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HomeMy Public PortalAboutCase 23-516CITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. Marlin Curtis 279 Holland Street Crestview, FL 32536 Respondents. File p 3648996 09/27/2023 03:16:02 PM Total Pages: 3 Fees: $27.00 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL CASE# 23-516 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on September 19, 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, Marlin Curtis, whose last known mailing address is 279 Holland Street, Crestview, FL 32536, is the owner of the property located at, 279 Holland Street, Crestview, FL 32536, AKA PIN# 07 -3N -23-1180-0002-003A, and more particularly described as: HOLLAND ADD N75 FT LOT 3 BLK 2 2. The conditions on the property consist of a fence in a state of disrepair. The violation(s) were first observed on April 20, 2023. A Notice of Violation was mailed by certified mail May 2, 2023, and received by respondent on April 3, 2023. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 65 (w). - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by May 23, 2023. Re inspection of the property on May 25, 2023, confirmed that violation(s) continue to exist on the property. 3. Proper notice of the cited violations and the notice of hearing was served on the Respondents, and the Respondents were provided with the opportunity to be heard and submit testimony and evidence at the properly noticed hearing. CONCLUSIONS OF LAW: 4. The respondent failed to bring the property into a full state of compliance prior to the Notice of Violation deadline and is in violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 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. The costs incurred in prosecuting this case before the Special Magistrate shall be waived. 9. On or before November 20, 2023, the Respondent is to correct the violation(s) by conducting the following action(s): a. Repair, replace, or remove the fence. 10. If the violation(s) are not corrected by November 20, 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 20th day of September 2023. Digitally signed by Samuel B. Samuel B. Taylor Taylor Date: 2023.09.26 20:28:57 -05'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECT OPY 4)-44-0- ) Pv'v wi c. BY: O, C -A kfV- DATE: 9 - '11- a n a 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.