City Studies Code Enforcement

A committee of the Monticello City Council sat down last Thursday with city attorney Joe Reitman and Chief Magistrate Tim Lam to see if they could iron out the differences about code enforcement, and learned, again, that the city attorney and Mr. Lam interpret the law differently.

Mayor Pro-tem Gail Harrell and Councilman David Wease were the committee members, and they were joined by City Clerk Karen Pennamon, and (by phone) City Manager Angela Redding.

Mr. Lam told the city officials that rather than adopting the county’s code of ordinances, what they should do is eliminate the city’s ordinances, and it would then fall on the county to police the city just like it does the county.

However, Mr. Reitman said there is legislation that makes that not legal.

Mr. Reitman said a fundamental problem is whether the county has jurisdiction to enforce regulations in the city.

Mr. Reitman has suggested the city adopt a new charter, which could make it possible for the cases to be heard in Magistrate Court, but the City Council has balked at that. Mr. Reitman said that when it comes to zoning the county does not have jurisdiction in the city.

Mr. Reitman said several times that he and Mr. Lam have a “good-faith disagreement.” They interpret the law differently.

Mr. Lam cited Attorney Ray Lanier who worked with the city to change the charter in 2015, and his leadership showing that the county cannot hear city code enforcement cases. He also said that Judge William Prior, chief judge of the Ocmulgee Circuit until his retirement last December, penned a letter siding with Mr. Lam.

Mr. Reitman suggested that the city could streamline some of its practices, by dispensing with the newspaper notification. He said citizens would have to be vigilant about checking the city’s website if they went that route. But, when it comes to change ordinances, it is a time-consuming process. This was in reference to changing ordinances.

After much discussion, those gathered agreed for the full council to have a work session on it, which is scheduled for next Tuesday, Feb. 2 at 6 p.m.