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Magistrate orders 60-day check-in for Michael Dayton after repeat Baker County code violations

3190758 · April 21, 2025
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Summary

Baker County code enforcement staff presented multiple code violations against Michael Dayton's property at National Forest Road 732; Special Magistrate Geraldine Hart ordered a 60-day review and said rezoning would be required for the property's current use.

Special Magistrate Geraldine Hart ordered a 60-day review of repeat code violations at a property owned by Michael Dayton, after county staff presented multiple alleged violations that county documents say stem from an auto-repair and vehicle-storage operation at 22324 National Forest Road 732 in Sanderson.

County staff told the hearing the case is a repeat offense: a prior enforcement action resulted in a lien placed on the property that expired March 19, 2023. Staff read a list of alleged violations, citing sections recorded in the hearing packet, including "24-144 (no application or approval on a home occupation)," "24-191 (improper zoning)," "24205 (not permissible use zoning)," "24-156 (storage of inoperable vehicles)," "24-139 (unpermitted storage buildings and storage of hazardous materials)," "24-135 (noise and odor)," "24-41 (hazardous waste, nuisance, and pollution)," and informational repeat references to sections "12-25" and "12-27." The packet described a large number of vehicles and discarded objects on the parcel.

Hart told Dayton the property is not zoned for the activity described in staff materials and said he "is going to have to apply for rezoning to be able to have that many vehicles on your property or to do the profession that you're doing." She said the county cannot predetermine whether rezoning would be approved.

Dayton told the magistrate he has stored about "50" vehicles on the property and said the complaint arose after a dispute with a neighboring landowner over rent. County staff indicated a neighbor raised the complaint and named a party variously as James Collins and Rollins in the hearing record; staff said vehicles had been removed from that neighbor's parcel but remained on property between the parcels.

Hart said she could not give Dayton six months to clean the site but would schedule a 60-calendar-day check-in to assess progress. "What I'm going do is I'm gonna give you 60 days for us to check-in, right? Just make sure that there's progress one way or another being made," she said. Hart warned that if staff reported no progress at the 60-day review she would be inclined to impose fines.

Hart advised Dayton that, in the interim, he could seek to apply for rezoning and that certain fixes such as clearing the parcel and removing inoperable vehicles could move the case toward compliance. Dayton noted health issues that may complicate cleanup; Hart acknowledged that and said the county would reassess based on demonstrated progress.

The magistrate set the case for review in 60 calendar days; staff will return to report progress and the magistrate will determine whether to extend time, impose fines, or take other enforcement measures.