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HomeMy Public PortalAbout09202022 Special Magistrate Hearing MinutesSpecial Magistrate Hearing Minutes September 20, 2022 5:30 p.m. Council Chambers Call to Order 1 Special Magistrate S. Taylor called the Hearing to order at 5:30 p.m. and went over the rules and procedures. 2 Administration of oath to staff/ Respondents /Witnesses Special Magistrate S. Taylor swore in all participants for the quasi-judicial segments of the meeting. 3 Red Light Hearings No hearings scheduled. 4 Code Enforcement Hearings 4.1. 22-576 Special Magistrate S. Taylor presented Case 22-576 regarding 219 Patton Street. Respondent, Robert Carroll, is listed as the owner. Code Enforcement Officer Maddie Tatom presented the case. She went over the violations and notes of same stating they are included in the attached documents. She went over the mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She requested that Exhibit 1 and 1A be entered into the record. Special Magistrate S. Taylor accepted Exhibits 1 and 1A into the record. Special Magistrate S. Taylor asked the building official, R. Raybon, to address the violations. Mr. Raybon noted the property is still in violation, however, the owner has made some effort to address the issue. Melissa McClellan, daughter of Mr. Carroll, spoke on his behalf. She requested an extension to December because of funding needed to repair the roof. Special Magistrate S. Taylor addressed the compliance, noting Mr. Carroll has pulled the necessary permits. Code Enforcement Officer M. Tatom said there is still construction debris in the back of the property. She said the roof violation and the debris still exist. Special Magistrate S. Taylor ordered an extension of 60 days and stated that on or before November 21, 2022 respondent must bring the property into compliance, and if the property is not brought into compliance by November 21, 2022, a $250 a day 11 Page fine be assessed with an annual interest of 6.77%. He waived the $250 administrative fee. It is the responsibility of the property owner to contact the City when the property has been brought into compliance and arrange for reinspection. 4.2. 22-577 Special Magistrate S. Taylor presented Case 22-577 for 418 E. Cobb Avenue noting the Respondent, Adrian Tantas, is listed as the owner. Code Enforcement Officer M. Tatom presented the case. She went over the violations and notes of same stating they are included in the attached documents. She went over the mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She requested that Exhibit 2 and 2A be entered into the record. Special Magistrate S. Taylor accepted Exhibits 2 and 2A into the record. Special Magistrate S. Taylor asked the building official to address the violations. Building Official R. Raybon, went over his observations stating they are in the attached documents. He noted the pictures in the attached document. He noted the water damage to the roof and overhang. No permits have been applied for or issued. Mr. Tantas said currently the property is clear and he has made improvements. The back deck has not been repaired. Special Magistrate S. Taylor said it is a safety violation. Mr. Tantas said he will remove the deck. Special Magistrate S. Taylor reviewed the pictures in the attached documents. Mr. Tantas said no one lives on the property. Building Official R. Raybon said he spoke with two men who stated they are tenants. Mr. Tantas said no one lives there as there is no electricity or water. Special Magistrate S. Taylor stated that violations still exist. The balcony and porch need to be removed. The roof needs repaired. Building Official R. Raybon said the two men at the property had placed tarps up, so he was not able to view the wiring. Special Magistrate S. Taylor asked Mr. Tantas when he could resolve the remaining complaints. He requested a 60 -day extension. Special Magistrate S. Taylor said permits need to be applied for before work begins. Building Official R. Raybon mentioned the permitting system is on-line. Code Enforcement Officer M. Tatom added there is an appliance in the back yard, and Special Magistrate S. Taylor said it needed to be removed. Special Magistrate S. Taylor ordered that on or before sixty days, November 21, 2022, the $250 administrative fee is to be paid, and if the property is not brought into compliance by November 21, 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 when the property has been brought into compliance and arrange for reinspection. 4.3. 22-597 Special Magistrate S. Taylor presented Case 22-597 for 882 E. Chestnut Avenue noting the Respondent, Passive Patriots, LLC, is listed as the owner. Sonya Hernandez was present to speak on behalf of the corporation. Code Enforcement Officer M. Tatom presented the case. She went over the violations and notes of same that are included in the attached documents. She said there is trash debris and derelict mobile homes on the property. She went over the violations and notes of same stating they are included in the attached documents. She went over the mailings, postings at property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She asked that Exhibits 3 and 3A be entered into the record. Special Magistrate S. Taylor accepted Exhibits 3 and 3A into the record. Special Magistrate S. Taylor asked if the pictures were accurate and a true depiction of the property, and both Code Enforcement Officer M. Tatom and Building Official R. Raybon stated that they were. Ms. Hernandez there are three tenants currently. She said she had bad tenants, but they are no longer there. She said they have applied for permits. She requested a 60 - day extension. She said she has made progress in the repairs. She has ten mobile homes on the property. Special Magistrate S. Taylor asked the building official to address the violations. Building Official R. Raybon concurred they have applied for the permits for each of the mobile homes. Special Magistrate S. Taylor acknowledged the respondent is making progress. He ordered the respondent has 90 days to comply, so on or before December 21, 2022, the $250 administrative fee is to be paid, and if the property is not brought into compliance by December 21st, 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 when the property has been brought into compliance and arrange for reinspection. 4.4. 22-753 Special Magistrate S. Taylor presented Case 22-753 for 275 McArthur Street noting the respondent, Taylor Howard, is listed as the owner. Code Enforcement Officer M. Tatom presented the case. She noted the violations and notes of same are included in the attached documents. She went over the mailings, postings at property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She requested that Exhibit 4 and 4A be entered into the record. Special Magistrate S. Taylor accepted the exhibits into the record. Ms. Howard stated she obtained the property from her uncle, Mr. Grant. She submitted new photographs of the improvements to the Special Magistrate S. Taylor for the record. Staff also reviewed the submittals. Special Magistrate S. Taylor reviewed the violations that were abated. He noted the boarded -up window. Code Enforcement Officer M. Tatom said the windows were newly replaced, but there were no permits pulled adding the windows that were on the building did not have a date affixed, so the age could not be determined. Ms. Howard said she needs funding and time to complete the work. Building Official R. Raybon noted the siding is not approved material. Special Magistrate S. Taylor ordered that on or before 60 days the property must be brought into compliance. He waived the $250 administrative fee, and if the property is not brought into compliance by 60 days, 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 when the property has been brought into compliance and arrange for reinspection. 4.5. 22-1064 Special Magistrate S. Taylor presented Case 22-1064 for 214 Amellia Place. Mr. L. K and M. L. Belodeau are listed as the owners, and Sean Belodeau, son, was present to address the violations. He noted his mother is deceased and his father is in the hospital in Texas. Code Enforcement Officer M. Tatom presented the case. She noted the violations and notes of same are included in the attached documents. She went over the mailings, postings at property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She asked that Exhibit 5 be entered into the record. Special Magistrate S. Taylor accepted Exhibit 5 into the record. Special Magistrate S. Taylor reviewed the pictures noting they were accurate and a true depiction of the property. Mr. Belodeau said the cars on the property are his, as he works on cars as a hobby. He mentioned that drivers run over the easement, so he has added logs to keep the line from being broken again. Special Magistrate S. Taylor addressed the derelict vehicles noting the vehicles have to be operable, tagged and titled. Special Magistrate S. Taylor asked staff, and Code Enforcement Officer M. Tatom said there has been no communication with the respondent in order to get the issue resolved. Mr. Belodeau stated he works out of town and the area has been experiencing rain, so he did not have time to address the mowing. Special Magistrate S. Taylor went over the violations in the pictures and Mr. Belodeau detailed what items have been removed. Special Magistrate S. Taylor discussed recommendations and noted there were still violations existing on the property. Special Magistrate S. Taylor ordered that violations still exist depicted in the submitted pictures. He ordered that on or before 45 days, the $250 administrative fee is to be paid, and if the property is not brought into compliance by 45 days, a $250 a day fine be assessed for each day the property is not in compliance with an annual interest of 6.77%. It is the responsibility of the property owner to contact the City when the property has been brought into compliance and arrange for reinspection. 4.6. 22-1131 — Removed from docket as the case was brought into compliance prior to the Hearing. 4.8. 22-863 Special Magistrate S. Taylor presented Case 22-863. Owners listed are Linda Evans, Patricia Todd Felicia Thomas. Brenda Bess was not present. Code Enforcement Officer Deborah Lawson presented the case. She noted the violations and notes of same are included in the attached documents. She went over the mailings, postings at property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She asked that Exhibit 11 and 11A be entered into the record. Special Magistrate S. Taylor accepted the Exhibits 11 and 11A into the record. Ms. Evans asked for an extension, as she wants to remove the structure. Code Enforcement Officer Deborah Lawson said they have submitted a CDBG grant for the property and agreed with an extension of 45 days. City Attorney Jonathan Holloway said if they accept the CDBG grant, the city could waive the administrative fee. He mentioned one of the owners not present is not willing to accept the grant at this time, adding the city is agreeable for respondents to have 60 days to bring the property into compliance. Special Magistrate S. Taylor ordered that on or before 60 days to bring the property into compliance. If they choose to accept the grant, the fee will be waived, however, if they do not accept the grant, they will need to pay the $250 administrative fee, and if the property is not brought into compliance by 60 days a $250 a day fine be assessed with an annual interest of 6.77%, or they have the option to demolish the structure. City Attorney Jonathan Holloway advised that the grants are on a first come first serve basis. 4.7. 22-336 Special Magistrate S. Taylor presented Case 22-336 for 550 Long Drive noting the respondent Centerline Enhanced Partners is listed as the owner. After Special Magistrate S. Taylor noted no one was present for the case. He asked again if anyone was present. No one came forward. Code Enforcement Officer Deborah Lawson presented the case. She noted the violations and notes of same are included in the attached documents. She said there are tents set up on the property. She went over the mailings, postings at property and City Hall, as well as the Notice of Public Hearing, as per State Statute. She asked that Exhibit 8 and 8A be entered into the record. Special Magistrate S. Taylor accepted the exhibit into the record. Special Magistrate S. Taylor mentioned the pictures and staff responded that some of the pictures were from the bodycam of Officer Lewis. Officer Lewis presented testimony noting that the camp was somewhat clear currently. He was called to the property because the property owner said there were theft of items. He added there were also fighting among the campers. Special Magistrate S. Taylor ordered that on or before 30 days the property owner must bring the property into compliance, the $250 administrative fee is to be paid, and if the property is not brought into compliance by 30 days, 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 when the property has been brought into compliance and arrange for reinspection. 4.9. 22-895 — Removed from docket as the case was brought into compliance prior to the Hearing. 4.10.22-897 - Removed from docket as the case was brought into compliance prior to the Hearing. 5 Adjournment Special Magistrate S. Taylor adjourned the Hearing at 6:53 p.m. Minutes submitted by, Maryanne Schrader, City Clerk Notice having been duly given