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HomeMy Public PortalAboutCase 23-663 FOF RecCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, vs. 360 DA Investments Corp 339 E Nursery Road Santa Rosa Beach, FL 32459 Respondents. 198 Wilson Street North Crestview, FL 32536 File q 3661818 12/13/2023 01:16:23 PM Fees: $27.00 Total Pages: 3 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL CASE# 23-663 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on November 21, 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, 360 DA Investments Corp, whose last known mailing address is 339 E Nursery Rd, Santa Rosa Beach, FL 32549, is the owner of the property located at, 128 N Savage Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0075-0120, and more particularly described as: CRESTVIEW LOT 12 BLK 75. 2. The conditions on the property consist of unpermitted work. The violation(s) were first observed on June 5, 2023. A Notice of Violation was mailed by certified mail June 7, 2023, and received by respondent on June 22, 2023. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 21. - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 22, 2023. Re inspection of the property on August 8, 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 property into a full state of compliance prior to the Notice of Violation deadline and is in violation of Florida Building Code Chapter 105.1 and Land Development Code Chapter 3.04.07. 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 December 22, 2023, 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 December 22, 2023, the Respondent is to correct the violation(s) by conducting the following action(s): a. Remove the unpermitted fence or obtain required permits. 10. If the violation(s) are not corrected by December 22, 2023, 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 rate of 6.77% 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 21st day of November 2023. Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: 2023.12.06 21:26:36 -06'00' Special Magistrate City of Crestview, Florida CERTIFIED A TRUE AND CORRECTOPY BY: DATE: 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.