Box 1, Folder 1, Document 39

Box 1, Folder 1, Document 39

September 20, 1966

Col. Malcolm Jones, .
Supervisor of Inspection Services,
Building Department,

City Hall,

Atlanta, Georgias

Dear Col, Jones:

As you know, Mr. Milton, Codes Compliance Officer, and I review
each case prior to trial each Thursday and determine the penalty and
Court order, which I recommend to thea Presiding Judge. I am sure you
will agree that nine times out of ten, Judge Sparks imposes the sen=
tence and order which I request in behalf of the City.

Mr. Milton and I make our recommendation to the Judge on the
following basis: \

1. Number of prior notices of deficiencies by the City to the
defendant.

2. The severity of the violations (whether or not there are a
few minor repairs or numerous violations).

3. Whether or not we feel the defendant's failure to comply is
willful, or whether or not the person is financially unable to make
corrections.

4, Whether or not the defendant is receiving income from the pro=-
perty, is an owner-occupant, or the building is vacant.

5. The defendant's past record in Court, if any.

6. Whether or not the person we bring into Court has the author=
ity to make repairs (for example, agents, who have only the authority
to lease or sell the property, and no authority from the owner to
make repairs. Also, in cases involved in litigation, estates, ine
competents, etc.).

€,
7. Whether or not the property is located in a "Proposed
Area", Up to the present time, Mr. Milton has advised that it
is the policy of the Housing Division to only require minimum
standards of the Code to correct hazardous, unsafe and unsanitary
conditions, until such time as the property is acquired.

Joe Shaffer has received one notice from the City and it is
my understanding that this section is in a "Proposed Area". The
tenants have also been cited for violating the Code. I presume
these tenants are destitute; therefore, if a penalty is imposed,
the majority will serve time in the City Jail in lieu of payment
of the fine. If possible, I would like to know whether or not
suitable housing is available in Atlanta at an amount these people
can afford to pay. If we request that these people vacate the
premises immediately, I believe this question will arise and I
would like to have an answer.

In view of the City's policy in "Proposed Areas", and because
of the recent riots, I am bringing this matter to your attention,
so that if you deem it necessary, the Mayor's office and Mr.
Wofford might be consulted.

It is my suggestion that we have a conference regarding this
matter, and I am of the opinion that Mr. Robert Lyle should be
present, inasmuch as he and I have worked on these cases together,

Very truly yours,

(Mrs.) Colette Dusthimer,
MUNICIPAL COURT, General Division,
City of Atlanta.

cD/a3

CC: Mr. C. Le Milton, ~
Codes Compliance Officer.

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