Vol. 139 No.28

Wednesday, July 12, 2006

Nuisance ordinance getting a workout

Some residents say planning and zoning would be more effective

By Maggie Williams
NH Staff Writer

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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