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HomeMy Public PortalAboutCase 23-639 FOF RecCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE City of Crestview, Florida, Petitioner, vs. Merlyn J Applewhite Trust 410 Triton Street Crestview, FL 32536 Respondents. 198 Wilson Street North Crestview, FL 32536 File 11 3661815 12/13/2023 01:16:23 PM Total Pages: 4 Fees: $35.50 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL CASE# 23-639 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, Merlyn J Applewhite Trust, whose last known mailing address is 410 Triton Street, Crestview, FL 32536, is the owner of the property located at, 748 S Wilson Street, Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0137-0040, and more particularly described as: CRESTVIEW LOTS 4 & 5 BLK 137. 2. The conditions on the property consist of unpermitted work, trash and debris, a structure in a state of disrepair, and inoperable vehicles. The violation(s) were first observed on May 25, 2023. A Notice of Violation was mailed by certified mail May 26, 2023, and received by respondent on May 30, 2023. The Notice stated that the condition(s), constituted a violation of Florida Building Code Chapter 105.1, Land Development Code Chapter 3.04.07 and Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (2), (9), (10), Sec. 48, Sec. 65 (e), (h), (i), (j), (q) . - Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by June 29, 2023. Re inspection of the property on July 31, 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, Land Development Code Chapter 3.04.07 and Chapter 38 Property Maintenance and Housing Standards - Sec. 18 (2), (9), (10), Sec. 48, Sec. 65 (e), (h), (i), (j), (q) - Maintain a public nuisance prohibited, 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. The costs incurred in prosecuting this case before the Special Magistrate shall be waived. 9. On or before February 22, 2024, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the required permits for the fence and other work completed. b. Remove inoperable vehicles and/or vehicle parts from the property or bring them into an operable state. c. Remove trash, debris, lumber, construction material, machinery, equipment, salvage materials, appliances, furniture, horticulture debris, garbage, tires, vehicle parts, and any other refuse from the property. d. Obtain the required permits and repair or replace the exterior walls, exterior doors, exterior doorframes, exterior surface treatment, and overhang extensions. Or obtain a demolition permit and demolish the structures. All demolition debris must be removed. 10. If the violation(s) are not corrected by February 22, 2024, a fine in the amount of $250 per day will be imposed pursuant to Florida Statutes Chapter 162. It is the Respondents' responsibility to notify the City when the Violations have been corrected so that the Property can be inspected to confirm compliance. 11. The fines and costs imposed herein shall accrue interest at the rate of 6.77% per annum until paid. 12. If Respondent fails to comply by the date stated above, the City Council may cause the property to be cleaned up and the nuisance abated. The cost for such cleanup and abatement shall be billed and mailed via certified mail to the last known address of Respondent. If such bill is not paid within thirty (30) days from the mailing date, the costs incurred by the City shall be added to any unpaid costs, fines, or fees hereunder and shall be a lien on the property as authorized by law. Done and Ordered on the 21st day of November 2023. Samuel B. Digitally signed by Samuel B. Taylor Taylor Date: 2023.12.06 21:25:53 -06'00' CERTIFIED A TRUE AND CORRECT COP BY: V Y d'A jV rw41- C_X,ct, r� DATE: p, —$— av 3 Special Magistrate 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.