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HomeMy Public PortalAbout05.16.2023 SM Minutes FinalSpecial Magistrate Hearing Minutes May 16, 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 stated that he would swear in all participants before the presentation of each case. 3 Red Light Hearing 3.1 Case #101200000142384 Special Magistrate S. Taylor stated that Mr. West is present for the Red -Light Hearing and asked Officer D. Howe, who oversees the proceedings, to begin the testimony. Officer D. Howe presented Case#1012000000142384 and asked for Exhibit 1, depicting the certification of officer, maintenance and certification of the light, and Certificate of Authenticity, to be made part of the record. Special Magistrate S. Taylor accepted Exhibit 1 into the record. Officer D. Howe presented exhibit 2, 2a and 2b to show the certification of authenticity for the red-light cameras. Office D. Howe asked the Deputy City Clerk N. Peacock to show the video footage of Mr. West from the red-light camera. Deputy City Clerk Peacock played the video for all to view. Officer D. Howe noted a violation of Section 316.074 Florida Statute 316075 sub -paragraph one and 316.0083 Florida Statutes with a penalty incurred with a total of $233.00. Mr. West stated the vehicle belonged to him, but he was not driving the vehicle at that time. Special Magistrate S. Taylor asked Mr. West if he filed an affidavit to state that he was not driving the vehicle. Mr. West stated that he works as a law enforcement officer in the State of Georgia and was working when this violation occurred. Special Magistrate S. Taylor again asked if an affidavit was filed to indicate that he was not driving. Mr. West answered that he was not driving. Special Magistrate S. Taylor reviewed the factors of the case and stated that Mr. West was in violation of the fine of $233.00. Mr. West stated that he wanted to appeal. Page 1 1 4 Code Enforcement Hearings 4.1. Case 22-897 Special Magistrate S. Taylor opened Case 22-897 stating the owners listed are Black Diamond LLC of 1337 North Pearl Street, Crestview, Florida 32536. The owner was not present. Special Magistrate S. Taylor instructed Code Enforcement Officer D. Lawson to present the case. Code Enforcement Officer D. Lawson presented the case and requested that exhibits 3 and 3a be entered into as evidence. Special Magistrate S. Taylor accepted Exhibit 3 and 3a to be entered into the record. Special Magistrate S. Taylor reviewed the findings presented and found that the property was in violation with the evidence presented. Special Magistrate S. Taylor ordered that the owner had on or before 08/17/2023, to bring the property into compliance and if the property is not brought into compliance in ninety (90) days, a $250 a day fine will be assessed with an annual interest of 6.77%. There will be a cost of $250.00 to include the cost of tonight's hearing. 4.2. Case 23-187 Special Magistrate S. Taylor opened Case #23-187 stating that the owner is Roderick Ford Sr., et al and the property is located at 868 Bay Street, Crestview. He noted that no representative was in attendance. Special Magistrate S. Taylor asked Code Enforcement Officer D. Lawson to present the case. Code Enforcement Officer D. Lawson presented the violations concerning the property at 868 Bay Street. She requested that Exhibit 7 and 7a be entered into the record. Special Magistrate S. Taylor accepted Exhibit 7 and 7a into the record. Special Magistrate S. Taylor reviewed the findings presented. Code Enforcement Officer D. Lawson informed the magistrate that the property has been submitted to the City Attorney's office for foreclosure under case 21-257. The property owner on record provided written permission for the city to demolish the structure. She requested Exhibit 7b be entered into the record. Special Magistrate S. Taylor accepted Exhibit 7b into the record. Special Magistrate S. Taylor ordered that property did stand in the violations submitted and with this second order the property owner has given the city permission to demolish the house, to bring the property into compliance and if the property is not brought into compliance in thirty (30) days, a $250 a day fine will be assessed with an annual interest of 6.77% . The cost of the hearing was waived. 4.3. Case 22-1460 Special Magistrate S. Taylor opened Case #22-1460 stating that the owner is Shirl Stewart & Tzena McDonald of 286 Anderson Street, Crestview, Florida 32536. The owners were not present. Code Enforcement Officer D. Lawson presented the case. 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 5 be entered into the record. Special Magistrate S. Taylor accepted Exhibit 5 into the record. Special Magistrate S. Taylor reviewed the documents and concluded that the property had violations. He ordered that the owner had on or before sixty (60) days, to bring the property into compliance and if the property is not brought into compliance on or before that sixty (60) period, a $250 a day fine will be assessed with an annual interest of 6.77% to include the cost of the hearing. 4.4 Case 19-813 Special Magistrate S. Taylor opened Case #19-813 stating that the owner is James E. Youngblood III of 498 Spring Street, Crestview Florida, 32536. The owner was not in attendance, or anyone representing the owner. Code Enforcement Officer D. Lawson presented the case and asked that the Special Magistrate amend the order to allow the language for the city to clean up the property. She then requested that Exhibit 6 be entered as evidence. Special Magistrate S. Taylor accepted Exhibit 6 into the record. Special Magistrate S. Taylor found that the property was in violation and the city has permission to enter the respondent's property to abate the continued violation of Chapter 38 that has been ongoing since entry of the original order of January 2021. The owner is still responsible for the fines and fees that have already accrued. 5 Adjournment Special Magistrate S. Taylor adjourned the Hearing at 7:35 p.m. Minutes submitted by, tasi a . Pe c Deputy City Clerk Prope Notice hav rg been duly given