HomeMy Public PortalAbout06212022 Special Magistrate Hearing MinutesSpecial Magistrate Hearing Minutes
June 21, 2022
5:30 p.m.
Council Chambers
1 Call to Order
Special Magistrate S. Taylor called the Hearing to order at 5:36 p.m.
2 Administration of oath to staff/ Respondents /Witnesses
Special Magistrate S. Taylor swore in all participants for the quasi-judicial segments of
the meeting at 5:38 p.m.
3 Red Light Hearing
There were no Red -Light Hearings to be heard.
4 Code Enforcement Hearings
4.1. 22-575
Special Magistrate S. Taylor opened Case 22-575 stating the owners listed
are George W. and Betty F. MacNeil for the property at 158 Smith Street. He noted
that Mr. MacNeil was present and that this case has been continued.
Code Enforcement Officer D. Lawson, asked for a continuance that this case has
been continued for ninety (90) days.
Special Magistrate S. Taylor granted the continuance for Case 22-575 for ninety (90)
days.
4.2. 22-674
Special Magistrate S. Taylor opened Case #22-674 stating that the owner is
Samantha H. Dancer, and the property is located at 554 Purl Adams Avenue.
There was no one in attendance and no one was present to represent Ms. Dancer's
interest.
Code Enforcement Officer D. Lawson presented the case. Violations and notes of
same are included in the attached documents and went over the mailings, postings at
property and City Hall, as well as the Notice of Public Hearing. She requested that
Exhibit 10 be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 10 into the record.
Special Magistrate S. Taylor reviewed the documents and concluded that the
property did stand in the violations submitted.
Special Magistrate S. Taylor ordered that the owner had on or before 7/25/2022, to
11Page
bring the property into compliance and if the property is not brought into compliance
by 7/25/2022, a $250 a day fine will be assessed with an annual interest of 6.77% to
include the cost of the hearing.
4.3. 22-598
Special Magistrate S. Taylor opened Case #22-598 stating that the owner is
Charlotte Gross, and the property is located at 802 East Chestnut Avenue.
Ms. Gross was not in attendance, and no one was present to represent her interest.
Code Enforcement Officer D. Lawson presented the case. Violations and notes of
same are included in the attached documents. She went over the mailings, postings at
City Hall and property, as well as the Notice of Public Hearing. She asked that
Exhibit 7 and 7a be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 7 and 7a into the record.
Special Magistrate S. Taylor reviewed the documents and concluded that the
property was in violation of those hereby submitted. Special Magistrate S. Taylor
asked the building official, R. Raybon, if that was his signature at the bottom of the
page that discussed structural inconsistencies. Mr. Raybon stated that it was his
signature. Special Magistrate S. Taylor inquired about the roof and roof permit with
the building inspector. Mr. Raybon stated that the owner would have to reapply for a
permit as the current one has expired.
Special Magistrate S. Taylor ordered that the owner had on or before 7/25/2022, to
bring the property into compliance, and if the property is not brought into
compliance by 7/25/2022, a $200 a day fine will be assessed with an annual interest
of 6.77% to include the cost of the hearing. Ms. Gross is required to contact the
permitting office to pull the appropriate permits.
4.4. 22-596
Special Magistrate S. Taylor opened Case #22-596, owner listed as Juan R. Cruz
Perez, for property at 108 S. Hathaway Street. Mr. Perez was in attendance with the
assistance of a translator.
Code Enforcement Officer D. Lawson presented the case. Violations and notes of
same are included in the attached documents. She went over the mailings, postings at
City Hall and property, as well as the Notice of Public Hearing. She asked that
Exhibit 6 and 6a be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 6 and 6a as evidence. Special
Magistrate S. Taylor asked the building official to if that was his signature for the
structural determination included in the exhibit 6a. Building official R. Raybon
stated that it was his signature. Special Magistrate S. Taylor then asked Mr. Perez for
his response to the evidence presented.
Mr. Perez communicated through his translator that he was working on the property
little by little. Due to his work schedule, Mr. Perez is trying to get the property in
right standing. He has applied for permits for the fence and the siding and is
currently trying to obtain a permit for the roof.
Special Magistrate S. Taylor asked Mr. Perez how much time he would need to
bring the property into compliance.
Mr. Perez replied through his translator an acceptable time frame.
Special Magistrate S. Taylor asked the Code Enforcement Officer if sixty (60) days
would be enough time for Mr. Perez to address some of the issues addressed in the
code violations mentioning progress is going to have to be seen with attempts to
bring the property into compliance. Special Magistrate S. Taylor ordered that Mr.
Perez be given ninety (90) days to complete the work in progress, to pull the roof
permit and to install the windows. There are violations but there are mitigating
factors that Mr. Perez is addressing. If the respondent fails to correct the violations
on or before September 20, 2022, a fine of $250 per day will accrue and to include
the cost of the hearing.
4.5. 22-346
Special Magistrate S. Taylor opened Case #22-346, with property owners listed as
Kenneth J. Siler for property located at 311 W. Oakdale Avenue. Mr. Siler was
present.
Code Enforcement Officer D. Lawson presented the case. Violations and notes of
same are included in the attached documents. The violations noted are an inoperable
vehicle, trash, and debris. She went over the mailings of notices, postings on the
property and City Hall and Notices of the Public Hearing. She asked that Exhibit 5
and 5a be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 5 and 5a into the record. Special
Magistrate S. Taylor asked the building official about the structural determination in
the evidence provided if that was his signature. The building official, R. Raybon
stated that was his signature.
Special Magistrate S. Taylor stated that are violations present but understands the
time frame of having a truss for a roof made to order. He gave ninety (90) days to
bring the area into compliance, meaning retaining a person to work on bringing the
property in compliance including retaining the necessary permits to obtain a roof.
Mr. Siler then inquired about 798 N. Wilson stating it is in the same condition as his
property. He inquired as to why there have not been any violations being levied on
the property.
Special Magistrate S. Taylor stated that being that a formal complaint is filed he will
inquire with the City Attorney.
5 Adjournment
Special Magistrate S. Taylor adjourned the Hearing at 6:19 p.m.
Minutes submitted by,
kka
'NatasiLa Peacock, on behalf of the office of the City Clerk
Proper Notice having been duly given