Jim Marple, who owns property on either side of Eureka Springs City Council member Harry Meyer’s home on Cross Street, alleges that Meyer pressured the city’s code enforcement officer to cite Marple for code violations related to Marple’s construction of two homes on his property. Copies of text messages between Meyer and city code enforcement officer Paul Sutherland, obtained by the Times-Echo through an open-records request, appear to confirm Marple’s allegations.
Marple said he and Meyer had been on friendly terms until Marple purchased a vacant lot to the west of Meyer’s home.
“When he discovered that I bought the lot to the west of him, he threw a fit telling me that he was going to buy that lot, then telling the neighbors he will never speak to me again and I should have asked him first before buying it. It was just a couple days after that when code enforcement showed up my door with a long list of complaints called in by a concerned neighbor.”
Marple said he saw Meyer’s name on the report.
“That was the beginning of an aggressive campaign of revenge by him against me just because I bought that lot on the west side before he did. He deliberately exploited his elected position as city councilman attempting, without great success, to exploit his connections with various city officials to exact revenge against a private individual … for purely personal reasons.”
Meyer sent 54 text messages and one photograph to Sutherland from Nov. 21 to Dec. 18, with all but a few focused on Meyer’s allegations that Marple was violating city code in connection with the construction of two homes on separate lots on the east side of Meyer’s home.
Meyer complained about Marple sleeping in what he described as “a camper” on one of the lots while he was in the process of building one of the houses and later complained that Marple was sleeping in the house without a certificate of occupancy.
In a text message to Sutherland time-stamped 1:41 p.m. on Thursday, Nov. 21, Meyer wrote: “I don’t want to bust your butt however the ordinances are to be enforced to the letter. Otherwise there is the appearance of selective enforcement. So I hope that you have told them to move their camper before they leave it another weekend.”
Marple described the vehicle as a “motor home.”
“Legally, you can have a work trailer and you can spend the night in that work trailer to guard your work site,” he said. “But there’s nothing in the book about motor home. It says ‘trailer.’ So he was making them stick to the letter of the law.”
Meyer texted Sutherland again at 4:07 p.m. the same day, writing: “It’s gone today. He also said he was going to sleep in the house he’s working on now. So please don’t let him occupy it until you give him a certificate of occupancy.” ‘Petty and cruel act’ In a text timestamped at 12:33 p.m. Friday, Nov. 22, Meyer says: “I just had the police chief come by this morning. Did you tell those men that you had a complaint about the camper?”
Sutherland replied: “No I told them the mayor called me from someone calling him.”
“About the camper?” Meyer responded.
“Yes,” Sutherland answered. “I won’t tell where the complaint. Mayor sends me complaints so I use his name as the person who told me on the camper.”
“It’s okay,” Meyer said, then in a separate text message said: “No worries, I didn’t know who called the police on me. I thought it might be the guy next door. It was a petty and cruel act.”
Sutherland said he had not heard from Marple and his partner since he instructed them to move the camper.
In a message timestamped 3:01 p.m. the same day, Meyer wrote: “I had to put my dog down, she was suffering terribly and I couldn’t move her without causing her pain. I hated to do it but I didn’t want her to suffer any more. So I shot her with my 22.
“Someone called the police!”
“That sucks,” Sutherland replied. “Nobody wants to have to do that.”
In a separate message, Sutherland said: “They asked me the other day who called me and I just told them the mayor.”
Meyer has acknowledged shooting the dog, a dachshund mix named Daisy, with a .22-caliber rifle. The shooting occurred in Meyer’s front yard, in view of another neighbor. Meyer said the dog was suffering from cancer and that moving her caused her pain. Meyer used a bullet given to him by the city’s animal control officer, Jimmy Evans. Eureka Springs police chief Billy Floyd said Meyer apologized for the incident, and Floyd exercised his discretion in not issuing Meyer a citation.
City ordinance
The Times-Echo reported on the incident in its March 27 edition. In a Facebook post on Monday, March 31, Meyer wrote that he had “not broken any city code …” and went on to say that “city code doesn’t mention firearms or discharging one, it’s is legal to fire a gun in the city limits.”
City code 7.24.010 states: “It shall be unlawful for any person to fire or discharge any firearm, pellet gun or BB gun, air rifle or any toy cannon or set off any squibs, firecrackers, or other thing containing powder or other combustible or explosive material, or to employ or in any way utilize theatrical pyrotechnics within the corporate limits of the city, except when done by an employee of the city as part of their official duties, or when hired by the city or one of its departments to do so on behalf of the city or other governmental entity.”
The ordinance was amended in 2019 to add the mention of “firearm.”
Inspection
At 8:11 p.m. on Saturday, Nov. 23, Meyer texted Sutherland: “Have you given him a certificate of occupancy? He’s living in the house now.
“He told me that he was going to do it that’s why the windows are covered.”
Sutherland responded that he would “go by there Monday morning.”
“He showed up this morning,” Meyer replied. “Ask the PD to go by to verify he’s there.”
Sutherland replied that he would try to visit the house the following day.
“When I told him he had to move his camper he said he’s close to a final,” Sutherland said.
“Wait, are you going to stretch the code again for them?” Meyer replied. “They are making a fool of this town. … ” “I haven’t stretch the code,” Sutherland replied. “They are the construction workers and owners. They have more rights than just owners who will move in. So I have to be careful what I do. I have not done any inspections on this house. Prior building inspector and Ed has done all the inspections.”
In a text message time-stamped 4:22 p.m. Sunday, Nov. 24, Sutherland wrote: “Mr. Meyer. After consulting with my counterpart inspector in Berryville who also helps with electrical inspections here, and reviewing local codes and my inspectors school notes we will wait until tomorrow to request a walk through with your neighbor. I will also ask the fire Marshal to walk through with us. If we find any negligence to life safety we still can issue citation’s tomorrow. Ed also said Jacob allowed the camper there during construction because our code allowed it. I will be reviewing our codes on this matter and other code requirements that pertain to this also before tomorrow. I can include you in our written findings and our report to the owner and Mayor in case they want to appeal what the three of us decide.”
In a Nov. 25 letter to Marple, Sutherland wrote that he inspected the home along with Berryville building inspector Ed Phillips and Eureka Springs fire marshal James Cowan. He listed three items that “must be completed in 10 days,” including a supply plenum of at least 3 inches, the installation of an exterior unit and a requirement that a temporary handrail at the porch needed to be able to support the same weight as the final handrail.
Full completion of the interior and exterior except final grade and landscaping must be completed in 30 days and final grade must be completed in 60 days, Sutherland’s letter said.
‘Please write them up!’
The same day, Meyer texted Sutherland, writing: “Forrest told you that they were in violation of code. I hope you give them a citation for staying in the house before they get a certificate of occupancy!”
Meyer appeared to be referring to thencity attorney Forrest Jacobi, who has since resigned from that position.
“I met with fire marshal. Berryville inspector and called the state inspector,” Sutherland said in a text message. “We found no life safety issue.”
“They still violated the code!” Meyer texted. “There’s zero allowances here safety is not the issue! Please write them up!”
“I understand your frustration but I have far greater code violations than this,” Sutherland texted. “I would have the police with me every day. I do my best to educate rather that write citations for every code violations.”
“No big deal just write them a ticket,” Meyer replied. “Forrest will back you up violators should pay.”
Meyer said by phone on Wednesday, March 26, that he had “asked code enforcement to check the boundaries.”
“They still violated the code! There’s zero allowances here safety is not the issue! Please write them up!”
— Harry Meyer
