HomeMy Public PortalAbout203 E CHESTNUT AVE PH NOTICECITY OF CRESTVIEW
CODE COMPLIANCE DIVISION
201 Stillwell Blvd
Crestview, FL 32539
(850) 683-0896
NOTICE OF PUBLIC HEARING
09/14/2023
PHELPS JOSEPH E & ESTHER M
203 E CHESTNUT AVE
CRESTVIEW FL 32539
RE: CASE# 23-539
Dear Property Owner:
You are hereby formally notified that on October 17, 2023, at 5:30 P.M., there will be a Public Hearing
at City Hall, located at 198 Wilson Street North, Crestview, Florida 32536 in the Council Chambers. This
meeting is being held concerning violations that continue to exist on a parcel of property belonging to
you located at 203 E Chestnut Ave., Crestview, FL 32539 more particularly described as:
PIN# 17-3N-23-2490-0016-1170 LEGAL DESCRIPTION: CRESTVIEW LOT 117 BLK
16 EXC ST RD ROW
The Special Magistrate has the power to levy fines up to $250 per day for a first violation, and up to
$500 per day for a repeat violation. If the Special Magistrate finds the violation to be irreparable or
irreversible in nature, a fine, not to exceed $5,000 per violation, may be imposed.
If a violation, or the condition causing the violation, presents a serious threat to the public health, safety,
and welfare, or if the violation is irreparable or irreversible in nature, the Special Magistrate will notify
the local governing body, which may make all reasonable repairs required to bring the property into
compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed.
If the City prevails in prosecuting a case before the Special Magistrate, it shall be entitled to recover all
costs incurred in prosecuting the case before the Special Magistrate, and such costs may be included in
the lien authorized under FS 162.09(3).
A certified copy of an Order imposing a fine, or a fine plus repair costs, will be recorded in the Okaloosa
County Public Records, and thereafter shall constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator.
Encl: Notice of Violation
You have the right to obtain an attorney, at your own expense, to represent you before the Special
Magistrate.
If you desire a verbatim transcript of the proceedings for appeal purposes, you should arrange for a court
reporter to attend the hearing.
The Crestview Special Magistrate was created pursuant to Florida Statue 162. The purpose of the Special
Magistrate is to facilitate the enforcement of local and state laws.
Maddie Tatom
Code Compliance Officer
City of Crestview
850-683-0896
Form 53A
Appendix 8
Revised 2021
VIOLATION DETAIL
PAGE 1
iSE NUMBER 23-00000539
:OPERTY ADDRESS 203 E CHESTNUT AVE
VIOLATION: CH 38 SEC 65 ACC STR-POOL QUANTITY: 1
:SCRIPTION: ACC STR-POOLS-SPAS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.65 - Standards for Improved Property.
(s) Accessory structures: Garages, storage buildings and all
other accessory structures shall be maintained and kept in
good repair and sound structural condition.
(t) Swimming pools: No person owning, operating, or having
possession of any property within the city shall allow the
accumulation of stagnant water. All swimming pools, spas,
architectural pools, ponds, or bodies of water shall be
properly maintained so as not to create a safety hazard or
harbor insect infestation. Water shall not be allowed to
stagnate or to become polluted. Pools and spas shall be kept
in working order, and the water quality shall be such that
it does not create a breeding ground for mosquitoes or other
insects. Roofs or other structures, or improvements designed
for the retention of water are exempt from this section but
shall be subject to the design capabilities of a said roof,
structure, or improvement or other governing codes.
CORRECTIVE ACTION REQUIRED :
Building Permits: Prior to commencing work to correct a
violation as described below, a building permit, or approval
from the Building Official is required. Failure to obtain a
building permit is punishable by Florida Statute 553.
You may abate the violation(s) by conducting the following
action(s).
ACCESSORY STRUCTURES:
1. Repair, replace, or remove the accessory structure.
For further information, please contact the City of
Crestview Permitting Department @ 850-689-1618 ext. 254 or
261.
POOLS & SPAS
1.Pools and spas shall be kept in working order, so that
pool, or spa water remains free and clear
of pollutants and debris, and the water quality shall be
such that it does not create a breeding
ground for mosquitoes or other insects.
2. If a swimming pool has been converted to a fishpond,
there must be adequate filtration to
VIOLATION DETAIL
PAGE 2
SSE NUMBER 23-00000539
tOPERTY ADDRESS 203 E CHESTNUT AVE
CORRECTIVE ACTION REQUIRED :
ensure the water does not become stagnant, and the water
quality shall be such that it does not create a breeding
ground for mosquitoes or other insects.
3. No person owning, operating, or having possession of any
property within the city shall allow the accumulation of
stagnant water.
VIOLATION: LDC CH 7 SEC. 7.01.02 QUANTITY: 1
;SCRIPTION: ACCESSORY BUILDINGS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
LAND DEVELOPMENT CODE CHAPTER 7
SECTION 7.01.02 ACCESSORY BUILDINGS
Site Development standards for accessory buildings (storage
buildings, utility buildings, sheds, greenhouses, etc.).
A. Accessory buildings in all zoning districts shall abide
by the following requirements and standards:
1. In lots within recorded subdivisions and non -platted lots
with a depth less than 250 feet:
a. Accessory buildings shall only be placed in side and rear
yards and shall be setback three (3) feet from side and rear
property lines.
b. Accessory buildings on lots facing multiple rights -of -way
may be placed in any front yard not abutting the face of the
structure containing the front door, up to the required
front setback. See figure 7.01.02.
c. If an accessory building is proposed to be built closer
than ten (10) feet to the principle structure, it must meet
the setbacks of said principle structure.
2. In lots not within recorded subdivisions and with a lot
depth of 250 feet or greater:
a. Accessory buildings may be placed in any side, rear or
front yards, shall be setback three (3) feet from side and
rear property lines and shall not be within any required
front setback.
b. If an accessory building is proposed to be built closer
than ten (10) feet to the principle structure, it must meet
the setbacks of said principle structure.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by obtaining a building permit.
VIOLATION: CH 38 SEC 66 QUANTITY: 1
:SCRIPTION: ACCESSORY STRUCTURES DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
VIOLATION DETAIL
PAGE 3
kSE NUMBER 23-00000539
tOPERTY ADDRESS 203 E CHESTNUT AVE
ORDINANCE DESCRIPTION :
38.66 - Accessory structures.
Garages, storage buildings and all other accessory
structures shall be maintained in good repair and sound
structural condition. Structures attached or unattached, to
the principal structure, which are found by the Building
Official to be structurally deficient, shall be repaired or
demolished within the timeframe set by the Building
Official. Maintenance of accessory structures shall comply
with the following:
(a) The exterior of the building and premises to include but
not limited to parking areas and landscaped areas shall be
maintained in a sound, clean and neat condition.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by obtaining a building permit
and repairing, or removing the accessory structure from the
property.
You may contact the permitting department @ 850-689-1619
ext. 254 or 261.
VIOLATION: CH 38 SEC 65 DOORS/FRONTS QUANTITY: 1
:SCRIPTION: EXTERIOR DOORS/STOREFRONTS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.65 - Standards for Improved Property.
(h) Exterior doors: Every exterior door and hatchway or
garage door shall be kept in sound working condition and
good repair.
(i) Exterior doorframes and storefronts: Exterior doorframes
and storefronts shall be maintained in good condition. All
moldings shall be securely attached to the structure and
maintained in good condition without splitting or
deterioration.
CORRECTIVE ACTION REQUIRED :
Building Permits: Prior to commencing work to correct a
violation as described below, a building permit, or approval
from the Building Official is required. Failure to obtain a
building permit is punishable by Florida Statute 553.
You may abate the violation(s) by conducting the following
action(s).
Repair, or replace, the exterior door, garage door, the
exterior doorframes or storefront. All moldings shall be
securely attached to the structure and maintained in good
VIOLATION DETAIL PAGE 4
LSE NUMBER 23-00000539
tOPERTY ADDRESS 203 E CHESTNUT AVE
CORRECTIVE ACTION REQUIRED :
condition without splitting or deterioration.
VIOLATION: CH 38 SEC 65 EXT. SURFACE QUANTITY: 1
:SCRIPTION: EXTERIOR WALLS/SURFACE DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.65 - Standards for Improved Property.
(e) Exterior walls: Exterior walls of buildings shall be:
(1) Maintained free from holes, breaks, and loose or rotting
materials: and maintained, weatherproofed and surfaces
properly coated as needed to prevent deterioration.
Decorative features such as cornices, belt courses, corbels,
trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage. Any
graffiti shall be removed or repainted to match existing
surfaces.
(j) Exterior surface treatment: All exterior surfaces,
including by way of example and not limitation, doors and
window frames, cornices, porches, decks, trim, balconies,
fences, and docks, shall be maintained in good condition.
Exterior wood surfaces, other than decay- resistant woods,
shall be protected from the elements and decay by painting
or other protective treatment. Peeling paint is prohibited
and surfaces shall be repainted. All metal surfaces shall be
coated to inhibit rust and corrosion and all surfaces with
rust or corrosion shall be stabilized and coated.
(k) Repair, replace or repaint the exterior porch,
balcony, stairs, fire escape, banisters or railings
Handrails and guardrails shall be maintained to withstand
loads prescribed by the Florida Building Code.
CORRECTIVE ACTION REQUIRED :
Building Permits: Prior to commencing work to correct a
violation as described below, a building permit, or approval
from the Building Official is required. Failure to obtain a
building permit is punishable by Florida Statute 553.
You may abate the violation(s) by conducting the following
action(s).
Repair or paint the exterior walls of the building that
contains any of the following.
(1) Holes, breaks, and loose or rotting materials.
(2) Repair or replace any decorative features such as
cornices, belt courses, corbels, trim, wall
facings and similar decorative features.
VIOLATION DETAIL
PAGE 5
SE NUMBER 23-00000539
:OPERTY ADDRESS 203 E CHESTNUT AVE
CORRECTIVE ACTION REQUIRED :
(3) Remove, repaint, any graffiti on the building to
match existing surfaces.
(4) Repair, replace or repaint, the exterior surface
of the building, to include, doors, window
frames, cornices, porches, decks, trim,
balconies, fences, and docks. All stairs shall be
maintained safe and free from tripping hazards
(5) Repair, replace or repaint the exterior porch,
balcony, stairs, fire escape, banisters or railings.
Handrails and guardrails shall be maintained to withstand
loads prescribed by the Florida
Building Code.
VIOLATION: CH 38 SEC 18 (I) & (J) QUANTITY: 1
1SCRIPTION: INOPERABLE VEHICLE/PARTS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
Nuisance Conditions - 38 - 18.
(i) Any worn-out, scrapped, partially dismantled,
non -operative, unusable, or discarded materials or objects,
such as motor vehicles or parts thereof, building materials,
machinery, boats, or part thereof, trailers, or other such
items.
(j) The storage of any vehicle or boat, or parts thereof,
without a valid current license plate or other registration
certificate, showing said vehicle or part thereof to be
titled in the name of the owner or occupier of the property
upon which said vehicle or part thereof is located. Failure
to have such license or other registration certificate
specifically attached to the vehicle or part thereof shall
be prima facie evidence that said property is worn-out,
scrapped, non -operative, unusable, or discarded.
CORRECTIVE ACTION REQUIRED :
You may abate the violation(s) by the following action(s).
1. Remove the worn-out, scrapped, partially dismantled,
non -operative, unusable, or discarded materials or objects,
such as motor vehicles or parts thereof, building materials,
machinery, boats, or part thereof, trailers or any similar
material from the property.
2. Affix a valid tag to the inoperable vehicle, or boat, or
remove it from the property.
VIOLATION: CH 38 SEC 48
:SCRIPTION: PROPERTY EXTERIOR
LOCATION:
QUANTITY: 1
DATE: 4/28/23
ORDINANCE DESCRIPTION : CONTINUED
VIOLATION DETAIL PAGE 6
iSE NUMBER 23-00000539
OPERTY ADDRESS 203 E CHESTNUT AVE
ORDINANCE DESCRIPTION :
38-48 - Property exteriors.
(a) Property exteriors shall be free of trash, litter,
debris, packing boxes, lumber, construction material, solid
waste, horticulture debris, salvage materials, appliances,
machinery, equipment, and any furniture, excluding furniture
specifically designed for outdoor use. Failure to maintain
the premises in a clean, safe, and sanitary condition is a
violation. The owner and operator shall keep that part of
the exterior property subject to its control or occupancy in
a clean and sanitary condition.
(b) No owner, operator, or tenant shall maintain premises,
private or open to the public, upon which litter is
permitted, caused, allowed or existing in any manner as to
be a sanitary nuisance.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by conducting the following
action.
1. Remove the trash, litter, debris, packing boxes, lumber,
construction material, solid waste, horticulture debris,
salvage materials, appliances, machinery, equipment, and any
furniture, specifically not designed for outdoor use.
VIOLATION: CH 38 SEC 65 ROOFS QUANTITY: 1
:SCRIPTION: ROOFS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.65 - Standards for Improved Property.
(n) Roofs shall be maintained in a structurally sound and
safe manner. Roofs shall be repaired using like materials to
existing materials.
CORRECTIVE ACTION REQUIRED :
38.64 - GENERAL PROVISIONS.
(g) Building Permits: Prior to commencing work to correct a
violation as described below, a building permit, or approval
from the Building Official is required. Failure to obtain a
building permit is punishable by Florida Statute 553.
You may abate the violation(s) by conducting the following
action(s).
Please contact the Permitting Department @ 850-689-1618 ext.
254 or 261.
VIOLATION: CH 38 SEC 18 (b) QUANTITY: 1
:SCRIPTION: TRASH -DEBRIS -GARBAGE -REFUSE DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION : CONTINUED
VIOLATION DETAIL
PAGE 7
iSE NUMBER 23-00000539
tOPERTY ADDRESS 203 E CHESTNUT AVE
ORDINANCE DESCRIPTION :
Nuisance Conditions - 38 - 18 (b)
Accumulation or open storage of trash, debris, garbage,
bottles, paper, cans, rags, dead plants, or trees, dead or
decayed animal matter, fruit, vegetables, offal, tools,
equipment, lawn and garden products, buckets, containers,
appliances, household furniture, bricks, concrete, scrap
lumber or any other refuse of any nature.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by removing the trash, debris,
garbage, bottles, paper, cans, rags, dead plants, or trees,
dead or decayed animal matter, fruit, vegetables, offal,
tools, equipment, lawn and garden products, buckets,
containers, appliances, household furniture, bricks,
concrete, scrap lumber or any other refuse of any nature,
from the property.
VIOLATION: CH 38 SEC 70 QUANTITY: 1
;SCRIPTION: UNSIGHTLY CONDITIONS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.70 - Unsightly conditions.
The following conditions are hereby deemed to be unsightly
conditions and are prohibited. The following conditions are
prohibited on any premises in the City:
(1) Structures that are:
(a) Partially destroyed; or
(b) Left in a state of disrepair; or
(c) Left in a state of partial construction beyond the
valid timeframe of the permit.
(2) Abandoned or broken equipment; broken or discarded
furniture and household appliances in visible yard areas.
(3) Building exteriors in a condition of deterioration or
disrepair such that the condition causes measurable
diminution of surrounding property values.
(4) Garbage and trash containers stored in a manner visible
from the street.
(5) Exterior finishes that are not maintained to prevent the
buildup of dirt, grime, algae and other such substances.
(6)Temporary covers made of tarps or other similar materials
visible from the public right -a -way to include free standing
structures, piles of debris or other items, or attached to
permanent buildings, fences, or other structures.
(7) Tarps or other like materials used to cover a vehicle,
boat, or RV which are not fitted and designed for this
purpose or are in disrepair.
CORRECTIVE ACTION REQUIRED :
You may abate the violation(s) by conducting the following
action(s).
VIOLATION DETAIL
PAGE 8
kSE NUMBER 23-00000539
:OPERTY ADDRESS 203 E CHESTNUT AVE
CORRECTIVE ACTION REQUIRED :
1.For Building Exterior:
a. Repair the building exterior.
For Demolition of Structure:
a. Demolish the structure and remove all debris from the
property. For commercial property an asbestos survey maybe
required.
b. Prior to issuance of a demolition permit for a building
where commercial activity is a permitted use, a performance
bond or equivalent security shall be filed with the City, or
a letter of credit may be submitted to the City Manager for
approval.
For building permit information please call 850-689-1619 ext
254 or 261.
2.Remove all abandoned or broken equipment, discarded
furniture, and household appliances.
3.Store garbage and trash containers in an area not visible
from the street.
4.Repair or replace the exterior finishes that are not
maintained to prevent build up of dirt, grime, algae, or
other such substances.
5.Remove any temporary covers made of tarps or other similar
materials that are visible from the public right-of-way to
include free standing structures, piles of debris or other
items, or attached to permanent buildings, fences, or other
structures.
6.Remove tarps or other like materials used to cover a
vehicle, boat or RV which are not fitted and designed
specifically for this purpose or are in disrepair.
VIOLATION: CH 38 SEC 18 (k) QUANTITY: 1
:SCRIPTION: VEGETATION -WEEDS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
Nuisance Conditions - 38 - 18 (k) Grass, weeds, and
uncultivated vegetation: All grasses or weeds, and
uncultivated vegetation, shall not exceed twelve (12) inches
in height on improved property, including the area between
the edge of the pavement in the street and the lot line.
CORRECTIVE ACTION REQUIRED :
You may abate the violation by removing the vegetation, or
weeds from the property.
VIOLATION: CH 38 SEC 65 WINDOWS QUANTITY: 1
',SCRIPTION: WINDOWS -OPENINGS -SCREENS DATE: 4/28/23
LOCATION:
ORDINANCE DESCRIPTION :
38.65 - Standards for Improved Property.
VIOLATION DETAIL
PAGE 9
iSE NUMBER 23-00000539
.OPERTY ADDRESS 203 E CHESTNUT AVE
ORDINANCE DESCRIPTION :
(f) Windows:
(1) Every window shall be maintained in sound working
condition and good repair to be substantially weather -tight
and rodent -proof.
(2) Openings originally designed as windows shall be
maintained as windows unless approved by the Building
Official for enclosure. The enclosure of a window shall be
by either bricking the opening, blocking the opening with
concrete blocks, and stuccoing the exterior or boarding the
opening. When boarding is used, it shall be of trim fit,
sealed to prevent water intrusion, and painted or stained to
conform to the other exterior portions of the building. The
boarding shall not remain for a period of more than 90 days
from the date of the initial violation. When an act of God,
such as a hurricane or tornado, the City Manager may extend
the time as needed.
(r) Insect screens: All windows and other outside openings
required for ventilation of food preparation areas, food
service areas, or any areas where products utilized in food
for human consumption are processed, manufactured, packaged,
or stored shall be supplied with approved tightly fitting
screens of not less than sixteen (16) mesh per twenty-five
(25) mm. Every swinging door shall have a self -closing
device in good working condition.
CORRECTIVE ACTION REQUIRED :
Building Permits: Prior to commencing work to correct a
violation as described below, a building permit, or approval
from the Building Official is required. Failure to obtain a
building permit is punishable by Florida Statute 553.
You may abate the violation(s) by conducting the following
action(s).
Repair, or replace the window, or window screen, so it is
weather -tight and rodent -proof. Enclose the window by
either bricking the opening, blocking the opening with
concrete blocks, and stuccoing the exterior or boarding the
opening. When boarding is used, it shall be of trim fit,
sealed to prevent water intrusion, and painted or stained to
conform to the other exterior portions of the building. The
boarding shall not remain for a period of more than 90 days
from the date of the initial violation. When an act of God,
such as a hurricane or tornado, the City Manager may extend
the time as needed.
Please contact the Permitting Department @ 850-689-1618 ext.
254 or 261, for further information.