News:   The Arab Tribune

Allen: junk ordinance is illegal as it's written

Martin: 'He's out in left field'

By CHARLES WHISENANT - The Arab Tribune

The Marshall County Commission is now divided over the home rule ordinance.

At Monday's commission meeting, District 3 Commissioner Buddy Allen said he thinks the county's home-rule ordinance passed last year is illegal as it was written and is being enforced.

"We messed up," he said. "I'm firmly convinced we're breaking the law."

Allen said the commission should correct the problem and rewrite the ordinance.

"As far as I know there is nothing illegal about it," said District 1 Commissioner Bill Stricklend. "I don't know where (Allen) came up with that."

District 2 Commissioner R.E. Martin and District 4 Commissioner Tim Bollinger told reporters after the meeting the ordinance may need some tweaking, but there's nothing illegal about it.

"I think he's out in left field," Martin said.

"There's a few things we might change, but we will take our time to look at it," he said. "We don't want to rush into it."

Fleming said he would like to see the cases get into the court system quicker.

Allen said he thinks the commission did a bad job writing the ordinance which needs to be addressed, but he didn't specify what part of the ordinance he thinks is illegal.

"We don't need an ordinance that's going to be this divisive," he said. "And I think the general public needs to be more involved in writing the ordinance."

Bollinger said the ordinance was not written by the commission but by attorneys for the state county commission association.

The ordinance limits the commission's authority to litter, noise, sewage, junkyards, pollution, animal control and overgrown weeds.

Stricklend said he would like to see one change to the ordinance. As it is, when the code enforcement officer cites a property owner for having junk, the case goes before the commission.

"I'd rather see it go straight to district court," Stricklend said. "The way it's written, the commission has to declare (the property) a public nuisance. The commission hired the officer. Let him decide that and then it can go straight to court and take the commission out of it.

"But there certainly isn't anything illegal about the ordinance," he added.

Allen called the ordinance illegal after Bishop Mountain resident Kent Van Winkle asked the commission Monday to enforce the ordinance as it is written.

He said his property is surrounded by 150 junk boats that the commission has done nothing about.

"This situation is worse today than it was a year and a half ago (when the ordinance was passed)," Van Winkle said. "I would have no problem if this ordinance was enforced. I'm begging you."

The boats belong to Van Winkle's neighbors.

Van Winkle wants the ordinance to have more teeth and include criminal charges.

"It is contaminating our ground water and that is our only source of water here," he said. "The intent of the people with this ordinance was to clean up Marshall County, but it's not being done."

In another property case, commissioners on Monday tabled a request to vacate a portion of Douglas Drive in Warrenton.

Steven and Deborah Douglas asked the commission to vacate the road because they don't want people driving through their property to get to TVA land, which is at the end of the dead-end road.

Wade Wright, the Douglas's attorney, said TVA has agreed to the request.

Mo Brooks, a Madison County commissioner and attorney, presented a petition with 500 signatures opposing the move.

Brooks said the TVA land is designated as recreational and vacating the road would require a public necessity, but there is none.

Wright argued the land is not designated as recreational.

Brooks said that whatever decision the commission makes regarding the road, either side could, and probably would appeal it to circuit court.

The commission tabled the request until its July 14 meeting.