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Wednesday, May 1, 2024

Stuart City Councilman Cory Kirkpatrick says defining nuisance violations is 'such a huge gray area'

City council

Stuart Council | https://stuartia.com/CITY-COUNCIL/

Stuart Council | https://stuartia.com/CITY-COUNCIL/

The Stuart City Council discussed a proposed nuisance code for the city and, specifically, what it would include, during the board's regular meeting on April 10.

Mayor Dick Cook led off, discussing a proposed nuisance violation and code enforcement contract. He gave some background on the city’s current code enforcement, noting that there were minimal issues before 2009, and then from 2009-2015 infractions grew in number and severity, and then in November of 2015, the city decided to hire an individual to oversee the department, issuing citations and notices to property owners in violation. Since then, the city has done a lot of cleanup work in addition to issuing notices to get rid of blighted homes through demolition and cleanup, mitigation, Cook said. Since then, however, the department has been stalled by management changes. resulting in Enforcement Manager Max Ryan facing criticism from within the city.

"Basically, Max, I would hate to be in your shoes," Councilman Cory Kirkpatrick told Ryan. "That's a tough job. I think that from my own opinion, I think the expectations out of you is unknown."

The city has received multiple complaints about citizens receiving citations they did not deserve, for a variety of reasons. Cook said he had not been satisfied with the work, particularly the lack of response and diligence from code enforcement manager Max Ryan, and he recommended that the city dismiss Ryan from the position. Cook said he wanted to change department's the structure, having three city employees manage the code enforcement department, with Administrative Assistant Nadine Avey, Jim Henderson of the fire department and City Manager Matt Funk handling the nuisance violations.

The council spoke to Ryan about this issue, asking for his perception of the issue. He explained that first and second notices are supposed to be sent out by mail, with the final notice coming with legal representation from the city attorney. The council added that there was some miscommunication of proper procedures and responsibilities of everyone involved. After debate, the council decided to have a discussion on the expectations for the code enforcement manager moving forward, leaving him in his role since most members felt the issues could be resolved.

"We've got to be consistent with what we're doing," Kirkpatrick said. "So, I think maybe you have a meeting with the mayor."

"It's such a huge gray area on what you're supposed to be doing," he said of nuisance violations. "I just think that you guys probably have - I don't mind if the mayor's involved in that but come in and have a meeting. Set your expectations."

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