Public to weigh in on junk rule
By Steve Herring
Published in News on December 22, 2016 9:53 AM
The public next month will have the opportunity to weigh in on proposed revisions to Wayne County ordinances governing mobile home parks and abandoned and junked vehicles.
Wayne County commissioners will hold a public hearing on the proposals at 9:30 a.m. Tuesday, Jan. 17, in their meeting room on the fourth floor of the Wayne County Courthouse Annex.
No changes can be made until after a public hearing is held.
The proposals were the topics of the commissioners' Tuesday morning work session.
One suggested change in the abandoned and junked vehicles ordinance spells out the responsibility of the sheriff and code enforcement officer by defining and including private lots, recorded subdivision lots and mobile home parks, County Planner Chip Crumpler said
Crumpler said language in the proposal defining motor vehicles is pulled straight from the general statutes, which covers "all machines designed or intended to travel on land." The proposal adds "on water" to include boats.
Commissioner Joe Gurley was concerned as to whether all-terrain vehicles were considered with boats under the recreational vehicles category and requested that ATVs, dirt bikes and unlicensed motorcycles be added into the proposal.
Another change would add terminology that the county enforcement officer may determine that a vehicle is abandoned and order it moved following an investigation initiated after receiving two complaints, Crumpler said.
The proposed changes eliminate a vehicle redemption fee set by commissioners and would allow two vehicles to be stored under car covers. Currently the limit is one.
"The car cover must be in good repair," Crumpler said. "We have allowed that a notice (to move the vehicle) be affixed to the door of the residence or place of business where the vehicle is located. We extended the time period for removal by the homeowner from seven to 14 days."
The proposed changes also adds exemptions for unlicensed vehicles, antiques, vehicles listed for tax purposes and not constituting a nuisance.
During the public comments portion of the board's Tuesday meeting Steve L. Herring of Goldsboro said the proposal was unclear in illustrating who would have to pay for the removal of the vehicle.
County Attorney Borden Parker said the county should not be responsible for paying for the disposal of junked vehicles on properties when the property owner themselves call for the removal service.
Commissioner Ray Mayo said agreed with Herring and said he thinks that is not clear in the proposal and should be clarified.
County Manager George Wood said by the public hearing it would be made clear about who should pay for disposal.
Commissioner Joe Daughtery said the proposal eliminates financial penalties because the property (junked or abandoned vehicle) is being lost.
Proposed change to the mobile home park ordinance include:
* increasing civil penalties for violation from $50 to $100 and changing the amount of time for payment from 10 to 30 days.
* removing a requirement for permanent lot markers for 911 addressing standards since that already is handled with the addressing ordinance standards.
* adding a complaint procedure section regarding the requirement for two different complaints and discretion of official to issue written warning for non-compliance.
* adding the receipt of two complaints of noncompliance against a park to initiate an investigation by the code enforcement officer. If the investigation revels a violation, the officer has the authority to issue a written warning or civil citation and "may obtain criminal process" for the violation.
Daughtery questioned wording that each day of continuing violation would be a "separate and distinct" event.
"In other words, once a violation has been determined, and the park owner is given that notification, are you saying that every day going forward would be a violation?" he said.
As the ordinance is written that is correct, Parker said.
"That is fairly standard language," Wood said. "Obviously, the intent is you want compliance with it."
"I understand," Daughtery said. "But basically you are only giving him one day to cure whatever the problem is. You would need to give some period of time to allow him to cure whatever the problem is."
However, Wood said the county does not typically start immediately after a violation is issued.
Normally, a written warning is given first, Crumpler said.
Daughtery said his concern is that viewing each day as a separate violation could mean a $100 fine each day.
The written warning is when the park owner is put on notice, Wood said.
"So if he takes care of it, it is not an issue, and you are not hitting him every day with a separate offense at that point," he said. "You are putting him on notice he needs to get it fixed, and you give him a reasonable amount of time to do it."
Daughtery still was not satisfied and asked for wording allowing for a period of time and suggested 14 days.
Then each day after the 14 days would be a separate violation.
"I will work on something," Parker said.