County takes civil action against property owner

Published 6:00 am Thursday, June 17, 2021

While many property owners enjoy having more freedom to do as they please when living in the county compared to a city, there are still limitations, and one property in particular has become the subject of a civil action by the Limestone County Commission for failure to follow the rules.

District 1 Commissioner Daryl Sammet said multiple attempts have been made over the last three years to have a property on Saddle Trail brought back into compliance with the junk and debris laws of Limestone County. The law forbids “certain accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated territory of the county.”

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In the case of the Saddle Trail property, Sammet said, “it’s done got to be a serious health issue, and I think it needs to be addressed.”

County attorney Mark Maclin explained during the commission’s June 8 meeting that the property in question had already gone through “the typical process” leading up to the civil action. A complaint was referred to the Limestone County Health Department, which then had representatives visit the property to see if it was in violation of the law. Maclin said citations were issued to give the property owner a chance to bring the property back into compliance.

“That’s been done, actually, a couple of times, and as it now appears, the owner has been non-responsive,” Maclin said. He added, “There seems the possibility the property may be vacated or not regularly occupied.”

Maclin said civil actions in cases like these are “few and far between,” and generally reserved as a “very last resort.” Commissioners voted unanimously in support of taking the action, and Maclin said Tuesday that it is now up to a judge to find the property in violation and order the owner or anyone else in charge of the property to bring it back into compliance.

When asked how the property violated the law, Maclin declined to comment. The resolution approved during the meeting said the premises had been cited “for failing to clean up junk, trash, debris and other matter.” The law includes “garbage, refuse … salvaged materials, household furniture … used motor vehicle tires, inoperable motor vehicles, kitchen and other household appliances, rags, paper, cardboard, and other nondecorative matter, including any materials within which water may accumulate or which may shelter or encourage the growth of insects or rodents, or materials which generate obnoxious odors, or which offend the esthetics of the community” as items that could lead it citation for noncompliance, though there are exceptions for junkyards, farms and certain other businesses.

The News Courier reached out to the Limestone County Health Department for additional information but did not receive a response before its press deadline.

Other business

In other business, the Limestone County Commission approved the following:

• Resolution to authorize civil action for determination of public access at Riverside Acres subdivision and removal of obstruction;

• Submitting a grant application to fund three new Limestone County Sheriff’s Office deputies. The grant will be $375,000 with a county match of $192,000;

• Removing David Seibert from the Mental Health Center of North Central Alabama’s board of directors and appointing Johnny Turner, with Turner’s term ending June 8, 2027;

• Amendments to the License Commission staffing plan;

• Promoting Amanda Morgan to director of Limestone County Community Corrections; and

• Seven subdivisions — Piney Chapel Estates, a 17-lot minor subdivision in District 1, on the east side of the Piney Chapel Road and Dugger Road intersection; Reece Estates Subdivision Tract 4, a 2-lot minor subdivision in District 3 on Brownsferry Road; Motes Subdivision, a 2-lot minor subdivision in District 1 on the west end of Mason Woodfin Road; Big Creek Farm Subdivision Northeast, a 3-lot minor subdivision in District 4 on the west side of Tillman Mill Road, about 1 mile south of Elk River Mills Road; Naylor Subdivision, a 4-lot minor subdivision in District 3 near the intersection of Brownsferry and Carter roads; Gatlin Acres Phase III, a 10-lot minor subdivision in District 3 near the intersection of Cedar Acres Lane and Cedar Acres Drive; and Highland Ridge Phase II, a 56-lot major subdivision in District 2 at the intersection of Nick Davis and Jones roads.