Carter v. State, A02A2047.
| Decision Date | 21 February 2003 |
| Docket Number | No. A02A2047.,A02A2047. |
| Parties | CARTER v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Anthony J. Carter, pro se.
Steven L. Harris, Solicitor-General, Lloyd W. Walker, for appellee.
A jury found Anthony J. Carter guilty of violating several Fayette County ordinances and a stop work order during construction he performed on his property in the county. Carter appealed, pro se, asserting that the evidence produced at trial was insufficient to support the verdict, that he was given an excessive sentence, and that the trial judge erred in denying his motion for recusal. Finding the evidence sufficient and no reversible error, we affirm.
1. In reviewing the sufficiency of the evidence, we view that evidence in a light most favorable to support the jury's verdict, and we will uphold the verdict if a rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt.1 Viewed in this manner, the evidence at trial shows that on August 31, 2001, Fayette County issued Carter a building permit to "move" a prefabricated residence onto a 12.35-acre parcel of land he owned. The charges against Carter arose out of construction he performed on the property in violation of county ordinances and a stop work order.
(a) One of the ordinance violations concerned Carter's installation of used materials in constructing a water supply line for his home. The evidence shows that, after the home was moved to the site, Carter installed a water supply line and contacted the county to inspect the line. The inspector, William Cushing, discovered that Carter had constructed the line with used PVC pipe and corroded metal couplings with mismatched threads. Before approving the water supply line, Cushing went back to his office to research whether Carter was authorized to use such materials. When Cushing returned to the site the following day, the line was buried. Cushing left Carter a notice that the line was rejected due to the used pipe and provided him with excerpts of the Standard Plumbing Code, which further explained the deficiencies. Cushing was never called back to reinspect the line.
The Georgia Standard Plumbing Code, which was adopted by the county and generally prohibits the reuse of materials, provides: "[m]aterials, equipment, and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition, and approved."2 In this case, even if Carter had reconditioned and tested the pipes and couplings—and it does not appear that he did—there is no evidence that the county approved his use of the materials. Indeed, the evidence shows that the county inspector rejected Carter's use of the materials. Thus, the evidence was sufficient to establish that Carter violated the ordinance.
(b) A second ordinance violation concerned Carter's installation of his sewage disposal system. The county had issued Carter a permit for a septic system, but required him to install the tank at a specific location. Evidently, Carter installed a system but buried it before it was inspected. A county health department inspector, Richard Fehr, discovered "evidence of gravel and pipe and other components of a septic system installation and disturbance of soil in an area where [ Carter] originally indicated that [he wanted] to have a system." And, in his brief on appeal, Carter acknowledges that he installed a septic tank, a 25-foot drain field, and a "functional temporary toilet."
Under the Fayette County Code, it is unlawful to bury or use a septic system before the county conducts a final inspection.3 As discussed above, the evidence produced at trial shows that Carter installed and buried his septic system without first having it inspected. Furthermore, Carter's acknowledgment that he installed the system and a functional toilet "` '"4 It follows that there was sufficient evidence to support Carter's conviction on this count.
(c) A third violation concerned excavation work that Carter performed without a land disturbance permit. The evidence shows that the county engineering department had received numerous complaints that Carter was clearing land on and near a county right-of-way, causing water to back up onto the right-of-way and a neighbor's property. An engineering department employee who investigated the matter confirmed the validity of the complaints and testified that the excavation was of a "large magnitude" and outside the immediate area of the home site. Another department employee found that Carter excavated a trail along his property line, "some sort of trench in the direct rear of the house that extends out for a couple hundred feet" and a ditch by the right-of-way that was apparently designed to "divert the natural flow of water around to... where Mr. Carter [had] put his unapproved drain field." Carter never obtained a land disturbance permit for this activity.
The Fayette County development regulations require a landowner to obtain a land disturbance permit before performing any land disturbing activity.5 These regulations provide an exemption for "[t]he construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy."6 Carter relies on this exemption in asserting his innocence here. But, as stated above, the exemption applies only to construction of a residence, and the evidence reveals that Carter's land disturbing activity was not limited to the actual construction of his residence.7 The evidence also belies Carter's argument that he was exempt from the regulations because the project involved "one and one-tenth acres or less."8 Carter's lot is 12.35 acres, and it appears that he was performing excavation throughout the property. Finally, although Carter had permission from the Department of Public Works to install a "driveway pipe," he was expressly prohibited from working "on the road right of way, ... digging new ditches or filing [sic] low areas[, and] damming up a ditch on private property which backs water up onto the county's road right of way." He clearly violated these prohibitions in this case. Accordingly, the evidence was sufficient for the jury to find Carter guilty of violating the land disturbance ordinance.
(d) Due to Carter's unauthorized land disturbance activity, an employee with the county's engineering department issued a stop work order on February 1, 2002, requiring Carter to cease all construction on the property.9 According to the employee, the stop work order directed Carter "to stop work completely and to call us" and informed Carter that he could not continue excavating without a land disturbance permit. That same day, Sergeant Earl Williams served Carter with citations for violating the ordinances discussed above, including one for "[g]rading without a Land Disturbance Permit." When he served the citations, Williams explained to Carter "that he would have to present the engineering department with a plan on how he was going to go ahead with the soil disturbance ... before the [stop] work order would be lifted."
Notwithstanding the citations, Sergeant Williams' admonition, and the stop work order, Carter continued excavating...
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