Carrollton residents voiced concerns about the actions of city code enforcement officer Art Zook and building inspector John Welch at Monday night's City Council meeting.
Property owner and landlord Billy Welch started off the night of complaints to the City Council members by saying he felt he was being "picked on" and "discriminated against" because of the ethnicity of people he rents to.
"It seems like I'm being picked on," Welch said. "It's nuisance of the people who live here. It's because I rent to Mexicans. The Mexicans pay their rent on time. It's the whites and blacks who don't pay their rent. That's why I rent to the Mexicans."
City attorney Nick Marsh said Welch's claims were not accurate.
"There is no discrimination against anyone," Marsh said. "It's a structural nuisance."
Billy Welch said he was unclear about the procedure one must take to appeal the citation given to him and the order to vacate his tenants in 60 days because the building was found unfit to live in by city officials.
"I put new wiring and breakers in," Billy Welch said. "I don't have a job. I just got out of the hospital. I had a heart attack and double pneumonia."
Marsh said the procedure on how to appeal has been on the city books since 1991, and no changes have been made to the ordinance since then. The property owner has one week to appeal the citation in writing. After the week, the rights to appeal are gone.
"This council doesn't have jurisdiction to hear your appeal," Marsh said. "This council can't do anything for you at this time."
Marsh said Welch needs to hire an attorney and challenge the citation in district court.
"I can't afford an attorney," Welch said.
Marsh referred Welch to legal aid services that work with people who cannot afford an attorney.
Local resident John Osborne also had a problem with the way the city was approaching property owners about potential violations of the nuisance ordinance.
"He (Art Zook) told me he can come on my property any time," Osborne said.
Osborne said his love of competing in demolition derbies, which are hosted at the Carroll County Fairgrounds and raise money for the community, is being stopped because of the city's nuisance ordinance.
"You all are trying to stop me from doing it," Osborne said.
Osborne said the cars that he uses to create his demolition derby vehicle are behind his house in his yard, so they are not visible to the public. One would have to go into Osborne's backyard to see the salvage vehicles.
"He (Art Zook) was nasty to me, so I was nasty to him," Osborne said.
Mayor Dwight Louden, who hired Zook a few weeks ago, stood up for Zook's work.
"All Art is trying to do is enforce the code," Louden said.
Marsh agreed.
"I can guarantee he is working," Marsh said.
Osborne presented photos from around the city that had ordinance violations that the city might not be tackling as aggressively as his hobby.
"This only took me an hour and half to find," Osborne said.
"There's a lot of stuff out there," Louden said.
Marsh said Osborne has only be issued a warning and not a citation at this point. However, if the code enforcement officers decide to issue a citation, then even if the council changes the ordinance to allow demolition derby cars as an exemption, the citation against Osborne still stands.
"The council has no appeal authority at this time," Marsh said. "The citation would stand on its merits. Nowhere in this ordinance says derby cars are exempt."
City councilman Dean Miller Jr. suggested Osborne and his fellow demolition derby car enthusiasts meet, talk about what changes they would like to see in the ordinance and draft a proposal and a petition to bring to the council to review.
"We have to have something," Miller said.
As time went on about the subject, the heart of the matter came to light - the ordinance wants property owners to have vehicles that are movable in a commercial sense, licensed, titled and insured.
One member in the audience pointed out that a property owner could have 10 pop-up campers in the yard, creating an unfavorable scene, and it would follow the city ordinance. The man said the junk yard does not provide a title to the vehicles it gives to demolition derby enthusiasts, thus causing a problem with obtaining insurance, license and registration.
"We can change anything as long as the council sees it fit and it's not against the law," Miller said about the ordinance.
However, Louden gave some guidelines to the men who wanted to change the ordinance.
"Whatever you write up, please give some consideration to the neighbors," Louden said.
No action was taken on the ordinance.
In other business, trick-or-treating will be from 6 to 8 p.m. Oct. 30.
