HomeMy Public PortalAbout11212023 Special Magistrate Hearing MinutesSPECIAL MAGISTRATE HEARING MINUTES
NOVEMBER 21, 2023
5:30 P.M.
COUNCIL CHAMBERS
1 Call to Order
Special Magistrate Samuel Taylor called the meeting to order at 5:30 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.
3 Red Light Hearings — None brought forward.
4 Code Enforcement Hearings — None brought forward.
4.5. Case 23-769
Special Magistrate Samuel Taylor heard Case 23-769 first, as the owner was present for the
property located at 1254 Rayburn Street, stating the owner listed is Keith E. Gonzales.
Maddie Tatom, Code Enforcement Officer, presented Case 23-769. She went over the violations
and notes of same stating they are included in the attached documents. She went over the certified
mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as
per State Statute, Chapter 162. She requested 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 of the property and asked Mr. Gonzalez
questions regarding improvements and permits. Mr. Gonzalez said he started the work before
obtaining a permit, as he did not look into the law prior to starting.
Special Magistrate S. Taylor asked about the skirting that was placed on the property and Mr.
Gonzalez replied the skirting was to keep out animals. Mr. Gonzalez said he needs to repair the
existing fence, but was unfamiliar with the law for obtaining a permit. He added Mr. Oglesby is
going to assist him in pulling permits and requested an extension of 30 to 60 days.
Special Magistrate S. Taylor said the goal is to get the property into compliance. He said some
violations still exist, and the skirting and fence need to be brought into compliance.
Special Magistrate S. Taylor made the following recommendation: He stated Mr. Gonzalez has 60
days to bring the property into compliance, a $250 administrative fee is to be paid, and if the
property is not brought into compliance within 60 days, a $250 a day fine will be assessed. It is
the responsibility of the property owner to contact the City when the property has been brought
into compliance and arrange for reinspection.
4.1. Case 23-639
Special Magistrate Samuel Taylor opened Case 23-639, 748 S. Wilson Street, stating the owners
listed are Merlyn J. Applewhite Trust. The owner is not present.
Code Enforcement Officer Deborah Lawson presented Case 23-639. She went over the violations
and notes of same stating they are included in the attached documents. She went over the certified
mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per
State Statute, Chapter 162. She mentioned the re -inspections that were made and stated the property
is not in compliance. She requested that Exhibit 1 be entered into the record. Special Magistrate S.
Taylor accepted Exhibit 1 into the record.
Special Magistrate S. Taylor asked if the pictures were accurate and a true depiction of the property.
Code Enforcement Officer Deborah Lawson stated that they were. He noted the fence surrounding
the property. Code Enforcement Officer Deborah Lawson mentioned that the business does not
have a permit, but the owner is working on obtaining a license.
Special Magistrate S. Taylor said he finds there is a violation of the noted codes, as presented. He
noted the exterior, debris, tires, abandoned vehicles, exterior walls and doors that are not
maintained.
Mr. Applewhite entered the Chambers and was sworn in at 5:49 p.m.
Special Magistrate S. Taylor went over the case findings with Mr. Applewhite. Mr. Applewhite
stated he applied for the permits today. Mr. Applewhite started the work but has undergone health
issues and asked for time to complete the work. He has had problems with vandalism, as well. He
hopes to install a better camera system. Special Magistrate S. Taylor mentioned the overhang
issues, and Mr. Applewhite said he needs 45 to 60 days to complete the repairs.
Special Magistrate S. Taylor made the following recommendation: That on or before 90 days, Mr.
Applewhite needs to bring the property into compliance, the $250 administrative fee is waived, and
if the property is not brought into compliance within 90 days, a $250 a day fine be assessed. 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. Case 23-663
Special Magistrate Samuel Taylor opened Case 23-663, 128 N. Savage, stating the owners listed are
360 Da Investment Corp. The owner is not present.
Code Enforcement Officer Deborah Lawson presented Case 23-663. She went over the violations
and notes of same stating they are included in the attached documents. She went over the certified
mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per
State Statute, Chapter 162. She requested that Exhibit 2 be entered into the record. Special
Magistrate S. Taylor accepted Exhibit 2 into the record.
Code Enforcement Officer Deborah Lawson clarified the property next to the property was built on
118 and around 128 adding the owners are not the same.
Special Magistrate S. Taylor asked questions regarding the fencing and possible running of a
business. He went over the violations he found.
Special Magistrate S. Taylor made the following recommendation: That on or before 30 days, the
$250 administrative fee is to be paid, and if the property is not brought into compliance within 30
days, a $250 a day fine be assessed. 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. Case 23-886
Special Magistrate Samuel Taylor opened Case 23-886, 118 N. Savage, stating the owner listed is
Aldair V. Da Silva. The owner was not present.
Deborah Lawson, Code Enforcement Officer, presented Case 23-886. She went over the violations
and notes of same stating they are included in the attached documents. She went over the certified
mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per
State Statute, Chapter 162. She mentioned the re -inspections were done and the property is still not
in compliance. She requested that Exhibit 3 be entered into the record. Special Magistrate S. Taylor
accepted Exhibit 3 into the record.
Special Magistrate S. Taylor asked about the permit requested, however, Code Enforcement Officer
Deborah Lawson said the site plan was not submitted correctly, so the parcel is non -compliant, as it
does not comply with Code. She added the Building official made a recommendation which is in
the attached documents.
Special Magistrate S. Taylor then made the following recommendation: That on or before 30 days
the $250 administrative fee is to be paid, and if the property is not brought into compliance within
30 days, a $250 a day fine will be assessed.
4.4. Case 23-933
Special Magistrate Samuel Taylor opened Case 23-933, 111 Trailwood Lane, stating the owner
listed are the heirs of Marques A. Wilmer, Jr. The owner was not present.
Maddie Tatom, Code Enforcement Officer, presented Case 23-933. She went over the violations and
notes of same stating they are included in the attached documents. She went over the certified
mailings, postings at subject property and City Hall, as well as the Notice of Public Hearing, as per
State Statute, Chapter 162. She noted the overgrown vegetation. She noted the re -inspections
adding the property is not in compliance. She requested that Exhibit 4 be entered into the record.
Special Magistrate S. Taylor accepted Exhibit 4 into the record. She mentioned the daughter does
not want the property and stated the property will go into foreclosure.
Special Magistrate S. Taylor made the following recommendation: 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 within 30 days, a $250 a day fine be assessed.
4.6. Case 23 557 Removed from the docket.
4.7. Case 23 856 Removed from the docket.
5 Adjournment
Special Magistrate S. Taylor adjourned the Hearing at 6:15 p.m.
Submitted by,
Mru-anne • c = der, City Clerk
Prop& non. e ha ing been duly given