HomeMy Public PortalAboutCase 23-539 FOF RecCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
JOSEPH E AND ESTHER M PHELPS
203 E CHESTNUT AVE
CRESTVIEW FL 32539
Respondents.
File tt 3655898
11/03/2023 12:14:07 PM Total Pages: 4
Fees: $35.50
JD Peacock II, Clerk of Circuit Court & Comptroller
Okaloosa County, FL
CASE# 23-539
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on October 17,
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, JOSEPH E AND ESTHER M PHELPS, whose last known mailing
address is 203 E CHESTNUT AVE, Crestview, FL 32539, is the owner of the property
located at, 203 E CHESTNUT AVE, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-
0094-0090, and more particularly described as: CRESTVIEW LOTS 9 & 10 BLK 94.
2. The conditions on the property consist of unsightly conditions, trash, debris, equipment,
and salvage material spread throughout, derelict accessory structures, inoperable vehicles
and parts, and a primary structure in need of repair. The violation(s) were first observed
on April 26, 2023. A Notice of Violation was mailed by certified mail May 2, 2023, and
was returned to sender. The Notice stated that the condition(s), constituted a violation of
Chapter 38 Section 18 (b)(i)(j), Chapter 38 Section 48(a), Chapter 38 Section 65
(e)(h)(n)(s), Chapter 38 Section 70, of the City of Crestview's Code of Ordinances and
requested correction of the violation by June 2, 2023. Re inspection of the property on
June 9, 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 properly into a full state of compliance prior to the
Notice of Violation deadline and is in violation of Chapter 38 Section 18 (b)(i)(j), Chapter
38 Section 48(a), Chapter 38 Section 65 (e)(h)(n)(s), Chapter 38 Section 70, 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. On or before April 17, 2024, the Respondents shall pay to the City of Crestview the costs
incurred in prosecuting this case before the Special Magistrate in the amount of $250.
9. On or before April 17, 2024, the Respondent is to correct the violation(s) by conducting
the following action(s):
a. Remove all trash, debris, equipment, and salvage materials
from the property.
b. Obtain the required permits to repair or remove derelict
accessory structures.
c. Remove all inoperable vehicles from the property, or bring
them to an operable state with valid tags affixed to them.
d. Address all unsightly conditions to include tarps, exterior
finishes, abandoned or broken equipment, partially
destroyed structures, and conditions that cause measurable
diminution of surrounding property values.
10. If the violation(s) are not corrected by April 17, 2024, 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 highest rate allowed by law
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 17th day of October 2023.
Digitally signed by
Samuel g
• Samuel B. Taylor
TY Date: 2023.11.01
aylor o r 20:19:55 -05'00'
BY.
Special Magistrate DATE:
City of Crestview, Florida
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.
CERTIFIED A TRUE
AND
O CT C S PY