Alderman: City needs to be more proactive in code enforcement

Published 5:00 pm Sunday, February 9, 2025

Brookhaven Ward 4 Alderman Jeff Henning wants the City to be more proactive when it comes to enforcing codes, especially when it comes to non-working vehicles in yards and driveways.

Addressing Building Inspector David Fearn and Police Chief Kenneth Collins, Henning asked why aldermen have to keep turning in complaints about such things instead of them being seen and handled by the City’s code enforcement officer. 

“I’m just wondering why we have to turn it in and the code enforcement officer isn’t out riding, and when they see an infraction, write this infraction up and get it taken care of,” Henning said. “I wish we’d take more of a proactive look at cleaning our city up instead of reactive, when we have to write one of them up.”

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“Mr. Henning, when you’re dealing with private property, even though it’s code, you have to be real careful going on somebody’s private property,” Collins responded. “We ran into this issue before. You can’t just go on people’s property and go messing with their stuff.” 

“I don’t understand what you mean by ‘messing with their stuff,’” Henning replied.

On request from the chief, Board Attorney Bobby Moak began to speak on enforcement of vehicles parked illegally in the streets or on sidewalks. 

“No, the ones I’m talking about are trucks that have been abandoned in the driveway. You know, and obviously it’s not functioning, and there’s no tag on it,” Henning said. “Chief, you’re saying you can’t even go in there and tell them?”

“No, we can tell them when we know about it, when we find it,” Fearn said. “We can write and send them a letter saying they’ve got X number of days, 10 days, to get it done.”

The alderman then asked why the CE officer was not writing the infractions. 

“If she’ll come with me, I can show her about 15 of them in about 30 seconds. So, Chief, is that something that she cannot do proactively?” he asked.

Chief Collins said the officer could write a ticket, but not interfere with the property itself. 

“You don’t bother people’s stuff on private property. [You could] get sued. That’s a very slippery slope. If you got a car on somebody’s property and you over there towing it off of private property, it’s a whole legal thing you’re getting into,” said Collins.

With more back-and-forth discussion among the three, it was stressed that once a ticket has been issued, the owner of the property has 10 days to rectify it before further action will be taken by the City. 

“What I’m asking, Chief, [is] I wish we’d take more of a proactive approach to getting off the streets, or … out of the drives and out of the yards and junking up the neighborhood,” Henning said. “Is that unreasonable, Chief?”

“We’re going to do everything pertaining to the law, and we’re going to make sure we’re legally right,” the chief answered.

Fearn then said when the CE officer is performing her police functions, she could let him know what she has seen and he would then write the letters for it. Henning thanked him, and the discussion ended.

In other business, the Board:

• Approved WGK Inc. to advertise for work on the Wastewater Treatment Plant, to be paid from ARPA funds.

• Awarded the off-road diesel bid to James Case Oil at $2.89.9

• Accepted the low quote from Revolution Data Systems for preservation of the first minute books of the City at a cost of $27,196. The other quote was for $35,700 from Alliance Renewable Technologies. The Board previously approved $30,000 for the project, Dec. 17, 2024.

• Approved to advertise for bids on City-wide lawn maintenance.

• Approved pay request No. 5 from Greenbriar Digging Services for work completed on the 2023 Brignall-Browns Loop Sewer Improvement CDBG project in the amount of $207,110.26.

• Approved the selection of WGK Inc. as engineers for the 2025 CDBG project.

• Approved Sample, Hicks & Assoc. for the 2025 CDBG project as administrator.

• Approved Airport Improvements Program Consultant Agreement between the City and Dungan Engineering for FY2025 Grant.

• Approved the lower quote of $18 per ton from Sunbelt Crushing for crushing waste concrete. The other quote was $20/ton from Mid Delta Equipment.

• Approved the single quote of $7,650 from Greenbriar for the installation of an apron and culvert on Hwy. 85 at Natchez Drive.

• Approved pay request No. 3 (final) of $11,224.84 on the Brookway Boulevard Traffic Signalization Improvements Project. Approved Summary Change Order No. 1 (final) of $3,307.25 on the same project.

• Approved Brookhaven Police Capt. Penelope Banks and Sgt. Det. Timothy Sander to at-tend the Supervision and Leadership Level II Class at MLEOTA in Pearl, April 7-9. City will pay registration of $329 each.

• Approved a one-year length-of-service increase to Gerald Dickey in the Solid Waste Department from $15 hourly to $16 hourly. 

• Tabled a recommendation from the Planning Commission to approve a cell tower on North First Street.

• Opened the position of Building Inspector to begin receiving applications. Current inspector David Fearn will be retiring.