Property owner Perry asks magistrate to stay enforcement of August code orders pending court review

Mr. Perry, representing himself, moved for a stay of enforcement of two orders issued Aug. 13, asking the magistrate to preserve the status quo while the circuit court reviews his appeal. Perry said the city presented no well-location map or survey at the August hearing, that the nearest potable water well listed by the city was about 14,000 feet (2.6 miles) away, and that the city’s prior 2021 matter addressed a different occupancy allegation and should not be treated as a repeat violation for the current alleged infractions.

Code enforcement supervisor Matthew Osterberg read a prepared statement on behalf of code enforcement recommending the original order and compliance deadline remain in effect and noting the city’s response opposes the stay. Perry submitted case citations and argued preservation of the status quo is necessary to avoid irreversible harm if demolition or substantial alteration is required before the court rules. The magistrate said he would take the supplemental case law under advisement and produce a written opinion by Wednesday to resolve the stay request.

Perry said he had a circuit-court hearing scheduled in early October and sought an interim stay until judicial review concluded; the magistrate confirmed he will mail parties the written ruling.