In Selma, Appealing A Code Enforcement Fine Could Cost More Than The Penalty

SELMA — A little-known fee required to appeal code enforcement penalties in Selma is drawing new scrutiny after town leaders learned the cost to challenge a citation can exceed the fines themselves.

The issue surfaced during the Feb. 12 Selma Town Council meeting as officials discussed ongoing enforcement efforts and possible policy changes.

Mayor Byron McAllister acknowledged that the town’s renewed focus on code enforcement represents a significant shift for residents.

“Change is hard,” McAllister said, noting the town is addressing “10 to 12 years of not doing anything” when it comes to enforcement. “It is a drastic change.”

Town officials say enforcement efforts will continue this year as Selma works to address long-standing property maintenance and sanitation concerns.

Appeal Fee Under Scrutiny

During the discussion, council members learned that residents or businesses seeking to challenge a monetary penalty must file an appeal with the Board of Adjustment — a process that requires a $500 fee to appear.

One town board member pointed out the disparity, noting that someone fined $200 would have to pay more than twice that amount simply to contest the violation, even if the hearing lasts only a few minutes.

McAllister said the appeals process and fee structure were created decades ago and were not implemented by the current administration.

“No one knew about it until code enforcement began,” he said.

While the Board of Adjustment may recommend that the fee be refunded, the final decision rests with the Selma Town Council.

Council members indicated the appeals process — including the $500 appearance fee — is expected to be reviewed during a future public meeting.

Code Enforcement Penalties

Under Selma’s current schedule, civil penalties increase with repeated violations. Sanitation violations carry a $25 fine, with an additional $25 charged for each day the violation continues.

Standard code enforcement penalties begin at $50, plus a $150 administrative fee. Subsequent violations increase to $150 for a second offense and $250 for a third, with the administrative fee applied each time.

Costs can rise quickly depending on the violation. For example, grass mowing or abatement performed by a contractor may be billed at $150 per hour, along with a $150 administrative charge.

Town leaders say enforcement efforts are intended to address long-standing issues affecting neighborhoods and public safety. However, the discovery of the appeal fee has prompted discussion among officials about whether the process creates an unintended barrier for residents seeking to challenge citations.

Town Councilman William Overby said he is opposed to the high appeal fees and hopes a change can be made by the council in the near future.


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7 Comments

  1. The Board of Adjustment has the final say in any appeal. The Board of Adjustment is a quasi judicial board with sworn testimony. The town council has no control over a BOA decision. One the BOA makes the decision it is final. Only a judge can hear an appeal on a BOA decision. The Selma BOA recently had a case appealed and heard again. I don’t think that was legal since the BOA already denied the case.

    • Is it not a conflict of interest if the Mayors’ wife is on the Board of Adjustments? I have been told this by several citizens of Selma. So I’d like to know if it is true, and if so, why is she on the Board of Adjustments?

  2. A fee to appeal a decision that was made unilaterally by the Town of Selma, that was made potentially without review? Sounds like a lawsuit waiting to happen.

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