Town council member Derrick Stalbaum explained that, since their last meeting, the town attorney has had the chance to research the legal arguments made by Capouch, and Stalbaum said the ordinance was found to be structurally solid. While there are a few problems with the ordinance, he admitted – such as the ordinance’s wording that effective makes flowers taller than five inches illegal – he said the ordinance is not in question.
Stalbaum said Capouch has since made an effort to clean up the properties that were in violation, and now the council will determine whether he is fully in compliance or not. If he is found to be compliant, Stalbaum said the council must make a decision as to whether or not to rescind the violation notices.
While the ordinance is not invalidated, Stalbaum said the council will soon address the issues with the ordinance and make some adjustments in the future.
