Drew Smith, the special magistrate, reduced the penalty sought by the city and ordered a reduced fine for a repeat code violation at 1982 Comsouls Way after reviewing evidence that the landlord-license (business tax receipt) was not in place for a period in May and June.
Everco, listed in the record as the code compliance supervisor presenting on behalf of Code Enforcement Officer Alex Miller, told the magistrate that a tenant requested a housing inspection May 20 and that the property did not have a landlord license at that time. The city’s file showed the property later obtained the landlord license on June 16–18. The city recommended a daily fine for the period out of compliance and requested administrative costs of $254.77.
Magistrate Smith questioned the severity of the total penalty the city requested and noted there was not an associated life-safety inspection tied to the landlord-license process. Smith said he would “cut it in half” given the circumstances and set the penalty at $125 per day for the 27 days the property was out of compliance, explaining he wanted to get the respondent’s attention while being fair. The magistrate also ordered payment of the administrative costs of $254.77 within seven days of the written order.
Smith’s decision treats the matter as a repeat violation deserving sanction but reduces the financial penalty compared with the city’s original request. The record shows the city posted notices and that the defendant was not present at the hearing; the magistrate’s modified sanction reflects his assessment of proportionality given the lack of an inspection-connected life-safety finding.