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Nuisance abatement appeal for 215 South Main tabled after staff says owner paid waiver instead of making repairs

Ainsworth City Council · October 9, 2024
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Summary

Council tabled the nuisance abatement appeal for 215 South Main (Skinnard Motel) after code enforcement reported the owner paid a $50 waiver rather than fixing rotted shingles and window trim; council discussed enforcement limits under Section 99-81 and requested further staff follow-up.

The Ainsworth City Council voted to table a nuisance abatement appeal for 215 South Main — identified in staff notes as the Skinnard Motel, owned by Dusty Hunt of DNK Industries — after code enforcement reported the property remains in violation and the owner paid a waiver fee rather than making repairs.

Kelsey Evans, who presented the enforcement report, summarized the follow-up: “Dusty paid the $50 waiver rather than correct the nuisance ... the roof still has rotted shingles and the trim in the window frames were never fixed.” Evans told council the owner came to the city office and talked with staff but chose the waiver payment option instead of abating the condition.

Council members expressed concern that the current waiver schedule may let property owners repeatedly pay small fees instead of repairing hazards. Members discussed the existing penalty code: Evans read section 99-81 aloud, saying the ordinance provides that a violator “shall be fined not more than $500 for each offense” and that “a new violation shall be deemed to have been committed every 24 hours” of noncompliance. Councilors noted the court process and limitations on enforcement and asked staff and the city attorney to review options for stiffer penalties or alternative enforcement routes, including Board of Health involvement for minimum-housing violations.

Council voted to table the appeal to allow staff to contact the owner, ask him to appear at a future meeting and compile an enforcement timeline. The council requested that code enforcement and the city attorney return with options for changing the waiver schedule or pursuing other enforcement steps if the owner continues to choose fines over repairs.

Next steps: staff will attempt to contact the property owner to request in-person attendance at the next meeting, assemble the violation history and consult with the city attorney and Board of Health about enforcement options.