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Contract purchaser asks for survey time after county finds fence and overgrowth violations
Summary
Magistrate ordered the property at 6272 30th Street N to be brought into compliance (fence and trash/overgrowth), setting deadlines and $100/day fines; contract purchaser James Kasper requested time for a survey to determine fence ownership.
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Special Magistrate Jeff Fuller found violations for a collapsing block wall and a leaning wooden fence and ordered the property at 6272 30th Street North to be brought into compliance within 60 days.
Senior Officer Eric Jewett presented records and photos showing a leaning fence, collapsed block-wall sections and excessive overgrowth. He told the magistrate the violations dated to Feb. 27, 2024 and entered composite exhibits A and B into evidence. James Kasper, the contract purchaser and a state-certified builder, said he had mowed and cleared overgrowth and hired Schimp & Associates to survey the property; he asked for 90 days to await the survey so he could determine whether the fence belonged to the respondent. Kasper said, “We’ve hired… a property survey…and as soon as we have results… we’ll start taking care of the wall and the fence.”
Fuller said the county relies on property-appraiser maps and GIS to assess lines and acknowledged he did not want to order removal of another owner’s fence. Relying on the aerial and appraiser information, Fuller found a violation of code section 138.3703 (fence maintenance) and set a 60-day compliance deadline (10/11/2024 at 5 p.m.), and likewise ordered compliance for trash/overgrowth under 58-3-04 with the same deadline; fines of $100 per day will apply if not corrected. Fuller advised Kasper to work with Officer Jewett and to file a request if more time is needed.
