HEARING HELD ON TUESDAY MARCH 14, 2018 AT 9:22 A.M. AT THE BENTON CITY HALL CONCERNING A NOTICE TO ABATE FOR NUISANCE UNDER CHAPTER 25 OF THE CITY OF BENTON REVISED CODE OF ORDINANCE. UNDER 25-1-4 THE INDIVIDUAL HAS AN OPPORTUNITY TO REQUEST A HEARING INDICATING WHY HE BELIEVES THERE IS NOT A NUISANCE. DAVID GARAVALIA HAS PROVIDED A LETTER ALONG WITH DOCUMENTATION REGARDING WHAT HE SAW DATED FEBRUARY 26, 2018. MR. GARAVALIA STATED THAT AT ON FEBRUARY 23, 2018 THERE WAS A COMPLAINT FILED ON TALK BENTON ON FACEBOOK REGARDING THE 300 BLOCK OF WILSON STREET. MR. GARAVALIA STATED THAT THE OWNER IS PATRICIA CANTRELL AND THIS PROPERTY IS BEING PURCHASED BY DAVID BRUCE CONTRACT FOR DEED. PICTURES OF THE PROPERTY FROM THAT DATE WERE SUBMITTED TO ATTORNEY MALKOVICH. MR. GARAVALIA STATED THAT HE TOLD MR. BRUCE HE HAD FIFTEEN (15) DAYS FROM THE DATE ON THE LETTER TO CLEAN UP THE PROPERTY.
ATTORNEY MALKOVICH STATED THAT HE HAD BEEN DESIGNATED BY THE POLICE CHIEF TO CONDUCT THIS HEARING. HE STATED THAT HE UNDERSTOOD THAT MR. BRUCE WAS IN THE PROCESS OF PURCHASING THE PIECE OF PROPERTY IN QUESTION. MR. BRUCE CONFIRMED THIS WAS TRUE. ATTORNEY MALKOVICH STATED THAT FROM THE PICTURES THAT WERE SUBMITTED THERE APPEARED TO BE A CAMPER, SOME TRAILERS WITH DIFFERENT ITEMS, MULTIPLE APPLIANCES, A CAR WITH NO TIRES, A CARPORT WITH ITEMS UNDER IT, SOME LAWNMOWERS, AND SOME TABLES. MR. BRUCE STATED THIS ACCURATELY DEPICTS THIS PROPERTY AND THAT HE IS THE OWNER OF ALL OF THOSE PERSONAL ITEMS. ATTORNEY MALKOVICH ASKED MR. BRUCE IF HE HAD RECEIVED A LETTER FROM MR. GARAVALIA STATING THERE WAS A NUISANCE VIOLATION AND A LETTER TO ABATE AS WELL AS A LETTER GRANTING THE HEARING THAT MR. BRUCE HAD REQUESTED. MR. BRUCE CONFIRMED THAT THESE STATEMENTS WERE CORRECT.
ATTORNEY MALKOVICH STATED THAT HE WOULD LIKE MR. BRUCE TO STATE WHY HE FEELS THERE IS NOT A NUISANCE AT THIS PROPERTY. MR. BRUCE STATED THAT THE LETTER STATED THERE ARE TWO (2) INOPERABLE MOTOR VEHICLES AND HE DOES NOT AGREE WITH THIS STATEMENT. MR. BRUCE STATED THAT THE CAR WAS PLACED THERE ON THE 8TH OF FEBRUARY. HE STATED THAT HE IS REPLACING THE BRAKES ON THIS CAR AS HE IS A CERTIFIED MECHANIC. MR. BRUCE STATED THAT HE HAS THE RIGHT TO WORK ON HIS OWN VEHICLE ON HIS OWN PROPERTY WITH NO TIME LIMIT. MR. BRUCE STATED THAT HE IS REPLACING THE BRAKES, THE WHEEL BEARINGS, BRAND NEW GAS TANK AND INPUT, TWO BRAND NEW SHOCKS ON FRONT AND WILL BE PUTTING NEW SHOCKS ON THE REAR. MR. BRUCE STATED THAT THIS CAR IS A CLASSIC AS IT IS 34 YEARS OLD AND THAT IT IS IN REAL GOOD CONDITION, NO BURNS OR TEARS IN THE SEATS AND THE VINYL TOP IS PERFECT. MR. BRUCE STATED THAT HE HAS PLANS TO HAVE RED TALLEY DETAIL THE CAR BEFORE HE GETS IT BACK ON THE ROAD. MR. BRUCE STATED THAT THERE WAS NOTHING WRONG WITH THE BRAKES, HE JUST WANTED TO CHANGE THEM AND THAT IS WHY THE CAR IS ON BLOCKS. MR. BRUCE ALSO STATED THAT THE CAMPER IS NOT A MOTOR VEHICLE, IT IS A PULL CAMPER THAT HE EQUATED TO BEING THE SAME AS THE BUILDING BEHIND CITY HALL. MR. BRUCE STATED THAT HE IS IN THE PROCESS OF CUTTING A TREE DOWN ON THE PROPERTY AS WELL. MR. BRUCE STATED HE HAS BEEN WORKING ALL WINTER CLEANING THE TREES UP AND THAT HE WILL CLEAN UP THE PVC PIPE AS WELL. MR. BRUCE STATED THAT HE IS ON DISABILITY AND THEREFORE HAS A LIMITED INCOME. HE STATED THAT GETTING THE TREE CUT DOWN COST HIM $750.00 AND GETTING THE LOGS TAKEN CARE OF COST $200.00. MR. BRUCE STATED THAT THE SMALL ITEMS ARE LAYING ON SHEET METAL OR PLYWOOD AND THAT THE TRAILERS CONTAIN ITEMS THAT HE WILL RECYCLE. MR. BRUCE STATED THAT HE IS A CERTIFIED MECHANIC AND A CERTIFIED WELDER AS WELL. THE CAMPER WILL BE FIXED AND HE SUBMITTED A RECEIPT FOR TWO BRAND NEW TIRES. MR. BRUCE STATED HE HAD BEEN EXPECTING TO HEAR FROM THE CITY AS HE HAS NOT HAD TIME TO CLEAN IT UP.
MR. BRUCE STATED THAT THE CAR HAS BEEN PUT ON HIS INSURANCE AS OF LAST MONDAY. MR. BRUCE STATED THAT HE IS WORKING ON THE CAR BECAUSE HE WANTS TO, NOT BECAUSE IT HAD TO BE DONE. MR. BRUCE STATED AGAIN THAT HE IS DISABLED AND IF NEEDED, HE WILL GO TO THE SOCIAL SECURITY OFFICE AND GET AN ATTORNEY FOR THE DISABLED.
ATTORNEY MALKOVICH ASKED HOW LONG MR. BRUCE HAD OWNED THIS COLLECTOR’S CLASSIC CAR. MR. BRUCE STATED THAT HE PURCHASED THE VEHICLE ON FEBRUARY 8, 2018 AND THAT THE TITLE WAS TRANSFERRED THE FIRST OF MARCH. MR. BRUCE STATED THAT HE PURCHASED IT FROM MRS. WALLACE IN ZIEGLER AFTER HER HUSBAND PASSED AWAY. ATTORNEY MALKOVICH ASKED IF MR. BRUCE DROVE THE CAR BACK TO BENTON AS HE STATED THAT THE CAR WAS OPERABLE. MR. BRUCE STATED THAT THE CAR WAS TOWED AS HE COULD NOT DRIVE TWO CARS BACK TO BENTON. ATTORNEY MALKOVICH ASKED IF MRS. WALLACE WOULD TESTIFY THAT THE VEHICLE WAS OPERABLE. MR. BRUCE STATED THAT HE DID NOT KNOW THE ANSWER TO THAT. MR. BRUCE ALSO QUESTIONED AS TO WHY ATTORNEY MALKOVICH WAS PUSHING HIM. MR. BRUCE STATED THAT HE WOULD BE TALKING TO HIS ATTORNEY AND WOULD LIKE TO STOP THE PROCEEDINGS.
THE HEARING CONCLUDED WITH MR. BRUCE WALKING OUT AT 9:37 A.M.
