HomeMy Public PortalAbout09.19.2023 SM Minutes FINALSpecial Magistrate Hearing Minutes
September 19, 2023
5:30 p.m.
Council Chambers
1 Call to Order
Special Magistrate S. Taylor called the Hearing to order at 5:30 p.m.
2 Administration of oath to staff/ Respondents /Witnesses
Special Magistrate S. Taylor swore in all participants for the quasi-judicial segments of the meeting at
5:35 p.m.
3 Red Light Hearing
3.1 Case #1012000000154140
Special Magistrate S. Taylor stated that Mr. Courtney attended the Red -Light Hearing and asked
Officer D. Howe, who oversees the Red -Light proceedings, to begin the testimony.
Officer D. Howe presented Case#1012000000154140 which included video footage of the vehicle
in question.
Office D. Howe asked Deputy City Clerk N. Peacock to show the video footage from the red-light
camera. Deputy City Clerk Peacock played the video for all to view.
Officer D. Howe noted that there is a violation of section 316.074 Florida Statute 316075 sub-
paragraph one and 3160083 Florida Statutes which makes Mr. Courtney responsible for a penalty of
a total of $233.00.
Special Magistrate S. Taylor asked Mr. Courtney if he would like to speak.
Mr. Courtney spoke in defense of the driver having to run the light due to the amount of weight the
dump truck was carrying at the time.
Special Magistrate S. Taylor reviewed the factors of the case and stated that the driver was in
violation of the fine of $233.00. He did understand the decision the driver made but unfortunately
there was a violation.
3.2 Case # 1012000000151757
Special Magistrate S. Taylor stated that Mrs. Martinez was in attendance and asked Officer D.
Howe, who oversees the Red -Light proceedings, to begin the testimony.
Officer D. Howe presented Case#1012000000151757 which included video footage of the vehicle
in question. Officer D. Howe asked Deputy City Clerk N. Peacock to show the video footage of
from the red-light camera. Deputy City Clerk Peacock played the video for all to view.
Officer D. Howe noted that there is a violation of section 316.074 Florida Statute 316075 sub-
paragraph one and 3160083 Florida Statutes which makes Mrs. Martinez responsible for a penalty.
Special Magistrate Taylor asked if Mrs. Martinez would like to comment.
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Mrs. Martinez stated that she and her family were new to the area and were still getting to know the
area but in this instance her husband was driving. Her husband, Mr. Martinez, stated that he was
driving and reiterated that they were new in town, and they were not deliberately running the red
light.
Special Magistrate S. Taylor reviewed the factors of the case and stated he understood the
circumstances but there is evidence of a violation, that Mr. Martinez was in violation and incurs a
fine of $233.00. Special Magistrate Taylor informed Mr. Martinez that this violation does not put
any points against his or her driver's license.
4 Code Enforcement Hearings
4.1. 23-516
Special Magistrate S. Taylor opened Case 23-516 stating the owner listed is Marlin Curtis for the
property at 279 Holland Street. He noted that a representative was present, and that Ms. Lawson
could present her case.
Code Enforcement Officer D. Lawson then presented the case and asked that Exhibit 3 be entered
into the record. Special Magistrate S. Taylor accepted Exhibit 3 into the record and asked if the
representative for Mr. Curtis wanted to speak.
The representative for Mr. Curtis stated that many of the violations have been complied with and
the rest were being worked on.
Special Magistrate S. Taylor reviewed the findings presented and found that the property was in
violation of section 65 subparagraph W that pertains to the fence with the evidence presented. Then
ordered that the property owner had sixty (60) days to address the issue of the fence and that the fee
for the hearing is waived.
4.2. 22-1040
Special Magistrate S. Taylor opened Case #22-1040 stating that the owner, Jerry Milligan Sr., of
the property located at 1097 N. Pearl Street, Crestview is not in attendance.
Code Enforcement Officer D. Lawson presented the case and requested that Exhibit 1 be entered
into the record. Special Magistrate S. Taylor accepted Exhibit 1 into the record.
Special Magistrate S. Taylor reviewed the documents and concluded that the property did stand in
the violations submitted.
Special Magistrate S. Taylor ordered that the owner had on thirty (30) days, to bring the property
into compliance and if the property is not brought into compliance, it accrues a $250 a day fine to
be assessed with an annual interest of 6.77% to include the cost of the hearing.
4.3. 23-378
Special Magistrate S. Taylor opened Case #23-378 stated that the owner is Mauree & John Silva of
the property located at 298 West Griffith Ave, Crestview. There was no one in attendance or no one
to represent their interest.
Code Enforcement Officer D. Lawson presented the case stating violations and notes of same are
included in the attached documents. She went over the mailings, postings at City Hall and property,
as well as the Notice of Public Hearing. She asked that Exhibit 2 be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 2 into the record.
Special Magistrate S. Taylor reviewed the documents and concluded that the property did stand in
the violations submitted.
Special Magistrate S. Taylor ordered that the owner had thirty (30) days, to bring the property into
compliance and if the property is not brought into compliance, a $200 a day fine will be assessed
with an annual interest of 6.77% to include the cost of the hearing.
Special Magistrate S. Taylor concluded the hearings, and a citizen in the audience asked to speak.
Mr. Taylor informed the person that he could speak if it were not in reference to a case that he has
presided over or will preside over.
The citizen stated that he was not sure whether he was to be at the hearing because had not heard
from the Code Enforcement Officer that was handling his case.
Special Magistrate S. Taylor informed the citizen that the officer would contact him and be more
than able to resolve his issue.
5 Adjournment
Special Magistrate S. Taylor adjourned the Hearing at 6:18 p.m.
Minu s submitte., b
1
ata. , a `w . P cock, Deputy City Clerk
Prop ,r Notice having been duly given