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
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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