Bay County magistrate denies stay request, orders demolitions and fines across multiple properties

The Bay County special magistrate on Sept. 17 denied a motion to stay demolition at 1734 Buchanan Street, authorized county abatement or demolition of unsafe primary structures at multiple parcels and imposed fines for code violations, while closing several cases found to be back in compliance.

The magistrate said he would “call her the intervener” and denied the request to stay demolition at 1734 Buchanan Street, finding that prior enforcement and the state of the property weighed against relief. “The intervener based on today's hearing has failed to demonstrate good cause to stay the demolition,” the magistrate said.

The ruling follows testimony from Bay County code enforcement and building department staff that several properties remain unfit or unsafe despite earlier orders. Inspector Scott Thorpe, Bay County Building/Code Enforcement, introduced photographs and permit records across multiple dockets and described collapsed roofs, unpermitted additions and uncompleted demolition permits at properties brought before the magistrate.

Why it matters: the magistrate's orders authorize the county to enter properties and contract for abatement or demolition; costs of abatement will be assessed as liens against the properties under the county's collection procedures. That can trigger county-funded demolition on properties where owners do not or cannot correct violations, with costs passed to the owners.

Key outcomes and excerpts

- 1734 Buchanan Street: The magistrate denied a motion to stay demolition brought by an intervener who had recently been appointed personal representative for the estate. Attorney Travis Tarpey argued the intervener had obtained letters appointing a personal representative and was preparing site plans and contractor work, but the magistrate found the property posed a continuing health and safety risk and denied the stay. The magistrate said: “...the premises pose a serious threat to the health and safety of the neighborhood.” The record shows an asbestos inspection had been completed and a prior demolition mobilization had been paused after the stay request was filed; foreclosure proceedings and outstanding indebtedness (noted in the hearing record) were also discussed.

- 4113 Rainforest Road: Owner Vicky Perkins testified she hired a contractor and had demolition permits for attached porches but had not obtained engineering or permits to return the manufactured home to a single-family condition. The magistrate found the primary structure remained out of compliance, imposed a $500 fine and authorized the county to abate or demolish the primary structure if permitting and corrective plans were not submitted. The magistrate also ordered the owner to remove junk, trash and overgrowth within 10 days and set a compliance hearing; he noted removing debris would reduce eventual abatement costs passed to the owner. Perkins said she had someone “working day and night” to remove additions but also said a foreclosure and eviction process was underway.

- 12206 Edgewood Road: Inspector Thorpe testified the property remained in violation despite prior order; the magistrate authorized county abatement and assessed a $1,000 fine. Thorpe said a special survey and a pre-bid inspection had been conducted and a winning bidder had been identified.

- 19933 Timbercrest Road: Thorpe described a collapsed metal-frame accessory building and ongoing junk/overgrowth. The magistrate authorized county abatement, imposed a $200 initial fine for junk/overgrowth with a $25 daily fine for 20 days, and a $1,000 fine if the unfit structure portion was not corrected within 30 days.

- 3937 Cedar Bluff Road: Thorpe reported holes in the roof and collapsed porch on a double-wide mobile home; the magistrate authorized county abatement and imposed a $1,000 fine for failure to comply with an Aug. 13 order.

- 4234 Bayline Avenue: Investigator Robert Clarkson testified that after demolition of an unfit structure the owner left building materials on site; the magistrate found the owner failed to comply and imposed a $200 initial fine plus $25 daily fine for up to 20 days, and authorized the county to abate remaining debris.

- 2535 (transcript: “253525”) Thirteenth Street (recreational vehicle/derelict vehicle case): Clarkson testified the RV had been removed but junk, trash and debris remained; the magistrate imposed a $25 daily fine and authorized county abatement if violations persisted.

- 209 El Raposo Place: Inspector Thorpe presented photographs showing derelict-vehicle tags current; the magistrate found the property had been brought into compliance and closed the case.

Other procedural notes from the hearing

- For properties where the magistrate authorized county abatement or demolition, he repeatedly noted that all abatement costs “will be assessed against the premises” and constitute liens under the county's collection procedures. He told owners that voluntarily cleaning up debris would reduce the county's abatement costs and therefore the amount ultimately charged to property owners.

- Several respondents did not appear at prior hearings; the magistrate said orders from Aug. 13 and other dates had given property owners time to comply before authorizing county action.

- Attorneys and representatives for respondents described recent engagement (letters of administration, appointment of personal representative, contractor retention) but the magistrate repeatedly cited prior enforcement history, the condition of the premises and expiration of appeal periods in denying relief or authorizing abatement.

Ending

The magistrate closed some files where compliance was shown and set at least one follow-up compliance hearing for properties with outstanding trash, debris or incomplete demolition work. Where the county is authorized to abate or demolish, the next administrative steps will be scheduling contractor mobilization and final cost assessment; the hearing record notes some mobilizations had already been planned before stays or interventions were filed.