HomeMy Public PortalAboutCase 21-566 LRCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
vs.
Corrine E Mclaughlin (Heirs of)
819 W Walnut Ave
Crestview, FL 32536
Respondents.
Inst. #3591810 Bk: 3651 Pg: 4496
Page 1 of 3 Recorded: 11/18/2022 12:38 PM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
CASE# 21-566
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on July 20, 2021. After
due notice to the respondent, having heard testimony under oath, received evidence and considered
stipulations, the Special Magistrate fords as follows:
FINDINGS OF FACT:
1. The respondent, Corrine E Mclaughlin , whose last known mailing address is 819 Walnut Avenue
West, is the owner of the property located at, 621 Walnut Avenue West, Crestview, FL 32536,
AKA PIN#17-3N-23-2490-0124-0020, and more particularly described as:
CRESTVIEW LOT 2 & E10 FT LOT 3 BLK 124
2. The conditions on the property consist of inoperable vehicles. The violation(s) were first observed
on February 18, 2021. A Notice of Violation was mailed by certified mail return receipt February
19, 2021, and was not accepted by the Respondent. The Notice stated that the condition(s),
constituted a violation of Chapter 38 Property Maintenance and Housing Standards — Nuisance
Conditions - Section 4 (1), of the City of Crestview's Code of Ordinances and requested correction
of the violation by March 1, 2021. A second Notice of Violation was mailed by certified mail
return receipt March 3, 2021 and was not accepted by the Respondent. A Notice of Public Hearing
was mailed certified Mail Return Receipt on June 11, 2021 and was signed for on June 14, 2021.
Re inspection of the property on March 2, March12, March 24, May 11, and June 9, 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
-Nuisance Conditions - Sec. 38-4 (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 August 21, 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 $250.00.
9. On or before August 21, 2021, the Respondent is to correct the violation(s) by conducting the
following action(s): Remove the inoperable vehicles from the property or bring the vehicles into a
state of compliance.
10. If the violation(s) are not corrected by August 21, 2021, a fine in the amount of $250.00 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 the 20th day of July, 2021.
-Um T/llrg -
Specia 1agistrate
City of Crestview, Florida
CERTIFIED A TRUE
AND
CORRECT COPY
BY: C-941,54o-^ - cCl L
DATE: 11--
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.