indivisible withy and justice for all thank you this is um a code hearings and for all of you there's televisions for you to watch the um evidence that the city of the city of defc Chris stwn code enforcement officer will be presenting he will represents the city and will present the city's evidence of any code violations on properties within the city he will do so by his test testimony by videos photos PowerPoint presentation and other witness testimony off once officer stra has completed his uh presentation on the case you the landowner will then be able to present your testimony and evidence of why or why not you are in violation you may ask questions of officer St and present Witnesses on your own behalf and if he has presented any Witnesses you can certainly question them once both sides have finished and completed their case I will consider the evidence and render a ruling based on the evidence presented both sides an order will be issued and you will need to stay until the clerk of court can present a copy of the order to you the order uh if a violation is found we usually give a period of time to correct the violation and if you do correct the violation it is your duty to contact the code enforcement office to verify the correction in order to stop any fines from acre against you everyone who's going to testify if you would please stand to be sworn in and raise your right hand any going to be testified that's up to you I'll just do it yeah just if you think you might get up and say something go go ahead and get sworn in it's better to do it now than to not do it all right do you do you solemnly swear or from to tell the truth the whole truth and nothing but the truth so help you God all right everybody has said I do it's on the record thank you all right Mr St officer St you may present your first case I believe you want to go out of order here okay so stay on first uh M do U before we get started I know you and you are a relative of the city manager um do you have any objection to me hearing this case because there may be a conflict of interest okay oh there you are I couldn't I can't see I can't see past past Michelle um you have no objection and do you have any objection to me here in this case for the city all right for the record both parties have waved any potential conflict of of Interest and we will continue thank you finding a fact hearing case number 2023 00104 violation chapter 14 section 14-2 new and Hazards conditions General requirements the address is 42 South 17th Street parcel number 253 November 1 91 930000 0110 property owner is Carrie Michelle doery exhibit one shows that the property is inside the city limits and subject to the code of ordinances exhibit two it's inspection on 68 of 2023 exibit 3 inspection on 717 to 2023 inspection exhibit four inspe 825 of 2023 exibit five is inspection on 105 of 2023 exibit six is inspection 118 2023 exhibit 7 inspection on 1214 of 2023 exhibit eight inspection on 26 of 2024 exibit nction 38 of 2024 exibit 10 inspection 41 of 2024 and inspection today's date of 418 of 2024 on June 8 2023 while inspecting code enforcement violations I observed a violation of the property on 2 South 17th Street I photographed the property I reviewed the Case Files confirmed there was not an ongoing case File I checked the Walton County Property Appraiser's website and indicated that the property is in the city limits ofix Springs and is owned by Michelle or Carrie Michelle Dockery following was observed a structure that has Grime mold chipping cracking paint leaving the wood unprotected from the elements wood rot decaying wood and Boards falling off the side of the structure June the 12 2023 a PR and sent a warning notice to the property owner July the 17th 2023 I expected the property the violation still observed July the 20th 2024 I prepared and sent a noce of violation to the property owner August 25th 2023 expected the property the violation is still observed August 29th 2023 appear and sent a notice violation to the property owner October the 5th 2023 expected the property the violation still observed October the 9th 2023 appeared and sent a notice of violation certified mail the ATT receipt to the property owner Cy mail was 7021 2720 00002 2887 0495 and it was delivered November the 8th 2023 to the property the violation was still observed par and send a notice of violation to the property owner December the 14th 2023 respected the property the violation still observed February the 6 2024 respected the property the violation still observed February the 7th 2024 par s a no violation of the property owner March 2024 expected the property the vi still observed April the 1st 2024 expected the property the violation was still observed parent sent a notice of a hearing certified mail with return receipt to the property owner the notice of hearing was posted at City Hall and the property was posted by code enforcement certify mail was 7021 2720 00002 2887 2697 and it was delivered April the 18th of 2024 expected the property of the Daye of the hearing the property shows no improvement no change conditions exhibit 13 a letter of violation mailed exhibit 14 a letter of violation that was mailed 15 letter of violation that was mailed 16 letter violations was certified this is the letter of tracking showing it was delivered exibit 18 is the letter of violation exhibit 19 another letter of violation exhibit 20 is the notice hearing 21 no here a tracking show is delivered please find that the property of 142 South 17th Street New phix Springs Florida partial number 253 November 1 191930 0000 0110 is located within the municipality area to Phoenix Springs of Walt County and is subject to the city of the Phenix Springs code of ordinances please find out the violations of the city of Springs code of ordinances chapter 14 section 14-2 on the property please find that the proper notice the hearing was given to the respondent the respondent is dect the violation with the 120 days the date of this order and the respondent is further ordered to contact the city of spring Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that the respondent fails to comply with the above actions or fails to bring the property into compliance the capable codes ordinances and regulations Accord to this order special magistrat will assess the fine of $50 a day until the property is brought into compliance that's end my testimony I accept your testimony into the record along with your PowerPoint presentation as in the exhibits that you you presented uh Miss D do you wish to present your case if you would please State your full name uh for the record Carrie Michelle dri down a little bit further for you because I can bar thank you this property the 42 South 17th Street is actually a property that we bought or I bought with my business and it's intended to be torn down but it's going to take about a year to get torn down um the cost of demolition is going to be about $5,000 on this property um right now I'm trying to improve the business building and I don't want to fix up a house you're going to tear down that we're going to tear down essentially so I've made improvements to the back end of it so that it's safe to walk on the um the decking I guess you could call it but like I said I this is not a property that's going to stay around so as soon as I can afford to we're going to have it torn down okay how much is the permit for um for demolition yeah just make sure you get a permit when you go to De the company should know if they're a company but there are um there are probably for that type of house a Woodhouse I would check around because that's a little high price for that um officer St having heard that testimony do you have any changes in your recommendation I'll be happy to wait one year close to so long as you keep the property um at least safe um especially for children um the the paint and stuff and and if you could do something to kind of freshen up the front from the street side because the um what we're trying to do is to make the fiac more attractive and you know for our property values to stay higher and so it's really important that we keep those um John if that's your recommendation I'll certainly go with it m yes have you uh contacted the CRA do you C's programs I didn't even think about the CRA until a couple couple of days ago I don't know if they Prett straight forward um they have businesses and residential ones they are a cost share at 50% to a certain level so yours definitely meet their cost sh and so you would you would see them give you 2500 it was 5,000 toward a demolition even though it's not occupied correct yes match the match for you would be up to $5,000 and if you were doing it to your business businesses go up to 15 person go to okay good all right um I'm I'm really I would like to see this case come back to me in six months and let's see where you're at rather than doing a year um just because it that's just so far out in and um it doesn't take long to get it demolished but I understand the money so what I want you to do is to contact CRA as soon as possible and see about getting your Grant would it be appropriate if we had Chris or things like this to compile a list that's these meetings to forward to the C director to say hey these individuals may be seeking help the properties that would be great U anything to help because I understand your money's tight right now the economy is out of control um and but we still need to get done what we need to get done so what I'm going to do is do a six Monon review I'll have you come back in six months and then if you have not I'll give Chris the authority to extend it and he can extend if he shows reasonable good faith effort on your part to get things done so let him know as soon as you get that CRA so he'll have that in his records and his notes so that we're not looking at a you know continued violation situation uh like I said it's not for punishment it is to keep everything safe and and to beautify def fiac so that we what what about a fence a fence would be great if you could put a fence up um that'd be great that would hide it that would be perfect and that you could you use it someplace else okay right that's it good if you'll hang around for a few minutes I'll give you my order I do with it you this we just go ahead and make it a go ahead and make it a regular one don't have to yeah I want it on every order you know what I mean number six okay very good we're going to go out of order um and call case number six Mr St if you'll call the case and call the hall if there's anybody else all party are present okay this will be finding a fact hearing case number 2024 00000010 violations chapter 4 section 48 noisy animals addresses 98 East Live Oak Avenue um parcel number 253 November 1 191 90700 6280 property owner is Kevin Shane and Janette Weatherly exhibit one shows the properties inside the city limits and subject to the code of ordinances there are no um photographs for this one um on January 31st 2024 I received a complaint from Michelle ke regarding the property of 98 East live Avenue I drove to the property where an inspection was completed I reviewed the case files and confirmed there was not ongoing case File I checked the wton County Property Appraiser's office website indicated the property is in the city limits of Phoenix Springs and owned by Madison um wicker the following was oberved code enforcement could not see any Roosters on the property but a rooster could be heard curling behind a wooden privacy fence uh my parents sent a notice of violation to the property owner on February 14th 2024 I was notified by Madison W wicker that she had sold the property and no longer lived at the residence the new owners were Kevin and Shane Kevin Shane and Janette Weatherly I pred in send a violation with certified mail with a return receipt to the property owner certified male was 7021 270 00002 2887 2567 which was delivered February 27th 2024 code enforcement had a conversation with a complaintant the rooster could be heard crowing in the background March the 5th 2024 expected the property the violation was not observed but per the complaint the rooster is still on the property crowing April the 1st 2024 speak of the property the violation was not observed but per the complain the is still on the property crowing I prepared and sent a noce violation certified mail with a turn receipt to the property owner the no of hearing was posted at City Hall code enforcement hand delivered the notice of hearing to um Kevin Weatherly certify mail was 70 21272 00002 2887 2741 which was delivered um Kevin Weatherly stated the rooster would be gone before the um court date April the 17 2024 ATT make contact with the property owners to confirm the rooster had been removed as per the conversation I had with Kevin weatherley on April the 1st 2024 um no one answered the door um per a conversation with a complaint that the rooster has not been heard for a few days um April 18th 2024 I made contacts with the property owners to confirm if the rooster had been removed I was informed the rooster had been removed from the property and the property is in compliance um zibit three is a letter of violation certified mailit four is a letter of tracking showing it was delivered exhibit five is a notice of hearing exhibit six Noti tracking showing is delivered um recommendations please F the property of 98 East live o Avenue def Springs Florida parcel number 25 3 November 1 191970 0000 6280 is located within mity area of pH Springs Walton County Sub to the city code of ordinances please find that the violations of the city ofing code of ordinances chapter 4 section 4-8 on the property please find that the proper not the hearing was given to the respondent if the respondent allows the same violation to occur they will be considered um repeat offenders that will be the end of my testimony thank you for your testimony it's accepted into evidence along with your PowerPoint presentation uh is there anyone who wishes to speak on behalf of Miss ke did you want to speak or the basically there's no finding going to be issued on this uh because the property has been taken has complied but what happens is because it's a potential repeat violation uh the case is brought forward and a violation is or is I issue if I find that there was a violation that a violation did occur but it has been complied with and if you ever have that exact same violation again it's your second offense so this is basically a it's nothing there'll be no no money or any days on so does anybody want to testify on behalf of either party regarding uh what we're doing here I mean you're welcome to you came all this way you might as well could you state your name for the record please uh my name is Janette Weatherly and um Smokey is my rooster um as Mr strong confirmed today I have sent Smokey to a farm however I would like to um I don't know what the proper word is um I would like to propose to the court that this issue wasn't actually about my rooster because that was the feeling that I got I'm here for obviously I got rid of him and but I still wanted to come before the court and say that I don't believe that this was an appropriate complaint um Mr St and I were talking about noise ordinances and how when he we were talking about music noise ordinances and how it goes back and forth all the time you know because they'll say that a certain noise ordinance isn't okay and then it is okay and it isn't because there's improper use of people coming up and saying this is a noise ordinance when really they're upset about something completely different which I feel is yes ma'am the is what happened and and if officer St had not heard the rooster then that would all be relevant it's really not relevant and I understand your frustration um their you know neighbors can have differences with each other I always try to encourage everyone to get along because you do live next door and or live in the same community and we're a small community so we see each other all the time um but I will say this the code does not prohibit you from having the chickens what is prohibited is foul or any animal making excessive noise and it's kind of hard to control a rooster and you know absolutely you can have and most cities do have an ordinance with um chickens usually they limit limit it with inside the city limits to four and um you know there is a Florida statute that uh says that you can have a garden in the cities because of food so uh those are things that you would bring before the city council to allow uh to allow either more animals or for them to Define what kind of animals you could have that's outside of defining that is outside of my power right absolutely but I guess what constitute as constitutes as a annoyance if that wasn't really the problem if there was clearly another issue that was the problem do you have any proof other than your feeling that it was about something have a neighbor with me who was there for the conversation that made me understand that this wasn't really about the rooster if you'd like to present them I can present that again it's really is we can get into it and you're certainly able to present whatever evidence you want to is the the ruling on this one is kind of set because it's he he presented that he heard the rooster if he hears a rooster and it's not in the morning then that can be considered a noise a noise violation however go ahead and present your witness I'm I'm willing to hear but right absolutely I just um I guess I want to stop noise complaints being thrown at us o over something completely different that could have been brought to me in the first place that's how I would have preferred it to happen because the frustration was really not I mean from the conversations I have had with Michelle it it was very little about the rooster it was all about a whole another issue okay that should have been addressed immediately yes ma'am so I'll I'll ask Mr King was there for the conversation I don't should I give a background first uh no let him testify to his own if he wants to testify to the to the Chris you were sworn in I stood up when you that's what I thought go ahead if you'll state your name for the record okay my name is Christopher T King uh I am a neighbor of both of these people um what Janette is saying I have to agree with um Michelle filed the complaint as we know and in an effort to keep neighborhood live o Avenue peace they got together in my yard and and they discussed things oh good and the overriding issue was some garbage that had been thrown over uh Michelle's fence into Michelle's yard uh Michelle I believe thought that uh the adults in the house did it but we come to find out that those two little precious children sitting in the back of the room right now actually did it and they fessed up to it okay and the last I heard the girls were going to talk it out and everything was going to be fine and we would not be here today uh Michelle keeps an Immaculate car Michelle takes care of her place she does everything just right but so does Janette I think this spiraled way out of hand uh it could have been handled in my yard to be to be blunt about it it could have been handled there I never thought it would come here yes um I know that Michelle traps cat CS because they get on her car which for the record is the most Immaculate car on live o but that that's just the way she is instead of going somewhere she she traps him and calls the Gusto to come pick them up and it it's just a case of button heads here is is all it is the rooster to be perfectly CED I used him as a reminder to take my blood pressure medicine now I have to rely on Alexa who is not near nearly as reliable but but I think that Janette is correct I think this runs deeper I I can't swear to it but I know when the two of them left my yard they were going to go discuss it and everything was going to go away and magically here I stand before you today and if you have any questions I'll do my best to answer them uh so you do you cons you don't consider the rooster a a nuisance to no he's a blessing okay and if you look behind me on this side I have two other neighbors that will say the same okay and one of them is as close door too as Michelle almost okay okay that's all unless you have some questions Michelle do you have any questions of I Chris question okay uh do you want to finish your testimony Miss weather I'm done okay yes thank you and you may you're excused unless of the parties do you have any questions for him okay yes ma'am I guess I just also wanted to say during our conversation which mostly revolved around the trash which was my children trying to hide things from me they didn't want me to find um uh I was also threatened several times by Michelle telling me that I didn't want to go up against her and so that's really the main reason I'm here today is to just say I okay I'm always I'm never going to be afraid to fight for my rights and I believe that having my chickens is part of my right to grow my own food and I like I said I've gotten rid of him because I don't want to create a problem um but but I'm not ever going to back down from fighting for my rights so that's what I'm here for yes ma'am that's good good good position to be in yes ma'am Miss Miss ke do you have any questions for Miss weather no okay did you want to present something now okay so um what took me to Mr King's yard first of all was a Facebook post wishing me harm that I have with me excuse me man before we start can I also get your first and last name for uh Michelle kitch yes ma'am thank you oh and I don't have that one and go ahead and spell it for go ahead and spell it spell your last name please Ki T thank you so much man appreciate it okay so there were some Facebook posts basically as far as I was concerned were waterline harassment um one wished me sty and many other things um so let me start they moved in in October my husband and Mr weather met in the yard I was not present and my husband at that time I think jokingly told um Mr Weatherly something about we needed a pet fox we haven't slept rooster was an issue so we did talk to Mr Weatherly the first time and I don't know the date of that never did I think we would be here um then I met them and I I think my quote was can we talk about the elephant in the living room I haven't slept since y'all moved in in the morning cuz the rooster well not only that I have a three-year-old grandson and my bedroom by measurements which I do have pictures are is between 15 and 17 feet from their fence and during the day when I tried to lay my grandson down it woke up then I got covid and I was sick for two weeks and that I could not sleep this thing went off it was uncontrollable went off whenever it wanted to I don't think it was really set to a clock but um the day that I talked to her she got very upset with me and walked off I continued to talk to her husband her husband to me made it sound like the RO are you know he he agreed with us and you know just I don't know if he was just trying to pacify me or what but then I get notified by another nebor of the Facebook post here this one and it basically um St that my sleep is a an issue and that she could help me um at this time we're also dealing with after we told them with the rooster I had taken a jar also to the family as I have done with Courtney who moved in and any almost anybody else and uh that jar was thrown back over the fence at me or at my yard not me I wasn't out there um and then other things continued to throw the day of the meeting I did at Mr Kings address this stuff in the yard I did not threaten Mrs Weatherly in any form anym than I felt threatened by being wished bad things on me or anything else and the cat isn't an issue so I'm not going to get into that I haven't I've lived there since 92 this is the first time we've ever had to trap cats because there was an overpopulation and I'm not trapping people's cats I'm just trapping the feral that were left from a neighbor that moved out that was scratching and damaging the cars so um that is and I can get you the other copy I thought it printed the other one the first one that Chris did but that one was basically casting a spell on live o and and me and I just didn't appreciate it but the bottom line is my only complaint to Mr straw has not been about the garbage it is about the noise and the fact that it's not controllable if I didn't live 17 if I lived at M King's house and was a house and a street and a lot and a house it wouldn't bother me either so that's okay really all I have to say about it thank you um Mr St having heard the testimony of both sides do you change your recommendation in any way yeah okay I have I've heard the evidence and I'm going to issue a ruling now I am going to the the fact that this may have started with something else I I will say to both parties or all parties neighbors are invaluable and if you have a bad relationship with a neighbor it can turn your home into a living hell so y'all get this straightened out y'all be nice to each other y'all be kind to each other um and you know yes you have a right for your food and to grow but that any dog or any foul or anything if it is a nuisance to another neighbor then it is a violation and U she's a violation to her uh and Mr Mr stra has heard the rooster himself so I really don't have any choice but to continue to find that there was a violation the violation has been corrected and any further violations of the same nature I.E rooster would be a second offense if it bothered another neighbor um all right so if Miss U Mr Mrs Mr Shane and Miss Weatherly if you hold on a minute I'll issue you a um thing and please y'all don't make threats to each other those just and don't do this stuff on Facebook Facebook has really turned our society into a angry mob in so many ways so uh please be kind to each other there it's different on National politics but local know local Stay Stay kind thank you [Music] okay oh and here's her exhibits I marked on A3 C add them to the yeah add them to the I accept Miss ke's photos into the record as well as exhibits a b and c okay you're good oops I I think I handed you my uh um docket my agenda oh really yeah I did sorry [Music] is this Mr White's case no um I was pulling up what the $ 42,50 okay what is onl y'all here on the case today you're just watching oh you are on the case oh okay yeah last for the arbitration yes okay so we're not doing that one yet you said oh yeah that's the last one before yeah before we start um Mr Mrs M mrss white I know both of you very well I think I've represented some of your family I am representing some some of Frankie's family right now uh do you find um do you want to go forward with me as your judge or would you like to be referred to the county um uh mediator and if you wave your V your potential conflict of interest in the city agrees and it'll go before me if not then it'll go before the county uh be transfer to the county okay so you wave your leave it that's the okay good thank you all right you may be getting case this is arbitration okay oh so it's your case that's right you get to go first I do yes sir come on the uh case at hand oh state your name for the record Roger white there you go representing infinger Holdings um the case at hand is U there's one that I was called unaware I wasn't aware of VI um I do understand that Mr drawn issued violation but he the only address he had to send them to was 370 East Highway 90 that particular address was Miracle cleaner address what was on that deed at that time since that time I had sold the business the building had burned there's nothing there but a empty lot however when the when the uh uh violations was brought to the door the dolls up at Miracle cleaners at that time they never let me know okay I don't know have many Chris you give them two or three notices that you deliver to them and uh so I never had a record of it only time I found out we was getting some Deeds cleaned up by Mr Molton and cresview and he let us know that there was a violation the only reason I knew that was a violation to start with okay have you corrected the violations it was corrected way before IED that notification because I had to evict the uh tenant that was there and after evicting him then I cleaned up the mess because it certainly wasn't presentable to anybody else without knowing that we were in violation they could look at it and tell that we were but anyway we cleaned it up and when I found out I came to see Mr St he that same day went around there and looked at it he concurred that that would had been taken care of uh the amount of the fines that was of that time was in my opinion was had no relative to Common Sense the amount of dollars and cents that had aced because of lack of knowledge but U I would like to see it completely go away I understand the city has some uh expenses involved with it but I would like to see the uh uh dollars amounts because it has been corrected before the notification uh I'd like to see it all go away on the let me ask you this it when um um on the property records it had the miracle Cleaners address not your current and did some Biz did you happen to check some Biz yes I checked through some Biz and Mr um White had not registered fictitious or non fictitious on Sund okay after conversation with them I found it's actually registered in Arizona which I would not have looked no no we wouldn't well you do a foreign a foreign registration if you're doing business in Florida if you're out of state thing and it's not illegal for Arizona um Inc or LLC to own um is this a is infinger Holdings an inchor in LLC or not trust it's a trust okay um but you it is your duty to keep that address up to date well I I understand that let me ask um the I had found out and how he I asked him yesterday when I came by how did you get my current mailing address and he when he found out the address had changed he did due diligence and found out who it was and therefore he found out my address right uh I had changed that address because I found out that that old address was still on there right and but before it came to me it was it was with the miracle yeah and that that's that happened so let me ask Mr um Townson Mr Townson what is the city's position on um the arbitration how much is the fine at this time well the fines at $ 47,50 which is well suceeds the value of property yeah now the city has approximately $1,500 okay of cost cost going back and forth and PT and so and Postage and all that include okay um I mean I know over the last year we've we've handled some of these now and we've been basing off the ordinance Chris give us a give us a brief overview of how we've been handling those over the ordinance compared to cost well the Pres or the Mr on Parker by resolution um 22 11 I believe um basically says the city has has to come out ahead so basically has to come out the POS by the resolution so he he only lowered it down to what what person actually put in BO um One Fund was only lowered down to $16,000 the city manager before him would sometimes lower him down to the value basically what city had so we actually have two conflicting methods that were that were H happening so it's true the last two we've done the individuals have corrected the violations they presented a cost in doing so that's been subtracted from the violation total and that's the amount they' paid yes but like last one that we did they were only reduced by ,000 find down to 16 um the last one we just had the F was reduced by half from 10,000 to 5,000 based off of their cost and fixing the problem so the F's 47 I'm going to assume and I'm not going to ask you to answer one way or the other I'm going to assume you made a profit on that piece of property uh the the county has that property uh appraised it for at 22,000 oh you oh I'm sorry I'm conflicting I'm on two different properties here you still own the property yeah in the trust yeah how long ago was the violation corrected soon as I evicted that it's been months now M um I never knew it was in violation so but anyway it was corrected but soon as I evicted the tenant so I tell you the noncompliance date when the violation started occurring was September 20 2021 how long after that time frame you know did you the individual I just have to go back and look at the court dockets to find out when it was you didn't victim just a couple months ago but when when did Miracle cleaners the address that was on file when did that burn when did you stop receiving mail at that address I stopped receiving mail at that address that when I sold business to the dolls when was that that was in 2021 I believe it was because when I went to theal cleaners to figure out where my letter from going who was receiving them the goals or the ones I talk to and said yes they receiving them but they did not know who your Holdings belong to and I asked him could they get a hold of you know Mr White let him know ask him was he involved to contact me and Mr White never contacted me so I just figured she wasn't involved with I never was aware yeah so kind of unfortunately dos kind of didn't communicate with know to let them know that was going in the Property Appraiser's office show that's where your Holdings was their mail go to yeah I don't I mean we haven't been in this particular situation when it comes to this but I will say I agree with saido address have to be up to date so it would be the responsibility of the property owner there were the trust the owners of the trust to update mailing addresses for Stuff of this nature it would be my opinion I don't know if that's that's the legal interpretation of trust and in which trusts receive Communications I do know that they're a trust for a reason well yes sir Mr White if you'll come up and to the microphone and state your name I just want to BR the state my name Wayne White if we had known about this we would have corrected it immediately it's just a simple case of lack of we didn't know it I mean we we willingly keep our properties clean you know yes sir I know that I've seen your propert I don't uh I I completely agree I hope I hope you understand I know the why personally so I'm not saying that what I'm saying what all I'm getting at is we have an ordinance we've been following it me as the manager of this city is going to continue to follow the practices set that's my position okay unless the magistrate feels she has a different opinion and would like and would like have a suest solution well I know that we are in the process Mr stra and I of CH asking for the city council for modifications on how we handle these kind of cases one thing I might suggest is that we um continue this case until the city council has an opportunity to review the current because right now basically um the last one I did I H you were here I halfed it um and that was still a whole lot of money but there were very extenuating circumstances under that one um I agree if you you I believe both of you that you didn't know and had you known I know that you would have fixed it but the city's in a position that we did they did what they needed to do I'm going to suggest that we continue this arbitration until such time if you want to bring it back the fines have stopped so the fines have stopped so my suggestion is let's bring it back when the city council has made a decision as to whether or not they're going to change how we can we can address these fines because we do and this is perfect um from a standpoint that now we have a case to show them that we've got a findes that exceed the value of the property what do we do with that because it's just not it's not going to be it's not beneficial to anyone because when a homeowner or landowner gets in that position there's no incentive for them to fix it they just let it go and our our purpose here is not for punishment it is for fixing and getting it right so that being said would you um Mr White agree to continue this case until we have just give us a couple of months and see what we get back and then if you will we'll put I'll put it on my calendar for Mr stra to contact you give us about three months the the the fines are not acre are you trying to sell the property right now okay so it's not going to really affect you that I don't make a ruling today okay let's do that because I know we're trying to get it to where it is um more flexible and we have more direction as to what city wants done because like in this situation I mean the 45,000 is not be it's never going to be collected because it's the proper another sell for that so the reality is we've got to have some flexibility so if you don't mind waiting we'll wait and see if I get that flexibility and then and he gets that flexibility then we can come back for more testimony is that agreeable to you that's fine Perfect all right I'm G to put it on my calendar for three months for us to review this case again if we haven't uh gotten the new stuff and we're still working on it we may have to continue it again so understand uh the wheels government moves slow sometimes is we both know that the uh fines have stopped acre and we're not planning on selling it so it's not going to affect us either way okay be acceptable you if I reach out to Frankie as soon as we get possible lean reduction I know that young lady you do she's a very nice young lady and so does everybody else in the room that'll be fine I hope she's applying I hope she's applying for the Circuit Court position Kelvin took count yeah I read that where he had appointed to that ever who wrote that article did you read that article they had are we off the Record now yeah it still records they had Kelvin according to he was going take north north north and the other guy there was be iny he had it right back oh wow who done oh goodness we know Kevin is gonna be here yeah he'll be here and um we hope that we get some additional judges because the judges that we do have are are highly overworked I wish she would uh well thank you gentlemen and we'll continue this case like I said I'll put it on my calendar for three months and advise Chris to contact Frankie or you guys uh through again to get you back up here thank you Pastor y'all have a good day yeah I mean we [Music] can't oh yeah yeah thank you Kevin oh no Frankie she's uh it's a girl yeah Frankie is the other guy is Matt Richardson yeah he was he was State Attorney she was public defender yeah yeah both of them really good I I think very highly of both of them as attorneys and people just for the record go ahead 2023 00106 section 14-2 hazardous address is at 192 Avenue paral number is 363 November 1 1919 050000 0032 property owner is the estate one shows the property the city liit liit two instruction on 68 of 2023 liit three instruction on 77 in 2023 four section 823 in 2023 5 Section 97 2023 six section 111 of 2023 7 inspection of 121 2023 8 inspection of 125 of 2024 n section on 226 of 2024 10 in section 41 24 SE 418 2024 on June 8 2023 want second code enforcement violations violation at the property on 192 Dy Avenue I photographed the property I reviewed the Case Files confirmed that there was not on going case File I checked the W County property appr office website and indicated that property isn't is owned by the state of Marie Daniels following that has Grime and mold chipping cracking paint leading the wood from the elements wood R and Decay boards fing side instruction 23rd 2023 property morning property July the 17th 2023 violation Ober violation to the property August 23rd 2023 violation August 24th 2023 violation 721 27202 2887 0389 and still moving between those time frames of August and um July 17 I actually talked to one of the proper or one of the family members there intention was to actually demo the property is that M on turn they turn it off okay yeah yes sir it's for the live stream on September 27th 2023 expected the property the violation still observed def the 21st 2023 expected the property the violation still observed December the 11th 2023 expect of the property the violation is still observed um January 25th 2024 expect to the property the violation still observed January 26 2024 prar and sent a notice violation with to the property owner February 26 2024 the the property the violation was still observed um April the 1st 2024 I expected the property the violation still observed I prepared and send a notice of hearing certified mail with the return receipt to the property owner the notice of hearing was posted at City Hall and the property was posted by code enforcement certifi mail was 7021 27202 2887 2703 and that one is still moving through the network April the 18 2024 expected the property on the date of the hearing the property shows no Improvement and no change of condition exhibit 13 letter of violation exhibit 14 a letter of violation um zic 15 letter of violation certified maale zic 16 letter of violation tracking showing it's still going through um the network uh exhibit 17 a letter violation um exhibit 18 the letter the notice of hearing certified mail and zibit 19 notice of hearing tracking showing it's going through the network exhibit 20 please find that the property of 192 dorsy Avenue def Springs Florida parcel number 363 November 1 91905 0000 0032 is located within the mity area def fix Springs of Walt County in is subject to the city of Phenix code of ordinances please find the violations of the city of fix Springs code of ordinances chapter 14 section 14-2 on the property please find that the proper notice of the hearing was given to the respondant the respondent is to correct the violation within 120 days of of this date of this order and that the respondent is further ordered to contact the city of screen's cut Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order death respondent fails to comply with the above actions or fails to bring the property into compliance with the capable codes ordinances and regulations according to this order special magistrate will assess the final $50 a day until brought into compliance end of my testimony thank you for your testimony I accept your testimony into the record your presentations and your exhibits and your PowerPoint presentation into the evidence and the record uh is there anyone here to speak on behalf of the estate of Marie Daniels hearing none I do have a couple questions for you is the house occupied no ma'am okay and has it has the family told you where this is probated uh what court this is I could not find anything inside um W Florida regarding this property I noticed that the address for the uh for the estate of Chicago yes that person yes that's the one that they contacted me to let me know that their intentions were to delish demolish the property or the structure did they give you any any timeline of when they were going to do this no ma'am okay um and that's why actually for those several months where I just went and inspected the property and not sending out letters I was waiting for to see if they actually were going to do anything uh did you inform them of the cra's U assistance and that sort of thing or did they assist I believe um one the one of the first letters when I sent out I actually sent out a flyer with the cra's information in there at least I Tred to as much as I can that's all my questions um again is there anyone to speak on behalf of the estate hearing and I'll render my decision I do find that um excuse me I do find that this case uh has come before me and testimony has been taken and opportunity for the defendant to testify has been issued with no one here respondent with state of Marie Daniels whose mailing address is 1145 South Wallace Street Chicago Illinois 60628 is the owner of the property as described and also known as won 192 dorsy Avenue defunc Springs Walton County Florida Florida partial ID 363 November 1 191 1950000 0032 the real property listed above is located in existing within the city of DEC Springs Walton County Florida and the respondent as the owner of the real property is responsible for maintaining uh and the same accordance with the code of ordinances of the city of defc Springs all required notices have been made in accordance with Florida statute 16212 and county code conditions do exist on the subject property in violation of the city code of section 14 14-2 nuisance and hates or unsanitary conditions General requirements such as constituting a nuisance or serious threat to the public health safety and Welfare within the meaning of 162.000 6 sub4 I find specifically that this property is an attractive nuisance to vagrants and potentially children so it is a u to me an emergent situation um this is a lawfully constituted code enforcement proceeding convened pursuant to chapter 162 part one Florida Statutes in chapter 18 of the city of defenc Springs Land Development code the special magistr has has jurisdiction over the subject matter and the respondant I am therefore ordering just one second that the respondant I know you asked for 120 days I think that 90 days is sufficient do you agree with that yes ma'am okay and also um I'm going to raise the fine to 75 because of the extent of how long this has been going on and the potential Hazard to children and and to vagrants and homeless people going in there um and I do give you the authority to extend the time if they're in communication with you and you think that they're reasonably trying to uh correct the situation they also are going to be uh is the respondent's duty to contact the city of definian experience code enforcement once the correction has been made for reinspection and stopping of any fines that are ACR fingers aren't working there we go thank you you want to call your next case no one's present for the estate yes sir um this one is one that I see a potential Conflict for so Mr city manager U Mr mcnight was a city uh sitting city council member when he um passed do you have do you feel that there is a conflict of interest for the city to hear this case or to be participating in case and seeing that there's no one here from the estate I'm going to wave their conflict because they have not appeared and did you did you find where an EST state has been um I've actually talked to the daughter okay not about about this and there was actually another complaint brought up about the some vehicles that were being parked in city right away some some people okay so um she knows about this okay very good then go forward please please fining fact hearing case number 2023 00163 violations chapters for this one is chapter 14 section 14-3 violations enumerated address is 152 Linc con Street um partial number is 253 November 1 91 9070 00511 one1 property owner is the estate of Robert H mcnight exhibit one shows that the properties inside the city limit subject to the def spring code of ordinances um exhibit two inspection 88 or inspection 823 of 2023 what the complaint is about is the overgrowth grass and the um pool that has mosquitoes okay I thought they filled in that pool no ma'am okay thank you exhibit three is inspection on 927 2023 zibit fors inspection 111 of 2023 exibit Five inspection on 1211 of 2023 exibit six inspection on 22 of 2024 um s's inspection on 38 of 2024 inspection 8 exhibit 8 inspection on 41 of 2024 and exhibit N9 inspection on 418 of 2024 on August 23rd 2023 I received a complaint from Linda White regarding the property 152 Lincoln Street um I drove to the property where inspection was completed along with the photographs I reviewed the Case Files confirmed there was not ongoing case File I checked the Walton County property appraisers office website indicated that the property is in the city limits and um and owned by the state of Robert H mcnight the following Reserve over growth of grass weeds and wild vegetation of 12 in or more swimming pool green um without um allowing mosquitoes to breed August 25th of 2023 expected the um I prepare and send a warning notice to the property owner um September the 7th 2023 I received a new complaint regarding cars that belong to the estate I um after the um September 27th I expect the property violation will Reserve September 28th SP I prepared and sent a notice of violation to the property owner um on September well on September September the 7 2023 they actually the vehicles were posted um for basically to be removed after after 10 days the city removed them um the daughter contacted me letting me know that the vehicle going to be removed and I told her about the violation about the house with overgrowth and the pool I was informed that the they were turning the house back over the bank and waiting for the bank to just foreclose on the property and basically it was going to be their responsibility nov November the 1st 2023 I inspected the property and the violation still observed December the 11th 2023 I expected the property and the violation still observed December 13th of 2023 appear and sent a notice of violation to the property owner um February 2nd 2024 the property the violation so observed February the 5th 20124 appear sent no violations for a mail to return receipt to the property owner so if I mail was 7021 27202 2886 3077 it was returned back to me were they sent to lante Street or did the daughter give a no it was sent to the the state's house here inac did the daughter give you any kind of contact other than no she did not okay thank you on March the 8th 2024 of the property the Val still observed April the 1st 2024 speak of the property the violation still observed I prepare and send I a hearing certified mail with return receipt to the property owner the um no hearing was posted at City Hall the property was posted by code enforcement certifi mail with 7021 2720 00002 2887 2710 and that was returned back to me April 18th 2024 to the property the violation is still observed um exhibit 11 letter of violation exhibit 12 another letter of violation exhibit 13 a letter of violation exhibit 14 a letter of violation certified mail um exhibit 15 a letter of tracking showing it was returned back to me exhibit 16 notice of hearing um and exhibit 17 noce of hearing tracking showing return back to me uh 18 please find that the proper property of 152 linon Street defix Springs Florida parcel number 253 November 1 191 1907 0000 5111 is located within the municipality area of Phoenix Springs of Walton County and is subject to the to the city of Springs code of ordinances please find out the violations of the city of Phenix Springs code of ordinances chapter 14 161 14-3 on the property please find that the proper notice of the hearing was given to the respondent respondent is to correct the violation within 60 days of the date of this order and that the respondent is further ordered to contact the city of Shing code of ordinances or Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that if the respondent fails to comply with the above actions or fails to bring the property into compliance with the capable codes regulation ordinances and regulations according to this order that the magistrate will ass a $50 day fine till the property is brought in compliance that will be the end of my testimony I accept your testimony into the record and your presentation including your exhibits into the record as evidence is there anyone here to speak on behalf of the estate of Robert Knight mcnight anyone at all Mr mcnight was he was a city council me member or was he a board member Council council member okay I remember the there was another board member that passed with that on um Lake Juniper I believe I was trying to F remember which one was which okay uh I do find that there is a violation um of Statute so I will issue my order anounce that there's no one here to defend uh this case has come before special magistrate city of defc Springs Walton County Florida on today's April 18th 2024 after due notice to the respondent and special magistrate having heard testimony under oath received evidence in her argument is hereby issues the F following finding of fact conclusion of Law and Order as follows the respondent the estate of Robert H mcnight and by the way I didn't is there any uh estate filed with the Walton County clker Court not I know of um did she indicate that there was any estate filed anywhere no um when I did some research regarding the property apparently Mr mcnight had re um got more money from the from the um the estate on with what the mortgage was so it was additional money that was taken out um so he did what basically what what the mortgage was she got a I guess reversed uh and and took loan after he passed no before he just before he passed oh okay almost like $200,000 okay so um so there's there's quite a bit I can think money owed on the house right so so that's why I think he's being allowed to go back into foreclosure okay I got you and the did was he married where did his wife his wife had passed away a couple years before okay so it was just him in the house correct and no one's living there now correct okay let me complete my order then I apologize for the interruption um the real property known as 152 lante Street defenc Springs Walton County Florida partial ID number 253 north1 191 970000 5111 the real property listed above is located and existing within the city of defc Springs Walton County Florida responded as owner of the real property is responsible for maintaining the same in accord with the code of ordinances of the city of defunc Springs and all notices have been made in accordance with BR of statutes 162.5 and county code uh conditions presently exist on the subject property in violation of city code section 14 14-3 violations enumerated and conditions constituting a nuisance and serious serious threat to the public health safety and Welfare within the meanings of 162.000 6 sub paragraph 4 Florida Statutes and the uh I also find that the Mosquito Control ordinances for Walton County have been violated as well this um this is a lawfully constituted code enforcement proceeding convene pursue it to chapter 14 162 part one Florida Statutes and chapter 18 of the city of defini ex Springs Land Development code the special magistrate has jurisdiction of the subject matter and the respondent based on the forgoing finding of facts and conclusions of law pursuit to the authority granted in chapter 162 Florida Statutes I hereby find that the respondent is to correct the effort said violations only before 60 days or a fine in the amount of is it $50 per day you recommended yes ma'am $50 per day uh shall be imposed and the respondent is further ordered to contact the city of Def expr Code Enforcement office to arrange for reinspection of the subject property to verify compliance with this order in order to stop any fines or any further action being taken the code enforcement officer has the authority to extend the compliance date on behalf of the special magistrate upon a showing of good faith by the respondent so [Applause] ordered um just for an assade the uh W Walton County does mosquito control for the city they have the authority to enter um that property to to um to um eradicate the mosquitoes as part of Florida stat stat the Department of Health Florida Statutes so they can take law enforcement with them to enter the property and they can enter and correct at least the it needs to be count yeah forwarded to the county um the county mosquito control district they'll either they'll come in and put the um chemicals in to kill the mosquitoes or put fish in whatever you know they I don't know what they do I know what southw used to do but they they have the authority to go on the property I'll reach out to them yeah and that that way at least also the other thing I find is that this pool needs to be secured so if you'll contact the there actually is a fence around the the pool very good okay I'm just worried about kids in the summertime all right your next case I have called the halls for the um Lake yard Consulting Group LLC um that is also managed by Mr Robert mcnight okay finding a fact fact hearing case number 2023 00187 violations chapter 14 section 14-2 nuis nuisances and hazardous earn conditions General requirements address is 160 Leon Street partial number is 253 November 1 191 19070 0000 5120 property owner is the lakeyard Consulting Group LLC exhibit one shows that the property is inside the city limits and subject to the def spring code of ordinances exhibit on inspection of 925 of 2023 exhibit three is inspection one or 111 of 2023 four it's a 1211 of 2023 Five inspection on 22 of 2024 inspection six inspection on 38 of 2024 exic 7 inspection 41 of 2024 um just a couple days after this inspection someone came into my office actually neighbors just to the um left of this South if you're looking at it which is actually their backyard um so apparently they believe there's a transient person living in the house now the windows are busted out and after one of the big storms of one of the walls which I cannot see because of a fencing on the back side is starting to um collapse um every time I went stopped by to ask permission to walk on their property no one's over there so I wasn't able to document it myself okay um exhibit 8 espe 418 of 2024 is that a construction um yes ma'am um he's had that permit up for years was this his office or did someone live there at one no this is actually the house right next to door to his house right was he did he anybody living in at anytime not that I know of I think he was just going to restore it did um um did this one have the same issue with the mortgage as the other house not I know on this one because of the value of the of the property and need being brought up the code is this um is this house does it have a mortgage on it that you know not I know okay thank you go ahead September the 25th 2023 while expecting cforce violations I observed a violation at the property of 60 160 linon Street I photographed the property reviewed the Case Files confirmed that there was not an ongoing case File I checked the Walton County Property Appraisers website and indicated that the property is in the city limits of the Phoenix Springs and owned by the lakeyard Consulting Group LLC the following was Observe a structure that paint is starting to severely chip and peel from the wood and making it protected to the elements um I prepared and sent a warning notice to the property owner November the 1st 2023 expected the property the violation still observed um December the 11th 2023 expect the property the violence still observed um December the 20 December 13th of 2023 expected the property violation I sent a notice violation to the property owner um February the 2nd 2024 expected the property the violation was still observed February the 5th 2024 I prepared and sent a no of violation certified mail return receipt to the property owner certifi mail was 7021 2720 00002 2886 3084 and that was returned to me March the 8th 2024 the property the vi is still observed April the 1st 2024 of the property violation is still observed a parents sent a notice of hearing certified mail return receipt to the property owner the notice of hearing was posted at City Hall the property was posted by code enforcement surfi mail was 7021 272 00002 2887 2727 which was returned to me April the 18th 2024 the property on the date of the hearing the property shows no improvement and no change condition did the daughter speak to you at all about this property no I do not know if um if that mail is going to her or not it's going to um um I believe to the to a PO Box so I'm not sure who is actually Gathering that letter okay and I really wasn't positive if she actually had any business with it being part of the Consulting Group of LLC I didn't know she have any rights to it was he the sole member of the LLC for what I could tell yes okay and um was he the agent for service processes first Biz yes that's very good uh one other question where does she live is she local or does she I do not know where she lives actually okay all right very good any other evidence uh exhibit 10 a letter um letter of violation um exhibit 11 a letter of violation exhibit 12 letter violation to the certified maale um 13 is the letter of tracking showing it was returned back to me exibit 14 notice of hearing exhibit 15 notice of tracking showing those return back to me and existing please find that the property of 160 Leon Street D Springs Florida partiel number 253 November 1 191 19070 0000 5120 is located within the mpal area to Springs of Walton County and is subject to the city of Springs code of ordinances please find the violations of the city of Springs code of ordinances chapter 14 section 14-2 on the property please find out the properness the hearing was given to the respondant the respondent to correct the violation within 120 days the date of this order and that the respondent is further ordered to contact the city of Def spr Code Enforcement office to arrange for a reinspection on the on the subject property to verify compliance with this order that the respondant fails to comply with the above actions or fails to bring the property into compliance with the capable orders codes or ordinances and regulations according to this order the special magistrate says the f of $75 a day until the property Bing compliance that's in my testimony very good uh your testimony is accepted into the evidence as well into the record as evidence as well as the exhibits and PowerPoint presentation you presented is there anyone here on behalf of the defendant lakeyard Consulting Group LLC a Florida LLC hearing none I'll issue my findings this case comes before a public hearing of the special magistrate city of defunc Springs wton County Florida on Thursday April 18th 2024 after due notice to the respondent and special magistrate having heard under oath received evidence and heard argument hereby issues the following founding of fact conclusion of Law and Orders as follows the respondent lakeyard Consulting Group LLC a Florida LLC who limited liability company whose mailing address is PO Box 1382 Toc Springs Florida 32435 is the owner of the real property described and also known as 160 lante Street DEC Springs Walton County Florida partial ID number 253 November 1 91 90700 5120 the real property listed above is located and existing within the city of defc Springs Walton County Florida respondent as owner of the real property is responsible for maintaining the same in accordance with the code of ordinances of the city of defc Springs all required notices have been in accordance with Florida statutes chapter 16212 and county code um conditions presently exist on the property in violation of city code section chapter 14 section 14-2 nuisances and hazardous unsanitary conditions General requirements such as conditions constituting a nuisance and a serious threat to public health safety and Welfare within the meaning of chapter 162.000 6 sub chapter 4 Florida Statutes this is a lawfully con uh constituted code enforcement proceeding convened pursuant to chapter 16 two part one Florida Statutes and chapter 18 of the city of ginc Springs Land Development code as special magistrate I have jurisdiction over the subject matter and the respondant based upon the findings of facts and conclusions along law the pursue it to the authority granted in me in chapter 162 Florida Statutes the special ma magistr finds that the respondent is to correct the after said violations honored before 120 days from the date of this order a fine of $50 per day shall be imposed upon uh be imposed upon the property and the respondent and that the respondent is further ordered to contact the city of defin experience code enfor enforcement offices to arrange for reinspection of the subject property to verify compliance with this order to stop any fines if they do exist I also give code enforcement the authority to extend the uh compliance date on behalf of the special magistrate upon a showing of good faith or or good effort by the respondent so no oh I'm sorry it's 75 per day I apologize I just make sure if you were reducing it no no no I was going to do it at 75 I just I wrote the wrong one I'm sorry or was reading something else I guess sorry I do apologize thank you for catching that for me okay thank you for coming congratulations you're doing a great job how you they going work on Chang good good good good I appreciate it anything I can do to help you let me know thank you all right sir clerk yes ma'am here you go you be it's easy to say Madam clerk sir clerk sounds a little you not that it's a you know you just used used to say in that right right right but the last person that was here was you know female so yeah and U well when I was a city council member in Fort Walton at um I was in CCO Bay we had a we had a male cler let's see and a male city manager too pretty cool okay you uh your next case no one's present for the um Mr kid is not present okay finding a fact hearing case number 2023 00001 195 violations chapter 18 section 18- 58.1 rck junk abandon vehicles and another property address is dorsy Avenue there is no numerics partial number is 253 November 1 91945 00000000 one Z per Claude kid is it claudy or Claude we'll go with claudy then okay exhibit one shows the property inside the city limits and subject to the coordin order ordinances so originally this vehicle was actually parked on the city right away okay and I posted the vehicles telling them they had 10 days to remove the vehicle from the rideway the very next day it was pushed onto this person's property now the problem is I do not know if they had authority to push it on their property or they're just moving it basically from the right away thinking that it would basically make the violation go away does it have a tag no okay when you did the uh inspection when it was on the right away did you take down the VIN number um on this one I have to go back and double check I believe I did um but I I have pulled my old case on it okay yeah the property owner if this is not their vehicle has the right to call any right toe company and they'll take it but the problem is so far they haven't responded back to me all right Exhibit 2 inspection 111 of 2023 um shows that the vehicles on the property with no tag uh exibit three inspection 1212 of 2023 4 22 of 2024 is that the house that's on that property or is there no actually that's a separate on parcel that's on okay is there a structure on this parcel no it's just a vacant lot okay thank you um it's actually right across the street from the school board okay exhibit Five inspection on 38 of 2024 exhibit 6 section 41 of 2024 exhibit 7 inspection 418 of 2024 November the 1st 2023 while I'm expecting code enforcement violations I expect I observed a violation that the property uh on dorsy Avenue I photographed the property I received the case files and confirmed that there was not ongoing case File I checked the Walton County Property Appraisers website indicated the property um is in city limit 15 Springs owned by a CL um kit the following reserved a beige Cadillac Deville on the property without a valid fora tag or registration November 8 2023 and prepar and sent a warning notice to the property owner December the 12th of 2023 expected the property and the violence still observed December 13th of 2023 I prepared and sent a notice of violation to the property owner February the 2nd 2024 I expect the property the violation was still observed February the 5th 2024 parent sent a notice violation certified mail with turn receipt to the property owner cerer mail was 7021 2720 002 2886 3060 the um letter was returned to me March the 8th 2024 the property devation still observed April the 1st 2024 six of the property the violation still observed I prepared and sent a notice of hearing certified mail the turn receipt to the property owner the notice of hearing was posted at City Hall and the property was posted by code enforcement certify mail was 7021 2720 00002 2887 2734 and it's still still in progress um April 18th 2024 expected the property on the date of the hearing the property shows no improvement and no change condition exhibit nine is the letter of violation exhibit 10 is the letter of violation um exhibit 11 is a letter of violation certified mail um exhibit 12 is a letter of tracking showing us return back to me uh exhibit 13 notice of hearing um exhibit 14 not of hearing tracking showing it's still out in progress um recommendation please find that the property of dorsy Avenue New Springs Florida partial number 253 November 1 19945 00000010 is located the missal area ofc Springs of Walton County and is sub to the city of Springs code of ordinances please find the violations of the city of Springs code of ordinances chapter 18 section 18- 58.1 on the property please find that the proper notice the hearing was given to the respondent the respondents to correct the violation within 60 days of the date of this order and that the respondent is further ordered to contact the city of sh Springs code Code Enforcement office to arrange for re inspection of the subject property to verify compliance with this order that the respondent fails to comply with this with the above actions or fails to bring the property into compliance that the capable codes ordinances regulations according to this order the special magistrate assess a f of $25 a day and tell brought to compliance that's the end of my testimony thank you for your testimony it's accepted into the record along with your exhibits and PowerPoint presentation is there anyone here on behalf of Mr claudy kid kid hearing none and seeing no one present I will issue my order I do find that this case has come before um me in the public hearing uh in the city of defc Springs Walton County Florida on today's date April 18 2024 and after due notice to the respondent and special magistrate having heard testimony under oath received evidence and heard argument hereby issues the F the finding of fact conclusions of Law and Order as follows first the uh respondent Claud kid whose mailing address is 1802 Lenny Drive Greensboro North Carolina 2 7409 is the owner of the real property described and also known as a vacant lot on dorsy Avenue defunc Springs Florida Walton County Florida parcel ID number 253 November 1 91945 00000010 the real property listed above is located and existing within the city of defenc Springs Walton County Florida and the respondent as the owner of the real property is responsible for maintaining the same in accordance with the code of ordinances within the city of defunc spring ings all required notices have been made in accordance with Florida Statutes chapter 162.5 and county code conditions do presently exist on the subject property in violation of city code section chapter 18-85 d581 wrecked junk abandoned vehicles or other property such conditions constituting a nuisance a serious threat to public health safety and Welfare within the meaning of Florida Statutes 162.000 6 subsection 4 Florida Statutes I do find that this uh property uh does constitute a an attractive nuisance to children and potential Hazard and is emergent the uh this is a lawfully constituted code enforcement proceeding convened pursuant to chapter 162 part one Florida Statutes in chapter 18 city of defunc Springs L development code and the special magistrate has jurisdiction over the subject matter and the respondant um I know that this the um uh code enforcement has uh requested 60 days notice I'm going to make it 30 days notice because of of this could be easily corrected all they've got to do is call a toe company and it's done uh so I'm going to change that to $30 per day on a f of $25 per day shall be imposed that the respondent is further ordered to contact the city of Def ex Spring's Code Enforcement office to arrange for a reinspection of the subject property into verify compliance with this order uh they further code enforcement uh has the authority to extend the compliance date on behalf of the special magistrate upon a showing a good faith effort by the respondent so ordered or would it be better if um we just probated ourselves we can I mean but the problem is we don't know who the owner of the car is right so if you can from the reason why I asked if you had the vehicle bin number you could probably run the VIN number to find well problem is I can't get on the property now right but I actually still I think I may have the VIN number I'll check but problem is the since I'm no longer a b officer right they will not give you the information um the um can you go to uh uh Rond Skipper's office I can try yeah Rond Skipper's office should be able to tell you who the owner is um uh because that's public record so uh under a public records request they should with that VIN number tell you who the owner is if the owner is Mr kid then there's nothing we can do until we we foreclose upon it if it's not Mr kid um then you know it you can bring it back to me consideration and but you'll need to talk to the City attorney as to whether or not the city would have the authority to enter the property without the property owner's consent if it's still on the street it's one thing but if it's not on the street then we've got an issue of of property um and if it's his property then the subject of Abandonment and us being able to go on the property to to take it out now if it was a hole I'd say yes because that that does constitute an active danger to children because of the rust and that sort of thing uh this one seems to be sealed up though I do find it to still be a nuisance uh because the potential of a child getting in there not being able to get out especially in the trunk so um if you'll speak with the county the City attorney and see what see what can be done that certainly bring it back to me for for reconsideration and um if there's something that can be done immediately let's do it immediately okay thank you okay so we are adjourned at 3:35 turn off the Record was this streaming live