Minutes

CODE ENFORCEMENT BOARD

September 27, 2011 at 5:00pm

City Hall Commission Chambers

·  CALL TO ORDER

·  ROLL CALL

BOARD MEMBERS PRESENT: Alice Rockhold, Jack Thomas, Dale Eichelberger, Lyle Parrigin & Jerry Wilder.

STAFF PRESENT: Code Enforcement Board Clerk: Tabitha Joiner, Code Enforcement Coordinator: Alex Colovos, Code Officials: Teddy Webb, Melissa Christerson and Tim Butts.

OTHER: Code Enforcement Board Attorney: David Broderick.

·  APPROVAL OF MINUTES

August 23, 2011 – Eichelberger made a motion to approve the minutes as written. Parrigin seconded the motion, which passed unanimously.

·  COMMENTS / ANNOUNCEMENTS

N/A

·  HEARING AGENDA

Case 2011-2489 – 2042 Quail Run Dr – Respondent: Tony Rhoades – Officer: Teddy Webb

Citation amount: $105.59

Webb explained that this is the second time he has inspected this property for the same violation. There are 5 college students that live in this home. Back in March, Webb inspected the property. I was in violation so a NOV was sent out, and extension was given to the owners, at their request. After the extension time had passed three of the five students had moved out, so the case was closed. When Webb went by this time, the same five students were back, living in the home again. Webb issued a citation and the citation has been appealed.

Rhoades stated that they are requesting that the tenants will be able to stay until the end of the lease, November 30. There is only one tenant on the lease & it is going to be too hard for the students to try & find new residence in the middle of the semester.

Parrigin made a motion to have the tenants out of the home by October 25, 2011 & the fine of $105.59 is to be paid. A $3000.00 fine will be levied on October 26, 2011 if the tenants are not out of the home by October 25, 2011 as well as a per day fine of $100.00 that will run until the tenants have moved. Thomas seconded motion which passed unanimously.

·  PARKING / ANIMAL CONTROL/SMOKING CITATIONS

Case 2011-2299 – Parking Ticket - BG 117156 – Respondent: Clayton Ausbrooks – Officer: Jim Cummings

Citation amount: $25.00

Cummings explained that the vehicle was parked in the fire lane & no one was near the vehicle, so a ticket was issued.

Ausbrooks stated that he was told by the Lowe’s employees that he needed to pull into the fire lane for them to unload his vehicle for him. Ausbrooks was returning an item, & could not unload it himself. While the items were being unloaded from the vehicle, Ausbrooks went inside to return the items at the customer service desk. When he returned to his vehicle the ticket was under his windshield wiper.

Wilder made a motion to uphold the citation & waive the fine. Thomas seconded motion which passed unanimously.

Case 2011-2156 – 1965 Hwy 185 – Respondent: Malcolm Cherry – Officer: Jarrod Poteet

Citation amount: $25.00

Thomas made motion to postpone this appeal until October 25, 2011 meeting. Rockhold seconded motion which passed unanimously.

·  OLD BUSINESS

Case 2010-4235 – 814 Steeplechase Way – Respondent: Susan & Greg Gibson – Code Official: Melissa Christerson

Christerson stated a report was sent to us from David Burton. A copy was provided to the CEB. There is nothing else the Code Enforcement Division can do on this property, so we will be closing this case.

Case 2010-1466 – 1333 Scottsville Road – Respondent: William Davis & Keith Dietz – Code Official: David Herrman

Citation amount - $200.00

Colovos stated that the property is in compliance, everyone has been moved from the property. So we will continue with the motion the CEB made last month, since the property is now in compliance.

·  NEW BUSINESS

Case 2011-2119 – 3075 Scottsville Rd – Respondent: Danny & Vickie Renshaw – Code Official: Teddy Webb

Webb explained that this case was over flags that were placed on the property without being permitted. Webb hand delivered a notice of violation as well as a brochure and when those things were given, he explained everything that they needed to do to comply with the ordinance. When Greenwood Ford didn’t comply, a citation was issued. A total of three citations were issued and with at least two of those citations, Webb went in and went through everything that Greenwood Ford would need to do to comply with the ordinance. They never appealed any citations or complied with the ordinance until 9/26/11.

Colovos added that after talking with the owner of the business as well as their attorney, we are asking the board to uphold the citations and waive the fines. We want to continue to have a good working relationship with businesses in the city.

Thomas asked what would happen if Greenwood Ford put the flags/signs back up after these fines have been waived?

Colovos stated that the next citation will have the maximum fine attached with it because they are at their third citation and then we will then have to come back in front to the CEB.

Rockhold made a motion to uphold the citation & waive the fine.

Parrigin seconded motion which passed unanimously.

Case 2011-2235 – 1270 Kentucky St – Code Official: Teddy Webb – Presented by: Alex Colovos – Intent to Demolish

Thomas made a motion to issue an intent to demolish. Parrigin seconded which passed unanimously.

Case 2011-2237 – 1413 Smallhouse Rd – Code Official: Teddy Webb – Presented by: Alex Colovos – Intent to Demolish

Thomas made a motion to issue an intent to demolish. Parrigin seconded which passed unanimously.

Case 2011-2233 – 1307 Smallhouse Rd – Code Official: Teddy Webb – Presented by: Alex Colovos – Intent to Demolish

Thomas made a motion to issue an intent to demolish. Parrigin seconded which passed unanimously.

·  CONSENT AGENDA

July/August Fees - $2,148.26 - See exhibit A

Case 2010-1483 & Case 2010-2445 – Owner: York Bertha - 1201 Westmeade Dr – Citation & Fees need to be removed due to property has sold at Master Commissioners.

Citation amounts: $155.54

Work Order amounts: $100.00

Eichelberger made a motion to remove the citations and fines on the cases listed. Thomas seconded motion which passed unanimously.

Case 2011-1730 – Owner: Quail Covey Holdings LLC - 1607 Nutwood St – Work Order Fee needs to be removed, the property owner mowed the property before the contractor arrived.

Work order amount: $50.00

Eichelberger made a motion to remove the citations and fines on the case listed. Wilder seconded motion which passed unanimously.

Case 2010-727 – Owner: Long Timothy & Sherre - 1032 Adams St – Citation & Fees need to be removed, property has sold.

Citation amount: $130.54

Eichelberger made a motion to remove the citations and fines on the case listed. Parrigin seconded motion which passed unanimously.

Case 2009-55 – Owner: Allnutt Gregory - 1721 Sharon Dr –Citation & Fees need to be removed, property sold at Master Commissioners.

Citation amount: $246.50

Per Day Fine & Lien Totals: $16,876.00

Eichelberger made a motion to remove the citation and fines on the cases listed. Parrigin seconded motion which passed unanimously.

Case 2009-53 – Owner: Allnutt Gregory & Sandra - 1725 Sharon Dr – Citation & Fees need to be removed, property sold at Master Commissioners.

Citation amount: $235.64

Per Day Fine Totals: $9,150.00

Eichelberger made a motion to remove the citation and fines on the cases listed. Parrigin seconded motion which passed unanimously.

·  ADJOURNMENT

The next scheduled meeting of the CEB will be on Tuesday, October 25, 2011 at 5:00 PM in the Commission Chambers at City Hall 1001 College Street.

ADOPTED: ______

APPROVED: ______

ATTEST: ______

A copy of the DVD can be reviewed upon request.