PH Minutes 2012-05-151
PRATTVILLE CITY COUNCIL
PUBLIC HEARING MINUTES
TUESDAY, MAY 15, 2012
6:04 P.M.
CALL TO ORDER: The Prattville City Council met in public hearing on Tuesday, May 15,
2012 at 6:04 p.m. in the Council Chambers at City Hall. Council President Mike Renegar
called the meeting to order. Roll was called and Councilor Boles was recorded as being absent.
AGENDA
1. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance and Ordering
Their Abatement per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.
(Sponsored By: Councilor Wood)
No one was present to speak in favor of the Resolution.
Julia Rushton, 604 Sunset, spoke in opposition of the Resolution. Ms. Ruston stated that she
received letters in January regarding her property. Ms. Rushton further explained that she
has no grass on her property, only ground cover, wandering jew, asiatic jasmine and monkey
grass near the street. The area around her house has been cleared to allow workers access to
the roof for a roof replacement.
Ms. Rushton stated that she received another letter in March stating her property was
overgrown. She paid to have trees and shrubs removed from the property. She had previously
presented copies of the invoices and pictures of the property to City Clerk Cathy Dickerson to
forward to the City Council.
Council President Renegar asked that the Code Enforcement Officer look at Ms. Rushton’s
property to determine if it is in compliance.
City Planner Joel Duke informed the City Council that the property has been cut to the point
that it meets City Ordinances. There will be no further action taken in this case.
2. APPEAL BY LUNEAL D. SMITH REGARDING DILAPIDATED STRUCTURE
AT 242 WEST SIXTH STREET.
Attorney Myron Smith spoke in favor of the appeal. Mr. Smith’s mother, Luneal Smith, is the
property owner and Mr. Smith spoke on her behalf. Mrs. Smith received notice that the house
was unsafe. Mr. Smith noted that Code Section 11-53b-3 requires that the unsafe conditions
be stated in notices to the owner in order to give the owner an opportunity to correct. The
notice his mother received did not contain a description of the unsafe conditions. This
insufficient notice, with public safety issues not included, is the basis for appeal. Mr. Smith
explained that the house had previously suffered a kitchen fire.
City Planner Joel Duke stated that he was familiar with the statute and his department is
willing to work with Mr. Smith and Mrs. Smith to bring the house into code compliance. The
house does not meet minimum housing codes and is not habitable.
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Mr. Smith added that the house has no structural damage. The house is only fit for storage
and it is not financially feasible to restore it for rental property.
Council President Renegar asked if the City code specifies what needs to be repaired. Mr.
Duke responded that the minimum housing code requires that there be a working bathroom,
running water and a smoke detector. Mr. Duke added they are willing to work with Mrs.
Smith. There is an option to repair the structure. The Planning Departments needs to know if
the structure will remain as is and what the property owners plan to do with it.
Councilor Wood asked the City Attorney if the notices that were sent out were appropriate for
what the City is trying to accomplish. Mr. McDowell responded he will look at what Mr. Smith
has said.
Mr. Smith added that the statute allows the municipality to destroy private property under
certain conditions and facts. He will review the nuts and bolts with the City Attorney.
Councilor Striplin asked if using the structure for storage complies with the current zoning
code. Mr. Smith replied that the house will never be restored and will only be used for
storage. There are other rental houses on the property. This house will be offered to those
renters for storage. He added the house will probably never have electricity or water restored;
no one will live in it again.
Council President Renegar thanked Mr. Smith and Mrs. Smith.
ADJOURN:
There being no further business to come before the council, Councilor Miller made a motion
to adjourn and Council President Pro Tempore Fank seconded the motion. The public hearing
was adjourned at 6:23 p.m.
APPROVED:
___________________________
Cathy Dickerson
City Clerk
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Michael E. Renegar, President
Prattville City Council