HomeMy Public PortalAboutCase 23-977 FOF RecordedCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
File 11 3664312
01/02/2024 12:07:01 PM Total Pages: 4
Fees: $35.50
JD Peacock II, Clerk of Circuit Court & Comptroller
Okaloosa County, FL
Petitioner,
vs. CASE# 23-977
HASTINGS LILLIAN W & RICE JOHN
686 E COBB AVE
CRESTVIEW FL 32539
Respondents.
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, Hastings Lillian W & Rice John, whose last known mailing address is
686 E Cobb Ave., Crestview, FL 32539, is the owner of the property located at, 686 E Cobb
Ave, Crestview, FL 32539, AKA PIN# 17 -3N -23 -2490 -0151-004o, and more particularly
described as: CRESTVIEW LOTS 4 & 5 BLK 151.
2. The conditions on the property consist of a derelict primary structure, several derelict
accessory structures, trash and debris, and unsightly conditions . The violation(s) were
first observed on August 30, 2023. A Notice of Violation was mailed by certified mail
September 1, 2023, and was not received by the respondent. The Notice stated that the
condition(s), constituted a violation of Chapter 38 Section 48(a), Chapter 38 Section 65
(e),(h),(i),(j),(n),(q),(s), Chapter 38 Section 66(i), Chapter 38 Section 70 (1),(2),(3), and
(5), of the City of Crestview's Code of Ordinances and requested correction of the violation
by October 9, 2023. Re inspection of the property on November 14, 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 48(a), Chapter 38
Section 65 (e),(h),(i),(j),(n),(q),(s), Chapter 38 Section 66(1), Chapter 38 Section 70
(1),(2),(3), and (5), 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) to repair the derelict accessory structures OR obtain
a demolition permit, demolish the structures, and remove all demolition debris
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.
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 (3o) 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.
Samuel B.
Taylor
Digitally signed by
Samuel B. Taylor
Date: 2023.12.29
13:27:32 -06'00'
Special Magistrate
City of Crestview, Florida
BY;
CERTIFIED A TRUE
AND
CORI CT COPY
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DATE. CaC4 &AO
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 3o 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.