City leaders hear comments on nuisance property proposal
Published 9:00 pm Friday, March 2, 2012
Brookhaven aldermen heard discussion about a proposed nuisance property ordinance at a public hearing Thursday night, and they seem optimistic that some version of the ordinance could pass at the city board meeting next week.
Discussion centered on recurring criminal complaints at Hayes Trailer Park, located on Industrial Park Road.
Several speakers Thursday night identified themselves as residents near the Hayes Trailer Park. They spoke about conditions at the park and urged the board to address the issue.
“I support this because it makes me feel safe,” said one woman who lives near the trailer park. “I have seen (the trailer park) decline over time. Now, I don’t like to walk by it by myself.”
Ward Six Alderman David Phillips proposed the chronic nuisance property ordinance several weeks ago. According to Phillips, the city has no current way to address the recurring criminal complaints at Hayes Trailer Park.
Phillips said the ordinance would give the city a tool to force the property owner to address conditions at the park.
The owner of the property, Charles Hayes, lives in Brandon. Phillips has repeatedly characterized him as an absentee owner who does not manage the trailer park.
“This is the poster child of bad property management,” Phillips said Thursday night.
The Brookhaven Police Department visited the site 80 times in 2011, according to police records obtained from Phillips.
Phillips, Ward Five Alderman D.W. Maxwell and Ward Two Alderman Terry Bates were placed on a committee by the mayor to revise the ordinance Phillips originally introduced.
An issue city leaders are still divided on is the time frame within which a property can be declared a chronic nuisance.
Phillips’ original ordinance says after three criminal complaints or code violations at a given property within a 60-day period, aldermen can take action against it.
However, lowering that threshold period to 30 days was discussed, as was restricting the scope of the ordinance to only criminal complaints.
Landlord Sue Gunnell supported restricting the time window, suggesting the number of required incidents should be increased and the time period decreased. She also said a system should be put into place providing landlords with notice when law enforcement visits a rental property.
“If the police come for something serious, I want to know about it,” Gunnell said.
However, Mayor Les Bumgarner said a period of 60 days does not mean the board would have to wait 60 days to act. If three incidents occurred in five days, the board could take action immediately with no need to wait for 60 days to elapse.
Larry Davis also spoke to support the ordinance.
“I want this city to be the best it can be,” Davis said. “What’s going on in that trailer park is not the best for anybody.”
Gunfire persistently occurs on the site, Davis said. He warned that eventually, tragedy could come of this.
“A stray bullet has no conscience,” Davis said.
On the issue of gunfire, Police Chief Pap Henderson said a lack of cooperation from residents has hindered his ability to investigate the issue.
“There’s people that want us to do something, but no one will step forward and tell us who’s doing it,” Henderson said.
Roy Smith was present and voiced strong opposition to the ordinance.
“I think this nuisance ordinance has racial, social and economic overtones all over it,” Smith said.
Smith said other city laws and ordinances make the nuisance property ordinance unnecessary. Smith also said the ordinance ignores the true cause of problems at the Hayes Trailer Park.
“Whenever you have poverty, you’re going to have drugs, violence and alcohol,” Smith said.
Phillips dismissed the idea of any racial basis motivating or resulting from the ordinance.
“This is not racial,” Phillips said. “We’re trying to protect the people there.”
Maxwell and Bumgarner both indicated a belief the ordinance will be ready for a vote by the full board at its meeting next Tuesday night.
Ward One Alderman Dorsey Cameron and Ward Three Alderman Mary Wilson were absent from Thursday’s hearing.