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Magistrate gives homeowner extra time to clear yard, set April compliance hearing

2307743 · February 13, 2025
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Summary

Bay County magistrate granted 45 days and moved the compliance hearing to April 10 after code enforcement found overgrowth, debris, an unsafe accessory structure and one derelict vehicle at 2313 Michigan Avenue.

Bay County Special Magistrate Tiffany Sarto on Thursday extended a compliance timeline for the owner of 2313 Michigan Avenue after hearing testimony from county code enforcement and the property owner.

Code enforcement manager Catherine Ashman told the magistrate the county received a complaint May 28, 2024 and investigators documented overgrowth, junk in the front yard, a utility trailer with debris and an accessory structure with a damaged or missing roof. Investigator Robert Clarkson said reinspections through January showed the grass sometimes maintained but debris, a trailer without a visible tag and an inoperable Jeep remained.

Building inspector Scott Thorpe told the magistrate the accessory structure had open electrical boxes, missing roofing and a collapsed roof area that made the structure "unfit, unsafe." Ashman presented a recommended order finding violations of Bay County Code §17-2 and asking the magistrate to require the owner to remove junk and overgrowth, repair or demolish the accessory structure through building permits and inspections, and to allow only one derelict vehicle to remain — otherwise assess a fine and authorize county abatement.

Resident and property owner Terry Keller testified he has been "working on it," said some items were coverings for his wife's plants and said he had a roofer lined up but no firm start date. Keller said the Jeep is insured and tagged but not operable while he sources a gas tank and that hurricane damage removed some paperwork for a trailer title.

Magistrate Sarto said she would allow extra time beyond code enforcement's 30-day request and set the compliance hearing for April 10, 2025, at 1 p.m. She reminded the owner that any roofing work would require a roofing permit and that permits must remain valid and inspections completed or compliance would be considered failed.

The magistrate also instructed the owner to stay in contact with code enforcement about progress and accepted code enforcement's recommended list of actions to bring the property into compliance.

A formal compliance hearing remains scheduled if the work is not completed by the new date.