CE 10/08/2015 Minutes - Laserfiche WebLink

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The Special Magistrate asked Mr. Chappell if his testimony was that he was still running a business at 214 N Griffin Drive. Mr. Chappell stated he hadn't turned a profit and is in the hole, as well as not being able to function due to medication. The Special Magistrate asked the City to explain what was needed. Mr. Bauer explained what was needed to come into compliance. The fee for the license is $ 121.37, then $250.00 that has already been assessed. The property owner is risking being assessed another $250.00 if no compliance by 10/30/2015. Brenda Jones, recording Secretary advised the $250.00 was assessed on April 1, 2015. Mr. Bauer advised a payment plan could be set up for Mr. Chappell. The Special Magistrate asked how a payment plan would be set up for a State assessed penalty. Mr. Bauer advised that the City would collect the money and then pay the State. Mr. Chappell stated he had not been able to work; he wants to pay but needs more time. Mr. Bauer stated that the City has made its position clear and has generated the October 15ffi date and the Magistrate has the power to extend mercy if decides, by extending additional time. FINDING OF FACT: The Special Magistrate made a fording based on testimony and evidence. The property is delinquent as there is no property (business) tax receipt, there has not been for over a year. There is one from the previous year and the current fiscal year. There is undisputed testimony that there is a business running out of the property. There are mitigating factors in regard to the owner's ability to pay. The fact is that to run a business out of the property there needs to be a business tax receipt. The choices are to pay (the BTR) of stop running the business, it doesn't matter if there is a profit made or not. It was found that there is a violation of City Code 26.44, local business tax receipt at 214 N Griffin Dr. It was ordered that the violation be corrected by November 15, 2015 or a fine of $75.00 per day be assessed for each day after November 15, 2015. REDUCTION REQUESTS Roof maintenance, ULDR Section 3 -10.3 • CE -14 -01314 480 S Triplet Lake Dr Nathan Johnson Code Compliance Officer, read the case history, current lien amount, $750; Administrative cost, $238.19 (paid); Requested reduction amount; to fees already paid. This City recommended this request be denied, due to repairs exceeding the compliance date imposed by the Special Magistrate of July 25, 2015. The repairs were completed on August 24, 2015 Sam Battistone, 480 S Triplet Lake Dr, stated that when he first spoke about this, the house is 80 years old and there are no plans that can be used to work off of. The damage was much more that originally suspected, then additional work was done that wasn't in the permit. A second permit was then obtained and it did run long. Mr. Battistone stated that when he first spoke with Nathan, he was advised there should be no problem getting an extension but then found that he could not because it already in front of the Special Magistrate. Mr. Battistone advised that due to the road closure Mr. Johnson did have to walk to his home for inspections and that that time would need to be paid for. Mr. Johnson advised that he did make several visits to the property. The City's position was that at the original meeting the City acted in good faith and since a 6 month permit was obtained, a 6 month compliance was given. The compliance date came and went, as well as the permit expiring. 2 1 P a g e