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
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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