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HomeMy Public PortalAboutFinal Administrive Order and Letter_Santa Rosatato •cY v CRESTVIEW OFFICE OF THE CITY CLERK 198 Wilson Street N, P.O. Box 1209, Crestview, EL. 32536 850.682.1560 ext. 2 , cityclerk@cityofcrestview.org September 20, 2023 VIA CERTIFIED MAIL Santa Rosa Site & Pipe, LLC Mr. William Courtney, Jr. 4175 Castle Gate Drive Pace, Florida 32571 RE: Final Administrative Order Dear Mr. Courtney, Jr.: I have included a copy of the Final Administrative Order issued by the Magistrate regarding the Red -Light Violation Hearing appeal. Please comply with the order by submitting the fine in the amount of $233.00 to the Crestview Police Department. Sincerely, 7i\( ,e_ MarjTannes8chrader City Clerk cc: Magistrate Chief Stephen McCosker Officer Don Howe, Jr. Waidene Bayne FINAL ADMINISTRATIVE ORDER- SECTION 316.0083, FLORIDA STATUTES VIOLATION Hearing Location: Crestview City Hall 1. Petitioner: 2. Enforcement Officer: 3. Hearing Officer: 4. City Clerk: Date: 9/19/2023 Time: 5:30 p.m. Santa Rosa Site & Pipe, LLC/William Courtney, Jr. Donald Howe/April White Samuel Taylor, Esquire Maryanne Schrader REGISTERED VEHICLE OWNER & VIOLATION INFORMATION 1. Registered Vehicle Owner And Address 2. Violation Date 3. Violation Number 4. Vehicle Tag Number 5. : Santa Rosa Site & Pipe, LLC 4175 Castle Gate Drive, Pace, FL 32571 :6/22/2023 :1012000000154140 :ME84EI Uniform Traffic Citation No. : (If Applicable) PRELIMINARY MATTERS, FINDINGS OF FACT, RULINGS OF LAW, ORDER, PENALTY AND COSTS I. PRELIMINARY MATTERS A. Continuance Yes < No 1. Date Requested Continuance: 2. New Hearing Date: Iq Sgv B. Appearance of Petitioner/Registered Vehicle Owner 1. In Person V- ; Address Confirmed 2. By Affidavit of Defense 3. Failure to Appear 1 II. FINDINGS OF FACT A. When the traffic control signal device turned red, did the driver stop before entering the crosswalk on the near side of the intersection, stop at or before the stop line on the near side of the intersection or, if none, then before entering the intersection: Yes No 0( B. Other Findings of Fact: — :Vn AFFtA i-r cis FT-a- UCh+�4. 1x44, h ,0- - Za .1 s rai III. CONCLUSIONS OF LAW A. Violation of Section 316.074(1), Florida Statutes: Yes No B. Violation of Section 316.075(1), Florida Statutes: Yes No C. Violation of Section 316.0083, Florida Statutes: Yes No D. Other Conclusions of Law: 31C - Dip Pi 7U2c krH 04 Lrokyr 0l5 ,Ls,i 44 E,(cEt-rYr4 -rua1 Afic-E57 LA4 rviFrv- (42WifW /Am/A- 2 IV. ORDER A. Uphold the Violation of Section 316.0083, Florida Statutes B. Dismiss the Violation of Section 316.0083, Florida Statutes V. PENALTY/COSTS: A. Penalty: $158.00 B. Costs: $ 75.00 Total amount due: $233.00 DONE AND ENTERED this day of 50t. , 2023, in Crestview, 014Ai uS9- County, Florida. Sam I a %r Magistrate THE PETITIONER IS REQUIRED TO PAY THE ABOVE AMOUNT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS FINAL ADMINISTRATIVE ORDER. AN AGGRIEVED PARTY MAY APPEAL THIS FINAL ADMINISTRATIVE ORDER CONSISTENT WITH THE PROCESS PROVIDED UNDER SECTION 162.11, FLORIDA STATUTES HEARING EXHIBITS ATTACHED 1. Notice of Violation 2. Request For Local Hearing 3. Affidavit Requesting Hearing and Forfeiting Ability to Consent Delivery 4. Affidavit for Photo Enforcement Violation Notice 5. Notice of Hearing 6. Vehicle Registration 7. Second Notice of Violation 3 NOTICE OF RED TRAFFIC SIGNAL VIOLATIC Traffic Safety Division 201 Stillwell Boulevard Crestview, FL 32530 850-306-3079 SANTA ROSA SITE & PIPE, LLC 4175 CASTLE GATE DR PACE, FL 32571-7352 11111111YBAr01111I11NI Plate Number: ME84EI Password: AtJV6JHW View your violation at www.ZeroFatality.com Your vehicle was photographed running a red light, in violation of §316.075(1)(c)1, Florida Statutes. Location: S Ferdon Blvd Qu E James Lee Blvd SB Date: 06/22/2023 Time: 15:52:38 Red Time: 0.7 Amber Time: 4.0 Plate Number: ME84EI Vehicle Make: WSTR As the vehicle's registered owner/lessee you are liable for the violation. The civil penalty is $158.00 (payment instructions below). Payment is deemed an admis- sion and waiver of your right to appeal. Failure to pay will result in the issuance of a Traffic Citation. PAYMENT OF THE PENALTY AMOUNT FOR THE VIOLATION WILL NOT RESULT IN POINTS AND CANNOT BE USED TO INCREASE YOUR INSURANCE RATES. City of Crestview Officer's Certificate Based on personal inspection of vehicle images showing violation of Florida Statute § 316.075(1)(e)1 $worn to or affirmed by: Officer April White _a Signature of officer You may view your violation images and video online and pay your fine at www.ZeroFatalitv.com Please enter Plate Number and Password provided below to enter the secure web site. Plate Number: ME84EI Password: AtJV6JHW Amount Due: 158 07i0312023 Date Check or Money Order (NO CASH) Payable to: City of Crestview upitialisuaceil Please call the Automated Enforcement Division toll free at: (866)-247-8157 to pay 24/7 Pin -Code: 7079 Customer Service hours: Due Date: 09/01/2023 . Monday to Friday V olat on Number: 1012000000154140 10:00 AM - 5:00 PM (ET) !1J!IHllhI pifligNinppoAwii91 Traffic Safety Division 201 Stillwell Blvd. Crestview, FL 32539 VISA 6tsc VER PLEASE NOTE: A 86.95 convenience fee will be added to aft online and telephone payments. Please dick the payment button only once. DO NOT make a second attempt to pay online. We are not respon- sible for bank fees or other charges incurred by you as a result of your failure to follow these instructions. JD PEACOCK II (Only Credit Card, Debit Card and Checks Accepted) Crestview Police Department 201 Stillwell Boulevard Crestview, FL 32539 Call Traffic Safety Division at: 850-306-3079 Monday to Friday 8:00 AM — 4:00 PM (CT) Instructions for how to submit an Affidavit of Defense or request a hearing may be found on the back side and online at www.ZeroFatality.com REQUEST FOR LOCAL HEARING RED LIGHT VIOLATION Driver/Vehicle Owner and Notice of Violation information (NOV) (To be provided by requestor) Date: Name (Typed or Printed): SCsfkrret RASA. S ire. #6 Pope; C-C-c- Mailing Address: H 115 Ccosrile, G, ATP * 2s ve... City: Pci.c e— State: FL- Zip: T)"Z t Telephone Number: 565e3—e. L. - S"7L4 Fax: E-mail: t— t Li. crr NQ - v c r a .cItZtnS•5l:karnk . C..c►Y+4. NOV Number: 1 (11t s, ea 0 aI o a NOV Date: (C" a Tag Number: ME,-4 Driver License Number : Agency/issuing Authority: c 4 ry ce. 4a cal t c 4:4 Issuing Officer/Agent Name: P 2iL. W LT- .. Badge #: 1)QPat `C . iii Local Court or Hearing Officer Information (To be provided by local authority) Local Court or Hearing Officer: Address: City: State: Zip: POC Telephone Number: Fax: Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 Affidavit Requesting Hearing and Forfeiting Ability to Contest Delivery: I Lad i t . C,�4,f fir. . hereby request a formal hearing before a local court or hearing officer in the county of (COUNTY) 1 understand that I must submit this request to the Clerk of the Court or the City Clerk for the assigned local hearing officer within 60 days from the date posted on the Notice of Violation (NOV). I understand that by filing a request for this hearing, I waive my ability to contest the delivery of the NOV as set forth in F.S.S. 316.083 (c) and (d). I understand that I have the option to reschedule a hearing once by notifying the appropriate clerk of the court and/or the city clerk for the local hearing officer in writing at least 5 calendar days prior to the scheduled hearing. I understand that if I do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and I am responsible for all fines and/or fees and that a stop will be placed against the registration of all vehicles that have me listed as a registrant. I also understand that if the NOV is affirmed by the court and/or local hearing officer, that I am responsible for the payment of the original penalty plus up to $250.00 in local fees as set forth in F.S.S. 316.083 (5). I attest that I fully understand the stipulations of these laws and the associated penalties. Sworn by me on $[t4tz3 and affirmed by my signature below. Printed Name: LSO t t. % a,w. tr' . CcAl vq23.i Signature of Requestor: C 4 oo . Cam - Date Signed: ' I vy. j Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 R LVD PEFiC C AFFIDAVIT FOR PHOTO ENFORCEMENT VIOLATION NOTItej 22 20 i' ° 1-3 STATE OF: FLFlott..IDA _ SS M i 1-E oa COUNTY OF: C c t4 l3 -tz S iA (County you are in now) SsbP4TA VGA S 4 etPE LLC.., (Print Name as it appear▪ s on your Notice) Address: 44 1,5 C4 s4tl . WM, Wt. (Street and Appt or Unit No.) Name: E-Mail: (State you are in now) •RfaSit(Ad Ft_ 3'2SZ t--135=k. (City, State and Zip Code) t01tti• 4,14121 ki.VCAL1/4441kCAn.SatiaAd Officer Name: (City you are in now) AFFIDAVIT OF DEFENSES Telephone No: License Plate No: Violation No: Violation Date: (E-Mail Address) (Auk (Affidavit must be notarized) 1, Li-) i Lit OVA F. C.li34314�q tit . (print or type name), being first duly sworn, hereby swear or affirm: (Check as applicable) [V�I hereby request a formal hearing before a local court or hearing officer. I understand that I must submit this -request for the assigned local hearing officer within 60 days from the date posted on the Notice of Violation (NOV). I understand that by filing a request for this hearing, I waive my ability to contest the delivery of the NOV as set forth in F.S.S. 316.083 (c) and (d). I understand that I have the option to reschedule a hearing once by notifying the appropriate clerk of the court and/or the clerk for the local hearing officer in writing at least 5 calendar days prior to the scheduled hearing. I understand that if I do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and I am responsible for all fines and/or fees and that a vehicle registration stops will be placed on my record. I also understand that if the NOV is affirmed by the court and/or local hearing officer, that I am responsible for the payment of the original penalty plus up to $250.00 in local fees as set forth in F.S.S. 316.083 (5). ❑ I was not the owner of the vehicle identified in the subject Notice of Violation on the date of the alleged violation. $tL (Include Area Code) (License Plate Number and State) I Co 2 t eZ ei0 1S LA L (Appears at the bottom left hand corner ofyour Notice) CPa3_ (Appears on the face of the Notice below first paragraph) AP re -It- t )iAct (Appears under the signature on the Notice of Violation) ❑ The above identified vehicle and/or license plates were stolen before the alleged violation occurred and neither was in my possession or control at such time. I have attached a certified copy of the police report related to this assertion. ❑ The driver of the vehicle during the alleged violation passed through the intersection when the light was red either (i) to yield the right- of-way to an emergency vehicle, or (ii) as part of a funeral procession. ❑ The driver of the vehicle during the alleged violation passed through the intersection when the light was red at the direction of a police officer acting within the scope of his duties. ❑ The driver of the vehicle during the alleged violation passed through the intersection when the light was red received a Uniform Traffic Citation for the same conduct issued by a police officer. I have attached a copy of the Uniform Traffic Citation to this Affidavit. ❑ The vehicle's owner was deceased on or before the date of the violation. You must submit (I) a bill of sale or other document showing that the vehicle was sold after the death but before the violations, (II) proof that the license plate was returned after death but before the violation, or (III) a police report showing that the vehicle or plates were stolen after death, but before the date of the violation. Further Affiant sayeth not. (Signature ofAjfiant) ❑ The vehicle identified in the Subject Notice of Violation was, at the time of the alleged violation, under the care custody and control of the following named individual: Name: Address: l-cJ, I 1 QM F. CvNJr4 nM-9 31r . (Print Nome) (Street and Appt or Unit No.) $1��123 (Date) Subscribed and Sworn before me this ) q day of HH 272762 EXPIRES: June 6, 2026 (Address 2) (city, State, Zip.) Birth Date.: Sex.: (Month) / (Day) / (Year) (Male or Female) Drivers License No.: (State) (DL Number) Telephone No.: [ ] - ' If all information is not provided, this Affidavit will be rejected "If this section is completed, the named individual will receive a Notice of Violation and will have sixty (60) days to respond. Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221