CONTINUED MEETING HELD ON THURSDAY MARCH 29, 2018 AT 8:30 A.M. AT THE BENTON CITY HALL. ROLL WAS TAKEN. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, AND MAYOR KONDRITZ WERE PRESENT. COMMISSIONER BAUMGARTE WAS ABSENT. THIS MEETING WAS CONTINUED REGARDING HEARING AN APPEAL ON A NOTICE TO ABATE FOR NUISANCE UNDER CHAPTER 25 OF THE CITY OF BENTON REVISED CODE OF ORDINANCE. UNDER 25-1-5 THE INDIVIDUAL HAS A RIGHT TO APPEAR THE HEARING DECISION TO THE CITY COUNCIL.
ATTORNEY MALKOVICH STATED THAT THE CITY OF BENTON RECEIVED A VERBAL APPEARANCE NOTICE FROM MR. DAVID BRUCE AT 8:00 A.M. ON MARCH 29, 2018. THE NOTICE FROM MR. BRUCE STATED THAT HE WOULD SUBMIT THE VERBAL APPEARANCE RATHER THAN PHYSICALLY APPEAR CONCERNING THE PROPERTY IN QUESTION IN THE 300 BLOCK OF WILSON STREET. MR. BRUCE STATED THAT IMPROVEMENTS HE HAS MADE TO THE PROPERTY SINCE HE PURCHASED SAID PROPERTY. MR. BRUCE ALSO NOTED THAT HE DOES HAVE ITEMS PILED ON THIS PROPERTY THAT HE PLANS TO REMOVE. MR. BRUCE STATED THAT “THIS LETTER HAS BEEN SEALED WITH MY OWN BLOOD, THERE IS PROBABLY ENOUGH THERE TO GET A D.N.A. PROFILE.” MR. BRUCE STATED THAT THE CAR IS LEGAL AND INSURED AND THAT THE TRAILER HAS NEW TIRES AND WILL BE COMPLETELY RESTORED. MR. BRUCE’S LETTER STATED THAT IF THE CITY CONTINUES TO PURSUE THIS ISSUE, HE WILL FILE CHARGES WITH THE ATTORNEY GENERAL. MR. BRUCE’S LETTER AS WELL STATED THAT HE HAS A BLANK COMPLAINT FORM FROM THE A.R.D.C.
AFTER READING THE LETTER FROM MR. BRUCE AND HEARING TESTIMONY FROM CODE ENFORCEMENT OFFICER DAVID GARAVALIA, THE COUNCIL MADE A DECISION ON THE APPEAR. THE COUNCIL STATED THAT MR. BRUCE HAS 60 DAYS FROM TODAY (MARCH 29, 2018) TO CORRECT THE ISSUES IN THE NUISANCE VIOLATION. CODE ENFORCEMENT OFFICER DAVID GARAVALIA STATED THAT HE WOULD CHECK ON THE PROPERTY ONCE A WEEK BETWEEN NOW AND MAY 29, 2018 TO MONITOR PROGRESS. A LETTER WILL BE SENT TO MR. BRUCE WITH THE DECISION.
COMMISSIONER MILLER MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, AND MAYOR KONDRITZ. NAYS: 0.
8:45 A.M.
