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:
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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.