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HomeMy Public PortalAbout21-700 229 Lincoln Recorded FOFCITY OF CRESTVIEW FLORIDA V SPECIAL MAGISTRATE z98 HIrLson Street North Crestview FL 32536 City of Crestview, Florida, Petitioner, VS. John McLaughlin Jr 313 Hudson Dr. Crestview, FL 32539 Respondents. Inst. #3466256 Bk. 3555 Pg: 3519 Page 1 of 4 Recorded: 6124IM21 11:39 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK APRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CASE# 21-700 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This case was presented for public hearing before the Special Magistrate on June 15th, 2021. 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, John McLaughlin Jr, whose last known mailing address is 313 Hudson Dr, Crestview, FL 32539, is the owner of the property located at, 229 Lincoln Str., Crestview, FL 32536, AKA PIN# 17-3N-23-2490-0078-0090, and more particularly described as: CRESTVIEW LOT 9 & 10 BLK 78. 2. The conditions on the property consist of an inoperable vehicle. The violation(s) were first observed on March 18th, 2021. A Notice of Violation was mailed by certified mail March 19th, 2021, and received by respondent on March 21, 2021. The Notice stated that the condition(s), constituted a violation of Chapter 38 Property Maintenance and Housing Standards - Sec. 38-4 (1)- Maintain a public nuisance prohibited, of the City of Crestview's Code of Ordinances and requested correction of the violation by March 29th, 2021. Re inspection of the property on April 21�, 2021, 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 Property Maintenance and Housing Standards - Sec. 38-4 (1). - 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. b. 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 July 16th, 2021, the Respondents shall pay to the City of Crestview the costs incurred in prosecuting this case before the Special Magistrate in the amount of k 2%00. 9. On or before July 166, 2021, the Respondent is to correct the violation(s) by conducting the following action(s): Remove the vehicle from the property, or bring it into an operable state. 10. If the violation(s) are not corrected by July 16tb, 2021, a fine in the amount of $100.00 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. Done and Ordered on 15 June 2021. 15;*4 rhwe.- Sped agistrate 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 RT= 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.