City Council passes warrant ordinance

By Jordan Vandeveer

The Carbondale city council Tuesday passed an ordinance outlining how search warrants can be obtained to complete inspections at buildings where they have been unable to gain entry and to remove abandoned autos within the city limits.

“With some recent changes in state law, it is now required that we have to get a warrant in order to remove the vehicle,” City Manager Kevin Baity said.

“We notify the owner, both in writing and a placard on the vehicle. We … give them time to remove the vehicle or make it operable; get a license; get it in compliance with city code.”

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The newly passed ordinance permits an application to a court to enter a premises if they have been unable to gain entry to complete either annual inspections, or other inspections in the event that the property appears to have violations that can not be seen from the outside.

“The wording is quite wide scope, and I’m not sure if I feel comfortable with it,” Councilman Lance Jack said. But eventually, he voted in favor of the ordinance.

Several citizens showed up to protest the ordinance. They were worried the city would have authority to take vehicles that are not up to the standards of the ordinance, which states motorized vehicles must be operable and licensed.

Some said they have classic cars they worked on as a hobby, and most of these cars are either unlicensed or inoperable from time to time.

John Lamb, said he owns a 1951 Studebaker he leisurely works on and is inoperable.

Lamb said the wording bothers him, and he is worried the ordinance will allow the city to seize inoperable vehicles in a garage.

Lamb was assured the city would not remove cars like his, as long as it was housed underneath a roof.

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“We’re supposed to inspect, and this gives us the right to give an affidavit to a judge, to say to that judge ‘Here is the reasons, here’s what we observed, and here’s our ordinance,” City Attorney Mike Kimmel said

Only Councilwoman Carolin Harvey’s voted against the ordinance that was passed.

After a lengthy discussion about amendments to the ordinance that would affect tree trimmers, the council decided to table the issue until another meeting.

The city council also authorized the city manager to create a contract that will sell property to Habitat for Humanity of Jackson and Union counties for $1. A single family home will be built on the property.

The council passed an ordinance that annexes several addresses on Warren Road.

The next city council meeting will be Oct. 8th.

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