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Magistrate declines to issue orders in two recently corrected repeat-violation cases
Summary
Two properties cited as repeat violators were found in compliance at inspection; the magistrate declined to issue orders but advised staff to provide prior violation records if the issue recurs.
Special Magistrate Stephanie Marchman declined to issue orders in two code-enforcement cases (cases 5 and 6) after city staff reported the properties had been cleaned up before the hearing but noted both are repeat violators.
City staff said the properties had been cleaned up but that prior notices and prior orders were not included in the hearing packet, making it difficult to find prior enforcement actions. The magistrate said she could not make a formal finding of a repeat violation without the prior order on the record and advised staff to include prior findings and photographs in future filings.
Because both properties were in compliance at the time of inspection, Marchman did not issue orders. Staff was instructed to provide prior notices and photographic records at the next hearing if the violations reoccur so the magistrate can consider repeat violator findings and potential penalties.
