Palestine Council extends timeframe for moving trailer
Group denies request for permit
A public hearing regarding placement of a camper trailer within the city limits of Palestine was held during the council’s regular monthly meeting Tuesday evening.
The hearing was due to a request by Samuel Thomas to obtain a permit allowing the structure to be placed along the service road in Palestine.
Palestine Mayor Billy Shafer said the property currently has a camper on it that has been declared a nuisance by the council due to it being in violation of a city ordinance.
"We have Mr. Samuel Thomas on our agenda tonight who has been up a few times pertaining to the trailer permit," said Shafer. "You are here to ask for a permit to put a residence out there. We know that, without a doubt, the camper that is currently there is in violation of a city ordinance. It is up to you to make your mind up on what you are going to do about that. It will be considered by the city as a nuisance. If a resolution is passed and the condemnation proceeds forward, you, as the landlord, will bear the responsibility of all costs associated with the demolition or removal of the said property. What we are talking about there is the camper that is currently on the property. It will have to be moved. Am I reading this correctly?"
Palestine City Attorney Hoshall Hodges told the council that members could either issue a permit or declare the property a nuisance.
"Originally, Mr. Thomas was appearing before the council to ask for a permit for the trailer and he was going to come back and provide pictures of the trailer at the next meeting, which he did not," said Hodges. "At that point, that is when the camper, in itself, broke the ordinance which can be charged as a misdemeanor. That is why we sent this notice about the camper being declared a nuisance so the city would have the authority to go in and remove it if he did not appear, but he is here tonight. First, I think he would have to apply for the permit and then address these nuisance issues."
"If you would like to address the council and show pictures at this time of your unit and what your intentions are, this is your time to do so," said Shafer.
Thomas told the council the last time anyone lived in the structure was four years before he began renovating it.
"I have pictures on my phone," said Thomas. "I am redoing
(Continued from Page 1) the entire structure. I am putting a new roof on it, new paint, new windows, new doors, all new pieces. I believe it is a model 88 trailer. The last time someone lived in this trailer was about four years ago. On the moving of the trailer that is out there now, as the 30 days have passed, how much time do I have?"
"It should have already been gone," said councilman Derrick Boileau. "We told you when you were here the first time that we were going to let you leave it there for 30 days. I made that statement myself and it is still there."
"I think last month is when we decided that his 30 days would start," said council member Michelle Garner. "From that meeting until this meeting today. It had to be moved before today."
"I am sure about that," said Shafer. "Didn't we decide that since we sent him the letter and everything and he had the right to be here tonight to speak, how does that fit into the resolution?"
Hodges told the council that if the city declared the property a nuisance, the city could then condemn the property and remove the camper.
"He was already in violation of the ordinance by putting the trailer there without having the permit," said Hodges. "You have to have the permit before you can ever place the trailer there. At that next hearing, which was in May, he did not appear. The only address I have is the address for the trailer and I sent more than one letter there. After that is when we discussed declaring it a nuisance so the city could move forward with moving it if he wasn't going to come back to a meeting."
"If that is the case, it sounds to me like we need to pass a resolution that it is in violation of a city ordinance," said Shafer. "We have to pass a resolution for it to be condemned, is that correct?"
According to Hodges, the council had two options.
"That is correct if it is declared a nuisance," said Hodges. "You have the option now, if he is applying for the permit. There is the penalty of every day it is there it is a misdemeanor offense according to the ordinance that is in place. He is applying for the permit so if you would like to grant or deny the permit you can, or you can declare the property a nuisance."
"Everybody has heard the options and understands everything, does anyone have any questions for the attorney before we move forward?” asked Shafer. "Do we have a motion to grant Mr. Thomas a permit?"
A motion was not made to grant Thomas a permit for a trailer to be placed on the property.
Boileau made a motion to officially declare the property a nuisance and to give Thomas 30 more days to remove the camper that from the property. The motion was seconded by councilman Clarence Kennedy.
Shafer said Thomas could either build a house on the property, without needing a permit, he could finish the renovation or find a different trailer and appear before the council again to ask for another permit.
"The city council is giving you 30 days from this date to remove the camper," said Shafer. "It is your property. We have too many houses going up in Palestine. There is no permit required for that if you choose to go that route. That is your right to do that. You could build it tomorrow and it would meet every requirement of the city. If you want to come up with a different trailer or come back after that trailer is fixed up, you can come back to the city council and ask for another permit."