| There
is at least one reason to keep a clean yard: the nuisance ordinance
which, if violated, can result in up to $500 in daily fines until
the problem is corrected.
At least one case, against Larry and Hannah Hammond, has recently
gone through the court system, resulting in fines and orders to
clean up their property.
And there could be more.
With at least three complaints within the last month, County Attorney
Charles Carter said people are aware of the ordinance, but some
are hesitant to file complaints against their neighbors. Still,
unkempt properties were noted several times in the Owen 20/20
surveys as areas the county needs to address.
One response said “better enforcement of nuisance laws”
would help clean up the county. Kenny Suter, a Wheatley farmer,
disagrees. “We need zoning,” he said. “We don’t
need 100-percent zoning, but the county does need some controls.”
Other discussions have suggested better enforcement of ordinances
would eliminate the need for planning and zoning, an issue that
has been heavily debated in recent years. “Most realize
we need some kind of restrictions,” said Junior Grisham.
“Things are getting out of hand.”
The current ordinance (#67), adopted in 2003, most directly applies
to unsightly or unhealthy conditions on a property. It is deemed
unlawful for the “owner, occupant or person having control
or management of any land within Owen County, including within
any private resort, to permit a public nuisance to develop thereon.”
Carter said the most common complaints are of inoperable automobiles
and the accumulation of garbage or refuse around a home. Persons
filing complaints must realize, however, that vehicles stored
at least 200 feet from a public roadway or completely enclosed
within a garage or behind a “solid fence of one color and
same material” are exempt from this ordinance.
Many of the complaints Carter has reviewed did not take this into
account and, therefore, did not proceed past the stage of a complaint.
“I am willing to actively enforce (the ordinance), but some
complaints infringe completely on people’s rights of peaceful
enjoyment of their property,” Carter said.
A county-appointed citizen group will go before the fiscal court
in August to present findings from a study conducted during the
last year. Carolyn Keith, a member of the committee, said the
growth-management committee’s duty was to examine the county’s
condition, seek community input and look at other counties and
high-growth areas. Before making its final suggestions to the
court, the action group plans to set up community forums in each
magisterial district.
The draft of the study will be presented at the fiscal court meeting
scheduled for 6 p.m. Aug. 8.
Copies of the nuisance ordinance or any ordinance are public record
and are available at the county judge-executive’s office.
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