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Council weighs civil action after homeowner placed patio in right‑of‑way without permit on Woodward Avenue
Summary
Members of the planning and development committee discussed a special‑use permit request for 37 and 37½ Woodward Avenue and agreed to pursue enforcement options after witnesses said the owner installed a patio and a curb in the right‑of‑way despite code office warnings; the law director will be asked to file civil action under an ordinance.
Athens councilors on the Planning and Development Committee Monday discussed a property where a recent front‑yard patio was constructed partially over the public right‑of‑way without required approvals. Committee members said code enforcement had previously told the owner to stop work, but the patio — and a curb feature — went forward.
Chair Swank summarized the history: the property has a nonconforming parking pad and replacement of the front yard with concrete led neighbors to complain during construction. Swank said the administration and law director reviewed options, including bringing the matter directly to council for ordinance action or directing the law director to file civil action to require removal or remediation.
Why it matters: committee members framed the item as precedent‑setting. Several members said they are concerned about repeated instances of property owners beginning work without permits and then asking for forgiveness later. Committee members favored stronger enforcement to discourage similar violations.
What committee members and residents said
Committee members described conversations with the code office and the street department, which confirmed it had not done curb work at the site. A neighborhood speaker recounted having contacted city code staff while construction was underway and being told the owner must apply for a permit.
Committee members discussed two options: fast‑track the issue through the ordinance process and vote at council or authorize the law director to file civil suit to enforce code. Multiple committee members supported directing the law director to pursue civil action; the mayor and others asked staff to draft a first reading ordinance instructing the law director to proceed.
Next steps
Council staff said they would prepare an ordinance directing the law director to file a civil enforcement action; the committee recommended placing the item on next week’s council agenda for first reading. The committee emphasized the goal of ensuring compliance and avoiding repeated post‑construction requests for retroactive approvals.
Ending
The committee will consider the drafted ordinance at the next meeting cycle; the law director will proceed if council approves the draft ordinance.
