East Ridge housing commission gives owner 28 days to clean up Millborough Circle property

The East Ridge Housing Commission voted unanimously to require the owner of 1440 Millborough Circle to bring the exterior of the property into compliance within 28 days or face city-contracted cleanup and a lien on the parcel.

The action came after neighbors filed repeated complaints about debris and disabled vehicles at the property and code enforcement staff said earlier attempts to serve citations by certified mail had not produced a signed return receipt. "That's the sum of it," said Ms. Torrey, the commission's code enforcement representative. "We have tried to go through the administrative hearing process to get it resolved. I think we've gotten not compliance but we've gotten a response out of the property owner maybe once."

Why it matters: Commission members said the property has created an ongoing nuisance for nearby residents and that the commission's authority includes ordering cleanup and attaching the cost as a lien if the owner does not comply. Chairperson Davis told the resident who appeared on the owner's behalf that the commission will put cleanup bids out and attach costs to the property if the owner fails to act.

Code enforcement account and timeline Code enforcement staff told the commission they had attempted service about six or seven times and had posted a notice on the property on Feb. 7. Ms. Torrey said the usual process for moving a case to the Administrative Hearing Officer requires evidence of proper service — typically a certified mailing with a signed return receipt — which staff did not always receive. "When we send a citation or the code enforcement officer send citations, they send it with a return receipt, and a certified green card on the back. So if we don't get that back and it's signed, they can't take it in front of the administrative hearing officer," she said.

A woman who said she was dating the owner, identified in the record as a resident/representative, told the commission that the owner, Joshua Shadwick, had been arrested and could be detained for about two weeks. She said friends and others were working to clean the yard but that access problems and an occupant she called the ex-girlfriend were hindering the work. "He was arrested yesterday, so he can't be here. And we're working on cleaning up the property, like, right now," the resident said.

Appeals and next steps Staff explained the commission's timeline for compliance and appeals: the housing commission issues require a minimum 10-day cure period, and staff generally allow time for the appeal window (noting that case law may allow longer appeal periods in some instances). The commission set a 28-day compliance deadline to coincide with its next meeting; the owner or a representative was instructed to appear at the March 12 meeting to confirm compliance.

If the property is not cleaned by the deadline, the commission voted to authorize staff to solicit bids to perform the cleanup and to place the cleanup cost as a lien against the property. "It has to be cleaned up before our next meeting or we will get bids and get it done," Chairperson Davis said. "...and then whatever cost gets attached to the property as a lien against the property."

Votes at the meeting The commission recorded the motion to require cleanup and to authorize city-contracted work and liening if unresolved. The motion passed on a roll-call vote with all voting members recorded as yes.

Context and related items During the same meeting the commission also approved minutes from Jan. 8 and from an emergency meeting on Feb. 5; the Feb. 5 minutes were approved with one abstention. Commission members briefly discussed follow-up inspections on other problem rental properties and a unit that had been condemned following repairs and sanitation work.

The commission asked the resident representing the owner to share contact information for the owner and to coordinate with Ms. Torry and Ms. Holden (code enforcement) to verify progress ahead of the March 12 meeting.