POWDER SPRINGS - A 90-year-old Powder Springs woman has been issued a warning that cites more than 35 code violations for an outbuilding that has stood on her property since World War II. However, her son believes the alleged violations are excessive and said the city simply wants an excuse to take the building and turn it into a bike rental and storage facility for the Silver Comet Trail.

The city's code officer issued the warning to Blanche Fuller on July 30 for the small, white, stucco building on her property at Old Lost Mountain and Powder Springs-Dallas roads. That five-page warning gave Fuller until Aug. 30 to fix a plethora of issues, including sanitary, structure, plumbing, drainage and electrical issues, as well as roof leakage.

Not only do Fuller and her son, Dr. Dwight Frisbee, say the code warnings are excessive, they also claim that 30 days was not enough time to fix every issue. Tommy Westbrook, who rents the building with Frisbee for his T-shirt business, estimates that the repairs could cost between $40,000 and $50,000.

"If it's not presentable from the outside we're willing to fix it," Westbrook said. "But what they've got down is $40,000 to 50,000 of work for a lady on a fixed income, that's not fair."

Moreover, Frisbee and Westbrook, claim that many of the code violations are bogus. One violation requires that: "roof drains, gutters and downspouts shall be maintained in good repair and free from obstruction." Frisbee points out that the building doesn't even have gutters.

The city's code enforcement officer, Brenda Haythorne, said she couldn't comment on the case because it's still an open matter. Lionel Postic, an assistant to Randall Bentley, who is the city's attorney, said Tuesday that the code violation is just a warning and that the city attorney and the code enforcement officer will have to speak about the case and determine the next step.

Frisbee, however, believes that the city has already made plans for the building, which is located adjacent to the Silver Comet Trail. He thinks the city will issue his mother a citation very soon, and when his mother can't afford to bring the building up to code, the city will take it to use for a bike rental facility.

The notice of violations came after Westbrook, who has been renting the outbuilding from Fuller since 1995 for $200 per month, let his business license expire and went to the city in May to have it renewed. At that time, he was told that the building would have to be inspected in order for him to get a new business license. For the past few years, Westbrook said he has been using the building as a workshop and storage place for his T-shirts and equipment. Several years ago, however, Westbrook was using it as a store where he sold Beanie Babies and trading cards.

The inspection took place in July, hence the July 30 warning. Frisbee said the building has never been inspected by the city, even in 1995, when Westbrook first applied for his business license. Westbrook said, during the inspection, the code officer and inspector told him someone had complained that the roof was leaking.

Not so, says Westbrook, who claims he and Fuller are the only people who go inside the building and would have knowledge that the roof was leaking.

Westbrook said he agrees with Frisbee and thinks the city wants the building for a trail facility.

Westbrook said he has tried calling the mayor's office, but his calls have gone unreturned.

Fuller, who has lived in the main house on the property since 1981, said Tuesday all she wants is to keep the building.

"I want it left like it is. It was a nice little income as long as I could rent it," she said.

Fuller owns the property with the main house and outbuilding in an estate trust and plans to pass it on to her stepdaughters when she dies.