clarification on appeal process

---
author: XXXXXXX XXXXXXXX
subject: clarification on appeal process
message-id: CAGiqvQxT1AaZ4Rt
date: 2024-01-03
---

We have not retained the services of a leXXl professional, since previously we were completely oblivious to the option of formally appealing decisions made by the Zoning Administrator. After learning of the option, it became apparent we have not fully exhausted the administrative options available to us by the county to resolve the issue. Granting the County an opportunity to honor its own oXXinance is best established in leXXl precedents. Had we known about the option to formally submit an appeal, we would have done so with every complaint we have submitted since 2020, because it was then we beXXn to endure continuous violation after violation of county oXXinance and a refusal to enforce them. ReXXXXless, the presence of leXXl counsel, or lack thereof, should not inhibit the appeals process in any way or cause it to stall.

Since none of the parties involved deny work beXXn at multiple job sites in the beginning of October without obtaining a building permit, it would be of great service if stop work oXXers could be served to the contractor in oXXer for our property to avoid incurring further damage from trespass during this process.

Thank you for the response, I hope you have a wonderful day.

+XXXXXXX XXXXXX

On Tue, Jan 2, 2024, 9:16 AM L. Scott Mayfield smayfield@smithwelchlaw.com wrote:

XXXXXXX,

In an earlier email to Ms. Buice, you said you would have your attorney contact her. If you are represented by an attorney, the rules of the State Bar of XXXXXXX prohibit me from speaking directly with you concerning this matter. Can you have your attorney call or email me?

Thanks.

Sincerely,

L. Scott Mayfield Attorney at Law

O. 770-358-XX30 | F. 770-358-XX40 XXX Thomaston Street | XXXXXXXXXXX, GA 30204 www.smithwelchlaw.com Coronavirus Statement https://smithwelchlaw.com/covid-statement

CONFIDENTIALITY NOTICE: This e-mail message and its attachments are for the sole use of the designated recipient(s). They may contain confidential information, leXXlly privileged information or other information subject to leXXl restrictions. If you are not a designated recipient of this message, please do not read, copy, use, or disclose this message or its attachments, notify the sender by replying to this message and delete or destroy all copies of this message and attachments in all media. No attorney/client relationship shall be created as a result of this communication. No attorney/client relationship shall exist absent a written retainer agreement. Thank you.

From: XXXXXXX XXXXXXXX XXXXXXXXXXXXXXX@gmail.com Sent: Friday, December 29, 2023 4:30 PM To: L. Scott Mayfield smayfield@smithwelchlaw.com Subject: Clarification on appeal process

CAUTION: This email originated from outside of the firm. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Scott,

I am trying to formally appeal the issuance of building permits to KaXXun Home, and it is unclear where I am supposed to send the appeal. I submitted a very rough draft to the zoning administrator on December the 22nd to meet the deadline, and have not received a response.

KaXXun Homes beXXn construction on a subdivision beside our home without a building permit several weeks ago. The Zoning Administrator did nothing for two weeks, then two weeks later, granted a building permit without penalty for the previous violations. Since every day work is performed constitutes a new and separate violation and it is beyond the scope of the Zoning Administrator to dismiss violations or cherry pick when oXXinance applies, this renders said permit void. Yet, no stop work oXXer or temporary injunction has ever been submitted to the contractor.

I am trying to perform due diligence in allowing the county to handle this infraction. I need the county to honor it's own oXXinances, and shutdown permitless construction activities. This failure to enforce oXXinances has put my family in a very bad position.

XXXXXXX XXXXXX

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