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HomeMy Public PortalAboutCase 23-949 FOF RecordedCITY OF CRESTVIEW FLORIDA SPECIAL MAGISTRATE 198 Wilson Street North Crestview, FL 32536 City of Crestview, Florida, Petitioner, VS. THOMAS OGLESBY 648 E GRIFFITH AVE CRESTVIEW FL 32539 Respondents. File a 3664313 01/02/2024 12:07:28 PM Fees: $35.50 Total Pages: 4 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL CASE# 23-949 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on December 19, 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, Thomas Oglesby, whose last known mailing address is 648 E Griffith Ave., Crestview, FL 32539, is the owner of the property located at, 648 E Griffith Ave, Crestview, FL 32539, AKA PIN# 17-3N-23-2490-0106-0040, and more particularly described as: CRESTVIEW E1/2 OF LOTS 5 & 6 BLK 106 CASE #87-1795. 2. The conditions on the property consist of a derelict primary structure, trash and debris, salvage materials, equipment, vehicle parts, accessory structures without the required permit, and unsightly conditions that cause measurable diminution to surrounding property values. The violation(s) were first observed on August 29, 2023. A Notice of Violation was mailed by certified mail August 31, 2023, and was received by the respondent September 2, 2023. The Notice stated that the condition(s), constituted a violation of Chapter 38 Section 18(2),(9),(10), Chapter 38 Section 48(a), Chapter 38 Section 65(e),(j),(1), (q), Chapter 38 Section 66, Chapter 38 Section 70(1),(2),(3),(5), and the Florida Building Code Section 105.1, of the City of Crestview's Code of Ordinances and requested correction of the violation by September 29, 2023. Re inspection of the property on October 13, 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 Chapter 38 Section 18(2),(9),(10), Chapter 38 Section 48(a), Chapter 38 Section 65(e),(j),(1), (q), Chapter 38 Section 66, Chapter 38 Section 70(1),(2),(3),(5), and the Florida Building Code Section 105.1, 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 18, 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 18, 2024, the Respondent is to correct the violation(s) by conducting the following action(s): a. Obtain the required permit(s) to repair the derelict primary structure OR obtain a demolition permit, demolish the structure, and remove all demolition debris from the property. b. Obtain the required permit(s) for the accessory structures OR remove them from the property. c. Remove all trash, debris, salvage materials, lumber, equipment, vehicle parts, buckets, containers, appliances, bricks, concrete, scrap, construction materials, machinery, and any other refuse of any nature from the property. d. Remove any inoperable vehicles from the property, or bring them to an operable state. 10. If the violation(s) are not corrected by April 18, 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 19th day of December 2023. Digitally signed by Samuel B. Samuel B. Taylor Ta y I o r Date: 2023.12.29 13:28:27 -06'00' 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. CERTIFIED A TRUE AND ORR. CT COPY BY: DATE: i °'/' -�