The first appeal of a civil penalty under Henderson’s city code has been rejected.
City Manager Eric Williams sent out a three-paragraph letter with Sunday’s date to share his decision on 1002 Standish St.: He upheld Code Compliance Director Corey Williams’ decision to penalize owner K&R Associates for maintaining an abandoned, dilapidated at that address.
“I have determined that his action was fully justified and, therefore, the schedule of corrective action, along with the prescribed civil penalties associated therewith, are upheld and continue to be in full force and effect as of the date of this letter,” the city manager wrote.
“This is not a test case” for the ordinance, Corey Williams said; it’s just the first case.
The city has worked to get the Standish Street house renovated or torn down since September 2003, when the Planning Department first sent a courtesy letter on the violations to K&R’s Charlie Keeter and Al Rivers. Along the way, the City Council has ordered the house demolished and granted a couple of stays to allow K&R to renovate the building.
On April 11, Corey Williams slapped a civil penalty on the owners. He acted under the civil-penalties ordinance that the council passed last spring and that went into effect in August. Among other possible violations and penalties, the ordinance establishes a $500 penalty for the failure to remove or demolish a dilapidated structure. The penalty rises by $10 per day, to a maximum of $4,500.
There’s a three-day waiting period to allow the owners to make corrections, so the penalty has grown by $10 a day since April 15. That puts the total over $800.
Keeter notified the city of K&R’s appeal on April 20, and Eric Williams scheduled the first appeal of a city civil penalty for last Thursday at 11 a.m.
It was a one-sided affair. Keeter said he was supposed to attend the hearing at the Municipal Building, but he was tied up in a meeting. As a result, Corey Williams offered the only testimony, and the hearing lasted only 10 minutes.
The city manager had paid a visit to the house, and in his letter ruling on the appeal, he said he considered Keeter’s written statement that “there is no longer any structural damage to the porch and no safety hazard on the property therefore the civil penalty is unwarranted.”
The penalty will grow until K&R fixes the house or it is torn down. If the city pays for the demolition, that cost will become a lien against the property; the civil penalty is separate and is enforceable through court action.
The only appeal of Eric Williams’ decision also is to civil court. K&R has 10 days to file an appeal, but Keeter said Monday that he and Rivers haven’t made that decision.
“We’re going to do whatever we need to do to protect our property,” Keeter said.
He left a phone message with the city manager Thursday afternoon and had not received a reply by 4 p.m. Monday, so Keeter said he was likely to try e-mail to engage Williams in conversation.
At the Municipal Building on Monday afternoon, Williams said his letter spoke for itself.3510i nokia ringtoneringtones 3733ringtones nokia 3560agent arringtons3560 nokia ringtone7710 nokia ringtoneringtone com alltelnokia absolutely ringtones for free Map