HomeMy Public PortalAboutCase 21-862 LRCITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
City of Crestview, Florida,
Petitioner,
VS.
Denzel Dockery
P.O. Box 342
Ponce De Leon, FL 32455
Respondents.
Inst. #3591805 Bk: 3651 Pg: 4481
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,
OKALOOSACOUNTY, FLORIDA
CASE# 21-862
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on September
21, 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, Denzel Dockery, whose last known mailing address PO Box 342 Ponce
DE Leon, FL 32455-0342, is the owner of the property located at, 769 Walnut Avenue,
Crestview FL 32536 AKA PIN# 17-3N-23-2490-0123-0040, and more particularly
described as:
CRESTVIEW LOT 4 BLK 123
2. The conditions on the property consist of an consist of inoperable vehicles and car parts.
The violation(s) were first observed on April 15, 2021. A Notice of Violation was mailed
by certified mail April 15, 2021 and was returned by the respondent. A second Notice of
Violation was mailed certified mail return receipt on June 22, 2021 and was returned by
the respondent. Pursuant to Florida Statue 162.12, the property located at 769 Walnut
Avenue and 198 Wilson Street North were posted on September 9,2021. The Notice stated
that the condition(s), constituted a violation of Chapter 38 Property Maintenance and
Housing Standards - Sec. 18 (i) and (j), of the City of Crestview's Code of Ordinances and
requested correction of the violation by April 23,2021. Re inspection of the property on
April 30, 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. 38-18 (i) and (j), 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 October 22, 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 October 22, 2021, the Respondent is to correct the violation(s) by
conducting the following action(s):
a. Remove the inoperable vehicle(s) from the property
b. Affix a valid tag and bring all vehicles into a fully operational state
10. If the violation(s) are not corrected by October 22, 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 21st, Day of September 2021.
CERTIFIED A TRUE
Samuel B. Digitally signed by Samuel AND
B. Taylor CORRECT COPY
Ty Date: 2021.09.28 18:02:39
aylor o r -05'00' B •_ rum .. a _ .._• IM vY`C__
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.