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Newport Council authorizes court action on East Main junkyard, tables review of zoning administrators roles

Newport City Council · December 6, 2016
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Summary

Council gave the zoning administrator authority to pursue court action against an unpermitted junkyard on East Main Street and voted to table a separate inquiry into whether the zoning administrators dual roles create a conflict, pending an opinion from the city attorney.

The Newport City Council on Dec. 5 authorized the citys zoning administrator to take legal steps to correct what councilors described as an unpermitted junkyard on East Main Street.

Charlie Elliott, the citys zoning administrator and chair of the planning commission, reported that vehicles and parts have accumulated on the site despite prior notices. Councilor (Speaker 4) moved to give Elliott "the authority to go to the next step of the courts and correcting the violation of these things here," and the motion carried after an aye vote.

Councilors identified landlord Luke Perry and tenant Ryan Cody during the exchange and said enforcement would proceed as a civil zoning matter. Mayor (Speaker 1) said formal zoning violations already had been issued; councilors noted state procedures for proving vehicles have been stationary more than 90 days for some state enforcement paths but that the citys local process can move more quickly.

Separately, several councilors raised concerns that Elliott serves as both zoning administrator and planning commission chair, and some argued that mixing those roles could present a conflict. The council debated whether aspects of the issue are purely policy (public, and therefore not subject to executive session) or personnel (allowed in executive session). After discussion the council voted to table further action and to request a formal opinion from the city attorney at the next meeting.

Why it matters: The enforcement authorization moves the city from warnings to court-led remedies for an ongoing neighborhood blight complaint. The citys decision to seek legal advice about the zoning administrators multiple roles aims to balance transparency with personnel confidentiality.

What comes next: Staff will pursue the court step on the East Main property; the council will ask the city attorney to report back on whether Elliotts dual roles are permitted under state law and what portions of the matter must be handled in public versus in executive session.