By DOTTY NIST
The owner of a Seagrove property on CR-30A has signified that he will be challenging a Walton County magistrate’s order finding him in violation of county code regarding banners displayed on his home.
Messages appearing on the banners are “TRUMP WON” and “LET’S GO BRANDON,” although the wording of the banners did not enter into the findings of violation.
A notice of appeal was filed in the matter in Walton County Circuit Court on Nov. 19 on behalf of the property owner, Parked Properties GA, L.L.C. c/o Marvin Peavy. Peavy is represented by attorney William R. Sickler.
Code Compliance hearings
At the Oct. 20 Walton County Code Compliance hearings, a Walton County code compliance officer had presented charges against Peavy in connection with the one banner in place at the time (TRUMP WON). According to the officer’s testimony, the property owner was charged with violation of a Walton County Land Development Code (LDC) section prohibiting the following types of signs within the Route 30A Scenic Corridor, where the property is located: “Streamers, feather flags, pennants, ribbons, spinners and other similar devices.”
Neither the property owner nor any representative for him had been present at the Oct. 20 hearings.
Hayward Dykes, presiding magistrate, had found that there was a violation of the code section and had directed that the banner be removed by Oct. 25, with a $50-per-day fine to apply beginning on that date if the violation were not corrected. An administrative fee of $105 was also imposed.
At the Nov. 17 Walton County Code Compliance hearings, a non-compliance charge in connection with the property was presented, with the code compliance officer reporting that the banner had not been removed and that an additional banner had also been put up on the property (LET’S GO BRANDON).
At that hearing, attorney Sickler’s request for the cancellation and rescheduling of the hearing was declined. In his remarks, he contended that Peavy was facing selective enforcement with the charges—and alleged that the scenic corridor overlay ordinance related to the case was overly restrictive, that it had the effect of preventing free speech on political issues, that, based on that, that the ordinance was unconstitutional.
After testimony and presentation of evidence was concluded, Magistrate Dykes had observed that noncompliance with his previous order was the only issue for the hearing. He had made the finding that the property had not been brought into compliance and had therefore ordered the assessment of a fine amount of $1,269 based on the application of a $50-per-day fine beginning on Oct. 25 per the previous order plus $119 in administrative fees.
“And I imagine you gentlemen will deal with this at a different level,” Dykes had added, alluding to the appeal in circuit court, which Sickler had referenced as part of his remarks.
Details on the appeal
Decisions of the code compliance magistrate are final, subject to appeal in Walton County Circuit Court.
The Parked Properties GA, L.L.C./Peavy v. Walton County Department of Code Compliance case has been assigned to County Circuit Court Judge Jeffrey E. Lewis. There has been no responsive filing by the county at this time, and no court date has been set.
In response to a question from the Herald/Breeze, Walton County Code Compliance Supervisor Kurt Rose said the fines associated with the case would continue to accrue daily per the order. He explained that any voiding of the order resulting from an appeal would also void those fines.