Farmington Council Looks At Nuisance Ordinances

FARMINGTON — The penalty for violating the city’s ordinance that deals with unsightly yards and inoperable vehicles could increase by 100 percent.

City Council members met in a work session Oct. 7 to discuss ways to strengthen the ordinance and Dan Ledbetter, public works director, recommended raising the fines for violating the city law.

“Part of the problem is that the violation section needs to be higher and have more punch to it,” Ledbetter said.

After some discussion, the aldermen verbally agreed to a $100 fine for a first offense, $ 250 fine for a second offense and $750 for a third offense. Right now, a person convicted of violating the ordinance can be fined not less than $50 or more than $500.

Any changes to the ordinance will have to be approved by the council in an official meeting. No action is taken at a work session.

Council member Brenda Cunningham said she wants to get the “junk” out of the city but at the same time, Cunningham said she doesn’t want people to think they do not want them to live in Farmington.

Ledbetter said he is able to take care of most of the problems with a few phone calls or door hangars to those violating the ordinance. Where he needs help, he said, is the ones who violate the ordinance on a regular basis or do not respond to his warnings.

“I have 40 addresses in town that won’t mow their property unless we tell them to,” Ledbetter said.

Alderwoman Patsy Pike said she was concerned about residents who are in great need and could not afford to take care of their yards. Ledbetter responded that he has used his discretion in the past to help a resident.

On a rare occasion, Ledbetter said he has instructed an employee to mow a yard in an extenuating circumstance.

“You can tell if someone needs help. It’s only been a handful of times. We really don’t have time to do it,” Ledbetter said.

Ordinance 5.9 (G) requires premises to be kept free from weeds, rank grass, garbage and rubbish. Aldermen at the work session said they would like to see dead trees and dead shrubs added to this list.

Mayor Ernie Penn in particular pointed to property along U.S. 62 that has dead trees and shrubs piled up in the back. He said he wants to add a time limit for removing debris or brush piles from property.

Ordinance 5.9 ( F) regulates the possession of inoperable, partially dismantled or wrecked vehicles. Inoperable or wrecked vehicles cannot be on a premises for longer than 10 days, unless the vehicle is stored in an enclosed building or is behind a privacy fence.

Pike complained about a vehicle that she said violates the ordinance but the vehicle is licensed and tagged.

Ledbetter wondered about enforcing the ordinance for certain vehicles.

“That’s another question. Do I go to every vehicle and ask them to start it?” Ledbetter asked.

Me l i ssa McCarville pointed out that the public works staff doesn’t usually go around looking for violations but responds to complaints called into City Hall or submitted through the city website.

“This is on a complaint basis, though the ordinance doesn’t say that,” McCarville said.

City Attorney Steven Tennant said he planned to create two separate ordinances, one for unsightly yards and another one for inoperable vehicles. He said he would call other cities and other attorneys to address some of the questions. Ledbetter asked if the ordinance could give him the authority to write tickets as code violations and he also asked if any of the ordinance could be attached to the property owner for renters who violate the ordinance.

Penn told Tennant, “Make it simple that a lay person could understand.”

Tennant responded, laughing, “I are a lawyer and there ain’t no way to make it simple.”