROP) on or after October 1, 2016 and prior to September 30, 2017 shall receive an allocation. In addition, all premium tax monies allocated to the Share Plan in any subsequent Plan Year shall also be allocated as provided for in this Subsection. Available premium tax monies shall be allocated to individual Member Share Accounts at the end of each Plan Year on September 30 (a "valuation date"). Notwithstanding the foregoing, effective with the premium tax monies received for calendar year 2022, all premium tax monies shall be used to offset the City's contribution. * * * SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Crestview. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: If any section, subsection, sentence, clause, phrase of this Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 6: That this Ordinance shall become effective upon adoption. PASSED ON FIRST READING, this day of , 2023. PASSED AND ADOPTED on the second reading, this day of , 2023. JB WHITTEN, MAYOR ATTEST: MARYANNE SCHRADER CITY CLERK Page 64 of 656 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Action Item TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Stephen McCosker, Police Chief 9/8/2023 Authorization to Proceed with the Foreclosures of Code Compliance Liens BACKGROUND: Since November 2020, Code Enforcement has utilized the special magistrate for properties that remain in violation. Once the magistrate finds the property in violation of the City code of ordinance, a certified copy of an order imposing a fine is recorded in the public record and constitutes a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. DISCUSSION: When property owners refuse to comply with the magistrate's order, Florida Statute 162.09 Administrative Fines; Costs of Repair; Liens provide a process that allows municipalities to foreclose on the property. The statute states that a fine imposed by the magistrate shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed, whichever occurs first. A lien arising from a fine imposed runs in favor of the local governing body. After three months from filing the lien, if it remains unpaid, the governing body may authorize the local governing body attorney to foreclose on the lien or to sue to recover a monetary judgment for the amount of the lien plus accrued interest. The following properties remain non -compliant as of the date of this report and authorization is sought to initiate foreclosure proceedings: 498 N. Spring Street 124 S. Booker Street 108 S. Booker Street 215 w. Cobb Avenue 292 Ratliff Street 409 Wingard Street 293 Patton Street 638 Reed Avenue 602 E. Griffith Avenue 355 Walden Street 207 W. CobbAvenue 798 S. Wilson Street 218 Stillwell Boulvard 282 Bracewell Street 298 Stillwell Boulvard 578 S. Wilson Street GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Page 65 of 656 Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The cost of legal services related to this process is included in the budget. Costs to abate violations will be recovered through the lien process and sale of foreclosed properties. RECOMMENDED ACTION Staff requests a motion directing the City Attorney to proceed with the foreclosure process per Florida State Statute. Under the magistrate's order, the staff further requests permission to abate these noncompliant properties during foreclosure. Attachments 1. 21-1020 292 Ratliff 2. 22-328 282 Bracewell 3. 22-1362 578 S Wilson 4. 21-386 124 S Booker 5 23-104 215 W Cobb 6. 22-161 218 Stillwell 7. 21-1131 293 Patton 8. 21-1026 409 Wingard 9. 21-1464 355 Walden 10. 21-1298 638 Reed 11. 22-52 207 W Cobb 12. 19-813 498 N Spring 13. 22-105 798 S Wilson 14. 21-1072 602 E Griffith Ave 15. 21-1131 293 Patton St 16. 21-391 108 S Booker Page 66 of 656 Case # 21-1020 292 Ratliff Owner of Record: Heirs of Maxie Jackson 552 Brock Ave, Crestview, FL 32536 Origination Date: 05/14/2021 Origination Code: Proactive Violations: Chapter 38 Section 18 (k), (d)- Vegetation, Demolition of structure. Corrective Action Required: a.) Remove all overgrown vegetation from the property. b.) Obtain a building permit and demolish the structure. Prior to commencing work to correct a violation, a building permit or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618. Notice Sent: 5/27/2021 Signed: 6/28/2021 Compliance Date: 6/11/2021 Inspected: 6/15/2021 Results: In Violation Notice Sent: 6/11/2021 Signed: 7/15/2021 Compliance Date: 6/24/2021 Inspected: 7/9/2021 Results: In Violation Public Hearing Notice Sent: 7/8/2021 Signed: 07/15/2021 Hearing Date: 8/17/2021 Structures demolished December 2021. Order Recorded: 8/24/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 9/17/2021 Daily fine: $250 Start: 9/17/2021 Fines: $19,250 as of August 23, 2023 (not including interest) Property Value: $7,462 Page 67 of 656 Case # 21-1020 292 Ratliff Related Cases: 23-614 Originated: 5/16/2023 Violations: Ch. 38-70 Unsightly conditions Ch. 38 Sec. 18 (11) Overgown Vegetation LDC Ch. 6.01.02, 7.05.03 Rec Camps/Tents Scheduled for Public Hearing October 2023 Related Properties: 290 Ratliff St 20-3N-23-2390-0013-0010 Maxie M Jackson Case # 21-1019 Found in violation, no order recorded. Presented at public hearing August 2021. Page 68 of 656 CASE 21-1020 292 RATLIFF STREET TUESDAY, AUGUST 17, 2021 EXHIBIT Page 69 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION -r% a 290 RATLIFF ST DATE #L4 54-vc .,s NA1UREOPvoLATl ]0 L v 11"' 47 OFWIATIN p?orj`,, rrco" "erde[Y ; IMEAC11aV� i CHAPTER 31145 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS (d) SKIRTING O (e) EXTERIOR WALLS O (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS L i (I) EXTERIOR DOOR FRAMES AND SAS Q) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS m PORCHES AND BALC O (m) STAIRS O (n) ROOFS 4 (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS b (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS CI (u) RODENT RAGE (v) EXTERIOR LIGHTING i� (w) FENCES AND WALLS f j COMMENTS: ..5 =-F►f � i'h4 ►.cr�� Ci..c) sJyvcAxt 4 J w. L/� j lI Z S o r r6 r�lC ✓� ..r'n#. ea r"'r"C %�Lr � 5 hr U., re •a r4 le r s _ r�('r e. 5 / rvada,c,41Pet 4 h tr5i,,ter tansor - a + 4i, ternpvn t -c ,Le focifel. fitiolS02/ DATE EXHIBIT # Page 71 of 656 Crestview, Florida, United States 292 Ratliff St, Crestview, FL 32536, USA Crestview, Florida, United States 292 Ratliff St, Crestview, FL 32536, USA Lat N 30" 44' 54.6324" Long W -86' 34' 8.0688" 25/06/21 07:56 AM Crestvievi, Florida, United States 292 Ratliff,St, Crestview, FL 32536, USA :August 17. 2021 10:48AM 292 Ratliff St �R k Crestview FL 32536 Date: May 27, 2021 Case #: 21-00001020 JACKSON MAXIE PO BOX 1672 CRESTVIEW, FL 325836 1 Dear Property Owner, CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 292 RATLIFF ST Tax Identification Number: 20-3N-23-2390-0013-0020 Legal: SULLIVANS ADDN LOT 2 BLK 13, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 11, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of np to 5250.00 per day for the first offense and S500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If yon have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 74 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001020 PROPERTY ADDRESS 292 RATLIFF ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/14/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and, uncultivated vegetation, shall not exceed twelve (12) inches ,in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d)( Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY'CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: Page 75 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001020 PROPERTY ADDRESS 292 RATLIFF ST ORDINANCE DESCRIPTION : (a) Structures that are: (1) Partially destroyed; or (2) ;Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division 850-68.9-1618 ext 254 or 261. EXH1Br Page 76 of 656 F 0 W W 0 cc Q } w Q O �W.. — OH„i, L C y CC VE i V L 5 '1 + :cV1.- piql IwJc i 2502 2995 4000 0624 020L City of Crestview Community Development Services P. O. Box 1209 Crestview, Florida 32536 111 7020 1290 0001 5662 2052 ti l i- ' T' t e '�1Mx-- 0,11J1SUO ) rt.- 5253C UNC 32536>1289 NE OPOST US POSTAGE $006 96 ZIP 32536 041 M11297338 H in w NIX 322 DC 1 8886%24/21 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD 9C: 3253612890S *e238-84334-24-23 hplillillil:il:l limnujiiiliow1d,hirfiltiilpon i i Page 77 of 656 8/17/2021 USPS.come - USPS Tracking® Results USPS Tracking® Track Another Package 1 - Tracking Number, 70201290000156822052 FAQs > Remove X Your item has been delivered to the original sender at 11:15 am on June 28, 2021 in CRESTVIEW, FL 32539. G Delivered, To Original Sender June 28, 2021 at 11:15 am CRESTVIEW, FL 32539 Get Updates N/ Text & Email Updates Tracking History Product Information See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. CD CL Cr CD 0 httpsJ/tools.usps.com/go/TrackCanfirmAction?tRefAiltpage8IL 2&text28777=81Labels=70201290000156822052°%20 1/2 Page 78 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 11, 2021 Case #: 21-00001020 JACKSON MAXIE PO BOX 1672 CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation 292 RATLIFF ST Tax Identification Number: 20-3N-23-2390-0013-0020 Legal: SULLIVANS ADDN LOT 2 BLK 13, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 24, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The•Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 79 of 656 VIOLATION DETAIL PAGE 1 CASE.NUNBER 21-00001020 PROPERTY ADDRESS 292 RATLIFF ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 5/14/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weed, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: • 5/27/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: EXHIBIT # 5 Page 80 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001020 PROPERTY ADDRESS 292 RATLIFF ST ORDINANCE DESCRIPTION : (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished buildingor building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. EXHIBIT # Page 81 of 656 U.S. Postal Service CERTIFIED MAIL RECEIPT Dornesfrc Mar' On11 For delivery inlormnt,nr our vveb5it. eo Pwrove c u_ , G4 P.1 0 C e 570 d 6oG. 325? d ,= EXHIBIT Page 82 of 656 8/17/2021 USPS.com®- USPS Tracking8) Results USPS Tracking. Track Another Package + Tracking Number: 70201290000156821369 Your item was delivered at 10:44 am on July 15, 2021 in CRESTVIEW, FL 32539. C✓ Delivered July 15, 2021 at 10:44 am CRESTVIEW, FL 32539 Get Updates N/ Text & Email Updates Tracking History Product Information See Less /' FAQs > Remove X EXHIBIT # 5 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. httpsJRDols.uses.com/gofTrackConfinnAdion?tRei=tuApage&tL 2&text28777=&tla6eIs=70201290000156821369%2C 1/2 Page 83 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 bison Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 7/8/2021 Jackson Maxie M. PO Box 1672 Crestview, FL 32536 CASE# 21-1020 Dear Property Owner: You are hereby formally notified that on August 17, 2021, 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 292 Ratliff Str, Crestview, FL 32536 more particularly described as: PIN# 20-3N-23-2390-0013-0020 LEGAL DESCRIPTION: SULLIVANS ADDN LOT 2 BLK 13 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. EXHIBIT # End: Notice of Violation Page 84 of 656 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, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Porm 53A Appendix 8 Revbed 2021 Page 85 of 656 STATEMENT OF VIOLATION Code of Ordinance Violated: Ch 38 sec 18 (k) Vegetation -weeds. 1. Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action: Remove the vegetation and/or weeds from property. Code of Ordinance Violated: Ch 38 Sec 18 (d) Demolition of structure (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. Corrective action: Obtain a building permit and demolish the structure. Prior to commencing work to correct a violation, a building permit or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statue 553. For further information, please contact the Permitting Division @ 850-689-1618 ext. 254 or 261. Page 86 of 656 U.S. Postal Service' CERTIFIED MAIL- RECEIPT Domestic Mau Only or ptlrvrri In� -rn.1Iit7 rT visit our tvCbsrte RI 1v1Yr5 Ui-p : Con, X74 Certified Peak7=ec r: es — serves edog174 wtey�+op�uu 3�.� ". .wRrs.«�ate><w�x $ 2 39 , rnReceipt W.cbaa4 ,s 0 Crtlnar Mal Meath:W ; g neon stEnMaee Require! $ 0Mat eta Reseleted Delivery$ irrt Postage and glee Complete Items 1, 2. and 3. Punt your urns and address on the reverse so that we can return the card to you. Attach this card to the back of the malplece, or on the front If space permits. 1. ArticleAtidreeeedto MAO VI p.o. €o,x llr3Z cigar Y1 r ft - 3 31e AMEN r1747- ,17„61, Apent G Addressee G. Date of Delivery D. is . .. address otinasittrorn ?tern 1? ■ , if ES, infer deism address below: O No 1311111101111/1111 ° II stprr.tlssReserlotsat)eaaery ORwlettrrysdmemgeadorsd 9590 9402 5522 9249 9967 92 WI a eledtdernsehtatedDelray MMus Ileoelptfor 0ColectmOahe" MwAPWPdles 2. ArttdoNumber_flisnerforenntser ice'r O aew ow lomd wry a ° sputum Contmesee 7020 1290 ©001 2346 7187 lid Ilesefoted Wow Reselateinea1°er PS form 3811, July 2015 PSN 763002.000.8068 Domestic Return Receipt EXHIBIT # Page 87 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL32536 City of Crestview, Florida, Petitioner, vs. Maxie Jackson PO Box 1672 Crestview, FL 32536 Respondents. Inst. #3483009 Blc: 3569 Pg: 1006 Page 1 of 3 Recorded: 8/24!2021 10:35 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK Tivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1020 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public bearing before the Special Magistrate on August 17, 2021. 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, Maxie Jackson, whose last known mailing address is PO Box 1672 Crestview, FL 32536, is the owner of the property located at, 292 Ratliff Street Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0013-0020 , and more particularly described as: SULLIVANS ADDN LOT 2 BLK 13 2. The conditions on the property consist of an excessive overgrowth and an unsafe structure. The violation(s) were first observed on May 14, 2021. A Notice of Violation was mailed by certified mail June 14, 2021 and received by respondent on July 15, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance conditions, Sec. 18 (d) and (k) of the Page 88 of 656 City of Crestview's Code of Ordinances and requested correction of the violation by June 24, 2021. Re inspection of the property on June 25th, 2021, 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 — Nuisance conditions, Sec. 38- Sec18 (d) and (k) 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. Page 89 of 656 ORDER.: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before September 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of 250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): 10. If the violation(s) are not corrected by September 17, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 17th, Day of August, 2021. .S44 T LAC.. Speci( 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. Page 90 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Maxie Jackson PO Box 1672 Crestview, FL 32536 Respondents. Inst. #3591804 8k: 3651 Pg: 4478 Page 1 of 3 Recorded: 11/18/20221238 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1020 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 2021. 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, Maxie Jackson, whose last known mailing address is PO Box 1672 Crestview, FL 32536, is the owner of the property located at, 292 Ratliff Street Crestview, FL 32536, AKA PIN# 20-3N-23-2390-0013-0020 , and more particularly described as: SULLIVANS ADDN LOT 2 BLK 13 2. The conditions on the property consist of an excessive overgrowth and an unsafe structure. The violation(s) were first observed on May 14, 2021. A Notice of Violation was mailed by certified mail June 14, 2021 and received by respondent on July 15, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance conditions, Sec. 18 (d) and (k) of the Page 91 of 656 City of Crestview's Code of Ordinances and requested correction of the violation by June 24, 2021. Re inspection of the property on June 25th, 2021, 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 — Nuisance conditions, Sec. 38- Sec. 18 (d) and (k) 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. Page 92 of 656 ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before September 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $ 250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): 10. If the violation(s) are not corrected by September 17, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 17th, Day of August, 2021. Specird? Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT CPPY B'f DATE: 1 t— t b —2-o ?2 - 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. rAmt Page 93 of 656 Case # 22-328 282 Bracewell Owner of Record: Thomas V & Annie Kolmetz Et AL 968 B St. Crestview, FL Origination Date: 01/03/2022 Origination Code: Proactive Violations: Chapter 38 Section 65 (f) Windows, (v) Exterior lighting Corrective Action Required: Obtain the necessary permits and repair or replace the windows and exterior lighting. Notice Sent: 03/10/2022 Signed: Not received Compliance Date: 03/24/2022 Inspected: 03/28/2022 Results: In Violation Notice Sent: 03/31/2022 Signed: Not received Compliance Date: 04/12/2022 Inspected: 04/13/2022 Results: In Violation Public Hearing Notice Sent: 04/14/2022 Signed: 04/15/2022 Hearing Date: 05/17/2022 Property remains in violation. Order Recorded: 05/23/2022 Re-recorded with wet stamp 12/1/2022 Hearing fee: $250 Due by 06/20/2022 Daily fine: $250 Start: 06/20/2022 Fines: $107,250 as of August 23, 2023 (not including interest) Property Value: $50,344 Related Properties: 620 Shortwell 21-3N-23-1670-0010-0280 Thomas V Kolmetz Jr Et AL Case # 21-1314 Hearing Date: 09/21/2021 Fines: $169,000 Violations: Overgrown vegetation, roofs, accessory structures Page 96 of 656 May 17, 2022 22-328 282 Bracewell Exhibit 1 Page 97 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION 3/3/22 DATE C✓,'., Jd J5 f)Of reeve fe 4-e l/ MATU4EOFWILK O E OBS9iU® 282 Bracewell St 22-328 See ..-r J. ,fo.-r 4013 or f{.%•cvt 4.(ten:r S chr� PLORESSUMATENOFvIOLATION CHAPTER 38•S5 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS o (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS m WINDOWS D (g) MUTTERS O (h) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS O (p EXTERIOR SURFACE TREATMENT o (Ic) STRUCTURAL SUPPORTS O I) PORCHES AND BALCONIES COMMENTS. -T 4.r...ld,. 'f eft •^rt O (m) STAIRS O (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS D (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVBNWNG EXTENSIONS O (r) INSECT SCREENS C' (s)ACCESSORYSTRUCTURES O (1) MIMING POOLS O (u) RODENT HARBORAGE o (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS t zte-e.d" 4 r 4^7 iLicru-eo1 yn Ae Y) -f [rar r(' 44 ,5fr,-(4,-.-t_ Z4' rJ;..eld�t ,re r eekted %'Jtrsd d P or d IP , q re ro, Q t 4411 t I Y'� ..�Y/.I. exit r or 1) Ail "eft/ S ftrv�r ❑r jX�f'C u: re �"rrf f7� flr L✓;r�r[ ti rn .. ��C 0, - ref :r.f & std on take. f gcaumovacorammeac-gmcv& /67 .4" pmf-tir4 EXHIBIT Page 98 of 656 March 02, 2022 11:39AM 282 Bracewell St Crestview FL 32536 .-7e4`',' X.-PrT'IOnr&-i 02,-2022 11:39AIA ` ; 1 . f: 'x=t 282 Bracewell St '" �cR - .;, Crestview FL 32536 �:.4.;e -. : • - d +�i---. ,_-, - -.r_ March 02. 2022 11:40AM 164 W North Ave Crestview FL 32536 March 29. 2022 O1:05PM = = 282 Bracewell St Crestview FL 32533 :' r :� 'Zt • .��, " • " : .f h.�' +: fi` ,lac F: ; . _.. �, .. March 29, 2022 O1:O5PM 282 BracewefU St Crestview FL 32536 April 13. 2022 10:27AM4t 232 Bracewell St Crestview FL 32536 282 Bracewell St Crestview FL 32536 • Case # 22-328 282 Bracewell Any 05. 2022 10.34AM 2 2 Bracewell St �r C�tview FL 32536 • DAM.ypg11Q as e..ra... nevmel..o.vereeeor 014.,A,MC., 41W,.,Yl1Ml1Oi 'aAmid w.r.+.rr •�++von.eoxl.aas r..i.e...r+..r r_ M`•vrrxr.rA,r•rwW.-homen/IMft arm, OW.* r... 1I.......I...L.OYYw.L Wai•4mrirrV.ea1.....prral...rlam.re.rl a..nosel*. r.alaa.aa.y; Vfa ya/.a.a.•.N..N.ee..'yi..i.II.FY.. .gl.nR10/.is01wl.rr.M..r.rrrr++.+..wdwrialmri .• Savore�l.�aw.Yobrey.nb.baz wa.rv.l.....r .alw.r.lyskra rr•W...ti+1+Miww.r.rrr.f..rwr I.rar...arralOrdF e.r rAtt. AOmoo ..w....w+aft r—rr r.rrr ..IN rw•wrWr..e....r.1/I...s...ee►sr,tl.. •l • r IC' 1 { 11 1 May ❑5. 2022 11 :15AM 198 N Wilson St C -estvicw_FL 3.33 - CITY ltiusenivntw Oaiewur m OA1K> O� Dtrspwir3al�r it ► CODE OOMPLZ PtCE DiVieMON sse (tiles) aldil-4Pf PPOINCItoVJltnitucan nnts DATR'00/12/3022 Tyr Vi Ana& /Camas S1 AL tar raw+r o.a.r...rt tar CAM, isJ7f Oro 'moray Oman v .l• aa.by,5xazat7y awe., ar.r n.2a22..e poppet. aro 1.21 be r Public 11..eins Q¢7.Hyi. twa..a.e ne WHOA save Nee*.Oaw.i.w.~de 223,6 it W. Cevw6 Q.owAwr. 7Sb pot etatailag; irsit ait acoa la'OjaO'°H'r vlolrroor i r.a.mer/. ad.e ea a p..a.� Comma_ raios�l.� sm%Oia.hae.n, ll:s2SM Wog prAaala.b.daaa ad vas PLreOOPYAND PASTS PROM Q><ALOOSAPA.COlit r.arsaa EMICSACIRIPTIIONE KOLLAND ADD LOT 13, DIX 2 'A.sssidel dieba.e.>r she power to limy raw up `1230 pietist), ter a sae violation, mod rp to i wielPw!e .ia*.I..y . ifmoat Weirlea.mo aot to Mi. Spatial u. Sada-16a abatable te tie haapr bl. r pr violative. asap NYaapeea L Ira Orialta robe lioadition vielatiaa. Moms' *Vol** f bh..ptabla at iloititislimal %tles Pwti may. _ e1e w errseee.viol w faely.‘46146 MIRY �..raeea post ivies awe b tshoote 1"Y into glloilitt 'a1e1�"des �elc4 me IIe. impoatl, rAa mask bipae.ee'Iw+e a arobelow bslpa iaf Iliasistntia, _ am pia, =pair ova; r avea oWs�sal Mated a +e a Moila�b�rlad �� NWaetan eft NO. .n. that EXHIBIT # NOT IL Page 104 of 656 Crestview FL 32536 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209. Crestview, Florida 32538 Phone (850) 683-0898 Date: March 9, 2022 Case #: 22-00000328 THOMAS V & ANNIE KOLMETZ ET AL 968 B STREET CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 282 BRACEWELL ST Tax Identification Number: 07-3N-23-1180-0002-0130 Legal: HOLLAND ADD LOT 13 BLK 2, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 24, 2022, this case may be scheduled for a public heating before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If yon have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely :1 t De orah Lawson 1/4-/ Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # 1 Page 106 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1 DESCRIPTION: ACC STR-POOLS-SPAS DATE: 3/09/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds;, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). ACCESSORY STRUCTURES: 1. Repair, replace, or remove the accessory structure. For further information, please contact the City of Crestview Permitting Department @ 850-689-1618 ext. 254 or 261. POOLS & SPAS 1.Pools and spas shall be kept in working order, so that pool, or spa water remains free and clear of pollutants and debris, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 2. If a swimming pool has been converted to a fishpond, there must be adequate filtration to EXHIBIT # , Page 107 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER PROPERTY ADDRESS 22-00000328 282 BRACEWELL ST CORRECTIVE ACTION REQUIRED : ensure the water does not become stagnant, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 3. No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: I DESCRIPTION: EXTERIOR LIGHTING DATE: 3/09/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior Lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 3/09/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight EXHIBIT # j.. Page 108 of 656 VIOLATION DETAIL PAGE 3 'CASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST ORDINANCE DESCRIPTION : and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (a) Insect screens: All windows and other outside openi"gs required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. EXHIBIT # Page 109 of 656 USPS Tracking® Track Another Package + Tracking Number: 70113500000091339073 Status Not Available FAQs ) Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. Go to m M1 O' m m U.S. Postal Service CERTIFIED MAIL RECEIPT lbomestfr R+e i+ C. I v • No Insurance CouPrnge Pr$t er,Crrll Fcr n? Ivry} Information visd our R ebsiSo P1 wwJ, u5(zs, con• 376 Celled Few o(Endowment Required) A 2 tn 7ta1WPostage l Fees$ rn ra+ jaii 'Nom rq IL la V ltrAV k. 32 EXHIBIT # stions. -n CD a CT 0) A Page 110 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: March 29, 2022 Case #: 22-00000328 THOMAS V & ANNIE KOLMETZ ET AL 968 B STREET CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations. Location of Violation: 282 BRACEWELL ST Tax Identification Number: 07-3N-23-1180-0002-0130 Legal: HOLLAND ADD LOT 13 BLK 2, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by April 12, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. if you have any questions concerning this matter, you may call me at (850) 683-0896. S fl.t/ ly lig ai( Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 f EXHIBIT # Page 111 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1 DESCRIPTION: ACC STR-POOLS-SPAS DATE: 3/09/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools: No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. A11 swimming pools, spas, architectural pools, ponds, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). ACCESSORY STRUCTURES: 1. Repair, replace, or remove the accessory structure. For further information, please contact the City of Crestview Permitting Department ® 850-689-1618 ext. 254 or 261. POOLS & SPAS 1.Pools and spas shall be kept in working order, so that pool, or spa water remains free and clear of pollutants and debris, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 2. If a swimming pool has been converted to a fishpond, there must be adequate filtration to EXHIBIT # _ 1 Page 112 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST CORRECTIVE ACTION REQUIRED : ensure the water does not become stagnant, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 3. No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 3/09/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 WINDOWS DESCRIPTION: WINDOWS -OPENINGS -SCREENS LOCATION: QUANTITY: 1 DATE: 3/09/22 ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight EXHIBIT # Page 113 of 656 VIOLATION DETAIL PAGE 3 "CASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST ORDINANCE DESCRIPTION : and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City'Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 3/29/22 LOCATION: ORDINANCE DESCRIPTION : CONTINUED EXHIBIT # Page 114 of 656 VIOLATION DETAIL PAGE 4 LASE NUMBER 22-00000328 PROPERTY ADDRESS 282 BRACEWELL ST ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. EXHIBIT # Page 115 of 656 USPS Tracking® Track Another Package + Tracking Number: 70113500000091333804 Status Not Available FAQs Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. c Go to o CI =Li m m rn ✓ q u, U,S. Postal Service-, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For rfefrwery information V if our w. bsite at •awls. spr-.:- • FILIAL USE 14, /Z3 1.1.1.3f11""IkPgulreci tSsc^se trotRx.�]atl) C7 ry -• kW P P:F'U I riir(r4 rgiirtt;.:04" 'a.; 3. Th6 -x:33 Ilirtlftrgidfili4.1 EXHIBIT # l lions. m 0 m a Q SD Page 116 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 04/12/2022 Thomas V & Annie Kolmetz Et AL 968 B Street Crestview, FL RE: CASE# 22-328 Dear Property Owner: You are hereby formally notified that on May 17, 2022, 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 282 Bracewell Street, Crestview, FL 32539 more particularly described as: PIN# COPY AND PASTE FROM OKALOOSAPA.COM LEGAL DESCRIPTION: HOLLAND ADD LOT 13 BLK 2 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, ore 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 #1 Page 117 of 656 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. 1cerely, XI/ /fit Deborah Lawson Code Compliance Officer City of Crestview 850.306.3702/850.612.9714 Pena KIA Appendix II Rcrked 2.21 EXHIBIT Page 118 of 656 Case # 22-328 282 Bracewell Street Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (i), (j) (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action Required: Remove the inoperable vehicle froin the property or bring it into an operable state. Code of Ordinance Violated: Chapter 38 Section 65 (f), (s), (v) (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2)) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (v) Exterior lighting: All outdoor lighting shall comply with the following. (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. Corrective Action Required: Obtain the necessary pennits and repair or replace the windows, accessory structure, and exterior lighting. EXHIBIT # Page 119 of 656 U.S. Postal Service CERTIFIED MAIL RECEIPT -nl 0 rr m m m a (Domestic Mail Only, No Insurance Coverage Provided/ OFFICIAL US=E-, Pa*" GNAW Fee Return Roo** Fee ,zmItimersent Riga/Ed) o floodrIcted Delivery -ielorastsaiti Oaid)•do a 1.11 1" Pu,u s a =.m rrt * Complete items 7, 2, and 3 - Print you name and address on the reverse so that we car return the card to you. Mach this card to the trade of the mappiece, or on the front if space permit 1. Ar6de Addressed to: IliOrMS V fi CAN Ftle °Itia 6 s c i-v 1 N, 326-31, 1111111111111111111111111111111111111 9590 9402 6373 0303 1243 52 Wept a7 0 Ccreenaa, 2. Mktg Niinbutetenefet Nat MVP! -e- o cLoerat m oa rrnakr.d n.eYsy +*y • 7011 3500 DEMO 9133 3996 gig Resbkredoemy TPS Form 3811, July 2020 P9N 7530-02.00o-9053 (t.:3! tc- CI -lucidity slimes dlyaent *oar Rem x You It YES, entire dataiy eddies. Wow ONO amow IMO Esparie a oWAnd cet.drwew■rrat.dow.rr oe�eea m EXHIBIT # 1 Dom Retim Ftecefpt Page 120 of 656 USPS Tracking® Track Another Package + Tracking Number: 70113500000091333996 Your item was delivered to an individual at the address at 2:45 pm on April 15, 2022 in CRESTVIEW, FL 32536. USPS Tracking Plus® Available \/ G Delivered, Left with Individual April 15, 2022 at 2:45 pm CRESTVIEW, FL 32536 Get Updates \/ Text & Email Updates Tracking History USPS Tracking Plus® Product Information See Less t EXHIBIT # FAQs > Remove X Page 121 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-328 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 5th day of May 2022, I personally posted said Notice of Hearing at: 282 Bracewell Street, Crestview, Florida, in the County of Okaloosa. copy Of said imtke.As attached hereto. )ij "c� tar r is S Before me, the undersigned authority personally appeared, Deborah Lawson, 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 5th day of May 2022. (SEAL) Eirf 014My Commission Expires 09-00-2023 Jordan Davie Notary Public, Stahl of Floridan °r Commission No. GC 855282 Form 54 COMMISSION EXPIRES: t f C1 142,E EXHIBIT # I Appendix 9 Page 122 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION 3/3/22 DATE W/ne{d w' no7 rer'l&&Ice Ste Se. NAlU7EOF WINDUP) OBSERVED �+.r��r or gt.he.+t etc -053 r- 3 -*c-u- 282 Bracewell St 22-328 ADDRES 11240HAowA CArr:ry Icc '-: a Secvrtc CHAPTER 3&65 IMPROVED PROPERTY STANDARDS O (s) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS (f) WINDOWS o (g) SHUTTERS O (h) EXTERIOR DOORS o (I) EXTERIOR DOOR FRAMES AND STOREFRONTS O Q) EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (q PORCHES AND BALCONIES O (m) STARS O (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CINMNEYS, FLUES, AND VENT ATTACHMENTS O (q OVERHANG EXTENSIONS O (r) BISECT SCREENS (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS. -T we..I d n �t !Y ,.e rc a „r« f -a r AA, ref*. rJ ), st! P dot A % f a L3r "Ate, o n 1.4 Yxdtrear t 4-14 inJ,-4c1 or �e•.r�rd u w �+rr.r.it [.�� ![ 1t re 4c, r�•li_irt Se cr.r_r3 or , .41.4•..rc :..r}•lk� t rt rYtoticta/ 1 jeft reed u:re rnJiit.11 w c •x MPS DA'': cr.-clot EXHIBIT #.1._ 411/7.." Page 123 of 656 Case # 22-328 282 Bracewell Building Official Inspection Conducted March 8, 2022 EXHIBIT# ` Page 124 of 656 Case # 22-328 282 Bracewell Building Official Inspection Conducted March 8, 2022 EXHIBIT& Page 125 of 656 Case # 22-328 282 Bracewell Building Official Inspection Conducted March 8, 2022 EXHIBIT# t ik Page 126 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Thomas V & Annie Kolmetz Et AL 968 B Street Crestview, FL 32536 Respondents. Inst. #3551971 Bk. 3823 Pg: 1919 Page 1 of 3 Recorded: 512312022 11:46 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERKAPRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-328 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 17, 2022. 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 V & Annie Kolmetz, whose last known mailing address is 968 B Street, Crestview, FL 32536, is the owner of the property located at, 282 Bracewell Street, Crestview, FL 32536, AKA PIN# 07-3N-23-1180-0002-0130, and more particularly described as: HOLLAND ADD LOT 13 BLK 2. 2. The conditions on the property consist of a deteriorating structure in need of repair. The violation(s) were first observed on January 3, 2022. A Notice of Violation was mailed by certified mail March 10, 2022, and was not received by respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (v). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by March 24, Page 127 of 656 2022. Re inspection of the property on March 28, 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. 65 (f), (v). - 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. On or before June 20, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of 'ti 250.00. 9. On or before June 20, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 128 of 656 a. Obtain the necessary permits and repair or replace the windows and exterior lighting. 10. If the violation(s) are not corrected by June 20, 2022, a fine in the amount of $250.00 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 18th clay of May 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.05.20 14:06:23 -05'00' 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 fihng 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. Page 129 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Thomas V & Annie Kolmetz Et AL 968 B Street Crestview, FL 32536 Respondents. CASE# 22-328 Inst. #3593593 Bk. .i Pg: 763 Page 1 of 3 Recorded: 12!1/202211:52 AM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 17, 2022. 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 V & Annie Kolmetz, whose last known mailing address is 968 B Street, Crestview, FL 32536, is the owner of the property located at, 282 Bracewell Street, Crestview, FL 32536, AKA PIN# 07-3N-23-1180-0002-0130, and more particularly described as: HOLLAND ADD LOT 13 BLK 2. 2. The conditions on the property consist of a deteriorating structure in need of repair. The violation(s) were first observed on January 3, 2022. A Notice of Violation was mailed by certified mail March 10, 2022, and was not received by respondent. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (v). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by March 24, Page 130 of 656 2022. Re inspection of the property on March 28, 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. 65 (f), (v). - 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: S. On or before June 20, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before June 20, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 131 of 656 a. Obtain the necessary permits and repair or replace the windows and exterior lighting. 10. If the violation(s) are not corrected by June 20, 2022, a fine in the amount of $250.00 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 18th day of May 2022. CERTIFIED A TRUE Digitally signed by AND Samuel B. Samuel B. Taylor CORRECT COPY BY Taylor Date: 2022.05.20 cfrrtr. „�,s; 14:06:23 -05'00' Special Magistrate City of Crestview, Florida DATE: ^.a -1 — 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. Page 132 of 656 mr. 7'17rJrr- Aug 29, 2023 at 2:17:15 PM 282 Bracewell St Crestview FL 32536 Aug 29, 2023 at 2:17:34 PM 200-298 Bracewell St Crestview FL 32536 Case # 22-1362 578 S Wilson Owner of Record: Kenneth J Siler 497 S Wilson St Crestview FL 32536 Origination Date: 08/29/2022 Origination Code: Police Dept Referral Violations: Chapter 38 Section 18 (k) — Overgrown Vegetation Corrective Action Required: Remove overgrown vegetation from the property. Notice Sent: 08/30/2022 Signed: 09/06/2022 Compliance Date: 09/12/2022 Inspected: 09/13/2022 Results: In Violation Notice Sent: 09/14/2022 Signed: 09/20/2022 Compliance Date: 09/30/2022 Inspected: 10/4/2022 Results: In Violation Public Hearing Notice Sent: 01/11/2023 Signed: 01/13/2023 Hearing Date: 02/21/2023 Property remains in violation. Order Recorded: 02/24/2023 Hearing fee: $250 Due by 03/24/2023 Daily fine: $250 Start: 03/24/2023 Fines: $38,250 as of August 23, 2023 (not including interest) Property Value: $56,602 Related Properties: 422 Spring St 17-3N-23-2490-0086-0090 Case # 16-338 Found in Compliance 6/21/2016 Violations: Abandoned Appliances Page 134 of 656 Case # 22-1362 578 S Wilson 404 Spring St 17-3N-23-2490-0057-0120 Case # 21-792 Went to public hearing August 2021, order on 418 Spring only Vacant Lot Savage St 17-3N-23-2490-0020-0050 Case # 23-110 Found in Compliance 11/22/2022 Violations: Trash/Debris, Inoperable Vehicles/Parts Case # 22-1144 Found in Compliance 9/21/2022 Violations: Trash/Debris, Inoperable Vehicles/Parts, Vegetation 203 Spring St 17-3N-23-2490-0019-0990 Case # 23-114 Active Case Violations: Abandoned Appliances, Trash/Debris, Inoperable Vehicles/Parts, Exterior Walls/Surface Treatment, Windows. 416 Brock Ave 08 -3N -23-0743-0007-005A Case # 17-298 Found in Compliance 4/28/2017 Violation: Overgrown Vegetation 221 S Booker St 17-3N-23-2490-0079-0010 Case # 22-828 Hearing Date: July 19, 2022 Fines: $36,500 Violations: Building Permit Required Case # 22-827 Hearing Date: July 19, 2022 Fines: $28,250 Violations: Trash/Debris, Inoperable Vehicles, Littler, Accessory Structures, Exterior Surfaces, Foundation, Roofs, Structural Supports, Windows Page 135 of 656 338 S Booker St Case # 23-46 Case # 22-1362 17-3N-23-2490-0080-0130 Active Case Violations: Accessory Structures Case # 19-1098 Closed Violations: Solid Waste 578 S Wilson 385 S Booker St 17-3N-23-2490-0081-0050 Case # 23-112 Closed Violations: Trash/Debris Case # 22-829 Hearing Date: July 19, 2022 Fines: $10,000 Violations: Building Permit Required Case # 21-436 Hearing Date: July 19, 2022 Fines: $14,500 Violations: Vegetation/Debris, Exterior door, Overhang, Windows, Structural Supports, Roofs Case # 19-1097 Closed Violations: Debris, Inoperable Vehicles, Overgrown Vegetation 311 Oakdale 17 -3N -23-2490-0001-007B Violations: Windows, Exterior Doors, Roofs, Overhang extension Vacant Lot Booker St 17-3N-23-2490-0084-0190 No Case History Vacant Lot Booker St 17-3N-23-2490-0084-0200 No Case History Page 136 of 656 Case # 22-1362 578 S Wilson St February 21, 2023 Exhibit 3 J V Page 137 of 656 Report Date f Time 812312022 10:47:02 AM FIBRS Incident Report CRESTVIEW PD Report Number CPD22OFF002503 (01) Originating Agency ORI FL0460100 Offense Description 1400 INFORMATION Reported to Agency Date 812312022 9:18:37 AM Report Case/CAD Number Reporting Officer Rank l ID Reporting Officer Name CPD22OFF0025031 OFC1K9 1 CPD22CAD021479 Occur Date Range Jurisdiction 08/2312022 09:18:37 - LOCATION(S)_ County Location Type Location Description OKALOOSA Street Number 201 Street STILLWELL BLVD Person: OTHER PERSON First Name KEVIN MNI# CPD21 MNI003863 Place of Birth: Middle Name TYRONE SSN 42484-2723 , GA, US Last Name RUSSELL Date of Birth 05127/1975 Status: 'Clearance: City State Zip Code Apt/Lot/flN9 CRESTVIEW FL Suffix Age 1113 Type 47 jE Addresses • 1578 S WILSON ST, FL 325361 Narrative: INITIAL pio Narrative Date/Time 81231202210:51:00 AM Reporting Officer Officer Signature Race BLACK Sex Height MALE 508 Phone Number Weight tHalr 215 i BRO Drivers License or other ID State 1OCA /Agency ID R240518751870 IFL Narrative Synopsis Ext. Eyes SRO Officer Rank 1 OFCIK9 Officer ID No Officer OrgNnl Officer Agency CRESTVIEW PD On 8/18/22 at approximately 1808 hours during an investigation regarding a stolen property complaint with Kevin Russell as the suspect, I made contact with Kalani Ashton, the complainant. During our discussion, Kalani stated to me that Kevin Russell lives in the trailer located on 587 S Wilson St. She stated he "rents it from Kenny Siler". When asked to confirm she had direct kowiedge that Kevin Russell lives in the trailer she stated yes. On 8/23/221, K9 Ofcs C. Rawles and T. Dean assisted Florida Department of Corrections Probation Officer J. Theis with a home visit of 578 S. Wilson St. which is the listed probation address for Kevin Russell per Ofc Theis. During the probation walkthrough it was discovered power services are active in the trailer as evidenced by lights being on inside the trailer. I did not observe any indications that a generator was present and running during my time on location. PIERS Incident Report Page 1 of 2 EXHIBIT # Page 138 of 656 Repo.Date / Time 8/23/2022 10:47:02 AM Report Number CPD22OFF002503 (01) Originating Agency ORI FL0460100 Offense Description 1400 INFORMATION Reported to Agency Date 8/23/2022 9:18:37 AM Report Case/CAD Number 'Reporting Officer Rank / ID Reporting Officer Name CPD22OFF0025031 OFC/K9 / CPD22CAD021479 'Occur Date Range 'Jurisdiction Status: 08/23/2022 09:18:37 - Clearance: !These incidents were captured on my department issued body worn camera. This report for information purposes. Officer: Approving Supervisor (Supplement 01) Officer Name Officer Rank SGT Officer ID No Officer Agency CRESTVIEW PD Approval Date / Time 8/25/2022 8:50:30 AM pup* 01 DEAN T. OFC Officer Signature Officer Name Rank / 1D # 01 OFC/K9 Involvement On Report / Reporting Role BACKUP OFFICER CRESTVIEW PD REPORTING OFFICER / CRESTVIEW PD REPORTING OFFICER OFF C. RAWLES 01 OFC/K9 01 THEIS, JACOB Officer Agency OrgIUnf BACKUP OFFICER CRESTVIEW PD OTHER 1 SGT FLORIDA DEPARTMENT OF CORRECTIONS PROBATION OFFICER APPROVING SUPERVISOR CRESTVIEW PD The undersigned certifies and swears that he/she has just and reasonable grounds to believe that the above named Defendant, committed violation(s), of law, on the below date(s) and time(s), as listed in the narratives associated with this report Officer. Reporting Officer(Supplement0l) Officer Name Office Rank Officer ID No Swom and subscribed before me, the undersigned authority OFC/K9 This the day of DEPUTY OF THE COURT, NOTARY OR LAW ENFORCEMENT OFFICER Officer Agency CRESTVIEW PD Officer Signature FIBRS Incident Report Paget oft EXHIBIT # 3 Page 139 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION /ro/2 DATE , ❑ _ Foie [ -C NATURE OFViC ATIDXSjOBSFRV® 4:ccc55ar 22-1362 578 S Wilson ADDRESS/DCA - MOFMCKIM qtr 13I.1; I Odtin; or' 11.1" 11- 4 nd rr/ lscr r""4"1 .ir! sa4i, CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (di SKIRTING O (e) EXTERIOR WALLS O (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS O G7 EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES O (m) STAIRS O (n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS 0 (s) ACCESSORY STRUCTURES O (1) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR UGHTING O (w) FENCES AND WALLS COMMENTS: /'Try 1 7 P^C. r- 64,4,7 $, (er-) 4 Ie 5-1 c.✓ 1 Scrr Vd 01 2 Sg. � a/ � 1 /4z" 4.4 hi or Al_ CJr o. /o/ rr_ele t r f v 71 ek is. / A C t d / � Jf �t ..� -T Ccb/ r✓1-r re 7 . .T 1). ADM OFFICIAL 4: 1 /On PRIMED NAME OF BUWIDNG OFFICIAL EXHIBIT # 3 /710/?3 DA>'E Page 140 of 656 578 S Wilson St ''~-``� A Crestview FL 32536 . ` r y - August 29, 2022 11:56AM `�== -'`4" :: "`' 201-225 W Bowers Ave Crestview FL 32536 August 29, 2022 11:58AM 571 S Wilson St Crestview FL 32536 September 13, 2022 10:00AM 573 S Wilson St "`;_, " �.ti, Crestview FL 32536 'i- ;,-.4•; , October 04, 2022 10:25AM - : '- "'' • `'gym 4+t .''" it !. - y1 _Ny t , 578 S Wilson St Crestview FL 32536 October 04, 2022 10:25AM 573 S Wilson St Crestview FL 32536 01144g6.., October 06, 2022 10:46AM • 215 W Cobb Ave Crestview FL 32536 November 17. 2022 01:38PM n+7• y ;4 ; ••. (s 1. 57S S Wilson St "�r"���`,,' :1 Crestview FL 32536 s. Januar 19, 2023 11:49AM .,4 r }--•,v 573 ddsori • Crestview FL 32536 ,;January 19, 2023 11:49AM Case # 22-1362 578 S Wilson J 578 S Wilson St Crestview FL 32536 February 08. 2023 09:51AM TV OF CRL'SI VI IL 16 a)OMPLIANC>:. DIVISION swx.diJrnii Sawa .. .[mows%.tta! S.aaL. .Aalel. ,1.avc •. .S a1" M • rA Yi..waJa.•a.m.,. .ewr .••e..v:11s Mgt Pak a<aa1.x►•..a11.alL.rlrna•- l to laL •... a IA P. .a.',w�s .. 11.1.1•771714m r.. fr. f rl .•ri . M al •. *vs*or caw. a•.t fr.we�rar aA.n••aM K acd .assr^.. vas at Mal N l:r 01.1•• . .1.k.•SI. HHr • •.e1..11...11.70/wdl.. F . 171111• .T-iaa....11uaarl•.tuaL . 3! ww Otlal • pt •W 101/. 10• we Ilu )war Wlna..lr Y• T+a a. aay Rom y a Sl.M pt b w• A.-. ..1.1•1•0 1.dMr 1,. aar L.• ap••a.ihs.r. Ntin .lrW a4or•1. Rohs* 0k1IA. n. a....a..ra. 1+•.+..-. aae..•11.l M.on.Yx10AV•1•Ya11.N.•slr l.a... whsY.•r1ry.. • rgan. vat. 1.11... _ r _ ma.11.•—..a._* ••••e•••.. �•+�. u..1.•••••• i•..rn..V..—are. 1.iffaa1.•.I v1Y L R.wn�. .Y.•1•fr.rla^'. wale•,• w ler..M• 7Pa•118.1.M. w Ilwr..•r.....•� scams r ewe1.ixWe raw yrr•sa.... rsrs ass •a..1.•. laar0 ass. W..w w•••• r.• Ye r.auar EXHIBIT # • 578 S Wilson St Crestview FL 32536 February 08, 2023 09:51A � . t FfAi Page 147 of 656 Case # 22-1362 578 S Wilson K,. — 1 • 149-199 N Wilson Si Crestview FL 32536 February 08 2023 11:04AM DATE: 01»9.2023 K.meth J Silo, 497 Wilson Sheol C1eelvicw. FL 31536 RE: CAitl 22-1342 Dow Pavony Owner: Yon re hseb7 .a`taaab rw4fiod Mal on February. 21, 2023, at 6.30 P_54, there v.Dl br ■ Public HaannR at City Hall, laol.d a. 192 % Jwn Bawl North, Qwivlew, !Florida 32536 in rho Osman Oboobgra- Thin swains la bake held Commonest nolatiool that 000tlnoa b .mint on a peed of property beionsiws to -yen, loaned 0. MR 8 Kba.a Street. C rorvl.v., FL 32516 more particularly dren-b.d ..: P 0.1. 1 r-a.•33-2490-0I•M1.0070 I.=CAI. DRSCWPTKIK.: CR PRTVIHW LOTS 7 TO 9 INC RLX 110 Tsie f.laui�.n h.. the power r levy !nee op to 5230 per nay fir 6 farts vinlaame, wad .M1. i arti or do " `I•'". 7e ran:peaal violation. 1f tbo 5p#4 W Mapiaa.de lid& any up be wraps whir e. rrnr M not b cute.' $5.000 po, violation, luny tae ilaspn od 11. •..•aae....1he retldib.n aao es K.. k.tdlp4 Dreea.4a a e.riou. th..a I li]C W hlic 1 -.dun warily. or RR.. .• •I dae,wroeap..& .r.riowhl.or h.everaible mnar.nr Or f:n.. Tel r• tad:t.ye «:,i rat. FY d. t..,l y .pm..• .r ba d3 •. •hard « -v taco wi. roman n.d..i.rr e . Fnea is...•Or•3 luen I. GE./ 0f W. Wt*•.. a 1...t1 w,'• liar {.. rn 1.1 _ �•�a'•e. •.a. Mts.. M. b..w..7 4�e.r.e-._ t• twat ha rata or L+•..ave. are ow. 44wao,tiri.r dti WOW" Rwa t... !ta n.wrtay wJ. Ye 141 >•14rt :S+riy t tyy y. wri ....h ..wa Tin' Ir..R .e a' M ti'..r aw s�frw .e Ba•••••• 71.110":11..r'41.1 q•..'T+hnwl tae Irti ne 1M ti4f.. war P..1a 6.�.Ma, awl a+.rl Ula rMar �ar.d .17"47•14 .4 an,, CITY OFr`:-.EsavIsw CODE COMPLIANCE DIVISION MOS 8M/Wail B(oli Crusty f eav, FL3k 9 (810o) bey -0896 r o1Tc6OPPvJdl1CHEARINC 578 S Wilson St Crestview FL 32536 February 211 2023 08:30AM ►i Srt E:' EXHIBIT # _ 3 Page 148 of 656 :. d .2*; x""20 —2251N Bowers Ave Crestview FL 32536 ••February 21, 2023 08:31AM;, 215WUobbAve Crestview FL 32536 February 21, 2023 08:34AM 215 W Cobb Ave Crestview FL 32536 February 21, 2023 08:34AM' CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209. Crestview, Florida 32536 Phone (850) 683-0896 Date: August 29, 2022 Case #: 22-00001362 KENNETH 3 SILER 497 S WILSON ST CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 578 S WILSON ST Fax Identification Number: 17-3N-23-2490-0130-0070 Legal: CRESTVIEW LOTS 7 TO 9 INC BLK, 130, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 12, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate, The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and S500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. ee,,,, ,,,./: , cerely, • , / , /`rah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # 3 Page 152 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 8/29/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 8/29/22 LOCATION: ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 RECREATIONAL CAMPS Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the City of Crestview s LDC, SECTION 7.05.03 - RECREATIONAL CAMPS. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. Please contact Planning & Zoning @ 850-682-1560 ext 203, for further information. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. EXHIBIT # Page 153 of 656 USPS Tracking® Tracking Number: r_ 11200001 PCB 4074 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 2:02 pm on September 6, 2022 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus Delivered Delivered, Individual Picked Up at Post Office CRESTVIEW, FL 32539 September 6, 2022, 2:02 pm See All Tracking History Text & Email Updates USPS Tracking Plus® O FAQs > Remove X U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com' tr — — - 4' erll 4 sp,i0e• d ira cea. w ' 1 a r .. rw t<_--_ CI t • w Synighan H.+e.,.:1 Dow) ti _ _ i 1 riofiii -7-.17;;; .;-", 1 III ra N v EXHIBIT # m CD a cr a) Page 154 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: September 14, 2022 Case #: 22-00001362 KENNETH J SILER 497 S WILSON ST CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 578 S WILSON ST Tax Identification Number: 17-3N-23-2490-0130-0070 Legal: CRESTVIEW LOTS 7 TO 9 INC BLK, 130, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 30, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Ice; rly ah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # 3 Page 155 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST VIOLATION: CH 6 DEVELOPMENT STANDARD QUANTITY: 1 DESCRIPTION: RV'S CAMPER'S CAMP TRAILERS DATE: 9/14/22 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 6 DEVELOPMENT STANDARDS 6.01.02 - RESIDENTIAL DESIGN STANDARDS 4N -Recreational Vehicles, Campers, Camp Trailers, or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. CORRECTIVE ACTION REQUIRED : You may abate the violation: by removing the RV, Camper, Camp Trailer, or Mobile Dwelling Vehicle from the property. EXHIBIT # 3 Page 156 of 656 USPS Tracking® Tracking Number: 701 Copy "0000196048289 FAQs > Remove X Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 3:00 pm on September 20, 2022 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Individual Picked Up at Post Office CRESTVIEW, FL 32539 September 20, 2022, 3:00 pm See All Tracking History Text & Email Updates USPS Tracking Plus® -n (D m Q. Cr 0 U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only For deliver information. visit our website at www.usps com - '`f • 0° Appian Aft -we Mimirmki lo ! �ffN�F t_ J St Z - 1.3&Z EXHIBIT # _ 3 U Page 157 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: October 6, 2022 Case #: 22-00001362 KENNETH J SILER 497 S WILSON ST CRESTVIEW, FL 32536 Dear KENNETH J SILER, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 578 S WILSON ST Tax Identification Number: 17-3N-23-2490-0130-0070 Legal: CRESTVIEW LOTS 7 TO 9 INC BLK, 130, If the vioIation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by October 25, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. .Sinceiely r, k , /4, Degorah Lawson Code Compliance Officer 850.306.37021850.612.9714 EXHIBIT # 3 Page 158 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST VIOLATION: CH 6 DEVELOPMENT STANDARD QUANTITY: 1 DESCRIPTION: RV'S CAMPER'S CAMP TRAILERS DATE: 9/14/22 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 6 DEVELOPMENT STANDARDS 6.01.02 - RESIDENTIAL DESIGN STANDARDS 4N -Recreational Vehicles, Campers, Camp Trailers, or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the RV, Camper, Camp Trailer, or Mobile Dwelling Vehicle from the property. EXHIBIT # Page 159 of 656 USPS Tracking® Tracking Number: /01911 200001 96045387 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update USPS is now in possession of your item as of 2:53 pm on October 7, 2022 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus® Accepted USPS in possession of item CRESTVIEW, FL 32539 October 7, 2022, 2:53 pm Text & Email Updates USPS Tracking Plus® Product Information r` co m rR 0 a ti P- U.S. Postal Service _ CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com' Doom..—.,..... Mi lr..eia• ir.Tlr... _nlrve1r 3 s[ , 2Di >t EXHIBIT # FAQs > Remove X -n CD CD fl. Cr 0 v v Page 160 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: January 11, 2023 Case #: 22-00001362 KENNETH J SILER 497 S WILSON ST CRESTVIEW, FL 32536 Dear KENNETH J SILER, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 578 S WILSON ST Tax Identification Number: 17-3N-23-2490-0130-0070 Legal: CRESTVIEW LOTS 7 TO 9 INC BLK, 130, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 18, 2023, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If,?:am have any questions concerning this matter, you may call me at (850) 683-0896. F,4nce;rel CadeCompflance Ofti rJ EXHIBIT # 3 Page 161 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 8/29/22 LOCATION: NARRATIVE : 9/14/2022, 1:27:55 PM CRESDLL Vegetation has been removed. ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 6 DEVELOPMENT STANDARD QUANTITY: 1 DESCRIPTION: RV'S CAMPER'S CAMP TRAILERS DATE: 9/14/22 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 6 DEVELOPMENT STANDARDS 6.01.02 - RESIDENTIAL DESIGN STANDARDS 4N -Recreational Vehicles, Campers, Camp Trailers, or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. CORRECTIVE.ACTION REQUIRED : You may abate the violation by removing the RV, Camper, Camp Trailer, or Mobile Dwelling Vehicle from the property. VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1 DESCRIPTION: ACC STR-POOLS-SPAS DATE: 1/11/23 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools: No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of water shall be EXHIBIT # 3 Page 162 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST ORDINANCE DESCRIPTION : properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). ACCESSORY STRUCTURES: 1. Repair, replace, or remove the accessory structure. For further information, please contact the City of Crestview Permitting Department @ 850-689-1618 ext. 254 or 261. POOLS & SPAS 1.Pools and spas shall be kept in working order, so that pool, or spa water remains free and clear of pollutants and debris, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 2. If a swimming pool has been converted to a fishpond, there must be adequate filtration to ensure the water does not become stagnant, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. 3. No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 1/11/23 LOCATION: ORDINANCE DESCRIPTION : 38.66 - Accessory structures. EXHIBIT # ? Page 163 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 22-00001362 PROPERTY ADDRESS 578 S WILSON ST ORDINANCE DESCRIPTION : Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining a building permit and repairing, or removing the accesscry structure from the property. You may contact the permitting department © 850-689-1619 ext. 254 or 261. EXHIBIT # 3 Page 164 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION I /023 ,DATE .5�..h& s tole C-�' NATURE CF VIOLAIDAS) OBS8RVED 22-1362 578 S Wilson 4rce Ssd y $i7,"d-1..,rC ADDRES$LDCATIONOFVId.AT1ON , 1,J5; ra i::''SC r'"7 - c a CORRECTNEACTION(S)RE URED (a, CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS D (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS O (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (i) EXTERIOR DOOR FRAMES AND STOREFRONTS O (j) EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES O (m) STAIRS O (n) ROOFS D (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS 1 COMMENTS- /'/ 7 Cat ire 1c<-4^7 ;Ale 1-) 4 i. 717 , aciy7otalo r � PRINTED NAME nr BUILDING OFFlCIAL EXHIBIT # 3 4404 DATE Page 165 of 656 LISPS Tracking® Tracking Number: 200n' 196047695 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 5:16 pm on January 13, 2023 in CRESTVIEW, FL 32536. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual CRESTVIEW, FL 32536 January 13, 2023, 5:16 pm See All Tracking History Text & Email Updates USPS Tracking Plus® U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website #t www.usps.com' rcr.oKoac.edfie n. mraij 1 _ R.nm Fiecectlantopyi 1 _ r + ❑�a.nHecetptl ra nC.ea.d Mai Restrkaid D $ .__ O pna* SOM.. Recriakt f __- ___ ❑ Atka btu.H..trktadDowry S — a ti rl ri PN__1• EXHIBIT # 3 1, 50J Postmark FAQs > Remove X -n CD CD a Page 166 of 656 CITY OF CRESTVIEW -" CODE COMPLIANCE DIVISION -.� 201 Stillwell BIvd Crestview, FL 32539 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 01/19/2023 Kenneth J Siler 497 Wilson Street Crestview, FL 32536 RE: CASE# 22-1362 Dear Property Owner: You are hereby formally notified that on February 21, 2023, at 5:30 P.M., there will be a Public Hearing at City Hall, located at I98 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 578 S Wilson Street, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0130-0070 LEGAL DESCRIPTION: CRESTVIEW LOTS 7 TO 9 INC BLK 130 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 # 3 Page 167 of 656 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. /Scar y, Deborah Lawson Code Compliance Officer City of Crestview 850.307.3702/850.612.9714 Form S1A Appendix S Revised 2021 EXHIBIT # 3 Page 168 of 656 Case # 22-1362 578 S Wilson St Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove overgrown and uncultivated vegetation from the property. Code of Ordinance Violated: LDC Chapter 6.01.012 4N Recreational vehicles, campers, camp trailers, or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. Corrective Action Required: Remove the RV, camper, camp trailer, or mobile dwelling vehicle from the property. Code of Ordinance Violated: Chapter 38 Section 65 (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. Corrective Action Required: Obtain the required permit and repair or replace accessory structures. Code of Ordinance Violated: Chapter 38 Section 66 Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. Corrective Action Required: Obtain the required permit and repair or replace accessory structures. EXHIBIT # Page 169 of 656 LISPS Tracking° Tracking Number: # u i 0Do91960499 1 t. FAQs Remove X Copy Add to Informed Delivery (https://informeddelivery.us s.com p /) Latest Update Your item was picked up at the post office at 3:21 pm on January 24, 2023 in CRESTVIEW, FL 32539. Get More Out of USPS Tracking: USPS Tracking Plus Delivered Delivered, Individual Picked Up at Post Office CRESTVIEW, FL 32539 January 24, 2023, 3:21 pm See All Tracking History Text & Email Updates USPS Tracking Plus® ►'VurgIT rCr p U.S. Postal Service`' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.us.s.com! +ie+a7-1 Q CIA. Sant, woven Pll Lit• 4:49 _ "OS Sv..Q. Fasrt.a bilkm, l .�._.._. imiam 57.5 EXHIBIT #3 -n CD CD v� 0) 0 Page 170 of 656 f, Anent s Si CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.D. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-1362 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 8th day of February 2023, I personally Hearing at 578 S Wilson Street, Crestview, Florida, in the County of Okaloosa. said Notice of icppy of said notice ifsi attached hereto. nature Da Before me, the undersigned authority personally appeared, pp , Deborah Lawson, 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 8th day of February 2023. (SEAL) 49 r"'' t NANCYHOUGH melon = #HH32i670 aNovember 6, 2428 Form 54 NOTARY PUBLIC: _' )4' iir._• 4. MY COMMISSION EXPIRES: LIIBIT# 3 Appendix 9 Page 171 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Kenneth J Siler 497 S Wilson St Crestview, FL 32536 Respondents. Inst. #3607924 Blc 3663 Pg: 1623 Page 1 of 3 Recorded: 2/24120:43 11:37 AM RECORDING ARTICLE V. $12.00 RECORDING: $15.00 DEPUTY CLERK frozen JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY FLORIDA CASE# 22-1362 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 21, 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, Kenneth J Siler, whose last known mailing address is 497 S Wilson Street, Crestview, FL 32536, is the owner of the property located at, 578 S Wilson Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0130-0070, and more particularly described as: CRESTVIEW LOTS 7 TO 9 INC BLK 130 2. The conditions on the property consist of overgrown vegetation. The violation(s) were first observed on August 29, 2022. A Notice of Violation was mailed by certified mail August 30, 2022, and received by respondent on September 6, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (k) . - Mains a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by September Page 172 of 656 12, 2022. Re inspection of the property on September 13, 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 (k). - 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. 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 $2512. 9. On or before March 24, 2023, the Respondent is to correct the violation(s) by conducting the following action(s): Page 173 of 656 a. Remove overgrown vegetation from the property. 10. If the violation(s) are not corrected by March 24, 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 21st day of February 2023. Samuel B. Digitally signed by CERTIFIED A TRUE Samuel B. Taylor Date: 2023.02.23 AND Taylor 70.:04:15-06'00' CORRECT COPY Special Magistrate B ��rt4f itt L City of Crestview, Florida Cam, DATE_:_ \ _ -a ki-a0A.'3 RIGHT TO APPEAL — You have the ri t at your own appeal Order entered by the Special Magistrate by fil ni g� a writ of certiorarirae for appeal 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. Page 174 of 656 Aug 29, 2023 at 2:51:07 PM 221 W Bowers Ave ja Crestview FL 325361111 Case # 21-386 124 S Booker St Owner of Record: Hayvard Lee 879 McDonald Street, Crestview, FL 32536 Origination Date: 01/14/2021 Origination Code: Police Dept. Referral Violations: Chapter 38 Section 18: (a) Nuisance Conditions (b) Trash, debris, garbage (d) Dilapidated structure (f) Odors and emission of odors Section 19: Trash, debris, vegetation in right of way Section 48: Property exterior Section 70: Unsightly conditions Chapter 70 Section 70-27: Refuse not acceptable for collection Corrective Action Required: Obtain a demolition permit and demolish the structure and remove all demolition debris. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, abandoned appliances, machinery, equipment, and any furniture specifically not designed for outdoor use. Notice Sent: 01/15/2021 Signed: 01/16/2021 Compliance Date: 01/21/2021 Inspected: 01/21/2021 Results: In Violation Notice Sent: 01/22/2021 Signed: 01/23/2021 Compliance Date: 01/23/2021 Inspected: 01/28/2021 Results: In Violation Public Hearing Notice Sent: 06/17/2021 Signed: 06/18/2021 Hearing Date: July 20, 2021 Property remains in violation Order Recorded: August 24, 2021 Wet Stamp Recorded: December 1, 2022 Hearing fee: $250 Due by 08/21/2021 Daily fine: $250 Start: 08/21/2021 Fines: $183,000 as of August 24, 2023 Property Value: $9,150 Page 177 of 656 Case # 21-386 124 S Booker St Related Properties: 108 S Booker St 17-3N-23-2490-0076-0130 Hayvard Lee Case # 21-391 Hearing Date: May 18, 2021 Fines: $198,750 Violations: Trash/debris, Inoperable vehicles Vacant Lot Benjamin St No cases found Vacant Lot McDonald St No cases found 879 McDonald St Case # 20-416 20-3N-23-0000-0117-0180 20-3N-23-0830-0001-0240 20-3N-23-0830-0003-0080 Hayvard Lee Hayvard Lee Hayvard Lee Hearing Date: November 17, 2020 Fines: $248,750 Violations: Inoperable vehicles Page 178 of 656 CASE 21-386 124 S BOOKER STREET EXHIBIT 3 TUESDAY, JULY 20, 2021 Page 179 of 656 10'; ' • • • -• 1. - Crestview, Florida, United States 108 Booker St, Crestview, FL 32536, USA Lot 30.75492° Long -86.572725° 20/07/21 07:37 AM BUILDING OFFICIAL STR1.I 'TI !RA I DETERMINATION CHAPTER 38-55 IMPROVED PROPERTY STANDARDS 5/18/2021 124 S Booker St DATE (a) FOUNDATION (t) WOOD SUPPORTS (c) METAL SUPPORTS D (d) SKIRTING 0 (e) EXTERIOR WALLS O (t) WINDOWS D (S) SHUTTERS . (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS (a, Q) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS yR (I) PORCHES AND BALCONES ACORESSLOCA11CNCOACIATICN (m) STAIRS n) ROOFS D (o) GUTTERS AND DOWNSPOUTS D (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS O (q) OVERHANG EXTENSIONS D (r) INSECT SCREENS O (s) ACHY STRUCTURES O (t) SWIMMING POOLS ►7 (u)RODENT HARBORAGE . (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: COMMENTS/CORRECTIVE ACTION(S): / ./h+ s 4.v rfcp rre.td re.• 1 v r V 4"►e-7vr-c 4 !er f 5;71 fir` 1• i t n s 1 `k rC 1 o&,' 0 b S erv*ed c pin -cnioN � "Aided .$4 -gar s.. ,J ; r '/ -. ¶.LS' 0,96„7. S `rs td orcitf � II', 5 4; /ecJr tc/ j, wit s,. y% e on evU c476 n, /Ltd 1-1CG // c2c1L Gi r i k and .e) -r1 ;real 117, Cle ck i e 1 £o"ON-Vas. Re j 1 i 4 1 rlo a Jr ('x , e i,�+ �cSSrc1, i" e Jd Aiovi ) j;rte ' 1irM. &.an1t`: 1 ,1-0e" 2 Cno) 1 `C r t.JcS"' ae 04 r. —ire 4 e le -icc I 4rS *L Fior, h &i id7.5 EXHIBIT a 3 Page 186 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 Date: January 14, 2021 Case #: 21-00000386 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 124 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0150 Legal: CRESTVIEW LOT 15 & S1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 21, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Spedai Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Code Compliance Officer EXHIBIT # 3 Page 187 of 656 VIOLATION DETAIL PAGE 1 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall•be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics,, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : 3 Page 188 of 656 VIOLATION DETAIL PAGE 2 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. Page 189 of 656 ru rn U.S. Postal Service CERTIFIED MAIL RECEIPT FFI iAL USE _I wwµRrd, i fl ....Ito** F*****6$4** a ,•!-•r-r--- p r- fU tr 61,4 Complete items 1, 8, and a - Print your name and address on the femme so that we can return the card to you. lv Attach this card to the back of the maliplece, or on the front If space permits. 1. Mole Addressed --- t-VE- 1 V itt ticthmetill Qkescv I sou Tt 321%0 111111111111111111111111111 9590 9402 5898 0049 5039 08 D. le • - side= different tam Item 1? ft VEB. snter delivery address below. 0 No Service 1Sope ffionefure Elf mono meizree AdtAat,}uAeeReeolundMem O eMeeMeeRooted 0CalledMel ReebeedDelw Rolm 0 wnReceipt far Delivery elseeendlis 2. Amok, Number (Persist two service label} 00 (Meet en Wray Resekeed Daher,' 0 n O leased Mall 0 Sputum Conlmidion ?019 2970 QQQQ 9142 1266 dy P5 Firm 3811, July 2016 PSIV 7630.02-00046065 Domeetlo Return Receipt Page 190 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: January 21, 2021 Case #: 21-00000386 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 124 S BOOKER ST Tax Identification Number 17-3N-23-2490-0076-0150 Legal: CRESTVIEW LOT 15 & SI/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 28, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and S500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations conthiae to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, rradila A robin Chi of Cresly t Code Conedimice Officer 85f -3Q6-36'59 (office) 850-612-5872 (con) EXHIBIT # Page 191 of 656 VIOLATION DETAIL PAGE 1 •CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials'or substances, such as poisons, acids,. caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will Handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feetin length. (6) Refuse created by any private contractor as described in "sections 70-35 and 70-36. (7) Animal waste, dead animals- or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be theresponsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : 3 Page 192 of 656 VIOLATION DETAIL PAGE 2 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. EXHIBIT # 3 Page 193 of 656 U.S. Postal Service CERTIFIED MAIL RECEIPT For delivers, .nfornnat on visit 0m, OFFICIAL m1- ea o N ChnIpbte Items 1.2. end 3. P.W Yew r nente end address en the reverse so that we can return the tend to you. Attach this Card to the back Ol the maflpfeoe, or on the trout d space pemilta. 1. ArVcle Addntssed to: Lee-Hti a5-rvh 660 , 32. 11111 I�BI�IpIIhIIIIIII1I111 9590 9402 5898 0049 4825 48 WS - 111 ^. � d per"'!rayrer.le, y ., O tevq, 4423=110 --- MIN 0 Agent 0 Addressee C. • et a of Delivery e •? D. bdellywyadages efferent tom Item 1? 0 14s DYES, enter *hey y address below: 0 No SV011upo 0 C rtn d MM RUpkoMd Dam, 2 Abele Number Minster from srnrwr. reh.. • C Newry an 14101 _ Moly 7018 3090 0001 4427 6134 PS Form 3811, July2015 PSN 7bs0-02-OOo.00ts3 819.teruel Mario 0 =id MIe gwbkted oPawn rdorp1 ter 0014 �w v Domaso Return Receipt l Page 194 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 683-0896 Date: March 9, 2021 Case #: 21-00000386 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear LEE HAYVARD, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Viohtion:124 S BOOKER ST Tax Identification Number 17-3N-23-2490-0076-0150 Legal: CRESTVIEW LOT 15 & S1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 16, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Spedal Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and $500.00per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview hi cases where violations continue to exist. ff you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestvhew.org EXHIBr Page 195 of 656 VIOLATION DETAIL PAGE 1 .CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 196 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. Page 197 of 656 m m M1 U.S. Postal Service'' CERTIFIED MAIL' RECEIPT Durnest,e A4.a,1 Onry 7' iv(••y hit! VJehsit e at wtvtytisp5. con> n-1 Apo ki/n iy m ru a nj M1 66 ilk, aS tl.Srw, .]?@C8 to!: RICOWIIIOAC.:73) • i ,i elwdlA�gtte,4t _' ::ham, $ _....:..;:tultStattaturafiet,:,:::: g 7 eirstvn tu+r .a wta _ y71,1211- 0 64 rnt:r..I Pr- See . (: .. Complete Items 1, 2, and 3. Print your name and addisee on the reverse so that we can reform the card to you. Attach this card to the back at the rr llpiece, _ or on the front if apace pis. 1. Article Addressed to:. ki,(Vf L ip1 L.� ST- -L1 1` L3,25?. 1111111111111111111111111111111 9590 9402 5896 0049 5113 30 2. Article Number Mem/esWWI, ,va. a, — _ 7020 129U 0001 2346 Ps Form 3811, Jury 2015 a$N 7530-02-0004 05s VW -9 A. X €c C o Agent B. ReceNyd by ranted Name) la Deis cri Addressee 3 D. Is *Ivry addmee Mitred from Item 1? © Yes ,— If. YES, enter dellverjr address below ❑ t o Service Type signature SiOnasee {] Colleen AC MTtnd BrN+ary ❑ Melia Cerefee M Raasratnd DrnNev ❑ Caged on Delvery Defow _. ,y :onberm.r. 7538 Rosbirred Newry Nt peer 300y > Mell Expresses M11•0151wed Mow d Return mow. Per orehireft,6 Domestic Return Recalpt EXHIBIT # Page 198 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0898 Date: June 8, 2021 Case #: 21-10000386 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 325364719 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 124 S BOOKER ST Tax Identification Number: 17-3N-232490-0076-0150 Legal: CRESTVIEW LOT 15 & S1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 22, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcoblaf@dtyofcrestview.org EXHIBIT # Page 199 of 656 VIOLATION DETAIL PAGE 1 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 1/14/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive mate??ials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to. whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : EXHI' 3 Page 200 of 656 VIOLATION DETAIL PAGE 2 ,CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 18 (d) QUANTITY: 1 DESCRIPTION: DEMOLITION OF STRUCTURE DATE: 5/18/21 LOCAT/ON: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. 38.70 - UNSIGHTLY CONDITIONS. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an Page 201 of 656 VIOLATION DETAIL PAGE 3 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST ORDINANCE DESCRIPTION : adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by obtaining a demolition building permit and removing the structure. Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. For further information, please contact the Permitting Division @ 850-689-1618 ext 254 or 261. VIOLATION: CH 38 SEC 65 FOUNDATION QUANTITY: 1 DESCRIPTION: FOUNDATION DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (a) Foundation: The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Correct the building foundation system so that it's capable of supporting the load for which it was designed. VIOLATION: CH 38 SEC 18 (f) QUANTITY: 1 DESCRIPTION: OBNOXIOUS ODORS -CONDITIONS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : CONTINUED 3 Page 202 of 656 VIOLATION DETAIL PAGE 4 • 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST ORDINANCE DESCRIPTION : , 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 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. VIOLATION: CH 38 SEC 48 QUANTITY: 1 DESCRIPTION: PROPERTY EXTERIOR DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38-48 - Property exteriors. (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is permitted, caused, allowed or existing in any manner as to be a sanitary nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by conducting the following Page 203 of 656 VIOLATION DETAIL PAGE 5 • 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST CORRECTIVE ACTION REQUIRED : action. 1.•Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18 (b) 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. VIOLATION: CH 38 SEC 70 QUANTITY: 1 DESCRIPTION: UNSIGHTLY CONDITIONS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Page 204 of 656 VIOLATION DETAIL PAGE 6 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST ORDINANCE DESCRIPTION : 38.70 - Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. CODE (c) Building exteriors in 4 condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (d) Garbage and trash containers stored in a manner visible from the street. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal coat for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. (f) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code shall apply. CORRECTIVE ACTION REQUIRED : VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not Page 205 of 656 VIOLATION DETAIL PAGE 7 • 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST ORDINANCE DESCRIPTION : including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38:64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to -correct a violation as described below, a. building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Replace the wood or metal supports that are rusty or rotten. VIOLATION: APPLIANCES; ABANDONEMENT QUANTITY: 1 DESCRIPTION: ADANDONED DISCARDED APPLIANCES DATE: 6/04/21 LOCATION: ORDINANCE DESCRIPTION : 823.07 Iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or airtight units; abandonment, discard. It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his or her control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of 11/2 cubic feet or more from which the door has not"been removed. CORRECTIVE ACTION REQUIRED : You may correct this violation by immediatley removing the doors from the appliance. Once the doors have been removed you may contact Waste Pro 0 850-689-8600 for pick up. EXHIBIT 3 Page 206 of 656 VIOLATION DETAIL PAGE 8 'CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 6/04/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 70 QUANTITY: 1 DESCRIPTION: UNSIGHTLY CONDITIONS DATE: 6/04/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but'not including that area which is paved as roadway consistent with the standards set forth. 38.70 - Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are 3 Page 207 of 656 VIOLATION DETAIL PAGE 9 CASE NUMBER 21-00000386 PROPERTY ADDRESS 124 S BOOKER ST ORDINANCE DESCRIPTION : prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. CODE (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (d) Garbage and trash containers stored in a manner visible from the street. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted usl, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. (f) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code shall apply. CORRECTIVE ACTION REQUIRED : Page 208 of 656 U.S. Postal Service CERTIFIED MAIL' RECEIPT cion eshC Mar, Orrry T-• deliver ni,. visit our wehsrt,• :rte• ,i.cp5..:o,rr SENDER: CO.MPLErC THrs SECrrOtJ • Complete items 1. 2, and a Print your name and add► ss on the reverse eo that we can return the cant to you. t Attach this card to the back of the melfplece, or on the front If space permits. 1. Article Addressed to: Elk 21e 014A %eti. d r. !253G 11111111111111111111 4.48:ivicaatz: Adult/Signature Delleery 9590 9402 5522 9249 9956 03 a Gereeedtteee o c MSS! Mg Restricted Daltrey 2 Attic% hhrmbar (rrnrasfur from service lebsij Q cowl on Delivery Restrsend pnrytypy ❑ mreuroxi Mon 7020 1290 0001 51,82 2229 LPlR 6 PS Form 3811, Jury 2015 PSN 7530.02-000-9053 DAffent Addressee C.Date of Delivery D. Its Is enter delver/ address bePetty/pry address Menet fop low m' No a� CI Pitney Mal Emma ie,ad taeu d DRecestered taint +R+e utnyrteoappttor i 5rn:hr t -ii e CSa�r, Canrm::rti�:,. 0 SJ o tw C.-i fp'rheu:,n u• D6leen Domestic Asked Receipt 3 Page 209 of 656 CITY OF CRESTVIEW --° - COMIVIUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION . 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: 6/11/2021 Lee Hayvard 879 McDonald Str Crestview, FL 32536 RE: CASE# 21-386 Dear Property Owner. You are hereby formally notified that on July 20, 2021, 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 124 BOOKER ST, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0076.0150 LEGAL DESCRIPTION: CRESTVIEW LOT 15 & S1/2 OF LOT 14BLK76 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 fines 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). End: Notice of Violation EXHIBIT # 3 Page 210 of 656 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. 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, Florina Alco City of Crestview Code Compliance Officer 850-306-3699 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org Aim S3A AOpadb Sensed 2021 3 Page 211 of 656 nu m m ri , r3 fri off MO kip — -� �� U.S. Postal Service" CERTIFIED MAI' RECEIPT Domes M,irl ❑nrr Far delivMy Infermetian. yi5tl our op76iie at *wry, - mo .�tti t7 ., cre.d eke tom _ t 14/.2 I. r e2 i�- (40 31.101 72021 k a a i rATFesit m a is rrj Q M1 ENDER': CO,: PLETC Thil: SE�:I7iJ. Complete (terns 1, 2, and 3. Prktt your name and address on the reverse so that we can re an the card to you. - Attach fhla card to the tack of the mailpleca, j j or on the front'? apace pewee. 1. Article Addressed its T j , Vta g *\t too, A U cfxs-cv t vv, vie olmon 9590 9402 5522 9249 9970 27 ' 2. AnkleNumber Mans&from service kbeD 7020 3160 0001 0731 1332 PS Form 3811, July 2015P8N7530-02-000.9053 —D. is delesyeddnms Mew km es If YES, d yaddnes below �? N a No S. Service Ape D Adak tairsitas EagnalureRasidzied Darway ad Mee Co 1vWIRa�ObdGeNeY Dairy a CollectenMalay ReetrbtedDefter/ n bus radii." Reetttdsdtlethtiy o fote =red Mal Resumed a andle Fisodptlbr 0Spann co m a Reallotad Y DomeeHc Return Receipt EXHIBIT # 3 Page 212 of 656 /STATEMENT OF VIOLATION CASE 21- 386 124 S BOOKER Code of Ordinance Violated: Chapter 38 Section 70 (A -F)- Unsightly Conditions A) Structures that are: 1) Partially destroyed; or 2) Left in a .state of disrepair; B) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. C) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. D) Garbage and trash containers stored in a manner visible from the street E) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval in the amount defined below. 1) Total demolition: the amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or 2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of ay partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. F) Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code Shall apply. Corrective Action Required: Obtain a building permit and demolish the structure. Remove the abandoned or broken equipment, and household appliances from the property. Code of Ordinance Violated: Chapter 70 Section 70-27 (1) (2) (3) (4) (5) (7)- Refuse not acceptable for collection. 1) Materials which have not been prepared for collection in accordance with this article. 2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. 3) Materials approved by the FDER that are commonly referred to as "C & D waste". 4) Solid wastes resulting from industrial processes. 5) Tree stumps, trunks, and limbs larger than four inches in diameter or six feet in length. 7) Animal waste, dead animals or tires. Corrective Action Required: Remove all hazardous materials, construction waste, bricks, tree debris and tires from the property. EXHIBIT 3 Page 213 of 656 STATEMENT OF VIOLATION CASE 21- 386 124 S BOOKER Code of Ordinance Violated: Chapter 38 Section 18 A � ) (B) (D) (F) -Nuisance Conditions A) Failure to maintain property, in accordance with the standards set forth in this section or Code in general. B) Accumulation of open storage of trash, debris trees, dead or decayed animal matter, fruit, vex garbage, Lebottles, paper, cans, rags, dead plants, or products, buckets, containers, g � tools, equipment, lawn and garden appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. D) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. F) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or causes which give rise to the emission or generation of such odors and stenches. other Corrective Action Required: Remove all trash, debris property. Remove the debris causing the odors in and aroi�mdpment, appliances and bricks from the demolish the structure, property. Obtain a building permit and Code of Ordinance Violated: Chapter 38 Section 38-19 — Duty of Property, Owner It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. Corrective Action Required: Remove the trash, debris and overgrown vegetation from the right-of- way and easement. Code of Ordinance Violated: Chapter 38 Section 48 (A) (B) — Property Exteriors A) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator keep that part of the exterior property subject to its control or occupancy shally condition. a clean and sanitary B) No owner, operator or tenant shall maintain premises, private or open to the public, upon which litter permitted, allowed or existing in any manner as to be a sanitary nuisance. Corrective Action Required: Remove all trash, litter, construction material, solid waste, appliances, machinery; and equipment from the property. 3 Page 214 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, Inst. #3483007 Bk 3569 Pg: 998 Page 1 of 4 Recorded: 824/2021 10:35 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK I9vy JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA vs. CASE# 21-386 Hayvard Lee 879 McDonald St Crestview, FL 32536 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 20, 2021. 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, Hayvard Lee whose last known mailing address is 879 McDonald Street, Crestview, FL 32536, is the owner of the property located at, 124 Booker Street South, Crestview, FL 32536, AKA PIN#17-3N-23-2490-0076-0150, and more particularly described as: CRESTVIEW LOT 15 & S1/2 OF LOT 14 BLK 76 2. The conditions on the property consist of several abandoned appliances, a stack of tires, trash solid waste, and an unsafe structure. The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance Conditions — Section 18 (a, b, d, f), Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Page 215 of 656 Maintenance and Housing Standards Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services Section 27 (1,2,3,4,5,7), of the City of Crestview's Code of Ordinances and requested correction of the violation by August 21, 2021. Re inspection of the property on July 20,2021, 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 — Nuisance Conditions — Section 18 (a, b, d, f), Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Maintenance and Housing Standards - Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services - Section 27 (1,2,3,4,5,7), 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: Page 216 of 656 8. On or before August 21, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before August 21, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a demolition permit and demolish the structure and removing all demolition debris. b. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, abandoned appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. 10. If the violation(s) are not corrected by August 21, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 20th day of July 2021. 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 Page 217 of 656 162.09. Name and address of lien holder: City of Crestview, 198 North Wilson Street, Crestview, Florida 32536. Page 218 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Hayvard Lee 879 McDonaLj. St Crestview, FL 32536 Respondents. Inst. #3593615 Bk 4159 Pg: 832 Page 1 of 4 Recorded: 12/1/202211:52 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-386 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on July 20, 2021. 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, Hayvard Lee whose last known mailing address is 879 McDonald Street, Crestview, FL 32536, is the owner of the property located at, 124 Booker Street South, Crestview, FL 32536, AKA PIN#17-3N-23-2490-0076-0150, and more particularly described as: CRESTVIEW LOT 15 & S1/2 OF LOT 14 BLK 76 2. The conditions on the property consist of several abandoned appliances, a stack of tires, trash solid waste, and an unsafe structure. The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance Conditions — Section 18 (a, b, d, 0, Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Page 219 of 656 Maintenance and Housing Standards Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services Section 27 (1,2,3,4,5,7), of the City of Crestview's Code of Ordinances and requested correction of the violation by August 21, 2021. Re inspection of the property on July 20,2021, 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 — Nuisance Conditions — Section 18 (a, b, d, f), Chapter 38 Property Maintenance and Housing Standards - Property Exteriors - Section 48 (a, b), Chapter 38 Property Maintenance and Housing Standards - Section 70 - Unsightly Conditions Section (a -f) and Chapter 70 Solid Waste and Recycling Services - Section 27 (1,2,3,4,5,7), 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: Page 220 of 656 8. On or before August 21, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before August 21, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a demolition permit and demolish the structure and removing all demolition debris. b. Remove the trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, abandoned appliances, machinery, equipment, and any furniture, specifically not designed for outdoor use. 10. If the violation(s) are not corrected by August 21, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 20th day of July 2021. CERTIFIED A TRUE AND ?"1,-��.� CORRECT CQP s,4., Special Magistrate City of Crestview, Florida BY.. j DATE: 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 Page 221 of 656 162.09. Name and address of lien holder: City of Crestview, 198 North Wilson Street, Crestview, Florida 32536. Page 222 of 656 Aug 29, 2023 at 2:31:27 P 132 S Booker St Crestview FL 32536 Case # 21-386 124 S Booker Aug 29, 2023 at 2:32:49 PM-_ 102 S Booker St Crestview FL 32536 'Aug 29, 2023 at 2:34:46 PMY 115 Lincoln St S Crestview FL 32536 Page 224 of 656 Case # 23-104 215 W Cobb Owner of Record: Rodney L EL 596 McDonald St Origination Date: 11/17/2022 Origination Code: Proactive Violations: Chapter 38 Section 18 (b) — Trash and debris, Chapter 38 Section 65 (w) — Fences and walls Corrective Action Required: a.) Remove 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature from the property. b.) Obtain a building permit to repair or replace the fence or remove it from the property. Notice Sent: 11/17/2022 Signed: 11/23/2022 Compliance Date: 12/12/2022 Inspected: 12/14/2022 Results: In Violation Public Hearing Notice Sent: 12/14/2022 Signed: 12/16/2022 Hearing Date: 1/17/2023 Property remains in violation. Order Recorded: 1/30/2023 Hearing fee: $250 Due by 2/17/2023 Daily fine: $250 Start: 2/17/2023 Fines: $47,000 as of August 23, 2023 (not including interest) Property Value: $38,689 Related Properties: 215 W Cobb 17-3N-23-2490-0130-0040 Rodney L El Case # 22-50 Hearing Date: February 15, 2022 Fines: $1,000 Violations: Graffiti, Trash and debris, Unpermitted camps/tents, unsecured vacant structure. Page 225 of 656 Case # 23-104 215 W Cobb January 17, 2023 Exhibit 11 Page 226 of 656 215 W Cobb Ave Crestview FL 32536 anuary 17, 2023 09:31 AM, Case # 23-104 215 W Cobb 215 W Cobb Ave - Crestview FL 32536 November 17, 2022 01:36PM 215 W Cobb Ave Crestview FL 32536 November 17, 2022 01:38PM' • . .I EXHIBIT # L 1 Page 228 of 656 Case # 23-104 215 W Cobb 149-199 N Wilson St Crestview FL 32536 January 05, 2023 02:31 PM 12/14/2022 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION sox StilhwlBtvd Crestview, FL 32539 (860) 68,9.4896 n i i77CE OF PUBLIC HEARING Rodney 1. F.1 596 McDonald Street Crestview, FL 37536 RF. CASEN231W Den ?TOW), Owner. You a rs hereby 6 n.!IY notified " .1 rat Sanitary 17, ii23. at San P.M. there will be a Public Hariaa at city Hal lo*rod at iA€ Wibott Street Worth. C;esn7ew. Amide 32536 in tie Cutest it Cbaaibrs. This meeting h being held concern g violatiaw a 3. , atinun la Carat w ■ parcel of lanper dona ty b to boom" at 213 a' Cobb A esoe W i e r' = rim.1'7. 32136 0204 na liedaly described its: i"1wiF 17 3 234490.01304,an t. -.t.AL OISCRIPTPONI CRESTVIL'W LOT4 W.k 130 you .1.� spooigmeglereas ly the power to 1^vy •, fld eP to 5250 per dray ',Smartest vidattua, Ned ep to day for a tuna n vsoiation. if the Spend Maprtnte i �S ttte valatioe be &av0arable a 5500 pen nrte�• a 1Ue-not to wised S5-00000 t•er`iotaes.o aeay be impoaod, rcvss�t°'a av+otwa4ortbwayinamar Ntev'alatinn.ariasasmote thrust totiepublicha lfirp(etyr i;]arF a if lb. vkilftion la �, eV+m tnrver, a:empwit the BMW.,u.psneto 4;1i; 01115, ,etl tads vsnt� av+r CIO a ail teaeoaeble repain+evahed to kin tie ptoptsry f to xi*e local to`'p' a m web Lbw twaomsbie sort of the"awnSiang atib tbs st.�s.'le 're, Esc imp0aod, ttoe esti.Is0.14Wtlts auas t.ti.+:.n...:renaMev.gtwe. u shah be tatltlad bt'•wwrafl p� ,e.+std to }a ie.e G K t+re>rt ft.q ti..NIA n:.. alum ems ouch agta racy bo ipe]a w i4 tree oes.ourrs dQ FS 167 pi i i 0,2 1 Caen W V . HAI feu..e.rtrcr�s n,n, certr .+:i be rooeAadbtBa Oryu, e�1 dr..r.ea .tw �•++a+T• • e... •. 0;11110 [ia ,< „ On QlWooaa .' r.t arse ed v T •1 pr.i�rt owsa t 11.7 al. . violaW . •virab ti te violetica end EXHIBIT # Page 231 of 656 Deborah Lawson From: Ronnie Raybon Sent: Tuesday, November 15, 2022 2:56 PM To: Deborah Lawson; Permitting Cc: Joshua Grace Subject: RE: W Cobb It doesn't look to me like the fence was ever completed so I wouldn't be in favor of closing out the permit. I attached the options below. I was thinking maybe we could use option 3 or 4 however since the fence was never completed it doesn't meet the qulaifications. 1 Ua.iMUwuvUUal vNawno w. ....,sing a permit. Pursuant to Section 553.79(1+5), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on Me application for the building permit, may close a building permitby complying with the following'tequirements: i.The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit.,If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.The property owner may assume the role of an ownerbuilder, in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. 3M a building permit is expired and its requirements have been substantially completed, as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4.A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. For purposes of this section, the term "close" means that the requirements of the permit have been satisfied. Ronnie Raybon City of Crestview Community Development Services Building Official 850-689-1618 Ext229 rr nnieraybon©cityofcrestviewarg ONE CITY From: Deborah Lawson <lawsond@cityofcrestview.org> ONE Sent: Tuesday, November 15, 2022 2:26 PM M1SSK JN To: Ronnie Raybon <ronnieraybon@cityofcrestview.org>; Permitting 1 EXHIBIT Page 232 of 656 <pe rm its@ cityofc restview.o rg> Cc: Joshua Grace <gracej@crestviewpd.org> Subject: RE: W Cobb That's good information to have. Will you guys be able to close out that permit, so it reflects that information in H5? Also, Ronnie, could you please conduct an inspection to verify that the fence is in compliance? Thank you! ONE CITY - ONE MISSION Deborah Lawson Code Compliance Officer City of Crestview 850.3063702 office 850.612.9714 cell From: Ronnie Raybon <ronnieraybon@cityofcrestview.org> Sent: Tuesday, November 15, 2022 2:21 PM To: Deborah Lawson < awsond ry citvofcrestview.orL >; Permitting <oermitsttcitvofcrestview.or > Cc: Joshua Grace <gracei@crestviewpd.org> Subject: RE: W Cobb There are new allowances granted in the Florida Building Code and in Florida Statutes that allow permits to be closed out after 6 years by a jurisdiction. Given the age of the permit I don't think there would be anything that needed to be addressed about the expired permit. What kind of info are you looking for regarding an 8' fence? That is max allowable height in the city, and it can't be located within any front setback areas or vision triangles, etc. Same requirements as a 6' fence would be. We don't see a lot of 8' fences. Ronnie Raybon City of Crestview Community Development Services Building Official 850-689-1618 Ext229 ronnieraybonf cityofcrestview.org From: Deborah Lawson <lawsond@cityofcrestview.org> Sent: Tuesday, November 15, 2022 1:15 PM To: Ronnie Raybon <ronnieraybon@ cityofcrestview.org>; Permitting <permits@citvofcrestview.org> Cc: Joshua Grace < aceiPcrestviewpd.org> Subject: W Cobb ONE ipt CITY ONE MISSION am working on addressing the fence that has been added at 215 W Cobb. There is an expired permit for an 8ft fence, permit 15-800. Can I please get a little bit of information regarding 8 ft fences? How should we address the expired permit issue as well? Thank you, EXHIBIT # _11 2 Page 233 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 21, 2022 Case #: 23-00000104 RODNEY L EL 596 MCDONALD ST CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 215 W COBB AVE Tax Identification Number: 17-3N-23-2490-0130-0040 Legal: CRESTVIEW LOT 4 BLK 130, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 12, 2022, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. i t el Ct e •omi'iliance't aft 11 Page 234 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 23-00000104 PROPERTY ADDRESS 215 W COBB AVE VIOLATION: CH 38 SEC 65 FENCES -WALLS QUANTITY: 1 DESCRIPTION: FENCES & WALLS DATE: 11/17/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (w)Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a permit to repair, or replace the fence, or wall. VIOLATION: CH 6 DEVELOPMENT STANDARD QUANTITY: 1 DESCRIPTION: RV'S CAMPER'S CAMP TRAILERS DATE: 11/17/22 LOCATION: ORDINANCE DESCRIPTION : CHAPTER 6 DEVELOPMENT STANDARDS 6.01.02 - RESIDENTIAL DESIGN STANDARDS 4N -Recreational Vehicles, Campers, Camp Trailers, or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the RV, Camper, Camp Trailer, or Mobile Dwelling Vehicle from the property. VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 11/17/22 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or EXHIBIT # , Page 235 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 23-00000104 PROPERTY ADDRESS 215 W COBB AVE ORDINANCE DESCRIPTION : decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. EXHIBIT # l\ Page 236 of 656 LISPS Tracking® FAQs > Remove X Tracking Number: 701911200001 96045752 Copy Add to Informed Delivery (httpsJ/informeddellvery.usps.com/) Latest Update Your item was delivered to an individual at the address at 2:10 pm on November 23, 2022 in CRESTVIEW, FL 32536. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual CRESTVIEW, FL 32536 November 23, 2022, 2:10 pm See All Tracking History Text & Email Updates ru M N u1 U.S. Postal Service`" CERTIFIED MAIL® RECEIPT Domestic mail Only -n CD CD Cr 0 For delivery information. visit of • website at Ivww.usps.corn' OFFIC'A_ EXHIBIT # J. eo SAO a l6iWt . u Page 237 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION 201 Stillwell Blvd Crestview, FL 32539 (850) 683-0896 NOTICE OF PUBLIC HEARING 12/14/2022 Rodney L El 596 McDonald Street Crestview, FL 32536 RE: CASE# 23-104 Dear Property Owner: You are hereby formally notified that on January 17, 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 215 W Cobb Avenue W, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0130-0040 LEGAL DESCRIPTION: CRESTVIEW LOT 4 BLK 130 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. Encl: Notice of Violation EXHIBIT # Page 238 of 656 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, 1 5 I Deborali Lawson Code Compliance Officer City of Crestview 850.306.3702/850.612.9714 Form 53A Append'n 8 Rerbed 2821 cXHI81T # I, Page 239 of 656 Case # 23-104 215 W Cobb Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (b) 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective Action Required: Remove the 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Code of Ordinance Violated: Chapter 38 Section 65 (w) Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. Corrective Action Required: Obtain a building permit to repair or replace the fence or remove it from the property. GxHIBIT #,_LL. Page 240 of 656 9604 6124 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. viii[ our webstle al www.usps.com f'F- F- C: ,_ of J_ . :.W. r....,— u+ --r ru N 1-S2 P-1 ctitk 141c4.)0VItib 87" -k J 3 AL USE Mee III Complete items 1, Z and 3. ■ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maiipiece, or on the front if space permits. 4,17fArr to: 91, MID ratitialei efievi wt ft. 2haLQ 111111111IIIIIIIIIII IIIIIIIIIII 111JII 1111!1111 9590 9402 6685 1 060 6859 73 2. Arbole Numh r /rianslar hnm �vlr� 1,2441 7019 .120 ❑001 9604 6124 PS l: or+vr 3811 July 2020 PSN 7530-02-000-9053 or, S1gniaor) , r d' ❑ Agent _ tr.' Z' 0 Addressee B. R�r si.,, .i t f� n of ,. � C. Date of Delivery D. Is delivery address different from its f 1? ❑ Yes H YES, enter delivery address below: 0 No 3. Service Type 0 Priority Maladies', 0 &Mt Signdae 0 Registered Mel"' 0 Adult Signature Restrcted Delivery 0 Registered Mil Restricted 0 Certified Mee* Certified Mell Restricted Delivery 0 SignaliseCoermnelbnTM ❑ Collect on Delve/ 0 Signaiub Confirmation 0 Cdbct on Deevery Restricted Delivery Restricted Delivery !Mall ' Ma Restricted Deem ,I �1 " Domestic Rehm Receipt EXHIBIT # Page 241 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 23-104 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of '.restview, Florida, that on the 5th clay of January 2023, I personally post Id said Notice of Hearing at: 215 W Cobb, Crestview, Florida, in the County of Okaloosa. A. opy of said notice is attached hereto. Aant's Signature LE IZC2-- Date Before me, the undersigned authority personally appeared, Deborah Lawson, 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 5th day of January 2023. 4)t,,irryG- %WAUGH * * Commission #HH325870 1/4, t Expires November 5, 2026 Form 54 NOTARY PUBLIC CAI„ 44 �-- MY COMMISSION EXPIRES: / EXHIBIT # l\ Appendix 9 Page 242 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North City of Crestview, Florida, Petitioner, Vs. Rodney L El 596 McDonald Street Crestview, FL 32536 Respondents. Crestview, FL 32536 Inst. #3603540 BIc 3660 Pg: 1002 Page 1 of 3 Recorded: 1!30!20231:27 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK 11 CLERK OF COURTS, 0KALOOSACOUNTY FLORIDA CASE# 23-104 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on January 17, 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, Rodney L El, whose last known mailing address is 596 McDonald Street, Crestview, FL, 32536, is the owner of the property located at, 215 W Cobb Avenue, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0130-0040, and more particularly described as: CRESTVIEW LOT 4 BLK 130. 2. The conditions on the property consist of trash, debris, and a non -compliant fence. The violation(s) were first observed on November 17, 2022. A Notice of Violation was mailed by certified mail November 17, 2022, and was received by respondent on November 23, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b), and Sec. 65 (w). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by December 12, 2022. Re inspection of the property on December 14, 2022, confirmed that violation(s) continue to exist on the property. Page 243 of 656 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), and Sec. 65 (w). - 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. On or before February 17, 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 February 17, 2023, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and Page 244 of 656 garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. b. Obtain a building permit to repair or replace the fence or remove it from the property. 10. If the violation(s) are not corrected by February 17, 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 shrill 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 17th day of January 2023. Samuel B. Taylor Special Magistrate DATE: ' 1— 30 —a.0 A. 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. Digitally signed by Samuel B. Taylor Date: 2023.01.29 2203:06-07'00' BY: CERTIFIED A TRUE AND CORRECT pOPY Page 245 of 656 Case # 23-104 215 W Cobb ` "'Aug 29, 2023 at 2:49:24 PM 215WCobb Ave '!' Crestview FL 325.36 ug 29, 2023 at 2:49:37 PM 215 W Cobb Ave Crestview FL 32536 Page 246 of 656 Case # 23-104 215 W Cobb Aug 29, 2023 at 2:49:38 PM 215WCobbAve Crestview FL 32536 Page 247 of 656 Case # 22-161 218 STILLWELL BLVD Owner of Record: Roman Portugal 4493 Wolftrack Ridge Crestview FL 32539 Origination Date: 11/10/21 Origination Code: Citizen Complaint Violations: FL Building Code Section 105.1 Building Permit Required Corrective Action Required: a.) Obtain a building permit for the pool and fence, or remove them from the property. Notice Sent: 11/18/21 Signed: 11/26/21 Compliance Date: 11/29/21 Inspected: 11/30/21 Results: In Violation Notice Sent: 12/1/21 Signed: NA Compliance Date: 12/15/21 '- Inspected: 12/20/21 Results: In Violation Public Hearing Notice Sent: 01/12/22 Signed:01/21/22 Hearing Date: 02/15/22 Property remains in violation. Order Recorded: 02/18/22 Re-recorded with wet stamp 12/01/22 Hearing fee: $250 Due by 03/14/22 Daily fine: $250 Start: 03/14/22 Fines: $132,500 as of August 25, 2023 (not including interest) Property Value: $50,817 Related Properties: 293 Patton St 08-3N-23-0742-0003-0010 Roman Portugal Case# 21-1131 In Violation Hearing: 02/15/22 Page 248 of 656 Case # 22-161 218 STILLWELL BLVD 298 Stillwell Blvd 08-3N-23-0742-0003-0050 Roman M Portugal Case# 22-819 In Violation Hearing: 07/19/22 .5 Page 249 of 656 22-161 218 Stillwell Blvd February 15, 2022 Exhibit 5 Page 250 of 656 aII hi 14 : ,.`:�f l UI. 4111 / 'fl''" ' t;' . . ,, I! 1 1! Case # 42-161 218 Stillwell Boulevard EXHIBIT # 5 r -- .- yam- February 03, 2022 10.56AM 218 Stillwell Blvd Crestview FL 32539 Page 253 of 656 Case # z2-161 218 Stillwell Boulevard February 03, 2022 12:34PM 198 N Wilson St Crestview FL 32536 February 03, 2022 10:56AM 218 Stillwell Blvd Crestview FL 32539 • � . 1 • r • • afant l4?i.wa Afros* trowels th L7'r.fvN.r, PL-.>wavio6 comp) 903-..s9a iw s rc r OP PUISIJC IllC.4JL GATE. 01 •t2/1027 Rselart Pummel 4493 Wow s•,* F dan Cyarvw. Pe. 12519 tgE. CA%t. 25-J91 Der Aware" Oerl.m Yoe ran bstMrr huwrfly wne{fied that tie V.Irrrry 15` 2921. •I 31!11 P.M..thre w i l I be s Public Aare at Cyr"' HAIL 20..1..1 r 199 Whim Swim Norte,. C*rtvww. Fh,M5 32536 In dseCaeeell Chambers. This rm•wnaa a !..1111 bald oornr.dgp riairmious 6 am emHnue mo mist on a peed of property bunging b you loomed . 319 r/Mdbeell 1F.wrmed. Crestview. Ir1. 221.114 seem partltelael y dacw-4bo3 au Mu, 0R-3141-23-0747-0007't43O LigGA.L Dlt5.ITIIVlrr HDN EY 2HD ADD LOT 2 HLX 3 Ter 5p .i sdr®rar. toms Om gum.. re levy Owe up Ie 2250 per ley dor a fine violrfoe, and up m 9500 pr day Ube • eti{wrr violenen tf the Specm.l Maaiaewr frisk 00 witingioe b be lrrepar bier ter frewroratbia 1n 991ttre, a Ana. out m emend 35.0172 pr violation. may be imposed ET. vials rote. or the mad ltim oraarra Yee virdi eU•ei, femrtar ■ oedema dams[ le Shap1b11c !smith, MAO. and w'alpra, Iw if die - icdtedun i. ✓zrmardste or invr•rrible m -ec. der 5p• isi Maai.a--seer will eodf m. lutist dormineir body, which may make all rm•••inl 15 repair. 1.qt u d to bring the petpety into ratstpifr•ca, er d chrau the ..rae.lor •with the raeanmrbl. mot of the repero along with the Thee Unposed If IMa C•ty qu.'yl t. 1r prrw•e•dtmg a ewe bears tha spoda1 r tajiemale, 11 .Ur111 e whiled to recoror °�• leevred m lwo4ewehye eras tuna before do Eperilel M.aatreta end scab MOM stay be included is the dram atdwieed weirs PR 162.04(17- •nr smti r !•a„r. EXHIBIT # ./ Page 254 of 656 •February 15, 2022 09:06AM 218 Stillwell Blvd Crestview FL 32539 'Shcere!y, / e ,rah Lawson Code Compliance Officer 840.306.3702/850.612.9714 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 18, 2021 Case #: 22-00000161 ROMAN PORTUGAL 4493 WOLFTRACK RIDGE CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 218 STILLWELL BLVD Tax Identification Number: 08-3N-23-0742-0003-0020 Legal: EDNEY 2ND ADD LOT 2 BLK 3, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 29, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. EXHIBIT #. Page 256 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-000(, _61 PROPERTY ADDRESS 218 STILLWELL BLVD IOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 11/18/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618ext 254 or 261 for further information. EXHIBIT # Page 257 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: December 1, 2021 Case #: 22-00000161 ROMAN PORTUGAL 4493 WOLFTRACK RIDGE CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 218 STILLWELL BLVD Tax Identification Number: 08-3N-23-0742-0003-0020 Legal: EDNEY 2ND ADD LOT 2 BLK 3, , If the violations) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 15, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate bas the authority to impose fines of up to 8250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If ,„ u have any questions concerning this matter, you may call me at (850) 683-0896. S' cenly,: Code Compliance EXHIBIT# 5 Page 258 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-006-161 PROPERTY ADDRESS 218 STILLWELL BLVD JIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 11/18/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618ext 254 or 261 for further information. EXHIBIT # Page 259 of 656 2/10/22, 9:53 AM USPS Tracking® USPS.com® - USPS Tracking®' Its Track Another Package -I- Tracking Number: 70143490000041567120 FAQs > Remove X Your packacie is moving within the USPS network and is on track to be delivere@d to its final destination. It is currently in transit to the next facility. USPS Tracking Plus" Available v In Transit to Next Facility December 7, 2021 Get Updates v Text & Email Updates a rU rI -n to Tracking History 13 USPS Tracking PIusTm Product Information O 0— m U.S. Postal Service° CERTIFIED MAIL® RECEIPT Domestic Mall Only Postage Certified Fee Redm Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees See Less " Postmark - Hens • ?� f EXHIBIT # m 0. a a) 0 Can't find what you're looking for? hops://tools.uses.com/golrrackConfinnAction?tRef=fullpage&tLc=4&text28777=&iLabels=70143490000041567120%2C%2C%2C&tABt=faI ge 260 of 1326 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 01/12/2022 Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 RE: CASE# 22-161 Dear Property Owner: You are hereby formally notified that on February 15, 2022, 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 218 Stillwell Boulevard, Crestview, FL 32539 more particularly described as: PIN# 08-3N-23-0742-0003-0020 LEGAL DESCRIPTION: EDNEY 2ND ADD LOT 2 BLK 3 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). EXHIBIT # 5 End: Notice of Violation Page 261 of 656 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. 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. c7 $4. bosh Lawson Code Compliance Officer 850.305.37021850.612.9714 EXHIBIT # 5 Fora 53A Appedh a Revised 2021 Page 262 of 656 Case h- k2-161 218 Stillwell Blvd Statement of Violation Code of Ordinance Violated: Florida Building Code Chapter 105.1 Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Corrective Action Required: Obtain a building permit for the fence and pool or remove them from the property. EXHIBIT 5 Page 263 of 656 PS Form 3811, duly 2020 asnl U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only ..0 Lf Postage Certified Fee C1 �R _Restricted Delivery Fee (Endorsement Reccersco Total Postage & Fees rte tti 1 --i SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and & • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. — - Antis Addrevd to: OOUE114t. 1-1/4613 t�1 oc ere �i ie 32039 1111111111111111111 11111111111111111111111111 9590 9402 6373 0303 1236 69 Bpi rum •Ft- 326 ') X � !D Agent ,s2 Addressee B.2-wlved by paintedp4mia� C. Date of Delivery D. to delivery address different from Item 1? De If YES, enter delivery address below: D No 2. Article Number (iim sfer from service label) 7014 3490 0.000 4156 7489 3. Service 'Pipe ci f M�averse Adult Bigness � AWN ),YrStonserre Restricted Messy 0 Mel Restricted e trtifted Mee 0 Certified Mat Restricted Meaty 0 Signature Qatbmelicem 0 Ceded on Delivery 0 Signature Collimation on 0 Coiled on Delivery Restricted Delivery Restricted Delivery 0 Insured Mil 0 Insured MN Restricted Whey Domestics Return Receipt _XHIBIT # Page 264 of 656 2/10/22, 9:57 AM USPS Tracking® USPS.com® - USPS Tracking® Its Track Another Package + Tracking Number: 70143490000041567489 FAQs > Remove X Your item was picked up at the post office at 1:13 pm on January 21, 2022 in CRESTVIEW, FL 32539. USPS Tracking Plus" Available v G Delivered, Individual Picked Up at Post Office January 21, 2022 at 1:13 pm CRESTVIEW, FL 32539 Get Updates N./ Text & Email Updates Tracking History USPS Tracking PIusTM Product Information m cD 0- a) n u u v See Less , EXHIBIT # ge 265 of ��6 https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=4&text28777=&tLabels=70143490000041567489%2C%2C%2C&tABt=fa�8� CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-161 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 3rd day of February 2022, I personally posted said Notice of Hearing at: 218 Stillwell Boulevard, Crestview, Florida, in the County of Okaloosa. opyff said iotic i attach hereto. t Y r.' is Signature Z Da Before me, the undersigned authority personally appeared, Deborah Lawson, 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 3rd day of February 2022. (SEAL) ¢Y PV 1 t* B Jordan Davis 4n Notary Public, State of Florida My Commfosion Expires 0906-2029 /+/a..3 14flF Commission Q "INo, oa 985262 MY COMMISSION EXPIRES: NOTARY PUBLIC: ()°.}(Y)7?-) Form 54 Appendix 9 5 Page 266 of 656 Deborah Lawson From: Sent: To: Cc: Subject: Ronnie Raybon Monday, November 15, 2021 7:29 AM Deborah Lawson Senida Oglesby, RE: Fence and Pool questions I would say they both should've been permitted. By definition a "private swimming pool" is any structure located in a residential area intended for swimming OR bathing and contains water over 24" deep including but not limited to inground, above ground, and on ground swimming pools, hot tubs, and nonportable spas. The fence would have to meet the pool barrier requirements and without permits and inspections that has not been verified. Ronnie Raybon City of Crestview Community Development Services Building Official 850-689-1618 Ext229 ronnieraybon©cityofcrestview.org From: Deborah Lawson <lawsond@cityofcrestview.org> Sent: Wednesday, November 10, 2021 3:27 PM To: Ronnie Raybon <ronnieraybon@ cityofcrestview.org> Cc: Senida Oglesby,<senidaoglesby@cityofcrestview.org> Subject: Fence and Pool questions Ronnie, Could you tell me by looking at these photos if a permit would be required for the fence and pool? Thank you, ONE CITY ONE MISSION ONE CITY ONE MISSION Deborah Lawson Code Compliance Officer City of Crestview 850.3063702 office 850.612.9714 cell 1 Page 267 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. CASE# 22-161 Inst. #3527989 Bic 3605 Pg: 1499 Page 1 of 3 Recorded: 2/18/20221244 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERKAPRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539, is the owner of the property located at, 218 Stillwell Boulevard, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0020, and more particularly described as: EDNEY 2ND ADD LOT 2 BLK 3 2. The conditions on the property consist of an unpermitted fence and unpermitted pool. The violation(s) were first observed on November 10, 2021. A Notice of Violation was mailed by certified mail November 18, 2021, and received by respondent on November 26, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required and requested correction of Page 268 of 656 the violation by November 29, 2021. Re inspection of the property on November 30, 2021, 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 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: S. On or before March 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $ 250.00. 9. On or before March 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 269 of 656 a. Obtain the required permits for the fence and pool or remove them from the property. 10. If the violation(s) are not corrected by March 14, 2022, a fine in the amount of $250.00 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 February 2022. Samuel B. Taylor Special Magistrate City of Crestview, Florida Digitally signed by Samuel B. Taylor Date: 2022.02.18 09:48:04 -06 00 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. Page 270 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. Inst. #3593610 Bk: 3653 Pg: 815 Page 1 of 3 Recorded: 12/1/202211:52 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY, FLORIDA CASE# 22-161 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539, is the owner of the property located at, 218 Stillwell Boulevard, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0020, and more particularly described as: EDNEY 2ND ADD LOT 2 BLK 3 2. The conditions on the property consist of an unpermitted fence and unpermitted pool. The violation(s) were first observed on November 10, 2021. A Notice of Violation was mailed by certified mail November 18, 2021, and received by respondent on November 26, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required and requested correction of Page 271 of 656 the violation by November 29, 2021. Re inspection of the property on November 30, 2021, 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 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 March 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of c 250.00. 9. On or before March 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): Page 272 of 656 a. Obtain the required permits for the fence and pool or remove them from the property. 10. If the violation(s) are not corrected by March 14, 2022, a fine in the amount of $250.00 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, thA 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 February 2022. CERTIFIED A TRUE Digitally signed by AND Samuel B. Samuel B. Taylor CORRECT O Y Date: 2022.02.18 09:48.04 Taylor -06'00' BY: 6i VW_ Special pecia Magistrate DATE: tiz — City of Crestview, Florida — zCO- 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. Page 273 of 656 Case # 21-1131 293 PATTON ST Owner of Record: Roman Portugal 1005 Mapoles St. Crestview FL 32536 Origination Date: 06/07/2021 Origination Code: Anonymous Complaint Violations: FL Building Code Section 105.1 Building Permit Required Corrective Action Required: a.) Obtain a building permit for the accessory structure, or remove it from the property. Notice Sent: 06/08/2021 Signed: 06/17/21 Compliance Date: 06/18/21 Inspected: 06/21/21 Results: In Violation Notice Sent: 06/21/21 Signed: 06/24/21 Compliance Date: 07/01/21 Inspected: 07/06/21 Results: In Violation Public Hearing Notice Sent: 10/12/21 Signed:NA Hearing Date: 11/16/2021 Property remains in violation. Order Recorded: 11/18/21 Re-recorded with wet stamp 12/13/22 Hearing fee: $250 Due by 12/17/21 Daily fine: $250 Start: 12/20/21 Fines: $153,500 as of August 25, 2023 (not including interest) Property Value: $92,498 Related Properties: 218 Stillwell Blvd 08-3N-23-0742-0003-0020 Roman Portugal Case# 22-161 In Violation Hearing: 02/15/22 Page 275 of 656 Case # 21-1131 293 PATTON ST 298 Stillwell Blvd 08-3N-23-0742-0003-0050 Roman M Portugal Case# 22-819 In Violation Hearing: 07/19/22 Page 276 of 656 EXHIBIT 5 CASE # 21-1131 293 PATTON TUESDAY, NOVEMBER 16, 2021 Page 277 of 656 October 11, 2021 03:18PM 790 Industrial Dr Crestview FL 32539 United States Case # . -1131 293 Pa, n • 1• November 04. 2021 08:51 AM 293 Patton St Okaloosa County COIVOuxm arnevIiov i wonesrnreorr COMMI 1YlPUANCr TOV110 rr/ ,.m.-narroarra..m.. 13404 3.0..11.1 .mwrn.r1.r ia..a...nassa. REAC.a1.1..3m 3r.1.r.aa..r Y•..1.4isb.oU.M/./a•T... .rMYl1..fMIJL ��l?1W.Mn ▪ M'IY1�.�IYr�1W�Y...11M.'Yr - f'•I•••M� �trzegyY.M•T ...�. f 4 Y..11u•..r Cr..r.. n. le..rb r•� _ fTN 0!•°1.1•1r...••.Y.1. . ....u.•40. Wow 1•r...• & n...M.M.r.a..w.... ....W...M-••..r•".r •+.1•... 1... ✓ err..rrw•_r 0w.••1r•• �.00r ....a �. 1•s• w•..a.Y.w..,.+.+...,..r.' ^r.•iw......r wear,,+'"..'r.+.+....rte uW"�..�..ro r.. 1wrir.wr rooftti Y.ir'6/ :November 04. 202/ 09:52AM 198 N Wilson St Crestview FL 32536 CITY or cRss rvIEw COMPAUPCITV DEVELOPMENT SERVICES DEPART"MP.7rrr C+4 DE COMPI.IA1rce mvisto]rr ATM Wileeme Ber...t Ne.reh Cr•.r++arlrr.w. PL £./26.76 (Safi) 4as-n•rvrs NorrCB OP rrISUC AEEAR17,• i)AT757 tai [/2021 P ram Paree.rl 4407 WO1Mek Rid7. FL !2310 R=s CA$W/ 11.171$ Gr.r rrapa.sy Garner. Yeu 100 Oral.)` On tartly mdtlad Or Oa Pioreah.r I a. 3O,21..1 oar P.L.a are. will U.. rut,av H.l.aar ✓ Cloy Hon. 1 w.,1 r 1011 "Ma.. 01,•••1 !10.11 ororlo . Pb. d. 12336 h 11.. r- =--+1 oaara++. n.1• ...in,* 1.1.+1.41 r..1e sorarna r v{r1.rier• tl..a rry.11....c.. w..11. a./ • parr rre•••P•7'•+a.ral..e b f•• ,..:.r.1. 1 293 rw.r... es.rr. Cr...aYs.... lei..'ima..rw. pub' dew:6.O Pitt. 1.s-7N-13-0TO2 -OLKill -0010 e.RGA.1. es1F.e7.lr17a7.... ArmoPY )3.1D APD LOT 1 sex 1• Tsy Rya i.l 1.eyw..lr hr the t>+i•►. r. N•% a I1rw1 up r. .W q1+ IterwloK an VM rwrr.41. OW ~oar awl Nor i3OO.. d.y k r . raper .3.irttr.. 'row se.r.ru 1r[.F r5- l...+.r.i4T. t1• ----- . ROW, .r/ ae aar1 MOOD p••• WWI 1.M•e1•W 1!. •M1.alon. ac 0.• a...dl.la.t errtn..1....tnl.a;e , arr.. • •r trim1. wx. aura /.Orr a atrim .4f1 •re r.lh. a n1• Irn .4 ..tr al . L. r.r.pa..t�f. a tlr...+.+t a• l.. row, d1• Sera, rogr •r m.+rn.e. Lady. ..+11.1. may /1..1..11 e...ar.Gr. norm mortal w b.teq t•. a+a.'a'r ..r •a•./ilr.R ...r err O.. Actor, rah- err tr.....=• •+^•'• •In r.. 111•.. M..l•r...t rW. t1• w ocr a...11. /.. wai.nr • era *oar Or IN -wombs; nr"d"" M..s. pr ••n' a. +es1.,osf t. r v.1• F...r..a,d 1. Marro o 1•hr t...1• tr.tev at.. a p"•d •1 r ta.•/..'.. �••+..a...a_ rs te3.ePC1)- w �.,,..•=, EXHIBIT # V) Page 280 of 656 November 16, 2021 09:55AM1�, 293 Patton St Crestview FL 3253.9 y ^ l Code Compliance Officer 850.306.3702/850.612.9714 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 8, 2021 Case #: 21-00001131 ROMAN PORTUGAL 4493 WOLFIRACK RIDGE CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 293 PATTON ST Tax Identification Number: 08-3N-23-0742-0003-0010 Legal: EDNEY 2ND ADD LOT 1 BLK 3, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 18, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. 2XHIBIT # Page 282 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be Performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 ;CRIPTION: RECREATIONAL CAMPS/TENTS DATE: 6/08/21 LOCATION: /�, ORDINANCE DESCRIPTION : N OV LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational 'or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of EXHIBIT #Jr" Page 283 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST ORDINANCE DESCRIPTION : natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. EXHIBIT # Page 284 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST ORDINANCE DESCRIPTION : 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. EXHIBIT # 5 Page 285 of 656 $ U.S. Postal Service'" CERTIFIED MAIL` RECEIPT Domestic Mail Only --Wkoi oft ichecit box add Apo n+,dc rsh s Receipt (siectronld S 0Certified Mil Flostrlated°'"""'' s QAd„itelp,Wur• Raauew $ ❑Acluar Rename R, tad Delhiry S .- Poetag 61 11 ✓ Complete Items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. - 1. Article to: 9ityw 1 c�•r • • irt, postmark crs ' i,! Z f z! fi CVC�SL for instructions 4)COi Y:w - 41fg3 Wo�l� �+x� hut, lII�I�II{I aMMIlll111l 9590 9402 5522 9249 9950 30 2. Article Number (rransfer from aervioe label) 7020 3160 0001 0731 1783 PS Form 3811, July 2015 PSN 7530-02-000-8053 B. • Ned by (Printed ) ( C. Date of Delivery O'.s.1.9 A./ a e-1' D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 pAdu t Signature Signature Restricted Delivery Melide Men Restricted Delivery 0 collect on Denver/ 0 collect on Delivery Restricted Delivery Mee Pee d Delivery oPriority Mali Expreesdr 0 Registered Restrkted fl� pt for o Co0 Signature nfirmation'', Restricted Weary Domes* Return Receipt EXHIBIT # 5 Page 286 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 21, 2021 Case #: 21-00001131 ROMAN PORTUGAL 4493 WOLFTRACK RIDGE CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 293 PATTON ST Tax Identification Number: 08-3N-23-0742-0003-0010 Legal: EDNEY 2ND ADD LOT 1 BLK 3, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. ely, awso Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT #_5%. Page 287 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work;to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information.. EXHIBIT # Page 288 of 656 "1"1/1/1"1, 1:14 t -m uor.cum'w- uJrJ 1 racIungrW rWSUIW USPS Tracking® FAQs > Track Another Package + Tracking Number: 70203160000107311349 Remove X Your item was delivered to an individual at the address at 2:24 pm on June 24, 2021 in CRESTVIEW, FL 32539. Ge Delivered, Left with Individual June 24, 2021 at 2:24 pm CRESTVIEW, FL 32539 m U.S. Postai Service'"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.can . mj C911 ed malt Fee ci (check box add 1 1 Rstrm Receipt teiecrronict $ Q ❑Certified MM6 Restricted Delivery $ Cl f OAdtel Signature Required $ LOAdrr" Scorers err Reety at d Wisely $ Postage A �Tbd1 FO t 9e end F... m -n CD CD 0. 0 \ EXHIBIT # 5 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/garTrackConfirmAction?tRef=fullpage&tLc=28dext28777=&tLabels=70203160000107311349%2C 1/2 Page 289 of 656 1 - USPSTRAICWlG# . 1 iii i yin 111 11 11 i Postage Fes Paid iiSPS Permit No. G-10 9590 9402 5522 9249 9969 90 United States • Sender: Please print �1 name, me, address, and ZIP+4° in this box• Postal Service (Aibt• +V o)( 1201. GI ;isro , ft - This Item was delivered on 08/24/2021 at 14:14:00 Return to Tracking Number View SIgrzWru; AddrU,:S Enter up to 35 items separated by commas. Select Search Type: [Quick Search _I Submit _I Product Tracking & Reporting, Alt Rights Reserved Version: 21.3.1.1.1.6 USPS Corporate Accounts Page 1 of 1 Help ICwnsoygTFS eat RIM %£ gr, June 25, 2021 g data on domestic competitive products acking Statement via email. ulations. Users will no longer enter fees for 3 be collected for COD or the insured value EXHIBIT # 5 https://pts-2.usps.gov/pts2-web/tcIntranetTrackingNumResponse/deliverySignatureAndAd... 6/25/2021 Page 290 of 656 :;ITY OF CRESTVIEW COMMUNITY DE VELOPMENT SERVICES DLiARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 10/11/2021 Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 RE: CASE# X11-1131 Dear Property Owner: You are hereby formally notified that on November 16, 2021, 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 ofproperty belonging to you located at 293 Patton Street, Crestview, FL 32539 more particularly described as: PIN# 08-3N-23-0742-0003-0010 LEGAL DESCRIPTION: EDNEY 2ND ADD LOT 1 BLK 3 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). End: Notice of Violation EXHIBIT # 5 Page 291 of 656 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. 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. D orah"Lawsd: Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # 5 Forme 33A Appendis 3 Revbed 2021 Page 292 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall, first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information. EXHIBIT # S Page 293 of 656 uoro.comev - UJYo 1 racKingus) Results USPS Tracking® Track Another Package + Tracking Number: 70092250000365041929 Status Not Available FAQs > Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) OFFICIAL USE Postage Canned Fee (EndorsementReturn Receipt Fee Restricted Delivery Fee (Endorsement Required) eta{ Postage a Feee for? ig questions. EXHIBIT # -n CD cD a) https://tools.uses.com/goarackConfirmAction?(Ref=fullpage&tLc=2&text28777=&(Labels=70092250000365041929%2CMABWalse 1/1 Page 294 of 656 Affiant's Signature C._ FY OF CRESTVIE\ CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1131 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 4th the day of November 2021, I personally posted said Notice of Hearing at: 293 Patton Street, Crestview, Florida, 32539 in the County of Okaloosa. of said . otice 1 ttached hereto. 1(14 \ zl Date Before me, the undersigned authority personally appeared, laho 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 the day of 44/A (SEAL) a sp, Jordan Davis Notary Public, State of Florida , My Commission Expires 09-09-2023 cr mac' Commission No. Go 955262 Form 54 021. NOTARY PUBLIC: 01A-) MY COMMISSION EXPIRES: q 6 Appendix 9 5 Page 295 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, VS. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. 198 Wilson Street North Crestview, FL 32536 Inst. #3506548 Bk 3588 Pg: 476 Page 1 of 3 Recorded: 11/18/2021 10:44 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher JD PEACOCK it CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1131 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was .presented for public hearing before the Special Magistrate on November 16, 2021. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539 , is the owner of the property located at, 293 Patton Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0010, and more particularly described as: EDNEY 2ND ADD LOT 1 BLK 3 The conditions on the property consist of an unpermitted accessory structure. The violation(s) were first observed on June 7, 2021. A Notice of Violation was mailed by certified mail June 21, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required, and requested correction of the violation by June 18, 2021. Re inspection of the property on June 21, 2021, confirmed that violation(s) continue to exist on the property. 2. 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. Page 296 of 656 CONCLUSIONS OF LAW: 3. 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 4. The Respondents were provided a reasonably sufficient time to voluntarily correct the Violations, which they failed to do within the time prescribed. 5. 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, which1 find to be reasonable and appropriate under the circumstances. 6. 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: 7. On or before December 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 8. On or before December 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit for the accessory structure or remove it from the property. 9. If the violation(s) are not corrected by December 17, 2021, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' Page 297 of 656 responsibility to notify the City when the Violations have been corrected so that the Property can be inspected to confirm compliance. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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 16th, Day of November 16, 2021. Samuel B. Digitally signed by Samuel B. Taylor Taylor 021.11.17 16:05:27 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. Page 298 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FZ City of Crestview, Florida, Petitioner, VS. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. Inst. #3595742 Bk: 3654 Pg: 33K2 Page 1 of 3 Recorded: 12/132022 207 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1131 FINDINGS OF FACT, CONCLUSIONS OF LAWAND ORDER 11/2 This case was presented for public hearing before the Special Magistrate on November 16, 2021. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539 , is the owner of the property located at, 293 Patton Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0010, and more particularly described as: EDNEY 2ND ADD LOT 1 BLK 3 The conditions on the property consist of an unpermitted accessory structure. The violation(s) were first observed on June 7, 2021. A Notice of Violation was mailed by certified mail June 21, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required, and requested correction of the violation by June 18, 2021. Re inspection of the property on June 21, 2021, confirmed that violation(s) continue to exist on the property. 2. 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: Page 299 of 656 3. 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 4. The Respondents were provided a reasonably sufficient time to voluntarily correct the Violations, which they failed to do within the time prescribed. 5. 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. 6. 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: 7. On or before December 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 8. On or before December 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit for the accessory structure or remove it from the property. 9. If the violation(s) are not corrected by December 17, 2021, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' responsibility to notify the City when the Violations have been corrected so that the Property can be inspected to confirm compliance. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. Page 300 of 656 11. If Respondent fails to comply by the date stated above, the City Council may cause the property to be cleaned up and the nuisance abated. The cost for such cleanup and abatement shall be billed and mailed via certified mail to the last known address of Respondent. If such bill is not paid within thirty (30) days from the mailing date, the costs incurred by the City shall be added to any unpaid costs, fines, or fees hereunder and shall be a lien on the property as authorized by law. Done and Ordered on the 16th, Day of November 16, tk2FATIFIED A TRUE AND Samuel B. Digitally signed by CORRECT COPY Samuel B. Taylor Taylor Date: 2022.12.0611:05:54 BY A� la�At' os'°°' Cyst - DATE: o�z. Special Magistrate City of Crestview, Florida RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Order entered by the Special Magistrate by filing a writ of certiorari for appeal to the Circuit Court. Any appeal must be filed with the Circuit Court within 30 days of this order. NOTICE OF LIEN AND INTENT TO RECORD — A certified copy of this Order may be recorded in the official records of Okaloosa County, and thereafter, shall become a lien against any real and personal property owned by Respondent(s), until satisfied, and at which the City may seek to foreclose on said recorded lien after 90 days from the date of filing, pursuant to City of Crestview Code of Ordinances and Florida Statutes Section 162.09. Name and address of lien holder: City of Crestview, 198 North Wilson Street, Crestview, Florida 32536. Page 301 of 656 21-1131 293 PATTON ST Aug 29, 2423 at ¶0 Q 3- 2 AM 293'$ton 5t Crestview FL 32539 . ' ' United 5`1ates Page 302 of 656 Case # 21-1026 409 WINGARD ST Owner of Record: Jimmie D & Kathy R Henderson of 409 Wingard Ave Crestview FL 32539 Origination Date: 05/17/21 Origination Code: Anonymous Complaint Violations: Chapter 38 Section 18 (i)(j), Chapter 70 Section 27 Solid Waste & Recycling, and Chapter 7 Section 7.05.03 of The Land Development Code Corrective Action Required: a.) Bring the inoperable vehicles into a state of compliance by attaching a valid tag or remove them from the property. b.) Remove solid waste and dispose of it at an approved facility. c.) Remove all tents and recreational vehicles and campers from the property. Notice Sent: 05/02/21 Signed: Returned Compliance Date: 06/07/21 Inspected: 06/07/21 Results: In Violation Notice Sent: 06/09/21 Signed: 06/12/21 Compliance Date: 06/21/21 Inspected: 06/21/21 Results: In Violation Notice Sent: 06/22/21 Signed: 06/24/21 Compliance Date: 07/01/21 Inspected: 07/06/21 Results: In Violation Public Hearing Notice Sent: 07/12/21 Signed:07/13/21 Hearing Date: 08/17/21 Property remains in violation. Order Recorded: 08/24/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 09/17/21 Daily fine: $250 Start: 09/18/21 Fines: $176,750 as of August 25, 2023 (not including interest) Property Value: $37,459 Related Properties: NONE Page 303 of 656 CASE #21-1026 409 WINGARD STREET TUESDAY, AUGUST 17, 2021 EXHIBIT 9 Page 304 of 656 May 17, 2021 at 11:51:48 AM 410 Wingard St Crestview FL 32539 United States , '' ' Jul 6, 2021 at 1:50:38 PM 410 Wingard St Crestview FL 32539 United States CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: May 25, 2021 Case #: 21-00001026 KATHY R & JIMMIE D HENDERSON 409 WINGARD CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes, The following information is provided to you concerning these violations: Location of Violation: 409 WINGARD ST Tax Identification Number 16-3N-23-2690-0006-0030 Legal: WINGARD ADD LOT 3 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 07, 2021, this case may be scheduled for a public heating before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT #� Page 309 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to EXHIBIT Page 310 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : protect and maintain the functions and values of conservation areas in conjunction with wildfiremitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of.cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the i EXHIBIT #_ Page 311 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). EXHIBIT # Page 312 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST CORRECTIVE ACTION REQUIRED : 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in -this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape EXHIBIT • Page 313 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. EXHIBIT #_ Page 314 of 656 City of Crestview Community Developme nt Servil P. O. Box 1209 Crestview, Florida 32536 tsa\ IIlll��llglllq�l�lal� ,o=a 3.eo ooa� 0,3, .,,� Kathy R & Jimmie D Henderson 409 Wingard Crestview, FL 32539 r� x. �. . ijMk 3' 2 5 3 5)-1 2e9 Fug delivery information. visit our websit BETUR SE `a.%! NO1+i: fiE CE'P Eye: �E UNABLE'. TO FORWARD BC: 325B6i2tv4 ipi�fl� 11 i +�zzrs-��ib� .'<<'_ 6d11� t 14,0 01,l�i�l�l�ls,,Yentif'I>fi[tir4�:7 F'JF'S1 -Cl ASS MAO $006.962 ZIP 32536 041M11297338 t Page 315 of 656 +ASS'[ TEL() ' 10 091E 020L CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 7, 2021 Case #: 21-00001026 KATHY R & MACE D HENDERSON 409 WINGARD CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 409 WINGARD ST Tax Identification Number: 16-3N-23-2690-0006-0030 Legal: WINGARD ADD LOT 3 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 21, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. boYah Law Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # Page 316 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to EXHIBIT #f� Page 317 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the ExHINT #— Page 318 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). Page 319 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST CORRECTIVE ACTION REQUIRED : 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape EXHIBIT #_ _ (21 Page 320 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. EXHIBIT Page 321 of 656 8/16/2021 USPS.com® - USPS Tracking® Results USPS Tracking® D fr r9 U.S. Postal S-` ice' CERTIFIED MAIL`- RECEIPT Oo► e-strc Marl Only Far delivery information. visit our website at www.usps.cor m " .: fled alt M Fee Track Another P okit « _`!a::sofa(ortdoevt4 $ rl ► :: ,'awra<« A s — G pD ertmed Mal Restricted Delivery $ _ °AdnSignature Required $ ❑ Adult Signature Restricted Delivery $ O -3 3 r-9 Itidgboataga and Fees m Tracking Number: 70203160000107311790 ru N 3. Your item was delivered to an individual at the address at 3:13 pm on June 12, 2021 in CRESTVIEW, FL 32539. & Delivered, Left with Individual June 12, 2021 at 3:13 pm CRESTVIEW, FL 32539 Get Updates N/ EXHIBIT #_- r Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: YmNy ¢• JWittAtC b �a 'fit t/014001 -ft WW Cefoinilao, ft 32g3q 111 111111 1111 1111111 111111 11110J 111111111 111 9590 9402 5522 9249 9950 23 4_ Article Number -tTrensIr.from seryt laLeD. _ 7020 3160 0001 0731 1790 PS Form 3811, July 2015 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A Signature x D Agent Addret B. Received by (Printed Name) C. Date of Deil v D. Is delivery address different from item 1? D Yes if YES, enter delivery address below: 7 No 3. Service Type 0 Adult Signature ult Signature Restricted Delivery ed Mall® 0 Certified Mali Restricted Delivery 0 Collect on Delivery 0 Collect on ivery Restricted Delivery Wall Restricted Delvery 17 Priority Mail Express® 0 Registered Mai1TM 0 Registered MaN Read' 0 Return Receipt for Merchandise 0 Signature Contirmattor 0 Signature Confirmation Restricted Delivery Domestic Return Recefl co a Q d https:Utools.uses.Dom/goffrackConfirmAction?tRef--fullpage&tic=2&text28777=eaLabels=70203160000107311790%2C Page 322 of16t6 Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 21, 2021 Case #: 21-00001026 KATHY R & JIMMIE D HENDERSON 409 WINGARD CRESTVIEW, FL 32539 Dear KATHY R & JIMMIE D HENDERSON, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 409 WINGARD ST Tax Identification Number: 16-3N-23-2690-0006-0030 Legal: WINGARD ADD LOT 3 BLK 6, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. EXHIBIT #__ -49 . Page 323 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 DESCRIPTION: RECREATIONAL CAMPS/TENTS DATE: 5/18/21 LOCATION: ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to EXHIBIT #_ Page 324 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the 41 EXHIBIT # __ Page 325 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). EXHIBIT # Page 326 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST CORRECTIVE ACTION REQUIRED : 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape EXHIBIT 3 Page 327 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001026 PROPERTY ADDRESS 409 WINGARD ST ORDINANCE DESCRIPTION : contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. Page 328 of 656 8/16/2021 USPS.corne - USPS Tracking® Results Wr"ki AYAif *MN Ctf�N rVu)/ F1, 32� , 1IIII1IIIIII1111111111111111111111 III11III1I 9590 9402 5522 9249 9970 10 • Complete items 1, 2, and 3. • Pdnt your name and address on the_tevbree so that we tan return the 'card to you. • Attabh this card to the back of the titailplece, or on the front if space permits. 1. Arad°Addressed tp: v\� USPS Tracking® m ra U.S. Postal Service' CERTIFIED MAIL" RECEIPT Domestic Mail Only For delivery information. visit our website at n r.N grans rCF:! Track Another Pa N VIrtlredt Fee p A service aI ( box.dd ra tt. wr) : _ ,-4U Receipt s C3 ❑Certified Moll Restricted Delivery $ p DAt Sputum RequIrod s p fl it Signature RI6bt lid Delivery s ra • .• .:Ai postage and Fees my p ru Tracking Number: 70203160000107311363 Wrkiti ?ti (EtiU, ,32 5. .s1 Your item was delivered to an individual at the address at 3:19 pm on June 24, 2021 in CRESTVIEW, FL 32539. Delivered, Left with Individual June 24, 2021 at 3:19 pm ORESTVIEW, FL 32539 2. Article Number (Transfer from service label) 7020 3160 0001 0731 1363 PS Form 3811, Jt dy 2015 PSN 7530-02-000-9053 A. Slgnattre OAgenf b Addressee X a. Received by enntedName) IG. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: Cl No 3. Service Type Adult Signature very ceatted Male Restricted Denver/ 0 Collect co Delivery ❑ Collect on Delivery Restricted Dewey Melt Restricted Denvey 0 Priority Maii Exposes, 0 Registered Meal= need Mee Restricted: 0 Return Receipt fo► 0 Signature Merchandise 0 Signature Con on Restricted DoYvsty Domestic Ream Receipt Nor , m 0_ a fv 0 Can't find what you're looking for? EXHIBIT # Go to our FAQs section to find answers to your tracking questions. v hops://tools.uses.tom/gofTrackConfirmActioOtRef=ful!page&tLc=2&text28777=&tLabeis=70203160000107311363%2C&tABt=faIse Page 329 of't6 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION i98 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 7/8/2021 Kathy R & Jimmie D Henderson 409 Wingard Avenue Crestview, FL 32539 RE: CASE# 21-1026 Dear Property Owner: You are hereby formally notified that on August 17, 2021, 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 409 Wingard Avenue, Crestview, FL 32536 more particularly described as: PIN# 16-3N-23-2690-0006-0030 LEGAL DESCRIPTION: WINGARD ADD LOT 3 BLK 6 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 #_ Page 330 of 656 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. ra awso Code Compliance Officer 850.306.3702/850.612.9714 o Fora 53A Appends: 6 Revised 2021 Page 331 of 656 STATEMENT OF VIOLATION Code of Ordinance Violated: LDC Chapter 7 Section 05.03 (B) Recreational Camps, Tents (B) For purposes of this subsection, "Recreational camp" of "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. Corrective Action Required: Remove the tents and campers from the property Code of Ordinance Violated: Chapter 38 Section 18 (I) (J) Inoperable vehicles (I) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (J) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action Required: Attach an appropriate tag to the vehicles or remove them from the property Code of Ordinance Violated: Chapter 70 Section 27 (1) (7) Refuse not acceptable for collection (1) Materials which have not been prepared for collection in accordance with this article. (7) Animal waste or tires Corrective Action Required: Remove the solid waste from the property by disposing of it at an approved facility. Page 332 of 656 0 ru `` OFFICIAL :derblied Mail fee rulf a 620 rcrrealraau .odrs• 1 . a Bait O s R•08$$ (14$41704$ 0 _ 0 C.d o.d A1.e Ratrkred D.h.ry $ oA** = = $ ❑ Adult sw+suren rsiDed•a $ -.-- a IPost"o° im rt Potttio. and r..0 ru • r- 3 7Yr .6I =;'- vollfaitotOolivio? U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. visit our website Wrvw.usps.com E f'_ ER: COMPLETE THIS SECTION' Complete Items 1.2. and 3. Print your name and address on the reverse so that we can retum the card to you. Attach this card to the hack of the mallplece, or on the front If space permits. 1. Article Addressed to: 40q vlimemit) 194 iq frJIMiml6 b %W Ws' 32.E vail 1111111111111 f 111111111111 1111111111111111111 9590 9402 5522 9249 9967 78 2. Article Number (liar,stis from service label) 7020 1290 0001 2346 7200 Mel R.ataedDelvery nor PS Form 3811, July 2015 PSN 7530-02-000-9053 COMPLETE THIS SECiiON ON DELIVERY A. Signature X Agent 0 Addressee fled Name) C. Date of Delivery - -,— D. Is delivery - different from Rem 1? es JIVES, enter delivery address below: PM 3. Service lype Adult Si ,dwt Signature Restricted Delivery hid Male Certified Restricted Delivery Q Collect on Delivery y O Collect on Delivery Restricted Delivery O Priority Mall Exprse*O 0 Registered Mara O stared Mail Restricted 0 mRetumembencuseReeelptfor ❑ Blgrmtrse Conffmistiorim 0 Signature Donflrmetion Restricted Delivery Domestic Return Receipt EXHIBIT # Page 333 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Jimmie D & Kathy R Henderson 409 Wingard Avenue Crestview, FL 32539 Respondents. Inst. #3483008 Bk 3569 Pg: 1002 Page 1 of 4 Recorded: 8/24/2021 10:35 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK MI JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1026 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on August 17, 2021. 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, Jimmie D & Kathy R Henderson, whose last known mailing address is 409 Wingard Avenue, Crestview, FL 32536, is the owner of the property located at, 409 Wingard Avenue, Crestview, FL 32539, AKA PIN 16-3N-23-2690-0006-0030, and more particularly described as: WINGARD ADD LOT 3 BLK 6 2. The conditions on the property consist of inoperable vehicles, solid waste and recreational vehicles/tents. The violation(s) were first observed on May 17, 2021. A Notice of Violation was mailed by certified mail June 9, 2021, and received by respondent on June 12, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards- Nuisance conditions, Section Page 334 of 656 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 21, 2021. Re inspection of the property on June 21, 2021, 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- Nuisance conditions, Section 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03,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 Page 335 of 656 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 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a.) Bring the inoperable vehicles into a state of compliance by attaching a valid tag or remove them from the property. b.) Remove the solid waste and dispose of it at an approved facility. c.) Remove all tents and recreational vehicles/campers from the property. 10. If the violation(s) are not corrected by September 17, 2021, a fine in the amount of $250.00 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. Page 336 of 656 Done and Ordered on the 17th, Day of August, 2021. 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 per 4onal 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 Creatview 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. Page 337 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGIS'IRATE 198 Wilson Street North Crestview, FL32536 City of Crestview, Florida, Petitioner, Inst. #3591803 Bic 3651 Pg: 4474 Page 1 of 4 Recorded: 11/18/2022 12:38 PM RECORDING ARTICLE V. $16.00 RECORDING: $19.50 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA vs, CASE* 21-1026 Jimmie D & Kathy R Henderson 409 Wingard Avenue Crestview, FL 32539 Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER. This case was presented for public hearing before the Special Magistrate on August 17, 2021. 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, Jimmie D & Kathy R Henderson, whose last known mailing address is 409 Wingard Avenue, Crestview, FL 32536, is the owner of the property located at, 409 Wiingard Avenue, Crestview, FL 32539, AKA PIN 16-3N-23-2690-0006-0030, and more particularly described as: WINGARD ADD LOT 3 BLK 6 2. The conditions on the property consist of inoperable vehicles, solid waste and recreational vehicles/tents. The violation(s) were first observed on May 17, 2021. A Notice of Violation was mailed by certified mail June 9, 2021, and received by respondent on June 12, 2021. The Notice stated that the condition(s), constituted a violation 'of Chapter 38 Property Maintenance and Housing Standards- Nuisance conditions, Section Page 338 of 656 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 21, 2021. Re inspection of the property on June 21, 2021, 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- Nuisance conditions, Section 18 (i, j), Chapter 70 Solid Waste and Recycling Services- Refuse not acceptable for collection, Section 27 (5); LDC Chapter 7 Accessory, Temporary, and Special Use Situations, Recreational Camps, Section 7.05.03,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 1 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 Page 339 of 656 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: S. On or before September 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before September 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a.) Bring the inoperable vehicles into a state of compliance by attaching a valid tag or remove them from the property. b.) Remove the solid waste and dispose of it at an approved facility. c.) Remove all tents and recreational vehicles/campers from the property. 10. If the violation(s) are not corrected by September 17, 2021, a fine in the amount of $250.00 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. Page 340 of 656 Special Magistrate City of Crestview, Florida Done and Ordered on the 17th, Day of August, 2021. CERTIFIED A TRUE AND T'''"'' = CORRECT :•OPY BY: DATE: 11— — aSo ;L2 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 P.espondent(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. Page 341 of 656 21-1026 409 WINGARD ST Page 342 of 656 Case # 21-1464 355 Walden St Owner of Record: Donnie & Marjorie Boswell (Heirs Of) 355 Walden St Crestview FK 32539 Origination Date: 08/04/2021 Origination Code: Proactive Violations: Chapter 38 Section 65 (0 Windows, (h) Exterior Doors, (k) Structural Supports, (1) Porches and Balconies, (m) Stairs, (n) Roofs (q) Overhang Extensions, (v) Exterior Lighting Corrective Action Required: a. Obtain the required permits to repair or replace the windows, exterior doors, structural supports, porches and balconies, stairs, roof, overhang extensions, and exterior lighting, OR obtain a demolition permit, demolish the structure and remove all demolition debris. Notice Sent: 10/20/21 Signed: Returned Compliance Date: 11/01/21 Inspected: 11/8/21 Results: In Violation Notice Sent: 11/10/21 Signed: Returned Compliance Date: 11/29/21 Inspected: 11/30/21 Results: In Violation Notice Sent: 01/18/21 Signed: Returned Compliance Date: 01/31/22 Inspected: 02/07/22 Results: In Violation Public Hearing Notice Sent: 12/2/21 and 02/10/22 Signed: Returned and Returned Hearing Date: 03/15/2022 Property remains in violation. Order Recorded: 03/17/22 Re-recorded with wet stamp 12/01/22 Hearing fee: $250 Due by 06/21/22 Daily fine: $250 Start: 06/20/22 Fines: $107,750 as of August 25, 2023 (not including interest) Property Value: $17,876 Related Properties: NONE Page 343 of 656 21-1464 355 Walden St March 15, 2022 Exhibit 7 Page 344 of 656 DATE BUILDING OFFICIAL STRUCTURAL DETERMINATION 21-1494 355 Walden e1,1.54-1e c-hcC NAIUREOFMI.AMIPMOBSERVED ADDRESSLCCAT1CNORCLATEW r QORRECTREAC ENP)RBOIIRED or A ye. s c- t4f c(r r f j CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION o (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS O (f) WINDOWS O (p) SHUTTERS Ci (h) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS O Q) EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES (m) STAIRS (`(n) ROOFS 0: (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (,f (q) OVERHANG EXTENSIONS O (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS COMMENTS. 5 Z r (df Ik`r✓' rrel fr1 • (Ls 1' Ui f } )' Al reef "4('?' • cis) 4 c' Tr 1' �1• .Q en f�r'u 4,s nC + � aiAj ►s 7 jf�i viewer*_ Oc r, '3�'l�/ i�e�ttt✓,i' Ij jet:pee j,Jici, too S-fw � Ica l 11;z7A.1- r 0vY?/ I-* 1.ti 5 C') 'cics w; 4I Vlsi Alt j ).-1 ri dlr." c../co 1 �,tsFd� TLREpF NAME oFBUILDING /41 /044 DATE EXHIBIT # Page 345 of 656 August 04, 2021 09:56AM 355 Walden St *.47' Crestview FL 32539 "October 20, 2021 03:25PM 380 Walden St Crestview FL 32539 United States November 01, 2021 08:55AM. 350 Walden St Crestview FL 32539 United States November 30, 2021 09:45AM '' 355 Walden St Crestview FL 32539 -January 05, 2022 01:09PM i? '! 300 Walden St Crestview FL 32539 ,;� Case #21-1464 355 Walden January 06, 2022 01:57PM 355 Walden St Crestview FL 32539 January 06, 2022 02:35PM 198 N Wilson St rr1' OP CRffiSTVIWW c,iw i4tTPIJTY DEVELOP2l4E Ti S16RvI ES IaEPAR'I'1►II N'I' CODE ccAIIPLIA ICB DIVISION aa.ta M•Oawa atra*�r y.veyh G7+wuvfaat. !L 3a y'I6 (ago) 6azy.o*o n VIzp1 E OF'P41aLICN+-4M NG r]A TR Nos -cal., I& Yn7� dlnrv.i• A M..1,... Pored: (Hairs Of) 155 t../.tan Tw Oraurv+►w, FL 3 23 39-153 1 RA L;. -S Ma 51-I4 .. rarer ivy Owns. You ars r.er.t.y Ibtrr6.71y nr.H Mad rt+.t w.. 3 smeary 10. 2033, at s,,. P.M.. Want wt11 be a Public BeiatnK at Girl?' Han, locetsd at 19* W Mucci 5 trees North. Crestmew.Floridi 32336 in the Conrail Cligmlberm This mesons to Puna bald omodttbsa •yWariem, that eaatiaus to mdse m a Pew of pmftY brootio& m you loaded al 353 Praia, 11r. CT vtrw, FL $2139 more pnticctiariy dwa 4bad PTM* 00 -3N -23 -0743 -000p -003A a KOAL DLSC7R1 MOrdt E?DNEY 3RD N1/2 OP LOT 3 BLK 9 Tba Sped:a Meaba roe ha. the prow R he•y lino .q. m 1334 per day for first violation. add i t to 3500 p it day as . repeat rialadnts If Ilse Speormi Magitarata Ferri. u e violation to be artap.r.ble or cne.xsr.ibla in nabob. a f are, nrA 10 asG+smd 55.000 par violation. may be irnpe.as lfa vlodarkxr. or die midi don rendes tba rioltuon, Nten lie eelessi throat to the public heads, aaliaty. and aroihr . Ea -II -the violation i. Irryrarabla a !rte+eraihle III native, the 3pac1al Magi McKee will notify the local governing body. which may mike ell neaar.nable raptor i rraptire.d to bang line property into eornpl lance, and charge the vinl.tt r with t}1 reasonable coq of ire repair. Mon* wtth the Otto i.mpoaed. lithe City prvrail• in pre o. uting a came !natter. the Spccaal Magletrwtn. it shall be entitled to recover all neon lncaared in pr. mmuting the case before the Spacial Magistrate. and cosh °oda may be included in the tiers cut oripd! unsdt F$ 162_09(3)- A and fled ao fey of an Order imposing a fine, or a tbw plus repair caves, eel be recorded it the Okaloou Cermty Public RC.X.Ms: and thereafter than .x.nslitute a lint against the land an .rbich the violation ezeiatt aid upon aer other real or pi:Medal property owned by the violator. r " t EXHIBIT # 7 Page 351 of 656 _"._ `. February u!, zuzz uz:DurIVr. li 355 Walden St e,, '" " Crestview FL 32539 arch 01, 2022 11:13AM 355 Walden St Crestview FL32539 ' *-$' fTR.• L '-•• • d• •••eLD/MIoA Cb• •• omen I..KfI MV11.90, ..M MYt. soMm Aro. Myr wr Wow.. -Y-d.r w,r.f-rte irxlr����xrr� a■t �t r�r - M Case #21-1464 355 Walden . = "'March 03, 2022 02:57PM 203 W Woodruff Ave Crestview FL 32536 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OFPUBLICHEARING DATE: February 4, 2022 Donnie & Marjorie Boswell {Heirs Oil 355 Walden St Crestview. FL 32539-4531 RE: CASE# 21-1464 Dear Property Owner. You are hereby formally notified that on NI larch 15, 2022, at 5:3O P.M., there will he a Public Hearing at City #call, located at 198 Wilson Street North. Crestview, Florida 32536 in the Council Chambers. This meeting is being held concenunl; violations that continue to exist on a parcel of property belonging to you located at 355 Walden St, Crestview. FL 32539 P110fC particularly descnhed as: PIN# 08 -3N -23-0743-0009-003A LEGAL DESCRIPTION: EDNEY 3RD N1/2 OF 10T3 Bl.tt 9 The Special Magistrate has the power to levy fines up to S25t per day for a first violition. and up to the lien authorized under fS S500 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. tf a violation or the condition causing E i s c 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. winch may make ail reasonable repairs required to bong the property into compliance. and charge the violator with the rcason.able cost ofthc repairs along with the fine imposed. lithe City prevails in prosecuting a ease before the Special Magistrate. It shall be rnriiled t0 recover sit costs incurred in prosecuting the case before the Special Magistrife. and svcb cow he included in 162.(1913 i A certified copy of an Order imposing a fine, or a fine repair costs, wit] he rem ided in the Okatoosa County Public Records and thereafter shall constitute a lien against the land which the «toianon exists sod upon an; other real or t,et on property owned by the .nolatnr __e stout avbi.nmr EXHIBIT # Page 355 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: October 20, 2021 Case #: 21-00001464 MARJORIE & DONNIE BOSWELL 355 WALDEN ST CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 355 WALDEN ST Tax Identification Number: 08 -3N -23-0743-0009-003A Legal: EDNEY 3RD N1/2 OF LOT 3 BLK 9, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 01, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. EXHIBIT # Page 357 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to c:.pably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action (2) Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. EXHIBIT # 7 Page 358 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 359 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (a) Please Contact the Permitting Department CD 850-689-1618 EXT. 254 OR 261. EXHIBIT # Page 360 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 3. DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k' Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Replace the wood or metal supports that are rusty or rotten. VIOLATION: CH 38 SEC 65 WINDOWS DESCRIPTION: WINDOWS -OPENINGS -SCREENS LOCATION: QUANTITY: 1 DATE: 10/18/21 ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to EXHIBIT # Page 361 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. EXHIBIT # Page 362 of 656 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. EXHIBIT # 7 Page 363 of 656 City of Crestview City Hall 198 North Wilson Stree t Crestvie w, FL 32536 (N i i AILr. i 7011 3500 0000 9134 2189 NEOPO S1 f lf?ST Lt ASS Malt t [] 24?U2' t1S PO STAGE $004 28-` ZIP 32536 i 041 M11 297338 Heirs of M arjorie and Donnie Boswell 355 Walden Street Crestview, -. 32539 NIXIE 322 OE 1. 002 .1/14/21 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD 363 43 698 *8238-0601G-1 4-43 illhA141111li1flflflHhIMl'llIPOIltVIIIIII 69't2 +iE't6 0000 005E TTOL Page 364 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: November 9, 2021 Case #: 21-00001464 HEIRS OF DONNIE & MARJORIE BOSWELL 355 WALDEN ST1?EET CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 355 WALDEN ST Tax Identification Number: 08 -3N -23-0743-0009-003A Legal: EDNEY 3RD N1/2 OF LOT 3 BLK 9, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 29, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate bas the authority to impose fines of up to 5250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If ti have any questions concerning this matter, you may call me at (850) 683-0896. � r�er�l ompli EXHIBIT # 7 Page 365 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65. DOORS/FRONTS DESCRIPTION: EXTERIOR DOORS/STOREFRONTS LOCATION: QUANTITY: 1 DATE: 10/18/21 EXHIBIT # 1 ORDINANCE DESCRIPTION : CONTINUED Page 366 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following EXHIBIT # 7 Page 367 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST CORRECTIVE ACTION REQUIRED : action(s). Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Imprroved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit, prior to commencing repairs. Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : EXHIBIT # 7 Page 368 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from, the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # 7 Page 369 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these EXHIBIT # 7 Page 370 of 656 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste, matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. EXHIBIT # 7 Page 371 of 656 Page 372 of 656 City of Crestview City Ha ll 198 North Wilson Stree t Crestview, FL 32536 i 11 i Y 11 i 7014 3490 0000 4156 6819 Heirs of Donnie & Marjorie Boswell 6199 95Th 0000 06hE NEO POST 11/i0.2221 US POSTAGE FIRS"' -CLASS MALI $004.282 FAMee: ZIP 041 M11293257336 36 322 GE 1. 6012{21312 i RE TURN TO SENDER UNCLAIMED UNABLE TO FORWARD 536343898 *0238-86124-26-22s 111sill'�lfl„'Il ll,ii�j'li�i''l!s�s���,'slyif i'1'I•:'"9al�� CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: November 16, 2021 Donnie & Marjorie Boswell (Heirs Of) 355 Walden St Crestview, FL 32539-4531 RE: CASE# 21-1464 Dear Property Owner: You are hereby formally notified that on January 18, 2022, 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 355 Walden St, Crestview, FL 32539 more particularly described as: PIN# 08 -3N -23-0743-0009-003A LEGAL DESCRIPTION: EDNEY 3RD N1/2 OF LOT 3 BLK 9 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 #7 Page 373 of 656 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, t eFiorah Lawson Code Compliance Officer 850.305.3702/850.612.9714 EXHIBIT # Foal 53A Appeodli Revisal Mal Page 374 of 656 21-1464 —II 38 SEC 65 DOORS/FRONTS /EXTERIOR DOORS/STOREFRONTS DESCRIPTION: 38.65 - STANDARDS FOR IMPROVED PROPERTY. (h) Exterior doors: Every exterior door and hatchway or good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CH 38 SEC 65 ATTACHMENTS OVERHANG -AWNING -CANOPY -SIGN DESCRIPTION: 38.65 -STANDARDS FOR IMPROVED PROPERTY. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (D) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally nd manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. Ali exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION: Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy @ 850-682-1560, for information pertaining to the Downtown Overlay District. CH 38 SEC 65 POR-BAL-STA PORCHES -BALCONIES -STAIRS 3CRIFITON: 38.65 - STANDARDS FOR IMPROVED PROPERTY. EXHIBIT # Page 375 of 656 21-1464 Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept painted and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION: Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(:.). Obtain a building permit, prior to commencing repairs. Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261, for further information. CH 38 SEC 65 WINDOWS WINDOWS -OPENINGS -SCREENS DESCRIPTION: 38.65 - STANDARDS FOR IMPROVED PROPERTY. (f) Windows: Every window shall be maintained in sound working condition and good repair to be substantially weather -tight a.1d rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION: Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). P ' air, or replace the window, or window screen, so it is weather -tight and rodent -proof. EXHIBIT # Page 376 of 656 21-1464 gclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. CH 38 SEC 65 LIGHTING EXTERIOR LIGHTING DESCRIPTION: 38.65 - STANDARDS FOR IMPROVED PROPERTY. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION: You may abate the violation(s) by conducting the following action(s). Building Permits: Prior to commencing work to correct a violation, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. r",tain a permit to repairing the exterior lighting. riease contact the Permitting Department @ 850-689-1618 ext. 254 or 261 for further information. CH 38 SEC 65 SUPPORTS WOOD OR METAL SUPPORTS DESCRIPTION: 38.65 - STANDARDS FOR IMPROVED PROPERTY. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECITVE ACITON: Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. EXHIBIT # Page 377 of 656 c0 (� 0 1 - M m 1- a w U w cr 0< u) ❑ -W_ o c W I` Uo° City of Crestv iew City Hall 198 North Wilson Stre et Crestview, FL 32536 t,t44 Pi EV[L 95Th 0000 06hE +,T01. INN �:� LA FL 325 NEOPO ST FIT51 MR 21 PM 1 L 7014 3490 0000 4156 7113 Donnie & Marjorie Boswell (Heirs Of) 355 Walden St Crestview, F' 1/cgQ-ac g1 Ni 1E ZIP 32536 041M11297338 ss2 of 1 140 14/is/ti. RE TURN TO SENDER UNCL AIMED UNABLE TO FORWARD �.r uN►:. ai.: is ly253E343.e9a '*26'3`8-3C g3sisE,712-3s ft O S tilit iltluSI11�I ” :lll�lll�fit •!i�7S( •.f'n; 31Al-Mni: W CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1464 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 6th day of January 2022, I personally posted said Notice of Hearing at: 355 Walden Street, Crestview, Florida, in the County of Okaloosa. y of saidpotic attached hereto. ant s Signature 'b,eVsro/ Before me, the undersigned authority personally appeared, Deborah Lawson, 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 6th day of January 2022. (SEAL) ar+ . OFFICIAL NOTARY SEAL Christi L Sheals Commission No. GG326168 My Commission Expires April 21, 2023 NOTARY PUBLI MY COMMISSION EXPIRE JA.14.W 7 Form 54 Appendix 9 Page 379 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: January 13, 2022 Case #: 21-00001464 HEIRS OF DONNIE & MARJORIE BOSWELL 355 WALDEN STREET CRESTVIEW, FL 32539 Dear HEIRS OF, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 355 WALDEN ST Tax Identification Number: 08 -3N -23-0743-0009-003A Legal: EDNEY 3RD N1/2 OF LOT 3 BLK 9, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 31, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. r.y mhave any questions concerning this matter, you may call me at (850) 683-0896. 1y. Deborah Lawso Code Compliance Officer 850.306.3702/850.612.9714 1 EXHIBIT # Page 380 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire eacapes,--atandpipes-, d—exhaus-t--ducts_ha1l-be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1 DESCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 10/18/21 LOCATION: EXHIBIT #/ ORDINANCE DESCRIPTION : CONTINUED Page 381 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Repair, or replace, the exterior door, garage door, the exterior doorframes or storefront. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. VIOLATION: CH 38 SEC 65 LIGHTING QUANTITY: 1 DESCRIPTION: EXTERIOR LIGHTING DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation , a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following EXHIBIT # Page 382 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST CORRECTIVE ACTION REQUIRED action(s) . Obtain a permit to repair the exterior lighting. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit, prior to commencing repairs. Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : EXHIBIT # 7 Page 383 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Obtain a building permit to replace the wood or metal supports that are rusty or rotten. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1 DESCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. EXHIBIT # 7 Page 384 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. CORRECTIVE ACTION REQUIRED : Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace the window, or window screen, so it is weather -tight and rodent -proof. Enclose the window by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261, for further information. VIOLATION: CHAPTER 70 QUANTITY: 1 DESCRIPTION: SOLID WASTE & RECYCLING CH 70 DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : Sec. 70-27. - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the non -acceptable refuse: (1) Materials which have not been prepared for collection in accordance with this article. (2) Hazardous materials or substances, such as poisons, acids, caustics, infected materials, explosives, batteries, hydrocarbons and radioactive materials. The county solid waste department will handle requests for disposal of these EXHIBIT #.7 Page 385 of 656 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST ORDINANCE DESCRIPTION : materials. (3) Materials approved by FDER that are commonly referred to as "C & D waste" (see article III of this chapter). (4) Solid wastes resulting from industrial processes. (5) Tree stumps, trunks and limbs larger than four inches in diameter or six feet in length. (6) Refuse created by any private contractor as described in sections 70-35 and 70-36. (7) Animal waste, dead animals or tires. Sec. 70-35. - Building construction wastes. The person to whom a building permit is issued shall be responsible for removing all refuse, waste matter, rubbish, garbage, trash and construction debris and C & D wastes, including, but not limited to, trees, stumps, dirt, old buildings and structures resulting from the clearing of land before the completion of the work permitted and final inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by disposing of the debris at an approved facility. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 1/13/22 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. EXHIBIT # _7 Page 386 of 656 VIOLATION DETAIL PAGE 7 CASE NUMBER 21-00001464 PROPERTY ADDRESS 355 WALDEN ST CORRECTIVE ACTION REQUIRED : (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. EXHIBIT # Page 387 of 656 Page 388 of 656 City of Crestview City Ha ll 198 North Wilson Stree Crestview, FL 32536 1 E 0 0 a 3 a i 0 0 0 O 0 EE i do 0 It LS92. EE'C6 0000 DOSE TTOL w Cn ILL LL. 111 11 11 7011 3500 0000 9133 7857 Pr 13 HEIRS OF DONN IE & MAR TOR TE BOSWELL r�iXl� >7.7t D 3 0002/21f22 355 WALD EI NEOPO ST OV1�.2OZ2 US PO STAG E FIRST-Ct. ASS MAIL $004.28° aant ZIP 32536 041 M11297338 Lit) //7?/-cz C RESTV IEW UNC 6>3436 ; ETURN T SENDER JAC.L AINE 0 i UNABLE TO FORWARD 'w G BC: 3257.6343698 " 62.38 -023!& - •Z.. -em CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: February 4, 2022 Donnie & Marjorie Boswell (Heirs O#) 355 Walden St Crestview, FL 32539-4531 RE: CASE# 21-1464 Dear Property Owner: You are hereby formally notified that on March 15, 2022, 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 355 Walden St, Crestview, FL 32539 more particularly described as: PIN# 08 -3N -23-0743-0009-003A LEGAL DESCRIPTION: EDNEY 3RD N1/2 OF LOT 3 BLK 9 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 # 7 Page 389 of 656 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. sere ebor:s Lawson Code Compliance Officer 850.305.3702/850.612.9714 Pam 53A Appe.dk S Revised 2021 EXHIBIT # Page 390 of 656 21-1464 355 Walden Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (f), (h), (k), (1), (m), (n), (q), (v) (f) Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the openings with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of tri fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as hurricane or tomado, the City Manager may extend the time as needed. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. (1) Porches and balconies: All exterior porches, balconies, stairs and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (q) Overhang extension: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained EXHIBIT # .7_ Page 391 of 656 21-1464 355 Walden Statement of Violation in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2 All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (3) Lighting shall be in safe working order, in compliance with the Florida Building Code. Corrective Action Required: a.) Obtain a licensed engineer to perform a structural evaluation and submit a letter to the Building Official stating the findings as to the condition of the structure, submit plans, applicable documents and pay associated fees. b.) Obtain a demolition permit and demolish the structure. Remove all demolition debris from the property. EXHIBIT # Page 392 of 656 Page 393 of 656 City of Crestv iew City Hall 198 North Wilson Street Crestview, FL 32536 EET6 0000 00SE TT0r- . 62.2.9 IFIE17 MAIL, i LA FL'325 22 PM 1 L 7011 3500 0000 9133 8779 Donn ie & Marjorie Boswell (Heirs Ott 355 Walden St Crestview, FL 32539-4531 UT F IEO PO ST )2'1D2022 S POSTAGE FIRST -CI . ASS MAIL 007.332 ZIP 32536 c 041M 11297338 NIXIE 322 FE 1 210162,'18/22 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 3?336343698 '2E38-00679-10-87 111111y 01111,l1111.11l11il,1111111.'it.i111.1.1.;111111>:iis11. "!",3"� CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.D. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1464 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 3rd day of March 2022, I personally posted said Notice of Hearing at: 355 Walden St, Crestview, Florida, in the County of Okaloosa. said notice is ached hereto. ant's Signature 3 I Zo2Z to Before me, the undersigned authority personally appeared, Deborah Lawson, 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 3rd day of March 2022. (SEAL) JPublic,nDavis Stat State of Florida Nom 2023 My Commission Expires A. Commission No. GG 955262 NOTARY PUBLIC: MY COMMISSION EXPIRES: dr3o Form 54 Appendix 9 Page 394 of 656 BUILDING OFFICIAL STRUCTURAL DETERMINATION ,Oh319,1 DATE NATURE OF VIOLATION(S)OBSERVED 21-1494 355 Walden ADDR&SS1CCAT1GJOFMaA1 DN �r ere T�y�tT iu� �e 4� r n y- (J Cr L CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS X(f) WINDOWS O (g) SHUTTERS (h) EXTERIOR DOORS O (1) EXTERIOR DOOR FRAMES AND STOREFRONTS O (j) EXTERIOR SURFACE TREATMENT O (k) STRUCTURAL SUPPORTS O (1) PORCHES AND BALCONIES Am) STAIRS X(n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (q) OVERHANG EXTENSIONS D (r) INSECT SCREENS O (s) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS ' COMMENTS* 7 # II C rer-ii /K+✓ nefiry (40 Lvtli fk • )' ' a� reef 4 cis) �"' etcry ie en• i i t y , (AO tier �# &. ;� r p n+ ilk "'at 4 �2' S 4,5 , f ` J PE(0�� 4 /S , 11kj. d ."„. 9e' rj Ili L✓:i"oicud 1ecI{etyj ty-4/ 7 fs1� 7L p.JCCcf It` ST�cpj I+�'SC4y ��%r v# crre y. Ovserte.et`'$ el�t''J[ f' yv y, � f 1 I-.Crtc to 4 f vIGTIATUREOF OFFI[7AL PRINTED NAME OF BUILDNGCFFICIAL /6k/4 a7E EXHIBIT # Page 395 of 656 Case #21-1462 355 Walden Street EXHIBIT# 7* EXHIBIT # _71Pr Page 396 of 656 Case #21-1462 355 Walden Street EXHIBIT# _ 74 Page 398 of 656 Case #21-1462 355 Walden Street EXHIBIT# 71°4 Page 399 of 656 Case #21-1462 355 Walden Street EXHIBIT#_WA Page 400 of 656 Case #21-1462 355 Walden Street EXHIBIT# .71Ck Page 401 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Donnie & Marjorie Boswell (Heirs of) 355 Walden Street Crestview, FL 32539 Respondents. Inst. #3535173 Bk: 3610 Pg: 3928 Page 1 of 3 Recorded: 3/17/2022 1229 29 PM RECORDING ARTICLE V: $1Z00 RECORDING: $15.00 DEPUTY CLERK twaidner JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1464 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on March 15, 2022. 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, Heirs of Marjorie & Donnie Boswell, whose last known mailing address is 355 Walden Street, Crestview, FL 32539, is the owner of the property located at, 355 Walden Street, Crestview, FL, Crestview, FL 32539, AKA PIN# 08 -3N -23-0743- 0009-003A, and more particularly described as: EDNEY 3RD N1/2 OF LOT 3 BLK 9 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on August 4, 2021. A Notice of Violation was mailed by certified mail October 20, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (h), (k), (1), (m), (n), (q), (v). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by November 1, 2021. Re inspection of the property on November 1, 2021, confirmed that violation(s) continue to exist on the property. Page 402 of 656 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. 65 (f), (h), (k), (1), (m), (n), (q), (v) . - 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 fmd 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 June 20, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $ 250.00. 9. On or before April 18, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the necessary permits to repair the structure or obtain a demolition permit to demolish the structure. On or before June 20, 2022, the Respondent is to correct the violation(s) by conducting the following actions: Page 403 of 656 a. Obtain a building permit to repair or replace the windows, exterior doors, structural supports, porches and balconies, stairs, roofs, overhang extensions, and exterior lighting. b. Obtain a demolition permit to demolish the unsafe structure. If demolished, all demolition debris must be removed from the property. 10. If the violation(s) are not corrected by June 20, 2022, a fine in the amount of $250.00 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 confiim 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 16th day of March 2022. Samuel B. Taylor 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. Digitally signed by Samuel B. Taylor Date: 2022.03.16 17:5626 -05'00' Page 404 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Donnie & Marjorie Boswell (Heirs of) 355 Walden Street Crestview, FL 32539 Respondents. Inst. #3593609 Bic 3653 Pg: 812 Page 1 of 3 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1464 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on March 15, 2022. 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, Heirs of Marjorie & Donnie Boswell, whose last known mailing address is 355 Walden Street, Crestview, FL 32539, is the owner of the property located at, 355 Walden Street, Crestview, FL, Crestview, FL 32539, AKA PIN# 08 -3N -23-0743- 0009-003A, and more particularly described as: EDNEY 3RD N1/2 OF LOT 3 BLK 9 2. The conditions on the property consist of an unsafe structure. The violation(s) were first observed on August 4, 2021. A Notice of Violation was mailed by certified mail October 20, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (f), (h), (k), (1), (m), (n), (q), (v). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by November 1, 2021. Re inspection of the property on November 1, 2021, confirmed that violation(s) continue to exist on the property. Page 405 of 656 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. 65 (f), (h), (k), (1), (m), (n), (q), (v) . - 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. On or before June 20, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of 250.00. 9. On or before April 18, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the necessary permits to repair the structure or obtain a demolition permit to demolish the structure. On or before June 20, 2022, the Respondent is to correct the violation(s) by conducting the following actions: Page 406 of 656 Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: 2022.03.16 17:56:26 -05'00' 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 fihn& 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. a. Obtain a building permit to repair or replace the windows, exterior doors, structural supports, porches and balconies, stairs, roofs, overhang extensions, and exterior lighting. b. Obtain a demolition permit to demolish the unsafe structure. If demolished, all demolition debris must be removed from the property. 10. If the violation(s) are not corrected by June 20, 2022, a fine in the amount of $250.00 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 cost~- 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 16th day of March 2022. CERTIFIED A TRUE AND CORRECt COPY 101 t C,�� Page 407 of 656 Case # 21-1298 638 REED AVE Owner of Record: Annie M Scarbrough (Heirs 00 of 638 Reed St Crestview FL 32539 Origination Date: 07/06/21 Origination Code: Proactive Violations: Chapter 38 Section 65 (j) Exterior Surface, (k) Structural Supports, (n) Roofs, (q) Overhang Extensions, and Chapter 38 Section 66 Acessory Structures Corrective Action Required: a.) Obtain a roofing permit and repair or replace the roof. Obtain a building permit and repair the exterior surface, structural supports, and overhang extensions. b.) Obtain the required permit and demolish the accessory structure and remove all demolition debris from the property, OR obtain a licensed engineer to perform a structural evaluation and submit a letter to the Building Official stating the findings as to the condition of the structure, submit plans and applicable documents, and pay associated fees to bring the accessory structure to a state of compliance. Notice Sent: 07/21/21 Signed: 07/22/21 Compliance Date: 08/04/21 Inspected: 08/16/21 Results: In Violation Notice Sent: 09/03/21 Signed: 09/11/21 Compliance Date: 09/21/21 Inspected: 11/15/21 Results: In Violation Public Hearing Notice Sent: 11/2/21 Signed:11/4/21 Hearing Date: 12/07/21 Property remains in violation. Order Recorded: 12/09/21 Re-recorded with wet stamp 12/13/22 Hearing fee: $250 Due by 01/07/22 Daily fine: $250 Start: 01/10/22 Fines: $148,250 as of August 25, 2023 (not including interest) Property Value: $64,546 Related Properties: NONE Page 409 of 656 21-1298 638 REED TUESDAY, DECEMBER 7, 2021 EXHIBIT 7 Page 410 of 656 Prp L', 4 r7 S L i�+-r �C q C'rf BUILDING OFFICit.L, STRUCTURAL DETERMINATION CHAPTER 38-65 IMPROVED PROPERTY STANDARDS 7 if 1.?1 _ 638 Reed Ave c2 I'' / ! 8 DATE ADbF�SSLO('A710NOFVIOLATiO 4 D (a) FOUNDATION O (b) WOOD SUPPORTS D (c) METAL SUPPORTS O (d) SKIRTING o (e) EXTERIOR WALLS o (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS (I) EXTERIOR SURFACE TREATMENT (k) STRUCTURAL SUPPORTS O (I) PORCHES AND BALCONIES O (m) STAIRS 40) ROOFS D (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS X(q) OVERHANG EXTENSIONS O (r) INSECT SCREENS J ,$) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: )MMENTS/CORRECTIVE ACTION(S): /ri,.-� ' aytei ,io✓Id le pc 7 „ jY COr► wki A ti 4ie 77,e Jk'e5)-0.7 ti4 fs 'fir J / It ,-erw of pia hie 54a-idvre if no T k k5 e4K i4.5 sd '�1 4 cS .d G s �n 4,0) r t•vethy5 Age,/ amt• r�n7'7' F 4-rT �rcS f J, 16~" iti iffLy „Z(dcF.: 40 164 PRINTEDNAMEOFeuwriiCFFOR. ,21 DATE EXHIBIT # Page 411 of 656 "Jul 6. 2021 at 1:53:54 PM 638 Reed Ave Crestview FL 32539 United States July 19, 2021 10:3IAM 638 Reed Ave Crestview FL 32539 August 16. 2021 09:31A1V1 625 Reed Ave Crestview FL 32539 • mkt.; Crestview FL 32539 ";November 15, 2021 02:01 PM: 638 Reed Ave Crestview FL 32539 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209. Crestview. Florida 32536 Phone (850) 683-0896 Date: July 21, 2021 Case #: 21-00001298 HEIRS OF ANNIE M SCARBROUGH 638 REED STREET CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 638 REED AVE Tax Identification Number: 16 -3N -23-2690-0005-003B Legal: WINGARD ADD 50 FT N & S BY 140, FT E & W IN SW COR LOT 3 BLK, 5 If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by August 04, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. have any questions concerning this matter, you may call me at (850) 683-0896. rah Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # 3 Page 416 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: GUTTERS -CHIMNEYS -OVERHANGS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in EXHIBIT # Page 417 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE ORDINANCE DESCRIPTION : control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, 'flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy @ EXHIBIT # Page 418 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE CORRECTIVE ACTION REQUIRED : 850-682-1560, for information pertaining to the Downtown Overlay District. VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR SURFACE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # Page 419 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to match existing surfaces. (4) Repair, replace or repaint, the exterior surface of the building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. EXHIBIT # Page 420 of 656 VIOLATION DETAIL PAGE 5 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @I 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Replace the wood or metal supports that are rusty or rotten. VIOLATION: CH 38 SEC 66 QUANTITY: 1 r-^-CRIPTION: ACCESSORY STRUCTURES DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : CONTINUED hAHIBIT # Page 421 of 656 VIOLATION DETAIL PAGE 6 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the , sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three (3) months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. CORRECTIVE ACTION REQUIRED : You may abate the violation by EXHIBIT # Page 422 of 656 2346 7392 FR D ni rR ni U.S. Postal Service' CERTIFIED MAIL' RECEIPT Domestic Mali Only 1 C.4ntriad Mai! SuMo.e 5 Fait fenabax, add t o $ Rodin Rica tte ve $ ❑aNA.d Mon Rattled Davey $ El Ada yp eenReeked e. pAdultSeam n«etl.dDavey$ otyMme Tetai Pale00 +a Fier SENDER: COMPLETE 7„r:_ SECTION Print Kerns 1, 2, and 3. and addrees blithe e,.. i,1 nt your �.... � the Y e reverse so that we can velum U e card to you. Attach this caid to the back of the mallpter e, or on the front t1space penvits. 1. Article Addressed to: ! tb .b tiv3sT\I‘fAiui ft, 3 2;101 llIVIII!I1Ii 111111111 II111lII1111IIi 11111111 9590 9402 6373 0303 1240 93 .51 s. Service type AdultWallas AeelrbtedDeMay MOO ■ r. kle Ratted D Collect op Delvety Davey 2. Arid, Number flhansferfrom send*, !then o Calmat co Drewry ReuMcted Delivery 7020 1290 0001 2346 7392 t RestrlctedoelYery PS Fonm 3811, July 2020 PSN 753r 02 000-e06s 0 Priority Mal Wawa R.pletemd p =sled Mal Restricted Ci aigrette" +r Restricted Calvary Domestic Return Receipt EXHIBIT # Page 423 of 656 11/23/21, 5:21 PM USPS Tracking® USPS.com® - USPS Tracking® "-sults Track Another Package -- Tracking Number, 70201290000123467392 FAQs > Remove X Your item was delivered to an individual at the address: at 2:54 pm on July 22, 2021 in CRESTVIEW, FL 32539. G Delivered, Left with Individual July 22, 2021 at 2:54 pm CRESTVIEW, FL 32539 Get Updates u Text & Email Updates Tracking History Product Information a 0 m 0 See Less " Can't find what you're looking for? EXHIBIT # Go to our FAQs section to find answers to your tracking questions. 3 https://tools.usps.com/go/TrackConfinnAction7tRef=fulipage&tLc=2&text28777=84Labels=70201290000123467392%2C&tABt=false Page 424 0656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: September 3, 2021 Case #: 21-00001298 HEIRS OF ANNIE M SCARBROUGH 638 REED STREET CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 638 REED AVE Tax Identification Number 16 -3N -23-2690-0005-003B Legal: WINGARD ADD 50 FT N & S BY 140, FT E & W IN SW COR LOT 3 BLK, 5 If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by September 21, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions ly Debora Lawson Code Compliance Officer 850.3063702/850.612.9714 cerning this matter, you may call me at (850) 683-0896. EXHIBIT # �. Page 425 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE VIOLATION: CH 38 SEC 65 ATTACHMENTS QUANTITY: 1 DESCRIPTION: OVERHANG -AWNING -CANOPY -SIGN DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product;. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair, or replace, the gutter, downspout, chimney -flue, vent attachment, or overhang extension. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. Please call Elizabeth Roy 850-682-1560, for information pertaining to the Downtown Overlay District. EXHIBIT t Page 426 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1 DESCRIPTION: EXTERIOR SURFACE DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (e) Exterior walls: Exterior walls of buildings shall be: (1) Maintained free from holes, breaks, and loose or rotting materials: and maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Repair or paint the exterior walls of the building that contains any of the following. (1) Holes, breaks, and loose or rotting materials. (2) Repair or replace any decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features. (3) Remove, repaint, any graffiti on the building to EXHIBIT # Page 427 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE CORRECTIVE ACTION REQUIRED : match existing surfaces. (4) Repair, replace or repaint, the exterior surface of the building, to include, doors, window frames, cornices, porches, decks, trim, balconies, fences, and docks. All stairs shall be maintained safe and free from tripping hazards (5) Repair, replace or repaint the exterior porch, balcony, stairs, fire escape, banisters or railings Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 65 SUPPORTS QUANTITY: 1 DESCRIPTION: WOOD OR METAL SUPPORTS DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound EXHIBIT # Th Page 428 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001298 PROPERTY ADDRESS 638 REED AVE ORDINANCE DESCRIPTION : condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Replace the wood or metal supports that are rusty or rotten. VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 7/21/21 LOCATION: ORDINANCE DESCRIPTION : 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining a building permit and repairing, or removing the accessory structure from the property. You may contact the permitting department © 850-689-1619 ext. 254 or 261. EXHIBIT # Page 429 of 656 Crestview h Wilson Street r, FL 32536 .7' • 'r .� on the mverme and 3: P your rint can the card to you. Ate this card to the back of the malipiece, or on the front ifisPace � JC AWS fdf4)0 tkfkkof/ (Ao) op, or Ill 3Zy3°l 9594 9402 6373 0303 1228 91 111 Plasit B. Received by CDate of Delivery HY a 19 DNO dainty aService lYpe *OM Mal Reseloted Whew pCole* to Deliveig Want enOMvKY edoelvMY 2 Artois Number pester from service isbe0 d a ur>ted pNwiy ,ayy 35nn nano 9133 444 5 Somati Receipt PS Fon�n 3811, July 2020 �� : AIL. �1191�I'�lilll l�il�li�q 0000 9133 0445 0000 9133 0445 NEOPOST IIS POSTAGE Rigrat • OPdodb PAM WOWS 0 =wed IASI Matted nMoto* Oontrrnegyfill Signature oonennal0"y Reatraged FIRS] C.. ASS MAtl $007 33° ZIP 32536 041M11297338 EXHIBIT # �. Page 430 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: October 20, 2021 Annie M Scarbrough (Heirs Of) 638 Reed St Crestview, FL 32539-4622 RE: CASE# 21-1298 Dear Property Owner. You are hereby formally notified that on December 7, 2021, at 5:30 PM., 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 638 Reed St, Crestview, FL 32539, more particularly described as: PIN# 16 -3N -23-2690-0005-003B LEGAL DESCRIPTION: WINGARD ADD 50 FT N & S BY 140 FT E & W IN SW COR LOT 3 BLK 5 LESS SWLY 50 FT OF NWLY 10 FT & LOT 3 EXC 50 FT BLK 5 AS OR 1144-204 ANDS 10FT OF VAC R/W AS PER OR 1473-912 The Special Magistrate has the power to levy fines up to $250 per day fora fast violation, and up to $500 per day fora repeat violation. If the Special Magistrate fmds 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). Enct: Nottoe of Violation EXHIBIT # Page 431 of 656 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. 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. ly Deborah Law on Code Compliance Officer 850.305.3702/850.612.9714 !we 53A Appee& E Revised DUI EXHIBIT # Page 432 of 656 Case # 21-1298 638 Reed Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (j), (k), (n), (q) (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Structural Supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. Corrective Action Required: Obtain a building permit and repair or replace the exterior surface treatment, structural supports, and overhang extensions. Obtain a roofing permit and repair or replace the roof. Code of Ordinance Violated: Chapter 38 Section 66 Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Corrective Action Required: a. Obtain a building permit to demolish the unsafe structure and remove all demo debris from the property. b. Obtain a licensed engineer to perform a structural evaluation and submit a letter to the Building Official stating the findings as to the condition of the structure, submit plans, applicable documents and pay associated fees. EXHIBIT # Page 433 of 656 11/23/21, 5:22 PM USPS.corn® - USPS Tracking® RQsults USPS Tracking® Track Another Package + Tracking Number: 70143490000041566710 FAas > Remove X Your item was delivered to an individual at the address at 3:19 pm on November 4, 2021 in CRESTVIEW, FL 32539. G Delivered, Left with Individual November 4, 2021 at 3:19 pm CRESTVIEW, FL 32539 r ▪ - .A 111 ra 0 O O O O m rq 0 N U.S. Postal Service CERTIFIED MAIL`' RECEIPT Domestic M,i1 Only Fardo-flvery iniormntior.. v:5 ii 0:ir _:r. s!' _ . t tE Poems CertlNed Fee eceipt Fee (Endorsementse Required) Restricted Delivery Fee (Endorsement Required) 1b a1 Peetsue & Fees $ 3 ZO AON FUre sn _ 11 CD CD cr n v u v :SS" Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. EXHIBIT # 1( httos://tools.uscs.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=MLabels=70143490000041566710%2C Page 434 of 1 6 BUILDING OFFICIAL STRUCTURAL DETERMINATION CHAPTER 36.65 IMPROVED PROPERTY STANDARDS 7//Y4I DATE 638 Reed Ave O (a) FOUNDATION O (b) WOOD SUPPORTS O (c) METAL SUPPORTS O (d) SKIRTING O (e) EXTERIOR WALLS o (f) WINDOWS O (g) SHUTTERS O (h) EXTERIOR DOORS O (I) EXTERIOR DOOR FRAMES AND STOREFRONTS 0) EXTERIOR SURFACE TREATMENT yiN (k) STRUCTURAL SUPPORTS o (1) PORCHES AND BALCONIES -IO IQ ADDRFSSLOCATION OF VIOLATION O (m) STAIRS 7(n) ROOFS O (o) GUTTERS AND DOWNSPOUTS O (p) CHIMNEYS, FLUES, AND VENT ATTACHMENTS (qJ OVERHANG EXTENSIONS O (r) INSECT SCREENS 4) ACCESSORY STRUCTURES O (t) SWIMMING POOLS O (u) RODENT HARBORAGE O (v) EXTERIOR LIGHTING O (w) FENCES AND WALLS O OTHER: -OMMENTS/CORRECTIVE ACTION(S): �rwr a,J ,4e .r-- ✓ / ,te 1"7 OT 4'/'e to -z eicry 51r. --6114-e. 17.e !t -eS.50 7 s,4re. $3. vac ' J ,eif i fe f ,ot ( r7 f I L7tire �i regf 7� h� ✓t ree hi Ls CCvsi.y so r 4"� 4s- 5 f AA" it 7 ��Gh ,VVT �S Ur d�� j�'r 4,T45 74 re# 4 td efteet t. f for— Ji firti ..%)`.01‘7 /LIG/ Ale" PRINTED NAME OF BUILDIG CFR IAL EXHIBIT # `� 744 a� Page 435 of 656 CASE # 21-1298 636 Reed EXHIBIT # Page 436 of 656 CASE # 21-1298 63s Reed EXHIBIT # Page 437 of 656 CASE # 21-1298 638 Reed EXHIBIT #` Page 438 of 656 CAL #21-1298 63 teed EXHIBIT # 1 Page 439 of 656 CITY OF CRFSTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestuiew, FL 32536 Crestview, Florida, Petitioner, vs. Heirs of Annie M Scarbrough 638 Reed Street Crestview, FL 32539 Respondents. CASE# 21-1298 City of FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on December 7, 2021. 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, Heirs of Annie M Scarbrough, whose last known mailing address is 638 Reed Street, Crestview, FL 32539, is the owner of the property located at 638 Reed Street, Crestview, FL 32539, AKA PIN# 16 -3N -23-2690-0005-003B, and more particularly described as: WINGARD ADD 50 FT N & S BY 140 FT E & W IN SW COR LOT 3 BLK 5 LESS SWLY 50 FT OF NWLY 10 FT & LOT 3 EXC 50 FT BLK 5 AS OR 1144-204 AND S 10FT OF VAC R/W AS PER OR 1473-912 2. The conditions on the property consist of a deteriorating primary structure and an unsafe accessory structure. The violation(s) were first observed on July 6, 2021. A Notice of Violation was mailed by certified mail July 21, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (j), (k), (n), (q), and Sec. 66 of the City of Crestview's Code of Ordinances and requested correction of the violation by August 4, 2021. Re inspection of the property on August 16, 2021, confirmed that violation(s) continue to exist on the property. Inst. #3511667 8k 3592 Pg: 545 Page 1 of 3 Recorded_ 12/912021 3:23 PM RECORDING ARTICLE V. $1200 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA Page 440 of 656 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 - Section 65 (j), (k), (n), (q), and Section 66 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 January 7, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or January 7, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a roofing permit and repair or replace the roof. Obtain a building permit and repair or replace the exterior surface treatment, structural supports, and overhang extensions. Page 441 of 656 b. Obtain a demolition permit and demolish the accessory structure. Remove all demolition debris from the property or, c. Obtain a licensed engineer to perform a structural evaluation and submit a letter to the Building Official stating the findings as to the condition of the structure, submit plans, applicable documents and pay associated fees. 10. If the violation(s) are not corrected by January 7, 2022, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' responsibility to notify the City whemthe 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 6.7796 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 7th day of December 2021. Samuel B. Taylor olgltally signed by Samuel 0. T Date 2021.12.09 143756 -06'00' 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. Page 442 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE Crestview, Florida, Petitioner, vs. Heirs of Annie M Scarbrough 638 Reed Street Crestview, FL 32539 Respondents. 198 Wilson Street f"--a- Crestview, FL 3 Inst. #3595746 Bic: 3654 Pg: 3394 Page 1 of 3 Recorded: 12/1312022 207 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA City CASE# 21-1298 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for pul.lic hearing before the Special Magistrate on December 7, 2021. 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, Heirs of Annie M Scarbrough, whose last known mailing address is 638 Reed Street, Crestview, FL 32539, is the owner of the property located at 638 Reed Street, Crestview, FL 32539, AKA PIN# 16 -3N -23-2690-0005-003B, and more particularly described as: WINGARD ADD 50 FT N & S BY 140 FT E & W IN SW COR LOT 3 BLK 5 LESS SWLY 50 FT OF NWLY 10 Fr & LOT 3 EXC 50 FT BLK 5 AS OR 1144-204 AND S 10FT OF VAC R/W AS PER OR 1473-912 2. The conditions on the property consist of a deteriorating primary structure and an unsafe accessory structure. The violation(s) were first observed on July 6, 2021. A Notice of Violation was mailed by certified mail July 21, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (j), (k), (n), (q), and Sec. 66 of the City of Crestview's Code of Ordinances and requested correction of the violation by August 4, 2021. Re inspection of the property on August 16, 2021, 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. Page 443 of 656 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 - Section 65 (j), (k), (n), (q), and Section 66 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 January 7, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or January 7, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a roofing permit and repair or replace the roof. Obtain a building permit and repair or replace the exterior surface treatment, structural supports, and overhang extensions. b. Obtain a demolition permit and demolish the accessory structure. Remove all demolition debris from the property or, c. Obtain a licensed engineer to perform a structural evaluation and submit a letter to the Building Official stating the findings as to the condition of the structure, submit plans, applicable documents and pay associated fees. 10. If the violation(s) are not corrected by January 7, 2022, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' responsibility to Page 444 of 656 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 7th day of Decernher 2021. CERTIFIED A TRUE Samuel B. Diaylor gitally signed by Samuel AND T CORRECT CQP Taylor Date: 2022.12.06 11:08:50 8Y: Special Magistrate City of Crestview, Florida DATE: �-- 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. Page 445 of 656 22-52 207 W Cobb Owner of Record: Leonard Lee 595 Benjamin St Origination Date: 10/14/2021 Origination Code: Police Dept Referral Violations: Chapter 38 Section 18 - (b) Trash, debris, junk Corrective Action Required: Remove all debris, tree debris and trash from property. Notice Sent: 10/18/2021 Signed: 10/19/2021 Compliance Date: 10/28/2021 Inspected: 11/3/2021 Results: In Violation Notice Sent: 12/8/2021 Signed: 12/11/2021 Compliance Date: 12/22/2021 Inspected: 12/27/2021 Results: In Violation Public Hearing Notice Sent: January 12, 2022 Signed: January 14, 2022 Property and City Hall posted on 2/3/2022 Hearing Date: February 15, 2022 Property remains in violation. Order Recorded: February 18, 2022 Hearing fee: $250 Due by 3/14/2022 Daily fine: $250 Start:3/14/2022 Fines: $132,000 as of August 23, 2023 Property Value: $25,260 Wet Stamp Recorded: November 18, 2022 Page 447 of 656 22 52 207 W Cobb Related Properties: 132 S Booker St 17-3N-23-2490-0076-0160 Leonard Lee Case # 21-1038 Hearing Date: October 19, 2021 Fines: $162,000 Violations: Trash/debris, Property exterior, wood supports, windows, structural supports, roofs, chimneys, flues, vent attachments, overhang extensions, rodent harborage, fences and walls, accessory structures, abandoned equipment/furniture, building exteriors, solid waste. 490 Martin Luther King Case # 19-814 17-3N-23-2490-0077-0100 Heirs of Leonard Lee Hearing Date: November 17, 2020 Fines: $188,500 Violations: Criteria to demolish 595 Benjamin St 20-3N-23-0000-0117-0010 Leonard Adib Lee Case # 22-120 Hearing Date: January 18, 2022 Fines: $138,750 Violations: Trash/debris, inoperable vehicles, overgrown vegetation, exterior walls, windows, exterior doors, exterior surface treatment, structural supports, porches and balconies, roofs, overhang extensions, exterior lighting Page 448 of 656 22-52 207 W Cobb Ave February 15, 2022 Exhibit 3 1 Page 449 of 656 'icr 14. 2021 (i Z2Af17 - 215 W Cobb Ave Crestview FL 32536 United Scat ; ,=i '•; ear -. October 14. 2021 08:43AM 215 W Cobb Ave Crestview FL 32536 United States McEmber• 27, 2O2 01:44PMl 498 S Wilson St Crestview FL 3253E ' ?-r i } c 06. 2021 10:32AM r w ' 498 S Wilson St Crestview FL 32536 `Jtirrunry 11, 2022 02:500-I ,4 215 W Cobb Ave ` C res gew L3.2 36 Lirr 'January 25. 2022 11:58AKIPI 200-298 W Cobb Ave Crestview FL 32536 ' February 03, 2022 09:46AM 215 W Cobb Ave Crestview FL 32536 .....r....r aw..-.�4.+a..wnr.wr..r..r...... —1 -1waM aaWMAtw/VV.MpwaMY.R.IIa1YMt,• .�rr�.. Iowa • L Mirk wi rrKr ri. M.r Y•r.�.rrr.wwY�yr.Yww' rn aaw�w J.►w.'wrawr....ti1.ww.tMlr.rtW�M • Mai _4 rw.�I.Iwwti.a.r.sY.ilMwf V�M.I�+Is�.rN /...4r.wrraYllr V tl.I.+a �r.1�w..lw *N.Y. 4 Vr+..err w.HwM rHr��il4r. 1NY/.Ntrn.�Jri. r+V.�MYr.+.w..1M.rr�.lwMYvWw.*ri February 03. 2022 ❑9:46AM . 215 W Cobb Ave Crestview FL 32536 Case 22-52 207WCobb momMmoi February 03, 2022 12:35PM 198 N Wilson St Crestview FL 3753 t . r 1.•: Co py SERVICES DEPART/ ' CODE COMPLIANCE DIVISION x �m Mao) 61,2o11D6 xaa PVmZJCas Rfl DATE: 011 22002 Lamed Lo Loo Pecwtrillwy C.eltl.n, PL 3111 Sao CARTA 21140 Door r.eol.gr OM= Yeeelrl..dry i.rel!'mrt!lM*el enh � maim, rr 11•irlyt stow >l tirrdot1110M�Yeodl.e�t 325361 C�b018. to 7.. butoparty, Wallow es Ie..Ye et 2Y► waMtt A+d se,O'ellM.q l/f 131114 •erw ti elr'4' de�eel6ed pow ty_3M 01sameRACAL i scitll1103 CRIKOTYDIVO Lox SL6 ME 1!O goolm000 dm L__ �'�a•..l rtyfeiel.o. ris *. levy `m upJMQ.70 �� �io�etvlNet_____ tn..oW_ 4eeew, Mle� mot to oolog •�b�OARW.�tp000d. ty-ye �Le or wsl.t4.eeeyMi�jn.et �e Usk w.e�e+rr.�i_ 1 apouldM e.r wql & tribe ooso. mod ammo eti.,eel..ut elwn...ee.Y1.se.t+w Owes wprqulusiul*aee/eImo . s. �se.wdtNne.rwwrs e.... Spada 1i•arwonion lomonoiliy pouarailm sou Hy �molt �ANN wtr.e.ewraM i� i.1..3.3.1111. c.rgre olo� y{ol'eAemoe re6rstemooulr _ February 15. 2022 08:52AM 215 W Cobb Ave Crestview FL 32536 EXHIBIT # Page 454 of 656 1 ebr nary 15, 2022 08:52A1V1 215 11'11 Cobh Ave Crestvie.ty FL 3253G EXHIBIT # ' Page 456 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: October 18, 2021 Case #: 22-00000052 LEONARD LEE 320.FORREST PARKWAY CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 207 W COBB AVE Tax Identification Number: 17-3N-23-2490-0130-0050 Legal: CRESTVIEW LOTS 5 & 6 BLK 130, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by October 28, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistratehas the authority to impose fines of up to S259A0 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If -you have any question concerning this matter, you may call me at (850) 683-0896. Su cprly, r ,9a r Ce in �iarre Officer EXHIBIT # .3 - Page 457 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000052 PROPERTY ADDRESS 207 W COBB AVE VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 10/18/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # .3 Page 458 of 656 2/8/22, 2:58 PM USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tacking Number: 70113500000091340376 FAQs > Remove X Your item was delivered to an ir`dividual at the address at 1:09 pm on October 19, 2021 in CRESTVIEW, FL 32539. USPS Tracking Plus' Available \/ el Delivered, Left with Individual October 19, 2021 at 1:09 pm CRESTVIEW, FL 32539 N m 3500 0000 9134 U.S. Postal Service CERTIFIED MAIL RECEIPT jDomestec Mau Only: No Insurance Cotie'raoe Provided) FIB; Poetepe { ! x F110 'r,tsratFee - sw a:►+rM Total Poeta0e & Feas I .' 1-4 rffivet 1ti }crPa6mrxo. 3Z 18 2V` _w R. > v See Less /\ EXHIBIT # .g Itttps://tools.uses.com/go/TrackConfirmAction?tReHullpage8tL Mext28777=&tLebe1s=70113500000091340378%2CMABt=false 1/2 Page 459 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: December 8, 2021 Case #: 22-00000052 LEONARD LEE 320 FORREST PARKWAY CRESTVIEW , FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is uu«c,ttly in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 207 W COBB AVE Tax Identification Number: 17-3N-23-2490-0130-0050 Legal: CRESTVIEW LOTS 5 & 6 BLK 130, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 22, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview In cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sip ly; -D orah Lawson Code Compliance Officer 850.3063702/850.612.9714 EXHIBIT# Page 460 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000052 PROPERTY ADDRESS 207 W COBB AVE VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1 DESCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 12/08/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature, from the property. cylvErTif 3 Page 461 of 656 2/8/22, 2:59 PM USPS Tracking® USPS.com® - USPS TracIdnge Results Track Another Package + Tracking Number: 70143490000041567281 FAos > Remove X Your item was delivered to an individual at the addresfi: at 1:24 pm on December 11, 2021 in CRESTVIEW, FL 32539. USPS Tracking Plus' Available u & Delivered, Left with Individual December 11, 2021 at 1:24 pm CRESTVIEW, FL 32539 U.S. Postal Service.' CERTIFIED MAIL' RECEIPT CRmeshe M811 Only _i 6! "..1. rr!n.71I O:'t %1st, out wit SIM 9t rrWw,uUpn reply O F F I -, u, rR Peale. Conrad Fie t Rom Recolpf Fes . , r M ibfrPoems &Fess `$ lJ Nwitxxxl 1 2 See Less /• EXHIBIT# 3 a t= httpsJftools.usps cornlgo/TradcConfinnAction?tRef=fullpage& 2&text28777=&tLebels=701434900000415ti7281 %2C 1/2 Page 462 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 01/12/2022 Leonard Lee 320 Forrest Parkway Crestview, FL 32539 RE: CASE# 22-52 Dear Property Owner: You are hereby formally notified that on February 15, 2022, at 5:30 P.M., there will be a Public Hearing at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 m the Council Chambers. This meeting is being held concerning violations that continue to exist on a parcel of property belonging to you located at 207 W Cobb Avenue, Crestview, FL 32536 more particularly described as: PJN# 17-3N-23-2490-0130-0050 LEGAL DESCRIPTION: CRESTVIEW LOT 58c6 BLK 130 The Special Magistrate has the power to levy fines up to $250 per day fora 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 ()film 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 # Page 463 of 656 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. :mw' .12 Deborah Lawson Code Compliance Officer 850.305.3702/850.612.9714 Fora SSA AppmdEt Revised 2181 EXHIBIT # 3 Page 464 of 656 Case # 22-52 207 W Cobb Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (b) 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, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Corrective Action Required: Remove all trash and debris from the property. EXHIBIT # 3 Page 465 of 656 ( CI 0 C1 U.S. Postal Service CERTIFIED MAIL RECEIPT Domestic Mail Only For deliver; 1ntotrn tloil vw t Our ,ve'_-rid, . ! ns,t..:ap> . 'n Corned For (Embroilment Require* o ieue Pain. IL Paw M1 1 ✓V 41. n • 4bmpieee items 1. 2, and 3. Print your yarns and address on the tr9veiee sa that we can return the card to you, Attach this card to the back of the mallpteoe, or on the front N apace permits. 1Ul�D i 37,0 foftc-fr �-rt� IAN PL 1111111111111111111111111111 9590 9402 6373 0303 1236 45 A. Amide Nurrdi@r.Rheufimrfrom setter 4,00 x Q POO O Addressee B. Received by Mated Nano) IC. Date of Deavery D. Is debYay adios ditiermat m Item 1? ti Bye RYEBenter delivery address beam pr No . Service lYpe MIA Alenabsa ReetrbtedDeeesy -:• MN. aliened OM Restricted balmy D Collect cnDdvey l7 ooaeotatDelivery RawkMdDell y 7014 3490 0000 4156 7502 ReseleadDON'T P5 Form 3811, July 2020 P8N 7530-02.000-9053 Riodiv Ma Emma, 00 aereired1 0=id tlbeRwtrkted SprseluntCankinelicam filiputureCcallmullon Roetrlooed Many Domestic Rehm Receipt EXHIBIT # 3 Page 466 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.Q. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-52 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 3rd day of February 2022, I personally posted said Notice of Hearing at: 207 W Cobb Avenue, Crestview, Florida, in the County of Okaloosa. Apapy of said notic e 8 attached hereto. .01 pant's Signature 2 -IS I St Date Before me, the undersigned authority personally appeared, Deborah Lawson, 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 3rd day of February 2022. (SEAL) NOTARY PUBLIC: !1 Jordan Danis Notary % c, State of Florida dMy Commkesion Scpires 00-00-2023 Commission Node MY COMMISSION EXPIRES: ijt j n. Form 54 Appendix 9 3 Page 467 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North City of Crestview, Florida, Petitioner, vs. Leonard Lee 320 Forrest Parkway Crestview, FL 32539 Respondents. Crestview, FL 32536 CASE# 22-52 Inst. #3527990 Bk 3605 Pg: 1502 Page 1 of 3 Recorded: 2/19202212:44 PM RECORDING ARTICLE V. $1200 RECORDING: $15.00 DEPUTY CLERKAPRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Leonard Lee, whose last known mailing address is 320 Forrest Parkway, Crestview, FL 32539, is the owner of the property located at, 207 W Cobb Avenue, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0130-0050, and more particularly described as: CRESTVIEW LOTS 5 & 6 BLK 130 2. The conditions on the property consist of debris . The violation(s) were first observed on October 14, 2021. A Notice of Violation was mailed by certified mail October 18, 2021, and received by respondent on October 19, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by October 28, 2021. Re inspection Page 468 of 656 of the property on November 3, 2021, 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, 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 March 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. Page 469 of 656 9. On or before March 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all debris, tree debris and trash from the property. 10. If the violation(s) are not corrected by March 14, 2022, a fine in the amount of $250.00 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 February 2022. Samuel B. Digitally signed by Samuel B. Taylor Taylor o r Date: 2022.02.18 0950:32 Y -06'00' 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. Page 470 of 656 CITY OF CRESTVIEW FLORIDA City of Crestview, Florida, Petitioner, VS. Leonard Lee 320 Forrest Parkway Crestview, FL 32539 Respondents. SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 Inst. #3591821 Bk: 3Ei51 Pg: 4532 Page 1 of 3 Recorded: 11/18/2022 1238 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNTY. FLORIDA CASE# 22-52 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Leonard Lee, whose last known mailing address is 320 Forrest Parkway, Crestview, FL 32539, is the owner of the property located at, 207 W Cobb Avenue, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0130-0050, and more particularly described as: CRESTVIEW LOTS 5 & 6 BLK 130 2. The conditions on the property consist of debris . The violation(s) were first observed on October 14, 2021. A Notice of Violation was mailed by certified mail October 18, 2021, and received by respondent on October 19, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (b). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by October 28, 2021. Re inspection Page 471 of 656 of the property on November 3, 2021, 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, 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 March 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. Page 472 of 656 Samuel B. Taylor 9. On or before March 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove all debris, tree debris and trash from the property. 10. If the violation(s) are not corrected by March 14, 2022, a fine in the amount of $250.00 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 February 2022. CERTIFIED A TRUE AND CORRECT P0� Y Digitally signed by Samuel B. Taylor Date: 2022.02.18 09:50:32 -06'00' Special Magistrate DATE: 10 - 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. *s, Page 473 of 656 2Aug 29, 2023 at 2:49:47 PM 215WCobbAve "" Crestview FL 32536 %Aug 29, 2023 at 2:51:59 PM:, 571 S Wilson St Crestview FL 32536 #M.gT - ._. rrMir 7"^ ice, ?[+IIf"' . Aug 29, 2023 at 2:52:06 PM:u . V 505 S Wilson St Crestview FL 32536 Case # 19-813 498 Spring Owner of Record: James E Youngblood III P.O. Box 293 Destin, FL 32540 Origination Date: 06/20/2019 Origination Code: Anonymous Complaint Violations: Chapter 38 Section 4 (4) Trash/Debris/Vegetation. Corrective Action Required: a.) Remove all trash, debris, junk, and vegetation from the property. Notice Sent: 10/23/2019 Signed: No tracking info Compliance Date: 11/07/2019 Inspected: 11/07/2019 Results: In Violation Public Hearing Notice Sent: 12/16/2020 Signed: No tracking info Hearing Date: 1/19/2021 Property remains in violation. Order Recorded: 1/25/2021 Re-recorded with wet stamp 11/18/2022 Hearing fee: $250 Due by 2/22/2021 Daily fine: $250 Start: 3/22/2021 Fines: $221,000 as of August 23, 2023 (not including interest) Property Value: $2,683 Related Properties: 957 B Street 13-3N-24-0770-0002-0080 James E Youngblood III Et AL No cases found Page 476 of 656 Case # 19-813 498 Spring St May 16,2023 Exhibit 6 Page 477 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL3253b City of Crestview, Florida, Petitioner, vs. James E Youngblood III, Respondent. V.ARRA 1 o_Q1 o Inst. #3591820 Blc 3651 Pg: 4519 Page 1 of 3 Recorded: 1111812022 1238 PM RECORDING ARTICLE V. $12.00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK 9F COURTS, OKALOOSA COUNTY, FLSrtIDA FINDINGS OF FACT, CONCLUSIONS OF LAWAND ORDER This case was presented for public hearing before the Special Magistrate on January 19. 2021. 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, James E Youngblood III, whose last known mailing address is PO Box 293 Destin, FL 32540, is the owner of the property located at, 498 Spring Street. Crestview; FL 32536. AKAY1N_# 17-3N-23-2490-0057-0070, and more particularly ly described as: CRFSTVIEW E 1/2 LOT 7 ELK 57 2. The conditions on the property consist of excessive overgrowth, trash, and debris. The violation(s) were first observed on October 20. 2019. A Notice of Violation was mailed by certified mail October 20.2019. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4 (4) Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by November 7.2019. Re inspection of the property on December 4, 2QjQ, confirmed that violation(s) continue to exist on the property. On EXHIBIT # Page 478 of 656 January 7 2021, Code Enforcement posted Notice in accordance with Florida Statute 162.12, at 498 Spring Street North and 198 Wilson Street North. A signed Affidavit has been executed and placed in the Official Record. 3. Proper notice of the cited violations and the notice of hearing was served on the Respondent, and the Respondent was provided 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. 38-4 (4) - Maintain a ipublic nuisance prohibited, of the City of Crestview's Code of Ordinances. 5. The Respondent was 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 1 find to be reasonable and appropriate under the circumstances. 7. If the Respondent fails 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 Respondent to correct the Violations, and any previous violations committed by the Respondent. EXHIBIT# l�Q Page 479 of 656 ORDER: Based on the foregoing, it is hereby ORDERED and ADJUDGED that: 8. On or before February 22.2421, the Respondent shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of 5250.00. 9. On or before March 22. 2021, the Respondent is to correct the violation(s) by conducting the following action(s): Remove the excessive overgrowth, trash, and debris from the property. 10. If the violation(s) are not corrected by March 22.2021, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondent' 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. Done and Ordered on the 19th Day of January 2021. CERTIFIED A TRUE AND CORRECT COPY Special Magistrate City of Crestview, Florida *tom DATE: t-- t' —;L 22--- 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. EXHIBIT # .Q Page 480 of 656 498 N Spring St Crestview FL 32536 498 N Spring St Crestview FL 32536 May 04, 2023 09:21 AM • Jtiti .44-6 Ito Am. Case # 19-813 498 S Spring Street 153 W Woodruff Ave Crestview FL 32536 Ma 04, 2023 10:38AM . ; TOT CSttTS'3w" Ik:W P�OOIHPI.LA".CL31iV3sroN �v19tlh•c11 xh.! ' - tvio'sv, FL 39599 also)6fig• nfigh r nva. r•.'.. p7'flL i. rmI4Rf) 4 • .1 n„ ).1 .mn r..••., r 4 ]1.r �s•.[_r*Rz. miff �+ .�.. I...•�.�.r.c.., r... y„ f1ii. . -� os. P..W.. barn. Q Y .wrr... on- .. Wm.. W...1 Re.. r - :.a° cp..a1a. u.ue...-nN. . .... . r, r rt.,at... ►w. ar..n.....r ...., ,bn."K.rb bak..+�.s .0 w�.•.... ' Aww 6—, M- - rp w l R1pjrV .l•t.'. � s.L._ K 7 78L t meld Iwo .0 ......4., .±��I.wr IM 7ti �_ .•WI . R,. 1 ......,......,...z...-.1............ ....... ...7.. +«.14:::...............::::...1.m. . 7•••:::•1.1..,....„ - �".�-•r M.A.rM. d. . '�rh. u..b.. ti .... Ap.442••uOVw Y, .. wr w . M. 0..•1, V b.'h4a/ it, � ••••• r . Oa., .^r.n......,.hr. •�.r Wu C. 498 N Spring St Crestview FL 32536 ay 16. 2023 09:55AM Ave'''. • "J. • , rlX .•0. l .. jai EXHIBIT Page 484 of 656 98 N Spring S 4 Crestview FL 32536 3 May 16, 2023 09:56M/1'0'w'; ` _ CITY OF CRESTVIEW CODE COMPLIANCE DIVISION 201 Stillwell Blvd Crestview, FL 32539 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 3/27/2023 James E Youngblood III P.O. Box 293 Destin, FL 32540 RE: CASE# 19-813 Dear Property Owner: You are hereby formally notified that on May 16, 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 498 Spring Street, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0057-0070 LEGAL DESCRIPTION: CRESTVIEW E 1/2 LOT 7 BLK 57 The Special Magislrate 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 # lQ Page 486 of 656 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. t,cercly, Ibebiorah Lawson Code Compliance Officer City of Crestview 850.306.3702/850.612.9714 EXHIBIT # Form 53A Appendix 8 Revised 2011 Page 487 of 656 Case # 19-813 498 Spring Street Statement of Violation Code of Ordinance Violated: Chapter 38 Section 4 (4) (Ord. 1774) The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably case disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. Corrective Action Required: Remove the accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. EXHIBIT # lQ Page 488 of 656 City of Cr estview . . Code Compliance hI 201 Stillwell Blvd. < . Crestview, FL 32539 �I�II��IIIIIIIIIII "‘" 71122 2410 0000 0915 1732 T 1 � 999 JO 6817 abed James B Y oungblood III P.O. Box 29 3 Destin, FL 14dn CITY OF CRESTVIEW CODE COMPLIANCE DIVISION 201 Stillwell Boulevard, Crestview, Florida 32539 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 19-813 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, and that on the 4th day of May, 2023, I personally posted said Notice of Healing at: 498 Spring Street, Crestview, Florida, in the County of Okaloosa. A copy of said nptice is attached hereto. J' G F v Affiant s Signature Date Before me, the undersigned authority personally appeared, Deborah Lawson, 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 4th day of May 2023. (SEAL) Y 4Q':¢•4!".E NANCY HOUGH rr � ` Commission t HH 325870 Expires November 5, 2028 Form 54 NOTARY PUBLIC: MY COMMISSION EXPIRE EXHIBIT # 11 Appendix 9 Page 490 of 656 EXHIBIT -A 19-813 498 SPRING STREET Violation of the City of Crestview Code of Ordinances Chapter 38 -Section 38-4 (4). .;. v egetation, Debris, Junk and Trash EXHIBIT # U. Page 491 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 19-813 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 7th day of January,2021, I personally posted said Notice of Hearing at: 498 Spring Street and 198 Wilson Street North, Crestview, Florida, in the County of Okaloosa. co; y of sai: notice's attached hereto. mk_fit ant's Si i i uie I_ l'17.02t I ate Before me, the undersigned authority personally appeared, Deborah Lawson, 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 7th day of January 2021. QTARY SEAL O++F���.�,,��c Sheets Gs�168 I Commission No. My Commission Expires April 21, 2023 Form 54 NOTARY PUBLIC MY COMMISSION EXPIRES: 1 EXHIBIT #,,g Exi itBJV „:. A Appendix 9 Page 492 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 DATE: December 16, 2020 CASE# 19-813 James E Youngblood III POBox293 Destin, FL 32540 Dear James E Youngblood III: You are hereby formally notified that on January 19, 2021st 5:30 P.M., there w8l be a Public Hearing at City Hall located at 198 North Wilson Street Crestview, Florida 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 498 Spring Street, Crestview, Florida 32536 and more partiailarlydescrlbed as: PIN # 17-3N--23-2490-0057-0070 CRESTVIEW E 1/2 LOT 7 BLK 57 Violations of the City of Crestview Code of Ordinances Chapter 38 -Sect. 38-4 (4), Vegetation, Debris, Junk, or, Trash have been found to exist at this location. The Special Magistrate has the power to levy fines up to $250.00 per day for a first violation and up to$500 OOper day for a repeat violation,against you and your property, for every day that any violation continues beyond the date set in an Order of the Special Magistrate. Costs of repairs pursuant to PS 162.09. If a Special Magistrate finds the EXHIBIT # Encl: Notice of Violation Page 493 of 656 violation to be irreparable or irreversible in nature, a fine not to exceed $5,000per violation, maybe imposed. If the 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, shall notify the local governing body, which may make all reasonable repairs required to bring the property into compliance and charge the violator with th4 reasonable cost of the repairs along with any fines imposed. If you desire, you have the right to obtain an attorney at your own expense to represent you before the Special Magistrate. You will have the opportunity to present your side of the case and present witnesses, as well as question the witnesses against yon prior to the Special Magistrates ruling. If you desire a verbatim transcript of the proceedings for appeal purposes, you must arrange forecourt reporter to attend the hearing. The Special Magistrate was created pursuant to Florida Statue 162.The purpose of a Special Magistrate is to facilitate the enforcement of local and state laws. Sincerely, Senida Oglesby Compliance Administrator EXHI tI1 tt Page 494 of 656 City of Crestview, a Municipality of the State of Florida Petitioner, vs. James E Youngblood III PO Box 293 Destin, FL 32540 STATEMENT OF VIOLATION 1. Code of Ordinance Violated: Chapter 38 Property Maintenance and Dousing Standards - Maintain a public nuisance prohibited. The existence of any accumulation of vegetation, debris, rubbish, trash, garbs garden trash orjunk, as defined in this Chapter, upon anyparoel ofland, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby pznmhibited and declared to be a public nuisance. 2. Location/Address where violation(s) 498 Spring Street Crestview, Florida 32536 Janus E Y0 00d III 3. Name and address of property owner where violations) exist: t'o HO0` 293 Dustin, FL 32540 4. Description of violation(s): The parcel of land contains an accumulation of overgrowth, weeds, and debris. 5. Date violation(s) were first observed.: June 20, 2019 6. Date owners of property were given notice of violation: October 23,2019 7. Date on/by violation(s) to be corrected: November 7, 2019 8. Date of re-inspecdone: November 7, 2019 — October 6, 2020 — December 16, 2020 9. Results of re -inspections: Non -Complaint EXHIBIT # Page 495 of 656 li:\i‘e4 'OW ore: Ati--7. i• AWN* 'THU I 97 JAN 2021 11:39AM • y 498 N Spring St Crestvew FL 32536 3 MOW Ws - EXHIBIT - A EXHIBIT # I 498 SPRING STREET NORTH ainrogovi misimememomieff i1: k I r1 A'ruki • h J A !i i E SrgSt Orstvi / FL 32533 fit, Page 498 of 656 Owner of Record: Origination Date: Violations: Case # 22-105 Devin N Jones 10-27-2021 798 S Wilson 2306 James Peaden Rd Baker. FL 32531 Origination Code: Building Dept Referral Chapter 38 Section 18 (k) Overgrown Vegetation Corrective Action Required: Remove vegetation exceeding 12 inches in height. Notice Sent: 11/01/2021 Inspected: 12/1/2021 Notice Sent: 12/3/2021 Inspected: 12/20/2021 Notice Sent:01/04/2022 Inspected: 1/10/2022 Signed: Not received Results: In Violation Signed: Not received Results: In Violation Signed: Not received Results: In Violation Public Hearing Notice Sent: 02/10/2022 Hearing Date: 03/15/2022 Property was found compliant 2/14/2023. Order Recorded: 03/17/2022 Compliance Date: 11/10/2021 Compliance Date: 12/20/2021 Compliance Date: 1/10/2022 Signed: Returned to Sender Re-recorded with wet stamp 12/1/2022 Hearing fee: $250 Due by 06/14/2022 Daily fine: $250 Fines: $38,250 Property Value: Related Properties: None found within Crestview City Limits Start: 06/14/2022 as of August 23, 2023 (not including interest) $41,245 Page 500 of 656 22-105 798 S Wilson St March 15, 2022 Exhibit 1 Page 501 of 656 October 27, 2021 11:35AM 798 S Wilson St Crestview FL 32536 United States 798 S Wilso n EXHIBIT # in O I N N Page 503 of 656 March 01. 2022 09:54A 798 S Wilson St Crestview FL 32536 to - Mich ❑3. 2022 02:37PMYy 798 S Wilson St Crestview FL 32536 22-105 798 S Wilson DATE: 0210412022 1 rch 03, 2022 02:37Pi1.'I' 793SWilson St c. Crestview FL 3253E �� LAND t. CLEARI ( ucrrr* a+s.WIZA ►RL OlRT . GRA0l7 :c1 la.p`D.R�x Llil[3P! �,- A�G .24317 .Pi8x!442 arc u 212NWilson St ipL, / r z CITY OF CRESTV EW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION s98 W1Set. abotostNorth Croistakdo, "sestets atego) 68s -o896 1037PC6o PUar.res B4kflW DeolnN Jones 2303 Jima Pagan Road Dam, P1.32531 RKt CASiti 32-x05 DoorPrtopaty Owntr. You tsahtseby ibmsiy notfedtat m lSari l50.]tl2. rt lk3 P.M., Giddirillbd a basic Swtat ad City RE11i leeated at 190 Glros Sheet Meth, Gbatdarr,.P(Pii >2536iaibeOweRChisbSa.7Lia w,aatias M bobta hid ooetaerniaa viol. s tart lgslnaato aidet at s elpiolela:bdwl`i you loattad•at79asWawa Etreyr.Cearide.tiP1:f3RKaaapldId ydsa edrr POW 1747443,2490 0137-0060. LEGAL OT ICRIaTIO[17 C EBEI VMLOTS OTS 1-t7 131X 737 7ba special TrLdrnsta bas die power to levy fool op io $75OApar radAuw b tenpmd" w so *500 pot dap. far a repo* vloWen. tfthe!!peen bM tlnle imevsaMde h mete% aloe, net b aimed 0.000 par violation. r0'M!spaced. IfavkdationoorOhs carnation essletbe-vIdadoe: periwigs seairorsireatbiraDiMebsoli.maim sad waMeq oritihevkdY6os laienporiM s lmovenihia in aim We SPOON kiefeiaavet aetlb the told joeartiser bob. _Yeh rP onto GI tereesrblo tepate:a#had b bdna de prep.*, ere someltm.wt, end direr the violate web ■eaevle wet afar mobs Okra idthGo Booilapseed. 1ftbsCap provirispweriKsewbolos the sp a NGlebaesWledb,eeevatri ear teeunef htpmreoalTea the ewbeswe the EpeaW )tajdr1lU. teed rsehmrr aroY Mieeieda/!• via Mee asdelsod+ederlIt 1.62.010). Ae e15400aepYafesOrderbeemi sattae.wailsepbrrep.Yease•wigtoteoladedYdOkaTaoea Carl 'P* V Reeorde. rd diewaer ONE Ose bode. Mrs SWAM the leaf a .ebieb the riaYNos adopter' epee mile uWsarleepaesiet.7m P WYowwdbY Abe dsYra a.. M.o. MNII.Own• EXHIBIT # L Page 506 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: October 29, 2021 Case #: 22-00000105 DEVIN N JONES 2306 JAMES PEADEN BLVD BAKER, FL 32531 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 798 S WILSON ST Tax Identification Number: 17-3N-23-2490-0137-0060 Legal: CRESTVIEW LOTS 6 & 7 BLK 137, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by November 10, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. Ifg'rou have any questions ccikceming this matter, you may call me at (850) 683-0896. 7. JS�n ely, l' WoA Code Compliance O 850.306.3702/850.612.9714 EXHIBIT # Page 508 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 22-00000105 PROPERTY ADDRESS 798 S WILSON ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 10/29/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # Page 509 of 656 City of Crestview City Ha ll 198 North Wilso n Stre et Crestview, FL 32536 It ? —`::t. .,1 : � 0 j S' ! i--2 ! 1 11 d I II isis 224 - hZS9 95Th 0000 06hE h'[0Z 11 FL 325 NEOPOS1 021141 1 L' '.1-V US POS1A jE 7014 3490 0000 4156 6574 D EVIN N JONES 2306 JAMES PEA,DEN BLVD $004 28 - ZIP 32536 041M11297338 '••• .. BAK ER, F UNC ' k 8144' NIXIE 322 DE 1 9011/22/21 RE TURN TO SENDER UNCL AI MED UNABLE TO FORW ARD SC: 32536343698 x2638.03785-01-35 1111141'111111161 0011 41144419411 41141141401 Page 510 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: December 2, 2021 Case #: 22-00000105 DEVIN N JONES 2306 JAMES PEADEN BLVD BAKER, FL 32531 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 798 S WILSON ST Tax Identification Number 17-3N 23-2490-0137-0060 Legal: CRESTVIEW LOTS 6 & 7 BLK 137, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by December 20, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and S500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. tiwereiy,, I , ti if I v'.3;ftL; t: l Ode Officer EXHIBIT# Page 511 of 656 VIOLATION DETAIL PAGE 1 'CASE NUMBER 22-00000105 PROPERTY ADDRESS 798 S WILSON ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPTION: VEGETATION -WEEDS DATE: 10/29/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. EXHIBIT # Page 512 of 656 City of Crestview City Hall 198 North Wilson Street Crestview, FL 32536 t- - 0 w U W CC m 'J cn �d e N a CC u? W 29'[L 95Th 0000 06hE hips' Page 513 of 656 TainNf41111fl'A91fpy 111111 I IYllllllllAlz1 m1sss 11 7014 349Q 13000 4156 7182 Devin N Jones 2306 James Peaden Rd Baker, FL • 32531 NEOPOST ik -'t C ASS MA IL � C rug $0p4.282 ZIP 32536 041M11 297338 NTXTE 322 DE 1 0012/22/21 RETURN TO SENDEF UNCL AXNED UNABLE TO FORWARD ac: 32536343698 6273$-70484-64 •.44 ittiiiif1liiS'iiiiir,,14111" Mh10. 1119N4ITIOV CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0898 Date: December 30, 2021 Case #: 22-00000105 DEVIN N JONES 2306 JAMES PEADEN BLVD BAICER, FL 32531 Dear DEVIN N JONES, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 798 S WILSON ST Tax Identification Number: 17-3N-23-2490-0137-0060 Legal: CRESTVIEW LOTS 6 & 7 BLK 137, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 10, 2022, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist yt u have any questions concerning this matter, you may call me at (850) 683-0896. EXHIBIT # Page 514 of 656 VIOLATION DETAIL PAGE 1 ' CASE NUMBER 22-00000105 PROPERTY ADDRESS 798 S WILSON ST VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1 DESCRIPT/ON: VEGETATION -WEEDS DATE: 10/29/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18 (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, or weeds from the property. VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 12/27/21 LOCATION: ORDINANCE DESCRIPTION : Nuisance Conditions - 38 - 18. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s). 1. Remove the worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers or any similar material from the property. 2. Affix a valid tag to the inoperable vehicle, or boat, or remove it from the property. EXHIBIT # Page 515 of 656 Page 516 of 656 City of. Cre stview City Hall 198 North Wilso n Street Cre stvie w, FL 32536 a)) 2iiEL 95Th 0000 06tIE h'tOL !II 11 i ?014 3490 0000 4156 7342 D EVIN N JONES FLI325 • 2 PM 2306 JAMES P RATIR. N Rt VT) BAKER, FL !S36 >344336 .EOPOS1 is .::2921 US POSTAGE DHSS Ld A:•5 M411 $004.28( ZIP 32536 041M1 1297338 14 I XI S 322 DE 1 666;./25/22 RETURN TO SENDER UNCLAIMED UNABLE TO FOR WARD 3C: 32336343698 *2638-62733 64-35 1141iaYlhliithli'111ilah-ti1,iiliililliiiI,IIL,;,111; CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32836 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 02/04/2022 Devin N Jones 2.306 James Peaden Road Baker, FL 32531 RE: CASE# 22-105 Dear Property Owner. You are hereby formally notified that on March 15th, 2022, 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 798 S Wilson Street, Crestview, FL 32536 more particularly described as: PIN# 17-3N-23-2490-0137-0060 LEGAL DESCRIPTION: CRESTVIEW LOTS 6 & 7 BLK 137 The Special Magistrate has the power to levy fines up to $250 per day fora 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 # I Page 517 of 656 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. ('Sin ely, a .a 4 6r w -fl 4. Deborah Lawson Code Compliance. Officer 850306.3702/850.612.97I4 Irons 53A A.Rafted 2021 EXHIBIT # Page 518 of 656 22-105 798 S Wilson Statement of Violation Code of Ordinance Violated: Chapter 38 Section 18 (i), (j) (i) Any wom-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titles in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded. Corrective Action Required: Remove the inoperable vehicles from the property or bring them into a state of compliance. Code of Ordinance Violated: Chapter 38 Section 18 (k) All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Corrective Action Required: Remove all overgrown vegetation in excess of twelve (12) inches. EXHIBIT# Page 519 of 656 CERTIFIED IV AIL City. of Crest view City Hall 198 North Wilson Street - Crestview, FL 32536 7011 3500 0000 `1133 8212 999 JO On °Oed fl i i R 325 NEOPOST O2f 1 W 022 2 PM 1 L 7011 3500 0000 133 8212 Devin N Jones 2306 James Peaden Road Baker, FL 32531 UNC 0 Fine US POSTAGE r‘J` FIRSt-CLASS MA4 $007.33° ZIP 32536 041 M11297338 'IXIS 322 DE 1 ONA3l+33i22 RETU-414 TO SENDER 'J AC -AIMED UNABLE TO FORWARD 'C: 32536343635 `2087-06688-10-38 1111'lifll"!111111"'1111111'1'111111'e�{1�1.1111�l�11f1 •'1111' 1 CITY OF __RESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 22-105 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 3rd day of March 2022, I personally posted said Notice of Hearing at: 798 S Wilson St, Crestview, Florida, in the County of Okaloosa. A copy of said notice is attached hereto. ant's Signature Before me, the undersigned authority personally appeared, Deborah Lawson, 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 3rd clay of March 2022. (SEAL) ,0,RY Poe �4o Jordan N Davis * 'MyCommP State ofFl�a "�of, Commission Noission ires 09-09-2023 aQ 955282 Fond 54 NOTARY PUBLIC: MY COMMISSION EXPIRES: pi d ab EXHIBIT # Appendix 9 Page 521 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, Vs. Devin N Jones 2306 James Peaden Road Baker, FL 32531 Respondents. Inst. #3535175 Bic 3610 Pg: 3934 Page 1 of 3 Recorded: 3/17/20221229 PM RECORDING ARTICLE V: 51200 RECORDING: 515.00 DEPUTY CLERK tweidner JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-105 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on March 15, 2022. 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, Devin N Jones, whose last known mailing address is 2306 James Peaden Road, Baker, FL 32531, is the owner of the property located at, 798 S Wilson Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0137-0060, and more particularly described as: CRESTVIEW LOTS 6 & 7 BLK 137 2. The conditions on the property consist of overgrown vegetation . The violation(s) were first observed on October 27, 2021. A Notice of Violation was mailed by certified mail November 1, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (k). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by November 10, 2021. Re inspection of the property on December 1, 2021, confirmed that violation(s) continue to exist on the property. Page 522 of 656 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 frill state of compliance prior to the Notice of Violation deadline and is in violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (k). - 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. On or before June 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of ti, 250.00. 9. On or before June 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the vegetation exceeding twelve (12) inches in height. Page 523 of 656 10. If the violation(s) are not corrected by June 14, 2022, a fine in the amount of $250.00 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 16th day of March 2022. Samuel B. Taylor 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. Digitally signed by Samuel B. Taylor Date: 2022.03.1617:58:01 -05'00' Page 524 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Devin N Jones 2306 James Peaden Road Baker, FL 32531 Respondents. Inst. # 607 Bk 3653 Pg: 806 Page 1 of 3 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V. $1200 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 22-105 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on March 15, 2022. 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, Devin N Jones, whose last known mailing address is 2306 James Peaden Road, Baker, FL 32531, is the owner of the property located at, 798 S Wilson Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0137-0060, and more particularly described as: CRESTVIEW LOTS 6 & 7 BLK 137 2. The conditions on the property consist of overgrown vegetation . The violation(s) were first observed on October 27, 2021. A Notice of Violation was mailed by certified mail November 1, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (k). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by November 10, 2021. Re inspection of the property on December 1, 2021, confirmed that violation(s) continue to exist on the property. Page 525 of 656 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 (k). - 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. On or before June 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before June 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the vegetation exceeding twelve (12) inches in height. Page 526 of 656 10. If the violation(s) are not corrected by June 14, 2022, a fine in the amount of $250.00 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 :snail 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 16th day of March 2022. CERTIFIED A TRUE Digitally signed by Samuel AND Samuel B. 8. Taylor CORRECT COPY Taylor r Date: 2022.03.161758 01 Y -0SOQ BY: Special Magistrate City of Crestview, Florida DATE: ClArt,k CA -o r )-Z. RIGHT TO APPEAL — You have the right, at your own expense, to appeal this Order entered by the Special Magistrate by film& 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. Page 527 of 656 Case # 21-1072 602 E GRIFFITH AVE Owner of Record: Fletcher Julie/ Van Chau Chieu (Life Estate) of 921 Chestnut Ave Crestview FL 32539 Origination Date: 05/25/21 Origination Code: Building Department Referal Violations: Chapter 38 Section 65 (m) Stairs (n) Roofs, Chapter 38 Section 66 Accessory Structures, Chapter 38 Section 69 Vacant Building Standards Corrective Action Required: a.) Repair the stairs and roof of the primary structure. b.) Demolish the accessory structure and remove all demolition debris from the property. c.) Secure the vacant structure to prevent the entry of unauthorized persons by replacing the windows or boarding windows for no more than 99 days. Notice Sent: 05/26/21 Inspected: 06/10/21 Notice Sent: 06/15/21 Inspected: 06/28/21 Notice Sent: 09/30/21 Inspected: 12-06-21 Public Hearing Notice Sent: 07/08/21 and 01/13/22 Hearing Date: 02/15/22 Property remains in violation. Order Recorded: 02/18/22 Hearing fee: $250 Daily fine: $250 Fines: $117,250 Signed: 06/16/21 Compliance Date: 06/08/21 Results: In Violation Signed: 06/16/21 Compliance Date: 06/28/21 Results: In Violation Signed: 10/04/21 Compliance Date: 10/18/21 Results: In Violation Signed:07/13/21 and 01/18/22 Re-recorded with wet stamp 12/01/22 Due by 05/14/22 Start: 05/14/22 as of August 25, 2023 (not including interest) Property Value: $44,859 Related Properties: NONE Page 530 of 656 21-1072 602 E Griffith Ave February 15, 2022 Exhibit 1 Page 531 of 656 C 'OF CRESTVIEW - BUILDING r ;SION 198 WILSON REET N CRESTVIEW FL 32536 850-6$9-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Application pin number . . Property Address TAX -ID NUMBER: Application t e description Subdivision Name Property Use Property Zoning Application valuation . . 21-00002050 685200 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 REROOF LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL 1600 Date 2/14/22 Description of Work Reroot with shingles FL 10124-R29 & 27076.9 Owner FLETCHER JULIE & VAN CHAU C 921 CHESTNUT AVE CRESTVIEW FL 32539 Contractor OWNER Permit Additional desc . Permit pin number Issue Date . Expiration Date . BUILDING PERMIT ROOFING REROOF WITH SHINGLES 211599 8/13/22 Valuation 1600 Special Notes and Comments WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART IL SECTION 713.13 FLORIDA STATUTES_,_AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. BUILDING INSPECTIONS (850)689-1618 WWW.CITYOFCRESTVIEW.ORG USE CLICK2GOV BP TO: 1. OBTAIN PLAN REVIEW RESULTS. 2. SCHEDULE OR CANCEL INSPECTIONS. 3. OBTAIN INSPECTION RESULTS. TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # 1 Page 532 of 656 C: OF CRESTVIEW - BUILDING D' SION 198 WILSON S- <EET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number 21-00002050 Application pin number . . 685200 Date 2/14/22 Special Notes and Comments 4. PAY ALL PERMIT FEES. Other Fees SURCHARGE BP DBPR (BU) SURCHARGE BP BCAIB (BU) EXPIRED PERMIT > 30 DAYS 2.00 2.00 58.00 Fee summary Charged Paid Credited Due Other Fee Total Grand Total 62.00 62.00 .00 .00 62.00 62.00 .00 .00 TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # _\ Page 533 of 656 C ' OF CRESTVIEW - BUILDING D :SION 198 WILSON :._itEET N CRESTVIEW FL 32536 850-6$9-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Pro ertyy Address TAXPID NUI�ER: Application description Subdivision Name Property Use, Property Zoning Permit 21-00002050 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 REROOF LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL BUILDING PERMIT ROOFING Additional desc . REROOF WITH SHINGLES Permit pin number 211599 Pa 3 Date 2/14/22 Seq Required Inspections Insp Code Description Initials Date 10 B131 BLDG, NOTICE OF COMMENCEMENT 20 B136 BLDG, REROOFING AFFIDAVIT 20 B120 BLDG, ROOKNG IN PROGRESS 30 B135 BLDG, ROOF FINAL - /-/- - /-/- EXHIBIT # Page 534 of 656 C_. OF CRESTVIEW - BUILDING D. SION 198 WILSON STREET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Application pin number . . Property Address TAX -TD Ni MBER : Application t e description Subdivision Name Property Use Pro ert Zoning Application valuation . . 21-00002049 Date 8/13/21 557050 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 ALTERATION / REMODEL (NO PLAN REVIEW) LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL Description of Work Repair steps, rafter tails and carport Owner FLETCHER JULIE & VAN CHAU C 921 CHESTNUT AVE CRESTVIEW FL 32539 Contractor OWNER Permit Additional desc . Permit pin number Issue Date . Expiration Date . BUILDING PERMIT ALTERATIONS REPAIR STEPS, CARPORT, RAFTERS 211581 8/13/21 Valuation . 600 Special Notes and Comments WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I SECTION 713.13 FLORIDA TWICCEFOR IMPROVEMENTS CAN EN TOULT IYOUR PROPAYING ERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. BUILDING INSPECTIONS (850)689-1618 WWW.CITYOFCRESTVIEW.ORG USE CLICK2GOV BP TO: 1. OBTAIN PLAN REVIEW RESULTS. 2. SCHEDULE OR CANCEL INSPECTIONS. 3. OBTAIN INSPECTION RESULTS. TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # 1 Page 535 of 656 C I OF CRESTVIEW - BUILDING I ISION 198 WILSON STREET N CRESTVIEW FL 32536 AX 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Application pin number 21-00002049 557050 Pe 2 Date 8/13/21 Special Notes and Comments 4. PAY ALL PERMIT FEES. Other Fees SURCHARGE BP DBPR (BU) 2.00 SURCHARGE BP BCAIB (BU) 2.00 Fee summary Charged Paid Credited Due Other Fee Total Grand Total 4.00 4.00 .00 .00 4.00 4.00 .00 .00 TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. Page 536 of 656 C _' OF CRESTVIEW - BUILDING L 'SION 198 WILSON S.REET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Property Address TAX ID ER: Application description Subdivision Name Property Use, Property Zoning 3 21-00002049 Date 8/13/21 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 ALTERATION / REMODEL (NO PLAN REVIEW) LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL Permit BUILDING PERMIT ALTERATIONS Additional desc . REPAIR STEPS,CARPORT, RAFTERS Permit pin number 211581 Seq Required Inspections Insp Code Description Initials Date 10 B131 BLDG, NOTICE OF COMMENCEMENT 1000 B130 BLDG, FINAL EXHIBIT # l Page 537 of 656 C f OF CRESTVIEW - BUILDING I LSION 198 WILSON �..:REET N CRESTVIEW FL 32536 850-689-1618 FAX 850-q89-4575 permits@cityofcrestview.org Application Number Application pin number Property Address TAX -ID NUMBER: Application type description Subdivision Name Property Use ProprtyZoning Application valuation . 21-00002050 685200 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 REROOF LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL '1600 Date 8/13/21 Description of Work Reroot with shingles FL 10124-R29 & 27076.9 Owner FLETCHER JULIE & VAN CHAU C 921 CHESTNUT AVE CRESTVIEW FL 32539 Contractor OWNER Additional desc . . Permit pin number . Issue Date . . Expiration Date . . BUILDING PERMIT ROOFING REROOF WITH STIINGLES 2118/13/21 Valuation 2/09/22 1600 Special Notes and Comments WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE. EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I SECTION 713.13, FLORIDA STATUTES AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. BUILDING INSPECTIONS (850)689-1618 WWW.CITYOFCRESTVIEW.ORG USE CLICK2GOV BP TO: 1. OBTAIN PLAN REVIEW RESULTS. 2. SCHEDULE OR CANCEL INSPECTIONS. 3. OBTAIN INSPECTION RESULTS. TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # t Page 538 of 656 C : OF CRESTVIEW - BUILDING L 1SION 198 WILSON STREET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number 21-00002050 Application pin number . . 685200 Date 8/13/21 Special Notes and Comments 4. PAY ALL PERMIT FEES. Other Fees SURCHARGEUR BP BCA B (BU) 2.00 Fee summary Charged Paid Credited Due Other Fee Total Grand Total 4.00 4.00 .00 .00 4.00 4.00 .00 .00 TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. HIBIT # Page 539 of 656 C ' OF CRESTVIEW - BUILDING I :SION 198 WILSON a..REET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number TrAX-pIDtNUeress Application description Subdivision Name Property Use, Property Zoning Permit Additional desc . . Permit pin number . 21-00002050 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 REROOF LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL BUILDING PERMIT ROOFING REROOF WITH SHINGLES 211599 Date 8/13/21 Seq Required Inspections Insp Code Description Initials Date 10 B131 BLDG, NOTICE OF COMMENCEMENT 20 B136 BLDG, REROOFING AFFIDAVIT 20 B120 BLDG, ROOFING IN PROGRESS 30 B135 BLDG, ROOF FINAL EXHIBIT # i Page 540 of 656 C f OF CRESTVIEW - BUILDING L ISION 198 WILSON STREET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number Application pin number . Property Address TAX -ID NUMBER: Application type description Subdivision Name Property Use Pro ert Zonin Application valuation . 21-00002051 534302 602 E GRIFFITH AVE 17-3N-23-2490-0151-0070 DEMOLITION- ALL STRUCT LOW DENSITY RESIDENTIAL MULTI -FAMILY RESIDENTIAL 0 Date 8/13/21 Description of Work Demo accessory structure -shed Owner Contractor FLETCHER JULIE & VAN CHAU C OWNER 921 CHESTNUT AVE CRESTVIEW FL 32539 - Structure Information 000 000 demo accessory structure Occupancy Type UTILITY & MISCELLANEOUS Flood Zone FLOOD ZONE X Permit DEMOLITION Additional desc . DEMO SHED Permit pin number 211607 Issue Date . . 2/09/22 Valuation 0 Special Notes and Comments WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART IL SECTION 713.13, FLORIDA STATUTES AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. BUILDING INSPECTIONS (850)689-1618 WWW.CITYOFCRESTVIEW.ORG USE CLICK2GOV BP TO: TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # Page 541 of 656 C _' OF CRESTVIEW - BUILDING I LSION 198 WILSON .,-REET N CRESTVIEW FL 32536 850-689-1618 FAX 850-689-4575 permits@cityofcrestview.org Application Number 21-00002051 Application pin number . . 534302 Date 2 e 8/13/21 Special Notes and Comments 1. OBTAIN PLAN REVIEW RESULTS. 2. SCHEDULE OR CANCEL INSPECTIONS. 3. OBTAIN INSPECTION RESULTS. 4. PAY ALL PERMIT FEES. Other Fees SURCHARGE BP DBPR ABU) 2.00 SURCHARGE BPAPPLICATION (BU)E FEE 2.00 42.00 Fee summary Charged Paid Credited Due Other Fee Total Grand Total 48.00 48.00 .00 .00 48.00 48.00 .00 .00 TO CLOSE OUT A PERMIT, YOU MUST REQUEST AN INSPECTION. EXHIBIT # Page 542 of 656 MoNlw AYNEAR 49fr X]llli Slo r c ere of ... i+rvd v%fe eta/07 f f Ne Art, 1 ;Die fl+rf Aced vkt4- , fee.. . r� c. ' O. (,J 4:11"9-45 n/ *rI -gr rt' rS 44 le r+e4" AOI> 7 BUILDING OFFICIAL DETERMINATION /2-a 1 _ 6001 C v-CACORESSLOCATICNOFVUATEN - CHAPTER 38-65 IMPROVED PROPERTY STANDARDS O FOUNDATION7_ O WOOD SUPPORTS: O SKIRTING: O EXTERIOR WALLS: 19 rec ad- Cs (-re r o -P career -I- mkt. O WINDOWS. MUTTERS: O EXTERIOR DOORS: O EXTERIOR DOOR FRAMES AND STOREFRONTS: p EXTERIOR SURFACE TREATMENT: {4r d li t f p STRUCTURALSUPPORTS: breed (-44.4r I IS raikA c ,.,s, ire O PORCHES AND BALCO-"NIE.: /�++ f r F // f STAIRS: .� '}!C L K..te'17 h 4,4 E. m t. ..re ! /O n vn� +i Aza crtr' �) ROOFS: cue.. d P . P 4e. c`'"c"7, rrels ab % pr Ace/ 0 GUTTERS AND DOWNSPOUTS: O CHIMNEYS, FLUES, AND VENT ATTACHMENTS: O OVERHANG EXTENSORS: O INSECT SCREENS. 0 ACCESSORY STRUCTURES: O SWIMMING POOLS: 0 RODENT HARBORAGE 0 EXTERIOR LIGHTING: 0 FEWC AND WALLS: biLf C S Cc.5[fi-1 sib e f a1. pfriolcFi5lhz, a/-2,,),5" EXHIBIT # t Page 543 of 656 Jun 10, 2021 at 11:07:51 AM- 602 E Griffith Ave Crestview FL 32539 United States t; F - Jun 10, 2021 at 11:07:54 AM tirj;:',1111T5FOr- 602 E Griffith Ave `' '` Crestview FL 32539 .' ' , United States .-�� Jun 28, 2021 at 10:01:'48 AM 602 E Griffith Ave .'Y �•� Crestview FL 32539 f United States September 28. 2021 11:06AM. 602 E Griffith Ave Crestview FL 32539 % December 06, 2021 11:09AM�"-' `" 644 E Griffith Ave Crestview FL 32539 •_ December 06, 2021 11 :09AM-= 602 E Griffith Ave Crestview FL 32539 602 i✓ Griffith Ave Crestview FL 32539 December 06. 2021 11:10AM 602 E Griffith Ave • Crestview FL 32539 _ • December 06, 2021 11:10AM 602 E Griffith Ave Crestview FL 32539 February 03, 2022 11:07AM 602 E Griffith Ave Crestview FL 32539 CASE?, _1-1072 602E 4 1,>- Febru wry ❑3, 2022 11 :08AM, l .41,E 602 E Griffith Ave r '"r.." • �^ Crestview FL 32539 Of i February 03. 2022 12:35PM 198 N Wilson St Crestview FL 32536 MMUNITY DEVELOPMENT SERVICES DEPART NI' CODE COMPLIANCE DIVISION =9n Wibron 8troat North Giwrviaw, PL a536 Casa] X46 NIY77CB O:F PUBLIC DATE: nua2 2:022 aeato Fa,err awe Chia Von fLiffe B.t*eea *21 Av el'.fuortrut Manse Crestview. FL 32539 Rfs CASES 21_I11 Darr Property Yee are dente, rb.+. ny rarefied ified them vn veteran IS. 7152. M 1.30 rl1L. W • Public Ha+renr 9 C95, 51.5. Uorr++.S .r We Willem Strom Hoehn. . floe*. 32531 in Kr. C. .di Cam r L. ra- Tee ..e.e..t 1. bales told a ar:mortis; vldtlin.r Rate eraeW.a 1U 4dw m ■ peal of /a+rrer1y b.k*ad.9 b. TO. 5eab.d re 142 1[ Ciettiti r A• r.. Cr.+t.•b.r. 1l'I. 32131..+aw #wllwte.fp deeo.Ae91 ilia. 17-i i-13_ 4 -01,l-0970 ti991G7l11!'11ON1 C9.92TrbT W Lila 7 S A 9 fII.7C 111 Td. 1p.w.s M.pj.trma Isar m. iatame..v 1.rr Boor up Ise 3250 pm. Amy ear ■ Orr vlaf.nr� d ap to 1500 a. 4 y w r r.p.as .•wt.rle..- Ir 4.e Sp.99 I rw. B.1dr 0r uieerkr. In b. inapwa6l. ar Lrr•.w.wya fa ew..e.. nay was b at...41 37,QO9 P•• rialaela ti )r ba b.a.•r..9 Ito .N%... meet modtri.let ro.ons rho violation. pr..wH. •angle 1!'il+• rP boa rl.iNio &odd% •.J•ey. awl ...gleam. or if M vioirdem 1. lrraprrobl• et K...wabi. 1n minas. Il.a 0p.d.1 Hailb9 w a.titf w.alY Or 19..11 pvwaep bevy, r.►9.9. may main. min rr+rmarhia r r. regrind . lodes __ Wm'N emM7tse.rr, oral 91.••••. Mas..s .4t . rl.. in••••••9•1. �.. 0( 9. rte.. alone ,r'+qt aer ltna b.r..ea. 1f Oar 4.1ry. tea.'+1. . w. Vr b 9%91 b. 00911.9 M . � •� ow. b.aar� h peer. Y a.. bl..el aa. 6p..c1.1 r.fylwrR ••��eb .'"6...""T rb ...r � N 6e d/ In bur lie rA...r.an oa.Aw P1 l IF'i.Cr(77 C.. v Rif* pRr.w6ti awd Mrefi_ �.w11 .e.w�b.r.. +fra.� th. 1..d ^'h,eb ..ie.IrYe ..1 ..d .mow. goo na.w. tit a.+e.r..l papery warted by Or viMr.e.. If - t EXHIBIT # Page 552 of 656 :February 15, 2022 08:59AM :ft 602 E Griffith Ave .• ;� Crestview FL 32539 �► Y:.:� r, `February 15, 2022 08:59AM 602 E Griffith Ave Crestview FL 32539 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0896 Date: May 25, 2021 Case #: 21-00001072 JULIE FLETCHER & CHAU C VAN 921 CHESTNUT AVE CRESTVIEW, FL 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location 'of Violation: 602 E GRIFFITH AVE Tax Identification Number: 17-3N-23-2490-0151-0070 Legal: CRESTVIEW LOTS 7 8 & 9 BLK 151, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 08, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and 5500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Debora, Lawson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # _ 1 Page 554 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good rep•:tir and sound structural condition. Structures attachedior unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the,timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three (3) months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. CORRECTIVE ACTION REQUIRED : You may abate the violation by VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 5/25/21 LOCATION: EXHIBIT # �I Page 555 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : CONTINUED 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. A11!exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (a) Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, EXHIBIT # _ I Page 556 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 69 QUANTITY: 1 DESCRIPTION: VACANT BUILDING STANDARDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained EXHIBIT # 1 Page 557 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). 1. Secure the vacant structure to prevent the entry of unauthorized persons. 2. Securing the vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the BuildinJ Official, windows and doors shall be boarded by th•1 owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. EXHIBIT # Page 558 of 656 2/8/22, 2:06 PM USPS Tracking® USPS.com® - USPS Tracking® Results Track Another Package + Tracking Number: 70203160000107311509 FAQs Remove X You- item has been delivered to the original sender at 11:15 am on Jure 15, 2021 in CRESTVIEW, FL 32539. USPS Tracking Plus'M Available v C Delivered, To Original Sender ine 15, 2021 at 11:15 am CRESTVIEW, FL 32539 Ln U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Onfy For delivery information, visit our webslte et rvwwusps com'_ t , fscr. '�a . t¢O es $ Pugs Alm* box. odd Aoeee p Receipt (htirdceoy) $ A ['Rehm Kempf Wsctno'c9 G O Certified Mee Rewkced Newry $ O,wett sipne<ue PaquIr d $ CI . OAartt sue.. Rea>kud Deemy $ Fititerp "e Robot Postage CI t31 le 'sLi N tic. FAO CAN Cr VA N t 0 7C v v See Less n EXHIBIT #1 https //tools.usps.cam/gofrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70203160000107311509a%2C&tABt=false Page 559161 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 14, 2021 Case #: 21-00001072 JULIE FLETCHER & CHAU C VAN 921 CHESTNUT AVE CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 602 E GRIFFITH AVE Tax Identification Number: 17-3N-23-2490-0151-0070 Legal: CRESTVIEW LOTS 7 8 & 9 BLK 151, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 28, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Deborah Lawson Code Compliance Officer 850.306.3702/850.612.9714 Page 560 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed within three (3) months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. CORRECTIVE ACTION REQUIRED : You may abate the violation by VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 5/25/21 LOCATION: EXHIBIT #_ � Page 561 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : CONTINUED 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of failing and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, sairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (a) Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1 DESCRIPTION: ROOFS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, EXHIBIT # Page 562 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set forth. 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. g) Building Permits: Prior to commencing work to co:rect a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 69 DESCRIPTION: VACANT BUILDING STANDARDS LOCATION: QUANTITY: 1 DATE: 5/25/21 ORDINANCE DESCRIPTION : 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained EXHIBIT # Page 563 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). 1. Secure the vacant structure to prevent the entry of unauthorized persons. 2. Securing the vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. EXHIBIT # Page 564 of 656 ri Ln rq U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, v,s:r L1ur tipLsifr at rvr:•r;._tisps.rom^_ Prl �vsM+ld Rfe Fee 0 r Receipt O'Wcopy)din c Odic.a ?tempt (electronic, S El C.:-if4:c etas Restricted Newry s QA6Lu• Maritsa p i.Doetegeg R.smcreanegve S _ ri r� rn cla711 arg a 0 ru 0 M1 SENDER: COMPLETE THIS SECTION 141 erfi- kC • 6 ■ Complete Items 1, 2, and 3. k Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallplece, or on the front if space permits. iubiE fikfc+0.r044v 1. Article Addressed to: / . Vql M 6124 644-Ni ckr Pr* jiV tJ, ?� III1I1 111111111i NIII!I111111II 111 9590 9402 5522 9249 9973 48 2. ArtiOligrattei ahlo far hnerar gniggik0 7020 3160 0001 0731 1851 E ,COMPLETE THIS SECTION ON DELIVERY X ❑ Agent ❑ Addressee C. Date of ■: D. Is delivery address dill= = from Item 1? ©Yea if YES. enter delivery address below: 0 No 3. Service Type lo Adult Sigrabre Certified Melt Restricted Delivery Wee O Collooton Velvety CI Coiled on Delivery Restricted Delivery Meg tie -'- t!- r rr• • PS Form 3811, July 2015 PSN 7530-02-000-9053 O t• ered Me ▪ Meterd Map Restricted EI Return Reeelptfor Menshandiee eignelure CoNUrtceNon" O Signature Oonrtrination rrer,er +nem,rp Domestic Return EXHIBIT # Page 565 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OFPUBLIC HEARING DATE: 7/8/2021 Chau C Van & Julie Fletcher 921 Chestnut Avenue Crestview, FL 32539 RE: CASE# 21-1072 Dear Property Owner: You are hereby formally notified that on August 17, 2021, 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 602 E Griffith Avenue, Crestview, FL 32539 more particularly described as: PIN# 17-3N-23-2490-0151-0070 LEGAL DESCRIPTION: CRESTVIEW LOTS 7 8 & 9 BLK 151 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 # J Page 566 of 656 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. e . orah Laws Code Compliance Officer 850.306.3702/850.612.9714 Fenn MA Appmdls Revised 2021 Page 567 of 656 STATEMENT OF VIOLATION Code of Ordinance Violated: Chapter 38 Section 66 Accessory Structures Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Corrective Action Required: Obtain proper permits and repair or remove accessory structure from property. Code of Ordinance Violated: Chapter 38 Section 65 (M) Stairs All stairs shall be maintained safe and free from tripping hazards. Treads shall; be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance, Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. Corrective Action Required: Obtain proper permits and repair the stairs leading to the front porch. Code of Ordinance Violated: Chapter 38 Section 65 (N) Roofs Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. Corrective Action Required: Obtain a building permit and repair the roof. Code of Ordinance Violated: Chapter 38 Section 69 Vacant Building Standards All vacant structures shall be secured to prevent the entry of unauthorized persons of the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. Of required by the Building Official, windows and doors shall be barded by the owner and the boarding shall be maintained to keep the building secured. Corrective Action Required: Secure the vacant structure to prevent the entry pf unauthorized persons, either by replacing windows or boarding windows for no more than 90 days. EXHIBIT # 1 Page 568 of 656 U.S. Postal Service'` CERTIFIED MAIL® RECEIPT Domestic Mail Only For dative'y information, visit our urebsite at mvtv.usps corn OFFICI c«trN:ta MHr Fee luemoerSFees f bacedaey„ Roc** 881800809 m Reoept(ere crid POW Q heed MM Restricted Mary s ❑,ldd de aaneeR.Wtred • O,tddt Signature .Norad Delivery It cstlee atar P n* and Pee. +� Complete fteme 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Nov C VAN t\uu� � A2� GfifSrNur Cifs wv� r5� 41/� NMI III 1111111111 1 11 9590 9402 5522 9249 9967 54 varka• 4 11?,� tiI ° �.....A, qtr iA11�i 3263 A. &mature X J O Agent D Addressee D. Is deltveryaddress . :: from awl? Y RYES, enter delivery address below: Q No 3. Service Type O Priority Mel Et mm D Adult Signature D Registered M J TM ur Signature Restricted Delivery D Mal Restricted) -.edited Mall. a Certified Mai Reetrloied Delivery 13 Return Receipt for ❑ Collect an eel very Merctiandbe 2. Article Number (Transfer from service IabeD ❑ Cabe on Delivery Restricted De 1very D Sgt Contirmationte1 n !nomad WM D Signature Cognation Restrbted Delivery 7020 129.0 0001 2346 7224 ;;'' De°10lr PS Form 3811, July 2016 PSN 7530-02-0OD-9053 Domestic Return Receipt EXHIBIT # 1 Page 569 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 683-0896 Date: September 29, 2021 Case #: 21-00001072 JULIE FLETCHER & CHAU C VAN 921 CHESTNUT AVE CRESTVIEW, FL 32539 Dear JULIE FLETCHER & CHAU C VAN, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 602 E GRlFFITH AVE Tax Identification Number: 17-3N-23-2490-0151-0070 Legal: CRESTVIEW LOTS 7 8 & 9 BLK 151, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by October 18, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist uu have any questions concerning this matter, you may call me at (850) 683-0896. ebora : wson Code Compliance Officer 850.306.3702/850.612.9714 EXHIBIT # Page 570 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE VIOLATION: CH 38 SEC 66 QUANTITY: 1 DESCRIPTION: ACCESSORY STRUCTURES DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining a building permit and repairing, or removing the accessory structure from the property You may contact the permitting department @ 850-689-1619 ext. 254 or 261. VIOLATION: CH 38 SEC 65 POR-BAL-STA QUANTITY: 1 DESCRIPTION: PORCHES -BALCONIES -STAIRS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m) Stairs: All stairs shall be maintained safe and -free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. CORRECTIVE ACTION REQUIRED : EXHIBIT # Page 571 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s). (a) Please Contact the Permitting Department @ 850-689-1618 EXT. 254 OR 261. VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: , 1 DESCRIPTION: ROOFS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.65 - Standards for Improved Property. (n) Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. CORRECTIVE ACTION REQUIRED : 38.64 - GENERAL PROVISIONS. (g) Building Permits: Prior to commencing work to correct a violation as described below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. You may abate the violation(s) by conducting the following action(s) . Please contact the Permitting Department @ 850-689-1618 ext. 254 or 261. VIOLATION: CH 38 SEC 69 QUANTITY: 1 DESCRIPTION: VACANT BUILDING STANDARDS DATE: 5/25/21 LOCATION: ORDINANCE DESCRIPTION : 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of EXHIBIT # Page 572 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001072 PROPERTY ADDRESS 602 E GRIFFITH AVE ORDINANCE DESCRIPTION : this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by conducting the following action(s). 1. Remove the wood from the window(s). 2. If the window glass is broken, or missing, a building permit is required for new glass installation. You may contact the permitting department @ 850-689-1619 ext. 254 or 261. EXHIBIT # Page 573 of 656 2/8/22 2:07 PM USPS.com® - USPS Tracking® Res; d"s O m = liS .;-cesa.:aesronearbox, add foe .e cl err » ri QFrir„ P s- ce-euert•d $ G po-:v __ V 117 -. 10ellverY $ 0 ElMIA 4t414. PPZI re, $ USPS Tracking® Track Another Package + Tracking Number: 70183090000144301850 Your item was picked up at the post office at 0:03 am on October 4, 2021 in CRESTVIEW, FL 32539. USPS Tracking Plus" Available u FAQs> Remove X Ge Delivered, Individual Picked Up at Post Office ictober 4, 2021 at 10:03 am CRESTVIEW, FL 32539 U.S. Postal Service'" CERTIFIED MAIL° RECEIPT !'omest;c Mail Only ro: del very information. visit oar v hsile a, tvrivv./is s coin OFFJCL canape' kid Fes m a0 r -R ti USps P3Q2021 I / -n CD CD v See Less /\ EXHIBIT # 1 httosJttools.asps.com/go/TrackConfirmAction?tRef=fullpage8ALc=28dext28777=8Kabels=70183090000144301850%2C Page 574 cM56 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (85o) 683-0896 NOTICE OF PUBLIC HEARING DATE: 01/12/2022 Julie Fletcher/ Chau Chieu Van (Life Estate) 921 Chestnut Avenue Crestview, FL 32539 RE: CASE# 21-1072 Dear Property Owner: You are hereby formally notified that on February 15, 2022, 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 602 E Griffith Avenue, Crestview, FL 32539 more particularly described as: PIN# 17-3N-23-2490-0151-0070 LEGAL DESCRIPTION: CRESTVIEW LOTS 7 8 & 9 BLK 151 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 # Page 575 of 656 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. Deborah Lawson Code Compliance Officer 850.305.3702/850.612.9714 Fenn 53A Appafak s Aevbsd 2021 EXHIBIT # j Page 576 of 656 21-1072 602 E Griffith Ave Statement of Violation Code of Ordinance Violated: Chapter 38 Section 65 (m) Stairs All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code Corrective Action Required: Repair the stairs in accordance with Florida Building Code. Code of Ordinance Violated: Chapter 38 Section 65 (n) Roofs Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. Corrective Action Required: Repair the roof with like materials Code of Ordinance Violated: Chapter 38 Section 66 Accessory Structures Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include by not limited to parlcing areas and landscaped areas shall be maintained in a sound, clean and neat condition. Corrective Action Required: Repair or remove the accessory structure from the property. Code of Ordinance Violated: Chapter 38 Section 69 Vacant Building Standards Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. Corrective Action Required: Secure the vacant building by replacing the glass in broken windows or boarding the broken windows for no more than 90 days. :XHIBIT#_ Page 577 of 656 N U.S. Postal Service.' CERTIFIED MAIL`' RECEIPT Domestic Mail Only Postage awned :Worn Receipt Fee (Endorsement Required Restricted Delivery Fee resiotsement Required) Trial Poetege & Fees SENDER: COMPLETE THIS SECTION r ■ Complete items 1.2 and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpisce, or on the front if space permits. 1. Arose Nddreesed to jUilli � Platiktj t60 CiAr WTd ( 1/v, �I11111111111111111 3111 MICH 1111 111 9590 9402 6373 0303 1236 76 B. Received COMPLETE THIS SECTION ON DE lVERY Cdr_D Agent Addressee ens & Date Gummy. D. Is deilssMl dcWes different ham Item 1? 0 Yes It YES, t?rlter delivery address below: 0 No ( JAN i 8 111%1 3. Serve SrVi�V'J CIPrang Mnl Expanse D Asa �.Mane ,• 0 '"° egrd Mass is e t b M.r aewkcad May 0 tignahre Confirentbnim 0 Caine en Ening a SignaGae Corinna* 2. Article Number Monster from service labep -, D Collect on Delivery Fleetrbted Delvery Restrioled Piing 7014 3490 0000 4156 7472 ilei RestiatedDenny PS Form 3811, July 2020 PIN 7530.02.000-a053 Domestic ROMs> EXHIBIT # Page 578 of 656 CITY OF CRESTVIEW CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1072 I Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 3rd day of February 2022, I personally posted said Notice of Hearing at: 602 E Griffith Avenue, Crestview, Florida, in the County of Okaloosa. said r . tic is attached hereto. *ft s Signature 2-113 % 2022.atd Before me, the undersigned authority personally appeared, Deborah Lawson, 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 3rd day of February 2022. (SEAL) For po� Jor Davie ,�r Notary PubJG, State of Florida Commission Expires 09-09-2023 1 of Commission No. SIG 955262 j NOTARY PUBLIC: MY COMMISSION EXPIRES: CI) g Form 54 Appendix 9 cXHIBIT # 1 Page 579 of 656 BUILDING OFFICIAL DETERMINATION • 12-a 1 6o.2. /3vt- nDDR6s+.AGOON OFMQA7IGV CORRECTTEACTOOPEOURED MYTH/ �DAY /YEAR rr� -- 1 NA7l�EDF T roar" f4-t'r r .eraseol D-A-4rtt Owe/ vvt Ctcti/r� t'iLJr.eq No Acceo J der Ai! kseel „ wkci. i i ref" -cm" 4t o,6 krc. (..0. tJ fMi-Jf (1i1 -e1 ^6r re 4.l pi.4. CHAPTER 38.65 IMPROVED PROPERTY STANDARDS O FOUNDATION. O WOOD SUPPORTS: O SKIRTING: O. EXTERIOR WALLS: /42c id C4 rn r e Corra rh Mien O WINDOWS. 31i UTTERS: O EXTERIOR DOORS: O EXTERIOR DOOR FRAMES AND STOREFRONTS: O EXTERIOR SURFACE TREATMENT: tC d4 et,'D O STRUCTURAL SUPPORTS: £, sed mar- r M is Mk... #1,:c F'*1 i'i»'e J1c O PORCHES AND BALCONIE& /+ 'Q �+ STAIRS: S+rs lttdh. �e $ t r11 wlt r# �cn vwd �i�t rk. crte4 O ROOFS: r�;ew a T -.S' L, • lja1 r c.veriry Er, it 401c ►YeAEed 7 i O GUTTERS AND DOWNSPOUTS: O CHIMNEYS, FLUES, AND VENT ATTACHMENTS: O OVERHANG laTENSIONS: 0 INSECT SCREENS: O- ACCESSORY STRUCTURES: L'#VJ E t cf t'J$ r f v t 47 et rear r4 -y ... O SWIMMING POOLS:. O RODENT HARBORAGE: o EXTERIOR LIGHTING: Q FENC ,S AND WALLS: Bun�a P 1 OFRc1 . EXHIBIT # I - Page 580 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City it -if Crestview, Florida, Petitioner, vs. Julie Fletcher/ Chau Chieu Van (Life Estate) 921 Chestnut Avenue Crestview, FL 32539 Respondents. CASE# 21-1072 Inst. #3527992 Bic: 3605 Pg: 1504 Page 1 of 4 Recorded: 2/18/2=112:44 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERKAPRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA - FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Julie Fletcher/ Chau Chieu Van (Life Estate), whose last known mailing address is 921 Chestnut Avenue, Crestview, FL 32539, is the owner of the property located at, 602 E Griffith Avenue, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0151-0070, and more particularly described as: CRESTVIEW LOTS 7 8 & 9 BLK 151 2. The conditions on the property consist of an unsecured deteriorating structure and an unsafe accessory structure. The violation(s) were first observed on May 25, 2021. A Notice of Violation was mailed by certified mail May 26, 2021, and received by respondent on June 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (m), (n), Sec. 66, Sec. 69. - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and Page 587 of 656 requested correction of the violation by June 28, 2021. Re inspection of the property on ' June 28, 2021, 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. 65 (m), (n), Sec. 66, Sec. ;69. - 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. On or before May 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. Page 588 of 656 9. On or before May 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Repair the stairs and roof. b. Demolish the accessory structure and remove all demolition debris from the property. c. Secure the vacant structure to prevent the entry of unauthorized persons, by replacing the windows or boarding windows for no more than 90 days. 10. If the violation(s) are not corrected by May 14, 2022, a fine in the amount of $250.00 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 February 2022. Samuel B. Taylor Digitally signed by Samuel B. Taylor Date: 2022.02.18 09:51:31 -06'00' 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. Page 589 of 656 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. :/ Page 590 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Julie Fletcher/ Chau Chieu Van (Life Estate) 921 Chestnut Avenue Crestvyew, FL 32539 Respondents. Inst. #3693611 Bk: 3653 Pg: 818 Page 1 of 4 Recorded: 12/1/2022 11:52 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1072 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on February 15, 2022. 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, Julie Fletcher/ Chau Chieu Van (Life Estate), whose last known mailing address is 921 Chestnut Avenue, Crestview, FL 32539, is the owner of the property located at, 602 E Griffith Avenue, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0151-0070, and more particularly described as: CRESTVIEW LOTS 7 8 & 9 BLK 151 2. The conditions on the property consist of an unsecured deteriorating structure and an unsafe accessory structure. The violation(s) were first observed on May 25, 2021. A Notice of Violation was mailed by certified mail May 26, 2021, and received by respondent on June 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (m), (n), Sec. 66, Sec. 69. - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and Page 591 of 656 requested correction of the violation by June 28, 2021. Re inspection of the property on June 28, 2021, 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. 65 m �`" (. ), (n), Sec. 66, Sec. 69. - 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. On or before May 14, 2022, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $ 250.00. Page 592 of 656 9. On or before May 14, 2022, the Respondent is to correct the violation(s) by conducting the following action(s): a. Repair the stairs and roof. b. Demolish the accessory structure and remove all demolition debris from the property. c. Secure the vacant structure to prevent the entry of unauthorized persons, by replacing the windows or boarding windows for no more than 90 days. 10. If the violation(s) are not corrected by May 14, 2022, a fine in the amount of $250.00 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 February 2022. CERTIFIED A TRUE Digitally signed by Samuel B. Samuel B. Taylor AND Taylor Date: 2022.02.18 09:51:31 CORRECT COPY Special Magistrate 6Yi G: c.1QrK— 4 City of Crestview, Florida DATE: —1 --20,24— 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. Page 593 of 656 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. Page 594 of 656 21-1072 602 E GRIFFITH AVE Page 596 of 656 Case # 21-1131 293 PATTON ST Owner of Record: Roman Portugal 1005 Mapoles St. Crestview FL 32536 Origination Date: 06/07/2021 Origination Code: Anonymous Complaint Violations: FL Building Code Section 105.1 Building Permit Required Corrective Action Required: a.) Obtain a building permit for the accessory structure, or remove it from the property. Notice Sent: 06/08/2021 Signed: 06/17/21 Compliance Date: 06/18/21 Inspected: 06/21/21 Results: In Violation a� Notice Sent: 06/21/21 Signed: 06/24/21 Compliance Date: 07/01/21 Inspected: 07/06/21 Results: In Violation Public Hearing Notice Sent: 10/12/21 Signed:NA Hearing Date: 11/16/2021 Property remains in violation. Order Recorded: 11/18/21 Re-recorded with wet stamp 12/13/22 Hearing fee: $250 Due by 12/17/21 Daily fine: $250 Start: 12/20/21 Fines: $153,500 as of August 25, 2023 (not including interest) Property Value: $92,498 Related Properties: 218 Stillwell Blvd 08-3N-23-0742-0003-0020 Roman Portugal Case# 22-161 In Violation Hearing: 02/15/22 Page 597 of 656 Case # 21-1131 293 PATTON ST 298 Stillwell Blvd Case# 22-819 08-3N-23-0742-0003-0050 Roman M Portugal In Violation Hearing: 07/19/22 Page 598 of 656 EXHIBIT 5 CASE # 21-1131 293 PATTON TUESDAY, NOVEMBER 16, 2021 Page 599 of 656 Jun 21, 2021 at 8:57:15 AM 200-298 Patton St Crestview FL 32539 ;:: " United States Case # . -1131 293 Pa, n November 04, 2021 08:51 AM 293 Patton St Okaioosa County OOHM7N7lY D1V P Ka DEPAR, t ConiscompLuorat DIV0 I wr.nn.r 14ALIC.v.a.+ DnTk I.II/l.1 .9f N4....1w.1 1asM...RliS14, RV GNI. 11.113.1 11awMora. O..n a Ory Xi 6radly ..M.I..Mr.W....,111,2,111.• aW.. .....il.w..•••1..r+.N.... lnnl rWoo. fq Mira 1...enior•Gra 11, arm per.* *mid. 1+. Rw(. Ff.- 1O 10.2/d.P.4SID 1.r11MIC3 fM.1.1Yn1n....�i�a .�. .....rY...W-.M1.r .b Xs r14.....•••.............1... ....m+1.1••••••./...............W ~1..1 .•••••••••,..101. .F..irr ...1..r"..r. F..t November 04, 2021 09:52AM 198 N Wilson St Crestview FL 32536 CITY OF CIMEnlirIEW COmmirur ITY DEVRi-OPMEN'T SERVICE DEPARTMENT CODF. OOMPLLANCE orvis ION i )41[.04.. 6lrwf Trort14 Cr...tafl4ao. L•Z.a+.5,7A (Ss.) 6411.2-47419.6 NCI 7Tc.:r or rua<r rc RISLARITIO DATE: ! wl l lSR73 Kamm. To..,lga! 4403 walh.wek 11M. fj.Kv1�T.', Y4 777]9 ME.. CAMEO 11-/ }DI D rmp...y Deena-. rn..... h...br ■aTrlf.ilr matifI fl d i pri lV.nvrla•w. l f1.7;i 1. —101 r 11i . {p.... wtu bD • 1^D61le 11...1p + ctrl ilaR. Iaowa.7 .1 lYl1 WILD. ■N..w N.f.77L p.r.'l..`.riorkft 12S36 4. 4. Ca.w.e1I .. Yl.ar M1.114 a.r.e..nlns .;D1•tl.w (h.l af1nHP... b .w!•• a4 11.1.••611. b ]•.n tn.�aws + a•s P.e..w. a...... TL, mass► wffD.. p..11owal+•V +••+ilk +' PUN* Da-ar.-x3-0'f4a-15003-4,la R e/Pr• • A SKr =MEV WI7 ADD I.07- 1 171_1[ lb. °P. "' 1.041. fwas h4..6. wawa, W I••Y !1410. 1.p b 77 SD r•• dry !... D... rbl••1••- .1 t w •• L90O p.. dq• M • ropme Hei.w:F> - (1 d.. Speaks] Masi f tr4. Ar ~rim iv 11. 1n" •bl• •r bbl► fl/.a+ars.. Row, 1a4• m •••c•••1 FLOW p•..Ypf.9••...114r ••• l.wp1+$.1- If..wy5..yn 4. 0.4 oo.d lMow W+1+.9 t!•. HnlnlWn. p+..w..d ..rhiu. 4.1wa.l •w 11 ..•l"•` wy1N wa "n.$* a If....{a•1$th••• l• M'.L1.iw.hl. a Ir.w•w.O.ia 111 rM.... /.•• S/`mel•l ►d•10.9.• >N 1na.y IloaFnint body, •,A1ioi, may En.1e4 .Il _.1.iA1..M•w• r+9i111rf •4 1.Yr. ... b•"�•` ✓•W� ••'.1y111 �_ ..M chaps. alki.H n1rYYr ..Rath [Pr p•••••••1$4. maw a• -.a 01"•^11 in !Toy C.� ps.till. fact p.v.wrtlwy • Tr.. b.fl.r'. wf1. I -. i•l M me' H wJ.ill. wMV N l `�"'• ^boy I ••..owl �..r[..I I n9 qr �• b.-fl1f. wl.. >s p...S J li'(.pl•••�wr �/ ..1Db .r.' • EXHIBIT # Page 602 of 656 R IlfreV.....'-',‘. 293 Patton St Crestview FL 32539 Code Compliance Officer 850.306.3702/850.612.9714 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 9209, Crestview, Florida 32536 Phone (850) 683-0896 Date: June 8, 2021 Case #: 21-00001131 ROMAN PORTUGAL 4493 WOLFIRACK RIDGE CRESTVIEW, FL , 32539 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: ' Location of Violation: 293 PATTON ST Tax Identification Number: 08-3N-23-0742-0003-0010 Legal: EDNEY 2ND ADD LOT 1 BLK 3, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by June 18, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 5250.00 per day for the first offense and 8500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. aXHIBIT # r 5 Page 604 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information. VIOLATION: LDC CH 7 SEC. 7.05.03 QUANTITY: 1 ,CRIPTION: RECREATIONAL CAMPS/TENTS DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : LAND DEVELOPMENT CODE CHAPTER 7 SECTION 7.05.03 - RECREATIONAL CAMPS A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational 'or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of EXHIBIT # 5 Page 605 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST ORDINANCE DESCRIPTION : natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities 1. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high-water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. EXHIBIT # Page 606 of 656 VIOLATION DETAIL PAGE 3 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST ORDINANCE DESCRIPTION : 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. CORRECTIVE ACTION REQUIRED : PROHIBITED Building(s), structure(s), tent(s), trailer(s), or vehicle(s), or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. You may abate the violation by removing the building(s), structure(s), tent(s), trailer(s), or vehicle(s), from the property. EXHIBIT # Page 607 of 656 m r ra U.S. Postal Service - CERTIFIED MAIL`' RECEIPT Domestic Mail Only mess(hickanc**Ia° hs^ 0 $ Receipt Solear C;:tl $ C:1 r, $ $ C7 LsAdult S.rswx*wsnyx,J ;:Ivor yi oP 61 r▪ i ca • I9ern ti 0 N (bey ■ Complete items 1, 2, and 3. II Print your name and address on the reverse so that we can return the card to you. le Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Add to: povicw tte 441613 wo�Vix P�x� f,Q�ssrV wuJ, vie 32,630( 11II11NN1NI({(Npn11INllllElil11l11 9590 9402 5522 9249 9950 30 2. Article Number (Transfer from service label) 7020 3160 0001 0731 1783 PS Form 3811, July 2015 PSN 7530-02-000-8853 !/f— El lessee ed by (P,*►ted Nine) C. Date of Delivery �,,., ( 4'7 7- 1 D. Is delivery address different from item 1? D Yes If YES, enter delivery address below: ❑ No 3. Service Type L Adult Signature J'�S Restricted Delivery Male Mel Restricted Delivery a Collect on Delivery 0 Collect on Delivery Restricted Delivery Mali Restricted Delivery 0 Priority Mail 0 Registered MeR" 0 Registered Mail Restricted CI DDReeI Receipt fa' Merctiendlee ❑ Signature ConfInnallonTM 0 Restricted Delivery Confirmation es Domestic Return RecelPt EXHIBIT # 5 Page 608 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 883-0896 Date: June 21, 2021 Case #: 21-00001131 ROMAN PORTUGAL 4493 WOLFTRACK RIDGE CRESTVIEW, FL 32539 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 293 PATTON ST Tax Identification Number: 08-3N-23-0742-0003-0010 Legal: EDNEY 2ND ADD LOT 1 BLK 3, , If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by July 01, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to 8250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. ely, Debora! Lawso Code Compliance Officer 850.306.3702/850.612.9714 5 Page 609 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BU/LDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such workto be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information.: EXHIBIT # 5 Page 610 of 656 't't/OCI, 1:14 raft vor.cornuv - uoro t racKingi.v ROSSUltb USPS Tracking® Track Another Package 4 - Tracking Number: 70203160000107311349 Your item was delivered to an individual at the address at 2:24 pm on June 24, 2021 in CRESTVIEW, FL 32539. Delivered, Left with Individual June 24, 2021 at 2:24 pm CRESTVIEW, FL 32539 Q' rri For delivery inlorma2fon, visit out t*rebsife at tvtat:,.usps.com rl U,S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only r4 Cwrtmed Malt fee rn r s 7020 3160 0001 . is J 3. lid mvca�&tnssxrwanoc t �7t Pe.N(tte.WL+opy) Reiirn+t:- ee tMe n i s ❑Cdr rod Re Wet : emery $ ['Adult slpntm Required $ AduR Signature Restricted Oe$eery S Postage Tb't tegex arid Nee* �1Q :F stmzf, .tom 2-691, FAQs > Remove X m CD CD iv 0 EXHIBIT # 5 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.uses.comlgo/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=8ALabels=70203160000107311349%2C 1/2 Page 611 of 656 Ui1 II I1 I1I1Il1i 1IG iIllll 9590 9402 5522 9249 9969 9.0 United States • sender: Please print your name, address, and ZIP+4° In this box Postal Service VW friel/If% i P��Paid• USPS Penult No. (3-10 .o. acctsrOfewi ft - This Item was delivered on 06124/2021 at 14:4:00 < Retum to Tracking Number View Enter up to 35 items separated by commas. Select Search Type: [Quick Search � Submit Product Tracking & Reporting. Alt Rights Reserved Version: 21.3.1.1.1.6 USPS Corporate Accounts Page 1 of 1 Help �eaasnu %MM. June 20.2027 g data on domestic competitive products ticking Statement via email. ulations. Users will no longer enter fees for i 3 be collected for COD or the insured value EXHIBIT # 5 https://pts-2.usps. gov/pts2-web/tcIntranetTrackingNumResponse/deliverySignatureAndAd... 6/25/2021 Page 612 of 656 CITY OF CRESTVIEW COMMUNITY Dr. VELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION 198 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 10/11/2021 Roman Portugal 4493 Wolflrack Ridge Crestview, FL 32539 RE: CASE# ''1-1131 Dear Property Owner: You are hereby formally notified that on November 16, 2021, 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 293 Patton Street, Crestview, FL 32539 more particularly described as: PIN# 08-3N-23-0742-0003-0010 LEGAL DESCRIPTION: EDNEY 2ND ADD LOT 1 BLK 3 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). End: Notice of Violation EXHIBIT # 5 Page 613 of 656 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. 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. orah awso Code Compliance Officer 850.305.3702/850.612.9714 Pon' 53A Appendix S Revbed 2021 EXHIBIT# 5 Page 614 of 656 VIOLATION DETAIL PAGE 1 CASE NUMBER 21-00001.131 PROPERTY ADDRESS 293 PATTON ST VIOLATION: FBC SEC 105.1 PERMIT REQ. QUANTITY: 1 DESCRIPTION: BUILDING PERMIT REQUIRED DATE: 6/08/21 LOCATION: ORDINANCE DESCRIPTION : FLORIDA BUILDING CODE - SECTION 105 PERMITS 105.1 REQUIRED Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. CORRECTIVE ACTION REQUIRED : You may abate the violation by obtaining the required permit(s). You may contact the City of Crestview Building Department at 850-689-1618 for further information. EXHIBIT # 5 Page 615 of 656 uoro.com'w - uoro 1 racing 1<esufis USPS Tracking® Track Another Package 4 - Tracking Number: 70092250000365041929 Status Not Available FAQs > Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. f1.1 Q. rg trl m ru ru fT r` U.S. Postal Service CERTIFIED MAIL RECEIPT a?nmes(rc tif31lOJTty: No !Pi sur,:r ' Cov0rAg.' Prnv;d.di For deliver .nformntion vi9 t our webs;te at www.usps.com OFFICIAL USE Postage Certified Fee (EndorsementRealm Receipt Fee Restricted Weary Fee (Endorsement Required} total Postage a Fees $ L/.-32 for? lg questions. EXHIBIT # 11 m CD cr (v c) https://tools.uses.com/golTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70092250000365041929%2CMABt=false 1/1 Page 616 of 656 ry OF CRESTVIEI CODE COMPLIANCE DIVISION P.O. Box1209, Crestview, Florida 32536 AFFIDAVIT OF SERVICE (POSTING OF NOTICE OF HEARING) CASE # 21-1131 I, Deborah Lawson, being duly sworn, deposes and state, that I am employed by the City of Crestview, Florida, that on the 4th the day of November 2021, I personally posted said Notice of Hearing at: 293 Patton Street, Crestview, Florida, 32539 in the County of Okaloosa. t14 p of said notice ttached hereto. Affiant's Signature it 14 1 �I Date Before me, the undersigned authority personally appeared,,))4OQ ' fiho 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 4the day of , iOMi (&021. (SEAL) or pi,e 4.� Jordan Davis Notary Public, State of Florida My Commission Expires 09-09-2023 Commission No. OG 955282 OF 11044 Form 54 NOTARY PUBLIC: DIA) D'Amv)----7 MY COMMISSION EXPIRES: q 1 Appendix 9 5 Page 617 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, VS. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. 198 Wilson Street North Crestview, FL 32536 Inst. #3506548 Bk 3588 Pg: 476 Page 1 of 3 Recorded: 11/18/2021 10:44 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sdoscher JD PEACOCK H CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-1131 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on November 16, 2021. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539 , is the owner of the property located at, 293 Patton Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0010, and more particularly described as: EDNEY 2ND ADD LOT 1 BLK 3 The conditions on the property consist of an unpermitted accessory structure. The violation(s) were first observed on June 7, 2021. A Notice of Violation was mailed by certified mail June 21, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required, and requested correction of the violation by June 18, 2021. Re inspection of the property on June 21, 2021, confirmed that violation(s) continue to exist on the property. 2. 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. Page 618 of 656 CONCLUSIONS OF LAW: 3. 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 4. The Respondents were provided a reasonably sufficient time to voluntarily correct the Violations, which they failed to do within the time prescribed. 5. 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. 6. 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: 7. On or before December 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. S. On or before December 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit for the accessory structure or remove it from the property. 9. If the violation(s) are not corrected by December 17, 2021, a fine in the amount of $250.00 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' Page 619 of 656 responsibility to notify the City when the Violations have been corrected so that the Property can be inspected to confirm compliance. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 11. 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 16th, Day of November 16, 2021. Samuel B. Dig'taffy Taylor Taylor Date: 2021.11.1716:0527 -06'00' 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. Page 620 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL City of Crestview, Florida, Petitioner, VS. Roman Portugal 4493 Wolftrack Ridge Crestview, FL 32539 Respondents. Inst. #3595742 Bk: 3654 Pg: 3382 Page 1 of 3 Recorded: 12/13/20'22 207 PM RECORDING ARTICLE V: $1200 RECORDING: $15.00 DEPUTY CLERK damiles JD PEACOCK II CLERK OF COURTS, OKALOOSACOUNIY, FLORIDA CASE# 21-1131 FINDINGS OF FACT, CONCLUSIONS OF LAWAND ORDER uN This case was presented for public hearing before the Special Magistrate on November 16, 2021. 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, Roman Portugal, whose last known mailing address is 4493 Wolftrack Ridge, Crestview, FL 32539 , is the owner of the property located at, 293 Patton Street, Crestview, FL 32539, AKA PIN# 08-3N-23-0742-0003-0010, and more particularly described as: EDNEY 2ND ADD LOT 1 BLK 3 The conditions on the property consist of an unpermitted accessory structure. The violation(s) were first observed on June 7, 2021. A Notice of Violation was mailed by certified mail June 21, 2021. The Notice stated that the condition(s), constituted a violation of Florida Building Code, Chapter 1, Section 105.1 Permits Required, and requested correction of the violation by June 18, 2021. Re inspection of the property on June 21, 2021, confirmed that violation(s) continue to exist on the property. 2. 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: Page 621 of 656 3. 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 Florida Building Code, Chapter 1, Section 105.1 Permits Required. 4. The Respondents were provided a reasonably sufficient time to voluntarily correct the Violations, which they failed to do within the time prescribed. 5. 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. 6. 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: 7. On or before December 17, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 8. On or before December 17, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain a building permit for the accessory structure or remove it from the property. 9. If the violation(s) are not corrected by December 17, 2021, a fine in the amount of $250.00 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. 10. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. Page 622 of 656 11. 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 16th, Day of November 16, ti2FATIFIED A TRUE AND Samuel B. Digitally signed by CORRECT COPY Samuel B. Taylor Taylor oz2.,z.o6,,:o s4 B 4 -1' -444041141-1' -444041141 Special Magistrate Cz�y City of Crestview, Florida DATA: 1 —1. 3 — 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. Page 623 of 656 Aug 29, 2623 at ¶Q: 32 AM 293 tton St Crestview -FL 32539 s United Stales Owner of Record: Origination Date: 21-391 Hayvard Lee 1/15/2021 108 S Booker 879 McDonald Origination Code: Police Dept Referral Violations: Chapter 38 Section 4: (1) — Inoperable vehicles (4)- Trash, debris, junk. Chapter 70 Section 70-27 (7) Refuse not acceptable for collection Corrective Action Required: Remove the vegetation, junk/debris, trash and bring the inoperable vehicle to a state of being ready for highway use and affix a license plate to it or remove it from the property. Notice Sent: 01/15/2021 Inspected: 01/20/2021 Notice Sent: 01/21/2021 Inspected: 02/09/2021 Notice Sent: 03/09/2021 Inspected: 05/18/2021 Signed: 1/16/2021 Results: In Violation Signed: 01/23/2021 Results: In Violation Signed: 03/10/2021 Results: In Violation Compliance Date: 01/25/2021 Compliance Date: 01/28/2021 Compliance Date: 03/16/2021 Public Hearing Notice Sent: 04/28/2021 Signed: 04/28/2021 Hearing Date: 05/18/2021 After May 18, 2021, property remains in violation. Order Recorded: May 26, 2021 Hearing fee: $250 Daily fine: $250 Fines: $198,750 Due by 06/19/2021 Start: 06/19/2021 as of August 23, 2023 Wet Stamp Recorded: November 18, 2022 Property Value: $4236 Page 626 of 656 21-391 108 S Booker Related Properties: Vacant Lot Benjamin St No cases found Vacant Lot McDonald St No cases found 879 McDonald St Case # 20-416 20-3N-23-0000-0117-0180 20-3N-23-0830-0001-0240 20-3N-23-0830-0003-0080 Hayvard Lee Hayvard Lee Hayvard Lee Hearing Date: November 17, 2020 Fines: $248,750 Violations: Inoperable vehicles Page 627 of 656 CASE # 21-391 112 BOOKER STREET SOUTH STREET EXHIBIT 2 Page 628 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32538 Phone (850) 883-0898 Date. January 15, 2021 Case #: 21-00000391 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 32536 Dear Property Owner, This Civil Violation Notice is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 112 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0130 Legal: CRESTVIEW LOT 13 & N1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 25, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to S250.00 per day for the first offense and $500.00 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, 1 Code Compliance Officer folistr Page 629 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-000(,.,391 PROPERTY ADDRESS 112 S BOOKER ST ORDINANCE DESCRIPTION : inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/15/21 LOCATION: ORDINANCE DESCRIPTION : Chapter 38 Property Maintenance and Housing Standards Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. Page 630 of 656 SENDER: COMPLETE THIS SECTIO COMPLETE' THIS SECTION ON DELIVERY • Complete items 1, 2. and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front If space permits. t. Article Addressed to: La RRtivitla g.94D PlaortotA 57 C 7v vW , t -3Q 11011111111111Hill Ill11lllll ll llllll1I1I Ill 9590 9402 5148 9122 3717 00 A Signature X CI Add:eases B. Removed by (Prfoted Name) C. Bate of Delivery D. Is &Ivery address diferent from Item 1? ❑ Yes If YES, ender delivery address below: P No seMoe'Type eagnatum Adult Signed=ReeMdsd Delray O Certified MOD © Certified Mal Restricted Dubwy 0 Corset on Delivery 2, Article Number Monster r from service 0 Coned an Delivery 6ratred K�aelriMed Deevay 7019 2970 0000 9142 1303 Ian Restricted Daevery • PS Form 3811, July 2016 PSN 7530-02-000-9053 EXHIBIT # 0 Plenty Mae Emend; 0 Registered Merl =rad Resebted 0 RAM Reedet for marduevise ❑ signature Contrmanon' O SIgnebxe Confirmation Resideted Delivery Demean Return Receipt Page 631 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.O. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: January 21, 2021 Case #: 21-00000391 I FF HAYVARD 879 MCDONALD ST CRESTVIEW, FL 32536 Dear Property Owner, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 112 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0130 Legal: CRESTVIEW LOT 13 & N1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by January 28, 2021, this case may be scheduled for a public hearing before the City of Crestview'sSpecial Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $50000 per day for repeat offenses and other penalties as a measure to enforce the codes and ordinances of the City of Crestview in cases where violations continue to exist. If you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, City of Crestv1u Cade Compliance Boer 85Q-306-3 (office) 850-012-5872 (tadO EXHIBIT# Page 632 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-0000u391 PROPERTY ADDRESS 112 S BOOKER ST ORDINANCE DESCRIPTION : inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors, or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/15/21 LOCATION: ORDINANCE DESCRIPTION : Maintenance and Housing Standards Chapter 38 Property Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. Page 633 of 656 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY * Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the ma3pboe, or on the front If space permits. 1. Md. Addressed to: Lec v vativkisitl Si. -c tekg,) 3InG IN1MU'NIMii1 pIN11111N1111lllll 9590 9402 5896 0049 4825 55 2. cie umt�ser cnanc 6127 7Q18 3Q'�Q OQQ1 �7 X Agent D Adareec � . .�.. CI �e4►ndrw f -lam -�-( p:ad:Averyaddressdeerenttlornttern1? 0Yes If YES. enter delivery admese below: p No 3. &wi eType g7Xi Speen dult Signet= Resel tedDNlvay D WOW MOPS o Wiled led cfseakadDMMe y o ono.,d..,oeifrery 1 Weary Robbed Maw cr,24Ree1doledDeena 0 Pdarrybid Name o� Mal Reser 0 Return Rstelndes r 0 13 Slanders Contend° 13Ignature Ca Radiated Delver/ Ms Form 3811, July 2015 PSN MO424004053 oomeetloRebmn reel EXHIBir Page 634 of 656 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES Code Enforcement Division P.D. Drawer 1209, Crestview, Florida 32536 Phone (850) 683-0896 Date: March 9, 2021 Case #: 21-00000391 LEE HAYVARD 879 MCDONALD ST CRESTVIEW, FL 32536 Dear LEE HAYVARD, This letter is being sent to advise you that a parcel of property belonging to you, which is in the City of Crestview, is currently in violation of City Codes. The following information is provided to you concerning these violations: Location of Violation: 112 S BOOKER ST Tax Identification Number: 17-3N-23-2490-0076-0130 Legal: CRESTVIEW LOT 13 & N1/2 OF LOT, 14 BLK 76, If the violation(s) noted in the attached Statement of Violation (Violation Detail), are not corrected by March 16, 2021, this case may be scheduled for a public hearing before the City of Crestview's Special Magistrate. The Special Magistrate has the authority to impose fines of up to $250.00 per day for the first offense and $500.00 per day for repeat offenses and other penaldes as a measure to enforce the codes and ordinances of the City of Crestview in cases where violadons continue to exist. if you have any questions concerning this matter, you may call me at (850) 683-0896. Sincerely, Florina Alcobia City of Crestview Code Compliance Officer 850-306-3599 (office) 850-612-5872 (cell) alcobiaf@cityofcrestview.org EXHIBIT # Page 635 of 656 VIOLATION DETAIL PAGE 2 CASE NUMBER 21-00000391 PROPERTY ADDRESS 112 S BOOKER ST ORDINANCE DESCRIPTION : inspection is made or within 72 hours of completion of the work. It shall also be the responsibility of any person to whom the permit is issued to inspect the site and to remove therefrom all such materials which have been previously buried, stored, or left to remain on the site. Sec. 70-36. - Tree surgeons, fence companies, landscape contractors, swimming pool contractors, etc., responsible for waste removal. It shall be the responsibility of all fence companies, tree surgeons, nurseries, landscape contractors and swimming pool contractors or any company doing work on private property to remove from the premises all residue resulting from their work and deposit it in a permitted landfill. Residue shall not be placed at the curbside for pickup. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the debris. VIOLATION: CHAPTER 38 SECT. 38-4 (4) QUANTITY: 1 DESCRIPTION: VEGETATION/DEBRIS/JUNK/TRASH DATE: 1/15/21 LOCATION: ORDINANCE DESCR/PTION : Maintenance and Housing Standards Chapter 38 Property Section 38 - 4 (4) Maintain a public nuisance prohibited The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. CORRECTIVE ACTION REQUIRED : You may abate the violation by removing the vegetation, debris, rubbish, trash, garbage, garden trash or junk from the property. VIOLATION: CHAPTER 38 SECT. 38-4 (1) QUANTITY: 1 DESCRIPTION: INOPERABLE VEHICLES DATE: 1/21/21 LOCATION: NARRATIVE : 1/21/2021, 3:28:06 PM CRESFMA pyrrl rf # ;"°.- Page 636 of 656 VIOLATION DETAIL PAGE 4 CASE NUMBER 21-00000391 PROPERTY ADDRESS 112 S BOOKER ST ORDINANCE DESCRIPTION : Inoperable vehicles are a nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame, vehicle body, or parts, shall be parked or stored on any property, public land, right-of-way, or easement. Any vehicle or inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavators, front end loaders, which by quantity, placement or visibility would in any way constitute a public nuisance as defined in thisiChapter shall be considered to be a violation of this code?and subject to penalties as outlined in this Chapter. CORRECTIVE ACTION REQUIRED : You may abate the violation(s) by the following action(s) . Having the inoperable vehicle, motorcycle, minibike, all -terrain vehicle, boat, excavator or front end loader, repaired to an operating state, affix a current license plate to it, or remove it from the property. Page 637 of 656 Tracking number 742112900 I123467545 Delivered March 10, 02:58PM Crestview, FL Page 638 of 656 rri 1 w 15--) 999 JO 6£9 e6ed L • Complete Items 1.2. end 3. • Print your name and address on the reverse so that we can return the card to y ou. • Attach this card to the back of the maitplece, or on the front if space permits, 1. Article Addressed to: 0,41/0 f e DI 1 ' 3 i i ce; a-13.2., . x CI Agent O Addraeeee Received by printed none) IC. Date of Delivery D. Is de v y address dlRerentfrom Item 1? .1 Yes if YES, enter deftly address below: p No 111!15119110119114!9 1111111119114! 111 III 1611!1,14!111!11 111111111 9590 9402 589 3 23 carnrtearrwrAeerrlceeuoenvory ICI Caesare a Delver/ D ltmuarprr 2. Article Number Mender from seMce �abe11 �gasplated Diem 7020 1290 0001 2346 7545 ir1f0"d°61"" PS Form 38T1, July 2016 P8 7530-6 -coo.. 5 !Hint :fl r1 1. 1.... Mor k Man ExpressO 0=wed Mal Reordered o Retur n Rew ndr eOpar Metcha 0 8Ignahes con9mrattorou G Amen Coriennatto n Domestic Return Receipt 1 CITY OF CRESTVIEW COMMUNITY LLVELOPMENT SERVICES ,DEPARTMENT CODE COMPLIANCE DIVISION 1g8 Wilson Street North Crestview, FL 32536 (850) 683-0896 NOTICE OF PUBLIC HEARING DATE: 4/13/2021 Lee Hayvard 879 McDonald Street Crestview, FL 32536 RE: CASE# 21-386 Dear Property Owner: You are hereby formally notified that on May 18, 2021 at 5:30 P.M.., there will be a Public Hearing at City Hall, located at 198 Wilson Street North Crestview, Florida 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 124 Booker Street, Crestview, FL, 32536, more particularly described as: PIN# 17-3N-23-2490-0076-0150 LEGAL DESCRIPTION: CRESTVIEW LOT 15 & S %: OF LOT 14 BLK 76 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). End: Notice of Vidalfon EXHIB.T # Page 640 of 656 STATEMENT OF VIOLATION 1.Code of Ordinance Violated: CHAPTER 38 SECT. 38-4 (4) The existence of any accumulation of vegetation, debris, rubbish, trash, garbage, garden trash or junk, as defined in this Chapter, upon any parcel of land, improved or unimproved, within the city, to the extent that such parcel may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property, is hereby prohibited, and declared to be a public nuisance. Corrective Action: Remove all vegetation, debris, rubbish, trash, garbage, garden trash or junk, from the property. 2. Code of Ordnance Violated: CHAPTER 70 SECTION. 70-27 (7). - Refuse not acceptable for collection. Refuse materials not acceptable for collection as enumerated in this chapter, unless specifically noted in this section, shall be disposed of by the person generating the nonacceptable refuse. Corrective Action: Remove the solid waste and tires from the property. 3. Code of Ordinance Violated: CHAPTER 38 SECTION 38-4 (1) Inoperable vehicles are a nuisance due to safety, aesthetics, and visual impact on surrounding areas. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents, and other vermin. No inoperable vehicle, including a motor vehicle frame. vehicle body. or parts. shall be parked or stored on any properly. public land, right-of-way, or easement. Any vehicle or inoperative machinery including, but not limited to, cars, trucks, vans, motorcycles, minibikes, all -terrain vehicles, boats, excavators, front end loaders. which by quantity, placement or visibility would in any way constitute a public nuisance as defined in this Chapter shall be considered to be a violation of this code and subject to penalties as outlined in this Chapter. Corrective Action: Remove the inoperable vehicle or bring the vehicle into a state of compliance. a Page 641 of 656 ru ED U.S. Postal Servicee' CERTIFIED MAIL RECEIPT Domestic Mail Only Fell oliek Vef rrltdrnrotlOn, VW Our Wetnite ;IT rYWtr. StS, .CQf 1 SENDER: COMPLETE THIS SECTION - ▪ Complete items 1, 2, and 3. ■ Print your -name and address on the reverse so that we can return the card to you.. Attach this card to the back of the mallplece, or on the front If apace permits. 1. Article Addressed to: Leo NrnA vRRb 8 rre-KoNelLd 57R� Cizsivietx/, Tt_3253F HUM IIU11IIMIII11111III11III IN Ili 1111 9590 9402 5523 9249 0069 71 2. Artide Number (Transfer from sandal Abe►° 7020 12.90 0001 2347 O Agent o Addressee Pate of Delivery • D. la delivery address different from Item l? 12 Yes 1f YES enter delivery address below: C1 No Service Type Ad dn Signature Restricted Delivery O Certified Mane O Certified Mafl Reelrlated Delivery 0 CoNecton Delivery 0 Collect on Delivery Postdated Delivery 0 Insured Mali 0842 i➢ Restricted Delivery PS Form 3811, July 2015 PSN 7530-02 0 8053 EXHIBIT* ts2 0 Priority Mae Expreeal Reglatered TM 00 Dvitteryred Mali Postdated 0 Return FlecetatMerchandise S e0On aflOnTM O SRestricted IgnetureConfirmadonDDBvarY Domestic Return Receipt Page 642 of 656 4/30/2021 USPS.com®- USPS Tracldnge Results USPS Tracking® Track Another Package + Ge. O P - e 19-r i^S Tracking Number. 70201290000123470842 Your item was delive-ed to an individual at the address at 1:49 pm on April 28, 2021 in CRESTVIEW, FL 32536. G Delivered, Left with Individual April 28, 2021 at 1:49 pm CRESTVIEW, FL 32536 Get Updates N• Text & Email Updates Tracking History FAQs > Remove X April 28, 2021, 1:49 pm Delivered, Left with Individual CRESTVIEW, FL 32536 Your item was delivered to an individual at the address at 1:49 pm on April 28, 2021 in CRESTVIEW, FL 32536. April 27, 2021, 1:11 pm Departed USPS Regional Facility PENSACOLA FL PROCESSING CENTER c. a co httpsf/tools.usps.com/go/TrackConfirmAction/qtc tLabels1=70201290000123470842 1/2 Page 643 of 656 Crc -Lvic w, Florida. lJrti tc' cJ 177,,tatc 124 N Loot<cr Wit. Crcatvicw, 1_etr FJ 30" 4Ei' 17_E34_3G'• Lort�} vt/ -SG^ :34' 21.5375' 15/0:-3/21 12:21 F'Iv1 Crc i+'w, F1orich, L)rtit¢c1 Statr.2 3_ Fv F3nc, I<cr -t. FL 1_ t (NI =i C)`" - !.i• ti_f.i!r:Q3 F3•• I on. r--4 W H C •' Li 4 ' l _/... Ids E] L6 4 • • 15/03/21 12:20 F• N4 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 298 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Hayvard Lee, Respondents. Inst. #3458480 Elk: 3549 Pg: 1742 Page 1 of 3 Recorded: 5/26!2021 10:14 AM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK sivy JD PEACOCK 11 CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-391 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 18th, 2021. 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, Hayvard Lee, whose last known mailing address is 879 Mcdonald St Crestview, FL 32536, is the owner of the property located at, 108 Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0076-0130, and more particularly described as: CRESTVIEW LOT 13 & N1/2 OF LOT 14 BLK 76 2. The conditions on the property consist of a large amount of trash, debris, and an inoperable vehicle. The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4(1), (4). - Maintain a public nuisance prohibited, and Chapter 70, of the City Page 647 of 656 of Crestview's Code of Ordinances and requested correction of the violation by January 25, 2021. Re inspection of the property on February 9, 2021, 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. 38-4, (1),(4). - Maintain a public nuisance prohibited, and Chapter 70, 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: Page 648 of 656 8. On or before June 19, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before June 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): remove the vegetation, junk/debris, trash and bring the inoperable vehicle to a state of being ready for highway use and affix a license plate to it or remove it from the property. 10. If the violation(s) are not corrected by June 19, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 18th, Day of May 2021. Specia'i '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. Page 649 of 656 CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, vs. Hayvard Lee, Respondents. Inst. #3591816 6k: 3651 Pg: 4516 Page 1 of 3 Recorded: 11/18/2022 12:38 PM RECORDING ARTICLE V: $12.00 RECORDING: $15.00 DEPUTY CLERK JDUNLAP JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-391 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on May 1 8th, 2021. 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, Hayvard Lee, whose last known mailing address is 879 Mcdonald St Crestview, FL 32536, is the owner of the property located at, 108 Booker Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0076-0130, and more particularly described as: CRESTVIEW LOT 13 & NI/2 OF LOT 14 BLK 76 2. The conditions on the property consist of a large amount of trash, debris, and an inoperable vehicle. The violation(s) were first observed on January 12, 2021. A Notice of Violation was mailed by certified mail January 15, 2021 and received by respondent on January 16, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4(1), (4). - Maintain a public nuisance prohibited, and Chapter 70, of the City Page 650 of 656 of Crestview's Code of Ordinances and requested correction of the violation by January 25, 2021. Re inspection of the property on February 9, 2021, 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. i 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. 38-4, (1),(4). - Maintain a public nuisance prohibited, and Chapter 70, 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: Page 651 of 656 8. On or before June 19, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of $250.00. 9. On or before June 19, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): remove the vegetation, junk/debris, trash and bring the inoperable vehicle to a state of being ready for highway use and affix a license plate to it or remove it from the property. 10. If the violation(s) are not corrected by June 19, 2021, a fine in the amount of $250.00 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. Done and Ordered on the 18th, Day of May 2021. Seltrkr r Speciat� li�l agistrate City of Crestview, Florida DATE: B CERTIFIED A TRUE AND CORRECT QPY 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. Page 652 of 656 124 S Booker St £.• Aug 30, 2023 at 2:57:24 PM 124 S Booker St Crestview FL 32536 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: September 11, 2023 TYPE OF AGENDA ITEM: Presentation Item # 12.1. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Tim Bolduc, City Manager 9/8/2023 City Manager Updates BACKGROUND: A brief overview of current projects is presented. DISCUSSION: Project Update: GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a COMMENDED ACTIO No action required. Page 655 of 656 Attachments None Page 656 of 656