BSSTG
Gold Member
Greetings all,
Well, we made history last week. Not only has our town never had a jury trial for building/fire/local ordinance violations, addtionally there had never been a trial lasting more than one day in municipal court. And it's not over yet as the dude has appealed his conviction to county court.
Oct. 2010. dude comes in for a demo permit which is granted. No big deal. type V buildings are demoed and dozed to the back of the property which is problem #1. Rear 1/3 of the property is a designated floodway on our FEMA maps. Can't put anything in a floodway. zip zero nada. Fortunately we have a drought! Problem #2 same dude uses front portion of property (roughrly 1/2 acre) as a junkyard. Junkyards are allowed but with restrictions. So we have a junkyard and floodway encroachment. Over the next several months of wrangling, getting cussed out, threatened with civil rights violations yada yada yada multiple citations are written. Hearings come and go without the dude showing up which presents problem #3 "failure to appear". This all goes on an on so we get to a point where the powers that be are going to arrest the dude and drag him back to town when he decides to show up and asks for a jury trial.
Without going into a huge amount of detail here is the end result. He was cited for: no certificate of occupancy, no operational permit under the fire code for a junkyard, floodway encrouchment, public nuisance, no local permit for recycling (local ordinance), failure to appear, and another charge I can't rememeber.
no c/o- not guilty
no fire permit- not guilty
no local permit0-not guilty
failure to appear- guilty fine $500
floodway encroachement- guilty fine $100
charge I can't recall- not guilty
public nuisance- guilty $25,000 fine
Now I expected a total fines in the 25 to 30K range. Potentially the fines could of been several hundred thousand dollars. In Tx Class C misdemeanors are 500 a day unless they are health and safety violations which can be 2000 a day.
What I didn't expect was for him to get off on the bldg code violations expecially since one of our firefighters was on the jury.
Geez you talk about a learning experience. Oh yea, this dude acted as his own attorney too. That said he has to put up a 50K appeal bond so we will get our money unless it's all overturned. We shall see.
Yall have a great evening
BS
Well, we made history last week. Not only has our town never had a jury trial for building/fire/local ordinance violations, addtionally there had never been a trial lasting more than one day in municipal court. And it's not over yet as the dude has appealed his conviction to county court.
Oct. 2010. dude comes in for a demo permit which is granted. No big deal. type V buildings are demoed and dozed to the back of the property which is problem #1. Rear 1/3 of the property is a designated floodway on our FEMA maps. Can't put anything in a floodway. zip zero nada. Fortunately we have a drought! Problem #2 same dude uses front portion of property (roughrly 1/2 acre) as a junkyard. Junkyards are allowed but with restrictions. So we have a junkyard and floodway encroachment. Over the next several months of wrangling, getting cussed out, threatened with civil rights violations yada yada yada multiple citations are written. Hearings come and go without the dude showing up which presents problem #3 "failure to appear". This all goes on an on so we get to a point where the powers that be are going to arrest the dude and drag him back to town when he decides to show up and asks for a jury trial.
Without going into a huge amount of detail here is the end result. He was cited for: no certificate of occupancy, no operational permit under the fire code for a junkyard, floodway encrouchment, public nuisance, no local permit for recycling (local ordinance), failure to appear, and another charge I can't rememeber.
no c/o- not guilty
no fire permit- not guilty
no local permit0-not guilty
failure to appear- guilty fine $500
floodway encroachement- guilty fine $100
charge I can't recall- not guilty
public nuisance- guilty $25,000 fine
Now I expected a total fines in the 25 to 30K range. Potentially the fines could of been several hundred thousand dollars. In Tx Class C misdemeanors are 500 a day unless they are health and safety violations which can be 2000 a day.
What I didn't expect was for him to get off on the bldg code violations expecially since one of our firefighters was on the jury.
Geez you talk about a learning experience. Oh yea, this dude acted as his own attorney too. That said he has to put up a 50K appeal bond so we will get our money unless it's all overturned. We shall see.
Yall have a great evening
BS