B

Franklin County is moving closer with caution toward adopting a “nuisance law” geared to get landowners to clean up their unkempt property.

The Legislative Committee on April 6 discussed forwarding a resolution for the County Commission to consider at its April 17 meeting. However, committee members agreed more details need to be worked through so that the new law does not overstep its intended target areas, infringing on the rights of property owners.

The committee agreed to have a draft resolution prepared for the commission to consider at its June meeting.

Members agreed April 17 is too early, and the commission does not meet in May, so June would be the next feasible time frame to have the resolution ready to go before the commission.

County Mayor Chris Guess stressed urgency in getting the new law adopted but simultaneously cautioned about taking the time necessary to ensure that it covers the desired enforcement areas.

Commissioner David Eldridge, who chairs the Legislative Committee, used an example where a resident has a small vintage farm tractor in his front yard that probably does not run but is symbolic to the owner’s agricultural heritage.

He said the tractor is probably no harm to anyone, but its inoperable condition might deem it a candidate for removal, depending on what the new law may require. He added that he wants to make sure such issues are addressed in the new law.

Guess said nuisance-law samples have been received from other government entities that have them, and Franklin County could adopt something similar that more closely aligns with the county’s objectives.

He referred to Putnam County which has a law that gives violators 10 days to correct their infringements. He said, in Franklin County’s case, it might be better to extend the time frame to 30 days to give property owners more time to comply with the requirements.

Commissioner Tyler Bauer, a Legislative Committee member, said there’s a question about whether to make the new law “perfect” or do nothing at all. He added that a codes-enforcement officer would have leeway in situations, such as with the small farm tractor, where exceptions could be made in how the law is enforced so it would not be an infringement on someone who is not causing a problem.

Commissioner Grant Benere, a Legislative Committee member, said he doesn’t have a problem with the law examples being considered, but he does have a problem with the wording.

“It’s about health and safety, not about what isn’t pleasing to someone’s eye,” he said, adding that the issue needs to be clearly addressed in what the county adopts in a final version.

Guess said the county will probably have to have a codes officer enforce the new law once it is implemented. He added that the officer would have to go through specialized training which would take some time.

Guess addressed the Legislative Committee on March 7 about the nuisance law.

He said at the time that he has received concerns from residents who say they have been infringed upon by neighboring landowners who have let their property deteriorate into a dilapidated condition.

Guess 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.

He said that after Franklin County makes its comparisons to those other government bodies, it can quickly adopt its own nuisance law.