Ocala magistrate orders vacate and repairs after sewage backup at 1665 Southwest Third Street

A City of Ocala special magistrate on June 25, 2025 found code violations at 1665 Southwest Third Street and ordered the property owner to vacate the residence and complete repairs after testimony that a septic failure caused raw sewage to back up into the house and yard.

The magistrate, Ryan Fong, adopted the staff recommendation after sworn testimony from city code staff and Officer Jeff Gilbo. The city recommended the house be vacated by 4 p.m. on Friday, July 25, 2025; that permits required for repairs be obtained by 4 p.m. on Thursday, July 24, 2025; and that required repairs be completed within 90 days of permit issuance. As an alternative, the owner may apply for a demolition permit and complete demolition within 60 days of permit issuance.

City code enforcement Officer Jeff Gilbo testified that the case was initiated June 4, 2025, and that photos and his inspection showed the septic tank had failed, causing raw sewage to spill into the yard and to back up into a guest bathroom toilet. Gilbo also described unsecured plumbing lines, multiple holes in interior surfaces, and that the yard needed mowing and cleaning. Dale Hollingsworth, chief code official and manager of the code enforcement division, told the magistrate that the city enforces the 1994 edition of the International Standard Housing Code and provided a checklist identifying violations in sanitary facilities, interior floors/walls/ceilings, plumbing fixtures and general sanitation.

Hollingsworth said staff recommended a finding of violation of section 82-151 of the standard housing code and requested the court order the timelines above. He asked that if the owner failed to comply the magistrate impose a fine of $100 per violation per day until the violations are abated and authorize the city to enter the property to take steps necessary to abate the violations, including demolition if required. The city also requested payment of the cost of prosecution, $219.29, by July 24, 2025.

Magistrate Fong found Prime Vester's Inc. to be the owner of the property, concluded that required notices were provided in accordance with Florida statute and city code, and adopted the staff recommendations. The magistrate's order includes the vacate and permit deadlines, the 90-day repair timeline, the demolition alternative, the $100-per-day fine for continued noncompliance, and authorization for city entry and abatement if the owner fails to comply.

City staff said they had not been able to contact the tenant in the last two days and had no contact with the property owner. Hollingsworth also noted he had spoken to a representative at the Marion County Department of Environmental Health, who inspected the property on June 4; Hollingsworth said he had not yet received that department’s records but that county staff indicated there could be significant fines related to the raw sewage.

The magistrate’s finding is an administrative enforcement order; no criminal charges were mentioned in the record. The order specifies the remedies, timelines, and fines if the owner fails to comply.