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CE 10/13/2016 Minutes
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CE 10/13/2016 Minutes
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City Clerk
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City Clerk - Doc Type
Minutes
City Clerk - Date
10/13/2016
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Mark Campbell described photos. <br />Carlos Mike Bauer, part time Lead Code Compliance Officer gave testimony. This case began when a complaint <br />was received for overgrowth on to the sidewalk. <br />The Special Magistrate asked if the property owner was present. The owner was present. <br />Tammy Anders, 313 Secret Way Cir advised that she did not think a standing order was needed on something <br />that can be left to interpretation. She thought 80% cleaned was good and was able to get her sons stroller down. <br />The side one was a little more challenging and it was cleaned up to where she thought it was adequate. <br />Ms. Anders stated she was not aware there was an issue with the fire hydrant being impeded and did not recall <br />reading that in the letters. Once they cleaned up, Ms. Anders though it was adequate. Ms. Anders thought it was <br />misleading that the code and what was said were pretty generic. <br />Mr. Bauer submitted into evidence a letter sent to the owner on September 17, 2014. <br />The Special Magistrate asked if it was brought before him as a case in 2014. The letter has been sent by Public <br />Works. <br />Mr. Bauer added that on June 27, 2016, with regard to the 80% most of the interaction was with Donny, <br />husband of the property. What needed to be done was outlined, to allow for compliance. The sidewalks were <br />walked with Donny who advised that was all he was going to do. It was asked if it was ok if a City crew come <br />in and remedy the situation, Donny said yes. <br />Mr. Bauer advised that the sidewalks need to be free of vegetation. <br />Tammy Anders, 313 Secret Way Cir advised that they are maintaining it to the best of their ability and did not <br />think a standing order was necessary. If the communication is there and given enough notice they would try to <br />comply, the best they can. <br />Mr. Campbell advised that the work that was done was performed by the City Public Works Department; they <br />owners have maintained it since then. <br />The Special Magistrate took note of all photographs and letter dated September 17, 2014. The owner referenced <br />other properties that had problems with obstructing areas of the sidewalk that was not relevant to this case. Part <br />of the issue was safety, safety of other people going through the sidewalk; it needs to be kept clear. This is also <br />a liability issue for the owner. <br />The City is worried about complying with the code and peoples safety. With regard to the letter left in the front <br />yard, the City has to do that. The City has to notify the owner of the potential problem, it's in the laws and why <br />they do it that way. The Right of Way was obstructed and had been a problem in 2014. Given that it took some <br />effort to get this done, found it appropriate to enter a Standing Order to make sure it stays that way <br />Finding of fact -The Special Magistrate made a finding that this case came before the Special Magistrate on <br />October 13, 2016. Based on evidence entered it was found that there was a violation of ULDR Section 3-10.3 C <br />4, obstructing the Public Right of Way. The violation occurred between June 14, 2016 and July 7, 2016, as of <br />October 13, 2016 the property was no longer in violation and was in compliance. A Standing Order was entered <br />2 1 P a g e <br />
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