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Bay County magistrate authorizes demolition authority for Sherman Avenue mobile home; fines and liens assessed in three other cases

3100374 · April 23, 2025
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Summary

A Bay County special magistrate on March 19, 2025 found a mobile home at 2300 Sherman Avenue, Lot 51, to be unfit and unsafe and gave the owner 30 days to correct the violations or allow the county to enter and abate, including possible demolition.

A Bay County special magistrate on March 19, 2025 found a mobile home at 2300 Sherman Avenue, Lot 51, to be unfit and unsafe and ordered that the owner have 30 days to bring the structure into compliance or allow the county to enter the property and abate violations, including demolition if necessary.

The magistrate, identified in the hearing transcript as "K.", said, "I'm gonna find you in non compliance at the present time," and set the 30‑day period for remedial work. The magistrate directed that if the condition persists the county is authorized to perform pre‑bid inspections (including asbestos surveys), permit contractors to enter to bid and, if required, demolish the structure; all costs of abatement would become a lien against any real or personal property owned by the respondent in Bay County.

The respondent at 2300 Sherman Avenue, identified in the record as Daniel Marlowe Jr., told the hearing he has been living in the trailer for about eight years and described attempts to secure permits and make repairs. Marlowe said he had replaced rotted wood and added insulation but acknowledged he lacked permits. He told the magistrate, "You're gonna demolition my house... You're telling me ... to throw me out on the streets," and said he is trying to comply but could not obtain original manufacturer specifications for the 2002 trailer.

Inspector Thorpe of Bay County code enforcement presented photographs and inspection history showing ongoing structural deterioration, missing or rotted studs, sealed (non‑egress) windows with plexiglass, exposed underlayment, and standing water in a bathroom. The magistrate specifically cited deficiencies that could create electrical and fire hazards and the lack of required design specifications or permits for repairs as reasons for finding the structure unsafe.

The magistrate noted the respondent retains the right to appeal the order and said the appeal period is 30 days.

Three other properties were addressed at the same hearing:

- 7127 Brandywine Drive: Bay County code enforcement investigator Robert Clarkson recounted a multi‑year compliance history in which the owner had previously relied on tarps after storm damage and later completed a roof replacement. The magistrate reduced accumulated fines and interest and ordered a single total payment of $500, including accrued interest. Property owner Timothy James Buckley said he expected to make payment soon and told the magistrate, "I won't receive my next check until tomorrow, so I can probably do that Friday." The record shows an earlier initial fine of $200 and a daily $25 assessment that began in mid‑2024; the magistrate exercised discretion to reduce the total assessed amount.

- 6422 Rogers Drive (Youngstown): Code enforcement reported the property had been brought into compliance with the first order. The magistrate found the property in compliance and that no further proceedings were necessary.

- 3814 East Third Street: The magistrate found prior orders and notices were sent but not claimed by the owner; the county contracted to abate the nuisance at a cost of $1,249. The magistrate ordered the respondent to pay the abatement cost, which will accrue interest at the statutory rate from the date of recording and will constitute a lien against the property and any other real or personal property owned by the respondent in Bay County.

The magistrate's orders for abatement, lien recording, and assessment of costs follow the authority cited in the proceedings, including Bay County Code section 17‑2 (prohibitions related to unsafe or blighted structures) and the county's assessment/collection authority (referenced in the hearing as the county's form assessment/collection provisions, chapter 21).