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.
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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