(PENSACOLA) --- Special Magistrate Ralph Peterson’s pattern of leniency in code enforcement continues to grant financial grace to construction developers and property owners.
The last June Pensacola Code Enforcement meeting was par for the course, with Peterson hearing several cases on the agenda, ranging from construction without a permit to unsafe on-site equipment.
Beginning with Case #7 of 12, 2206 Martin Luther King Jr. Drive, Dwight Montgomery had to defend his violation signed by Code Enforcement Officer Jonathan Bilby, both of whom raised their right hands, promising to tell the truth and nothing but the truth regarding the construction addition without a permit.
(Photo: Resident Dwight Montgomery swearing to tell the whole truth and nothing but at the June Pensacola Code Enforcement meeting)
According to Bilby, a January 22 stop-work order was issued for alterations to the foundation at the address.
“The photos I am going to show you were taken by building inspector Glen McPherson, and he has affirmed to me they are a true and accurate representation of the work performed,” Bilby said.
Bilby read off violations, accompanied by pictures of “foundation shorting work” and strewn electrical boxes and wires posted on the April 22 violation notice date.
(Photo: Code Enforcement Officer Jonathan Bilby raising his right hand before Special Magistrate Ralph Peterson)
Montgomery denies receiving the notice, saying he went to City Hall to address the wrong address listed on the certified mail and did not see any signage on the property. However, when asked by Peterson again, he said he did.
Bilby showed proof that the certified letter was, in fact, emailed to Montgomery's address.
“I work for a living, so I am not there,” Dwight said.
(Photo: 2206 Martin Luther King Jr. Drive work performed without permit)
“Also, I would like to say this is not an addition; this is something that was already there,” Montgomery said, admitting he never applied for a permit. “All I did was replace old wood.”
When Peterson asked Montgomery what his intentions were now, the property owner said he had “decided that I am not going to do anything; I am going to tear it down and have an architect go draw it up, whatever I need to do.”
Bilby made it clear Dwight needs a permit to demolish it, “and that would actually solve the case that we have here.”
“If you decide to salvage it, then we will sit down with you and tell you what is required,” Bilby said. “But either way, a permit is required.”
Montgomery was told that if the violation was not corrected, the consequences would include paying $200 in Court costs and $25 per day.
(Photo: 2206 Martin Luther King Jr. Drive work performed without permit)
“I order you to comply or otherwise resolve by August 24. If you are not in compliance, there will be a fine that is part of the order,” Peterson said.
Peterson also granted a grace period for Case #11, 5042 Bayou Blvd., also under Officer Bilby’s direction regarding an interior remodel without a permit.
As with all violations, Bilby showed photos of the property, which Rodney Allen, R&D Allen Construction, immediately denied responsibility for.
(Photo: 5402 Bayou Blvd. work performed without permit)
“I had nothing to do with this,” Allen said, adding that he is attempting to “shepherd” the property owners back on track.
As in the prior case, Allen noted that the property owners had issues receiving the certified mail and confirmed that until permits are granted, no work would be performed.
(Photo: 5402 Bayou Blvd. work performed without permit)
“If there is some aspect or something that is causing interference, you can talk to the inspectors,” Peterson said, noting that the fine is $100 per day because the property is commercial. “I think you will all be able to work it out.”
(Photo: Developer Randy Allen told Code Enforcement officials he is not responsible for working without a permit at his client's property)
Bilby agreed, noting, “We will come back and ask for a continuance in good faith going forward.”
Peterson's pattern of leniency for those who show up to plead their case is also seen with Pensacola Zoning Magistrate Matthew Hardgrave in January, proving Pensacola is willing to work with residents, developers.
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