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Potential buyer withdraws after finding unsafe conditions; magistrate imposes $250 fine
Summary
A potential buyer, Mitchell Johnson, said his contract on a property under code enforcement was pending cancellation after discovering the home to be in an unlivable, unsafe state; the magistrate imposed a $250 fine and confirmed the county may abate violations regardless of a sales contract.
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A potential buyer, Mitchell Johnson, participated by phone and said his contract to purchase a house under active code enforcement was being canceled after his inspection revealed the property to be essentially condemned and unsafe. "I can't take on this responsibility," Johnson said; he said his final offer was $100,000 and that he was prepared to walk away if the seller would not accept the terms.
Code enforcement testimony summarized prior magistrate findings, a previously ordered engineering requirement for storm‑damage cases and that the property had remained in violation after reinspections. Staff told the magistrate they had received a lien search request and communications with title and realty representatives; photographs introduced at hearings showed ongoing structural and overgrowth problems.
After hearing the updates, Magistrate Bill Lewis directed that the fine contemplated in earlier orders be imposed and stated county authority to abate violations is not impeded by an existing sales contract. "The code enforcement or any contractor hired by the county is authorized to enter upon the property and abate any and all violations identified in the order," Lewis said.
The magistrate imposed an initial fine that had been discussed previously and advised that the costs of abatement and fines would be subject to final hearing and recording as liens on the respondent's property. Johnson said he appreciated the hearing and the clarity the staff provided but that he could not proceed with the purchase under the current circumstances.
Provenance: Topic opened at SEG 1564 and concluded at SEG 1899.
