Council seeks AG’s opinion on release of building inspection documents
Published 11:56 am Monday, December 2, 2024
All five members of the Athens City Council voted unanimously at the Nov. 25 meeting to pursue the opinion of Alabama Attorney General Steve Marshall on the issue of disclosing building inspection documents to the public.
The ordinance passed on Monday officially allowed Athens Mayor Ronnie Marks and city attorney Shane Black to ask the attorney general’s office: “Does the Alabama Open Records Act require the disclosure of documents relating to a building inspection, code officials, investigation of complaints, that a structure violates city ordinances and building codes; such as a complaint, building inspector report and related documents?”
The decision came after concerns were raised by city residents at the council’s last meeting, on Nov. 4, in which several residents complained about a residence at 1311 Wheeler St.
“I took their information and their complaints, and I turned it over to the building inspector department — just as I would do any property in Athens,” Marks stated prior to the vote on the matter. “I understand that the building inspectors opened the file and they’ve been out to visit the property — just as I said that they would.”
Marks explained that building inspectors leave citations or take other enforcement actions on the property owners when there are code issues that have not been addressed. Marks also noted that the city does not comment on these types of investigations — unless a citation or any other action is taken by the building inspectors.
“The city received an open records request, wanting copies of any inspection reports and related documents on that inspection — and other inspections,” Marks said. “I think our city does a great job at responding to open records requests, usually quicker than the law requires. We work to follow the law and the attorney general’s opinion on what we can, and can not, disclose. In this case, those open records requests were denied.”
During the public remarks section of the meeting, more Athens residents offered complaints toward several other properties within the city’s limits. According to legal documents obtained by The News Courier, a majority of the properties mentioned are owned by District 1 Councilman Chris Seibert.
Marks told The News Courier after the meeting concluded that if the opinion from the attorney general’s office is to disclose those documents, then the city will follow accordingly.
“I want to make sure that we are doing the right things and are operating under the proper legal guidelines of what the law says,” Marks said. “It has been our interpretation that we do not release the information of something that is ongoing. If we are wrong then we will gladly release them and report on them. I just want to make sure that the city council and I are on the right page.”