HomeMy Public PortalAboutCase 23-9 RecordedPetitioner,
vs.
CITY OF CRESTVIEW FLORIDA
SPECIAL MAGISTRATE
198 Wilson Street North
Crestview, FL 32536
Lakinzee & Makinzee Jones
44 West Audrey
Ft Walton Beach, FL 32548
Respondents.
City of
Crestview,
Florida,
CASE# 23-9
Inst. #3607925 Bk: 3663 Pg: 1626
Page 1 of 3 Recorded: 2/24/2023 11:37 AM
RECORDING ARTICLE V: $12.00 RECORDING: $15.00
DEPUTY CLERK frozen
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This case was presented for public hearing before the Special Magistrate on February 21, 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, Lakinzee & Makinzee Jones, whose last known mailing address is 44 West Audrey, Ft
Walton Beach, FL 32548 , is the owner of the property located at, 200 Duggan Avenue, Crestview, FL
32536, AKA PIN# 20-3N-23-0830-0004-0250, and more particularly described as:
FAIRVIEW ADD LOTS 25 & 26 BLK 4.
2. The conditions on the property consist of trash and debris, an inoperable vehicle, solid waste, and a
manufactured home in a state of disrepair. The violation(s) were first observed on October 3, 2022. A
Notice of Violation was mailed by certified mail October 4, 2022, and received by respondent on
November 18, 2022. The Notice stated that the condition(s), constituted a violation of Chapter 38
Property Maintenance and Housing Standards - Sec. 18 (b), (i), (j), Chapter 70-27 Solid waste, Sec. 65
(a), (b), (d), (e), (f), (h), (j), (k), (1), (m), (n), (q), (v). - Maintain a public nuisance prohibited, of the City
of Crestview's Code of Ordinances and requested correction of the violation by November 30, 2022. Re
inspection of the property on December 1, 2022, 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. 18 (b),
(i), (j), Chapter 70-27 Solid waste, Sec. 65 (a), (b), (d), (e), (f), (h), (j), (k), (1), (m), (n), (q), (v). -
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.
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 May 23, 2023, 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 May 23, 2023, the Respondent is to correct the violation(s) by conducting the following
action(s):
a. Remove all trash/debris from the property.
b. Remove the inoperable vehicles from the property or bring it into an operable state.
c. Remove the solid waste from the property and dispose of it at an approved facility.
d. Obtain the required permits and repair or replace the foundation, wood supports, skirting, exterior
walls, windows, exterior doors, exterior surface treatment, structural supports, porches and balconies,
stairs, roof, overhang extension, exterior lighting.
e. Remove the manufactured home from the property, or, obtain a demolition permit and demolish the
structure. Remove all demolition debris from the property.
10. If the violation(s) are not corrected by May 23, 2023, 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 rate of 6.77% 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 (30) 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 21st day of February 2023.
Samuel B.
Taylor
Digitally signed by
Samuel B. Taylor
Date: 2023.02.23 10:05:26
-06'00'
Special Magistrate
City of Crestview, Florida
CERTIFIED A TRUE
AND
CORRECT COPY
DATE: a — A c% -A 3
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.