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A controversial proposed “nuisance law,” geared to get owners to clean up their unkempt property, was defeated Monday by the Franklin County Commission in a 9-7 vote.

Voting against adopting the law were Commissioners Charles Keller, David Eldridge, Grant Benere, Glenn Summers, David Kelley, Lydia Curtis Johnson, Carolyn Wiseman, Scottie Riddle and Dale Schultz.

Voting for the law change were Tyler Bauer, Johnny Hand, Bruce McMillan, Spike Hosch, Jarad Shetters, Monica Baxter Jeffers and William Anderson.

The commission was faced with two resolutions on the subject — the first to give itself the authority to vote on the actual resolution to accord with Tennessee Code Annotated and the second being on the actual law change.

When the first resolution was defeated, the issue died at that point, according to County Mayor Chris Guess.

The commission’s meeting room at the Courthouse was packed with about 150 attending to air their positions, either for or against the proposed law.

Seven spoke during a public hearing with six airing comments against the nuisance law.

Those in opposition said the resolution the commission was considering was too vague and would leave potential for abuse of power by those tasked with enforcing the codes. They also cited their ability to use their property as they see fit would be infringed upon, and how the law would be enforced would be up to interpretation on issues such as grass height.

Several said it would be pitting neighbor against neighbor.

Mark Montoye, a Winchester Springs resident, was the only one to speak in favor of adopting the nuisance law. He said he’s been faced with a neighbor who has used the property adjacent to his to accommodate diesel trucks and their related products which has negatively affected the immediate area.

Montoye said he’s not worried about the nuisance law pitting neighbor against neighbor because he’s already been dealing with that situation for a decade.

“I just want some relief,” he told the commission.

The Legislative Committee had voted on June 6 to forward the resolution to the commission that defines what will be required in the new law.

Schultz was the only committee member to vote against forwarding the resolution to the commission. Committee members Eldridge, Bauer, Summers and Benere were in favor of the resolution.

Schultz, who represents the commission’s Third District which includes Huntland, said he was contacted by area farmers who expressed concern about how the new law would affect them. He added that they voiced their opposition.

“People in my district don’t want this, and I’ll represent them,” he told the committee before casting his vote. “This has got farmers’ attention. Maybe they don’t understand it, but it scares them. They don’t want litigation.”

Guess, who was instrumental in drafting the resolution after comparisons were made to other similar statutes in Tennessee, said the intent is not to impact farmers who have farm equipment they suspect could be in question. He added that painstaking effort was taken to ensure that the intent of the law is to address health and safety issues related to unkempt property.

Guess previously told the committee that some residents have said they have been infringed upon by neighboring landowners who have let their property deteriorate into a dilapidated condition.

He said some property owners have neglected yard work and have junk and other debris spread about. He added that worn-out tires are also an issue because there’s a cost associated with their disposal, and for that reason, some residents do not get rid of them.

“If we don’t take a stand and adopt some things to address this, it’s going to take over the entire county, but we need to go about it in the right way,” Guess said.

He said that the county would have to develop “nuisance codes” that would address the concerns expressed by residents who have issues with unkempt neighboring property.

Guess referred to Putnam County and the city of Millington in Shelby County which have adopted nuisance laws to control the problem in their jurisdictions, and Franklin County has templates to follow in drafting its own laws to handle such situations.

“We don’t need to reinvent the wheel,” Guess told the committee, which he urged to move soon on addressing the issue.

Guess told the committee on June 6 that the law calls for hiring a codes enforcement officer and creating a seven-member Health and Safety Standards Board to enforce and oversee the law and how violations are handled.

He used an example that a non-running tractor on a farm that is essentially a yard ornament would be exempt from the law because it would have historic value and would not be deemed a health or safety hazard. He added that the board would have leeway in how the law is implemented.

 The County Commission was approached in January 2022 by a group of Oak Grove/Alto residents who asked the commission to change statutes so that more control can be administered to reduce problems they associate with trailer parks in their community.

Residents Kevin Cox and Tom Whiteaker told the commission that tighter regulations are needed because a move had been made to develop a multi-family housing area in the 1500 block of Oak Grove Road to accommodate five or six trailers.

The residents said the development would increase traffic concerns, reduce property values, increase the crime rate in a quiet neighborhood and could deter from the area’s aesthetic appearance with an unregulated trailer park becoming run down like others in the area have become.

The commission discussed what could be done to remedy the problem, including changing the planning and zoning laws so that they more clearly define how trailers can be regulated.

Cox said trailers in the area have not been maintained, lots have become overgrown with vegetation, and the housing is substandard.

Whiteaker referred to a $400,000 home in the neighborhood that a family may be forced to sell at a huge loss to get away from the problems associated with the nearby trailers.

Whiteaker presented the commission with a statistical list he said shows that the crime rate linked to the trailers is at a high level, and their presence poses a safety threat.

“I’m a senior citizen, and I’m a taxpayer,” he said. “Something’s got to give. This has got to be cleaned up.”

Then-Commissioner Eddie Clark suggested at the time that the county could consider a “nuisance” law, which would be handled through the Legislative Committee, to address the issues related to illegal activity.