Story - The Meade County Messenger


Vol. 115, No. 25	June 18, 2008

Abandoned property issues given ‘temporarily’ to P&Z administrator

By LARRY SEE JR.
Messenger Staff

County Planning and Zoning Administrator Tony Coletta is now “temporarily” in charge of abandoned building enforcement.

County Judge Executive Harry Craycroft recommended the action, which Fiscal Court magistrates unanimously approved at their June 10 meeting.

The matter wasn’t included on the printed agenda, but items can be added during regularly scheduled meetings.

Craycroft said he had reviewed the ordinance, which stated it can be enforced by the Planning and Zoning administrator, after prior Court approval.

“I would like the Court to grant Mr. Coletta the authority to issue citations,” Craycroft said.

Under this, the county’s abandoned properties can be cleaned up and matters can move onto the next step, which is through the office of County Attorney Margaret Matney and eventually, the courts.

“Right now he can follow up on these matters, but he has no citation powers,” Craycroft said.

“I would like to request that we at least grant him citation powers, at least for the time being,” he continued.

Coletta has written letters, but wanted to deliver the citations face-to-face.

“You’ve got to do it face-to-face, if at all possible,” he said, in response to a question from Magistrate Herbie Chism.

The county doesn’t have a nuisance ordinance, so Coletta can’t enforce those issues. The nuisance ordinance was voted down by a previous Court.

‘We are looking to get one in place to present before the magistrates,” Craycroft said.

In response to further questioning from Chism, Coletta said he will continue to use the “notice of violation,” forms, adding issues will proceed if not corrected within the set time limits.

“This will just be a last resort if nobody is doing anything,” Coletta said.

Magistrate Tony Staples said he has received several calls about abandoned properties within the last three weeks.

He moved to grant the request, which was supported by Magistrate Mark Hubbard.

Matney confirmed taking the matters to court would definitely be the last resort.

She said the matters hopefully would be resolved before it came before the courts, adding if that was the case, there would be no charges.

If the case did make it to the courts, was in process, and the item removed, there could be a decision made to adjust the fees and fines.

“This is an attempt to be a last resort and if they are not able or refuse, then we will prosecute it like any other case,” Matney said.

“If it goes to court and it is not dismissed, the person would be responsible for court costs, fees and fines. There are penalties involved,” she said.

In a related matter, Magistrate Tom Goddard was assured there wasn’t a meeting of the Planning and Zoning Commission in May.

Goddard was told by an unidentified person to ensure no checks were written for the commission.

Craycroft said timesheets needed to be submitted for payment, prompting Coletta to say he was the one to sign them, and none were approved.

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