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HomeMy Public PortalAbout02152022 Special Magistrate Hearing Minutes - ScannedSpecial Magistrate Hearing Minutes February 15, 2022 5:30 p.m. Council Chambers 1 Call to Order Special Magistrate Samuel Taylor opened the hearing at 5:32 p.m. 2 Administration of oath to staff/ Respondents /Witnesses Special Magistrate Samuel Taylor swore in those present intending to provide testimony. 3 Red Light Hearines - None scheduled. 4 Code Enforcement Hearings 4. L Case 21-1072 Special Magistrate S. Taylor opened Case 21-1072 and noted the property owners of 602 E. Griffith Avenue are Julie Fletcher and Van Chau. Code Enforcement Officer Deborah Lawson presented the case #21-1072. She noted violations and notes of same are included in the attached documents. Code Enforcement Officer Deborah Lawson went over the notices that were sent by certified mail and posted on the property and City Hall. She noted the reinspection dates stating the results are non-compliance. Special Magistrate Samuel Taylor asked about the permits included in the packet. Building Inspector, Ronald Raybon, said he scheduled the permits, but no one has provided any work. Building Inspector R. Raybon also noted his inspections done on the property and within the report. Code Enforcement Officer D. Lawson went over the details of the recommendation on the cure for the violations. She submitted Exhibit 1 and Exhibit 1 A and entered them into record. Special Magistrate Samuel Taylor asked Building Inspector R. Raybon to address the building that is in violation. The Building official, R. Raybon, explained the pictures and stated his recommendation is in the attached documents. Staff then made the following recommendation: That on or before March 14, 2022 the $250 administrative fee be paid and if the property is not brought into compliance by March 14, 2022, a $250 a day fine be assessed with an annual interest of 6.77%. It is the responsibility of the property owner to contact the City that the property has been brought into compliance and arrange for reinspection. Mr. Chau testified that he is repairing the property, but he is working and saving money to purchase supplies for the repairs. He intends to keep the property for his family. Special Magistrate Samuel Taylor asked several more questions regarding the permits Mr. Chau Page I 1 pulled for the property. Mr. Chau said he has been sick and unable to make the repairs. Mr. Chau showed pictures to the magistrate on his progress, and Special Magistrate Samuel Taylor explained the pictures of the property. He asked Mr. Chau if he can repair the stairs and roof before March 14th, and Mr. Chau requested more time. Staff discussed details on the repairs needed to be in compliance. Mr. Chau requested an extension of time and Special Magistrate Samuel Taylor noted the mitigating factors stating the windows need to be covered, the Structure needs to be secured, and the stairs need to be repaired. The magistrate agreed with the staff recommendation, however, he extended the compliance time to May 14, 2022 to have the items addressed. However, a fine of $250 a day will be assessed if not brought into compliance by May 14, 2022. 4.2. 22-50 Special Magistrate S. Taylor opened Case #22-50 on property located at 215 W. Cobb with the owner listed as Hayvard Lee. Code Enforcement Officer Deborah Lawson presented the case. She went over the violations and notes of same are included in the attached documents. She went over Exhibit 2 and noted the certified mail and posting at City Hall and on the property. Special Magistrate S. Taylor asked if the pictures were accurate and a true depiction of the property. Staff stated some of the vegetation has been removed and the tent, as well. Special Magistrate S. Taylor swore in Leonard Lee. Mr. Lee said the fire chief has a key to the building, and he has to receive approval to enter the property. He stated his brother has been cleaning the property. City Attorney J. Holloway explained the public cannot provide testimony if they are not the property owners. Special Magistrate S. Taylor noted there have been efforts to clean up the property stating Pictures 7, 9, and 10 show substantial progress. He agrees with the city attorney's explanation, however. He found violations still exist. He ruled that on or before March 14, 2022, the $250 administrative fee be paid, and if the property is not brought into compliance by March 14th, by removing trash, debris, and vegetation over twelve inches, remove graffiti, remove camps tents, and secure property. However, a $250 a day fine is to be assessed with an annual interest of 6.77%, if not brought into compliance. It is the responsibility of the property owner to contact the City when the property has been brought into compliance and arrange for reinspection. 4.3. 22-52 Special Magistrate S. Taylor presented Case 22-52 for property located at 207 W. Cobb Avenue stating the owner listed is Leonard Lee. Code Enforcement Officer Deborah Lawson presented the case. She noted the dates for the certified mail, postings on the property and at City Hall. She went over the violations and notes of same are included in the attached documents and entered Exhibit 3 into the record. Special Magistrate S. Taylor asked if steps had been taken to clear the property, and Code Enforcement Officer Deborah Lawson stated that they were. Special Magistrate S. Taylor swore in Leonard Lee who provided testimony stating he is attempting to clean up the property. Special Magistrate S. Taylor ruled that there were two violations remaining stating the trash and debris must be removed. Special Magistrate S. Taylor made the following recommendation: That on or before March 14, 2022 the $250 administrative fee be paid and if the property is not brought into compliance by March 14, 2022, a $250 a day fine be assessed with an annual interest of 6.77%. It is the responsibility of the property owner to contact the City that the property has been brought into compliance and arrange for reinspection. 4.4. 22-136 Special Magistrate S. Taylor presented Case 22-136 stating the owner of the property at 436 Apple Drive is listed as Pi Chiao Herman. Code Enforcement Officer Deborah Lawson presented the case noting the violations and notes of same are included in the attached documents. She went over the certified mailings, postings at City Hall and on the property. She presented Exhibit 4 to the record. Special Magistrate S. Taylor asked if the pictures were accurate and a true depiction of the property and noted the vehicle depicted does not have a tag. Special Magistrate S. Taylor noted notice was properly served and a violation still exists. Special Magistrate S. Taylor ordered that on or before March 14, 2022 a $250 administrative Fee is to be assessed if the vehicle is not removed from the property or brought into an operable state. If it is not brought into compliance by March 14, 2022, a $250 a day fine will be assessed with an annual interest of 6.77%. It is the responsibility of the property owner to contact the City that the property has been brought into compliance and arrange for reinspection. 4.5. 22-161 Special Magistrate S. Taylor opened Case 22-161, for property located at 218 Stillwell Boulevard noting the owner is listed as Roman Portugial. Code Enforcement Officer Deborah Lawson presented the case and noted the dates of certified mailings, postings at City Hall and property. She noted the violations and notes of same are included in the attached documents. She entered Exhibit 5 into record and noted the non-compliance after inspections. Special Magistrate S. Taylor asked if the pictures were accurate and a true depiction of the property and staff stated that they were. Special Magistrate S. Taylor asked the building official, R. Raybon, to address violation, who stated his recommendation is in the attached documents and noted he made the inspections. Code Enforcement Officer Deborah Lawson noted the picture of the pool in violation. Special Magistrate S. Taylor noted a violation exists stating a permit was not pulled to erect the pool and is not in compliance with the building code. Building Inspector R. Raybon added they will have to meet building code requirements and statutes. Special Magistrate S. Taylor ruled that on or before March 14, 2022, the respondent needs to obtain the required permits for the fence and pool or remove them from the property. He imposed a $250 administrative fee to be paid, and if the property is not brought into compliance by March 14, 2022, a $250 a day fine be assessed with an annual interest of 6.77%. He said it is the responsibility of the property owner to contact the City that the property has been brought into compliance and arrange for reinspection. 5 Adi ournment Special Magistrate S. Taylor adjourned the Hearing at 6:29 p.m. Minutes submitted by tanneISader, City Clerk Proper notice having been duly given