Aldermen Want City’s Property Maintenance Ordinance Enforced

February 7, 2018
By: 2

Smithville Aldermen have become frustrated with the lack of enforcement of the city’s property maintenance ordinance and want things to change immediately.

For months, Alderman Danny Washer has called for the city to force those with unsightly and unkept properties to clean them up or be subject to civil penalties. Now Aldermen Josh Miller and Shawn Jacobs have joined Washer in calling for enforcement.

“I don’t see why this has taken so long. It is completely unacceptable. I am not blaming anybody but somebody is responsible for taking so long to come up with a resolution,” said Alderman Jacobs during Monday night’s monthly city council meeting.

“Last year we had one (location in particular) and three different times they put mattresses, couches, and chairs outside and we sent an officer over there to talk to them. They cleaned it up and two weeks later there would be another set out there. It went on just about off and on all summer. That’s just one street. I know there are property values that have dropped simply because of that,” said Alderman Washer.

“I had a lady come in the office to pay her water bill last week and she named me two properties, one on Forrest and one on Earl Avenue of garbage and junk laying outside and asked me “what can you do”, added Mayor Jimmy Poss.

The city’s existing property maintenance ordinance provides for enforcement stating that “It shall be the duty of the Building Inspector of the City of Smithville to serve notice upon the property owner of record in violation. The property owner shall be notified in writing specifying the nature of the violation, specifying the corrective measures to be taken, and require compliance within not more than 30 days. The notice may be served upon the owners of the premises where the violation is located by:

Posting notice in plain view on the property in violation, or sending notice by mail.

The date the notice is posted or received by the offender shall serve as the beginning of the specified time period allowing for corrective action.”

The ordinance further states that “Failure by the property owner to take corrective action to bring the property within compliance shall constitute a violation and be a civil offense.”

“Any person violating this chapter shall be subject to a civil penalty of $50 for each separate violation of this chapter. Each day the violation of this chapter continues shall be considered a separate violation,” according to the ordinance.

In recent months city officials were to have contacted MTAS (Municipal Technical Advisory Service) about crafting a new ordinance with stricter enforcement provisions and penalties but nothing has yet come of that.

During Monday night’s meeting, Alderman Miller said he contacted officials at the City of Sparta to inquire about how they deal with property maintenance.

“This is what I was told. They don’t go out looking but they act on complaints. The building inspector does it there. He goes out and confronts the homeowner. When he confronts the homeowner, he gives them 10 days to clean their place up. If its not cleaned up in 10 days they are cited into court. My question was what if it’s a renter?. They told me that they go on the tax card and they send that person (landowner) a certified letter and when they get the receipt back they have 10 days. Then if its not cleaned up then the homeowner is cited into court. They have very few people who ever get to court because they (violators) don’t want it to go that far. But if it (violations) continues they have the city to clean it up and they put a lien on their property. If they (Sparta) can do it, we can do it,” said Alderman Miller.

In the case of renters, the city could go in and clean up the properties if violators don’t comply and the landlords can be assessed a tax lien to recover the city’s costs, but City Attorney Vester Parsley said those landowners must be given due process.

“A majority of the people we have had problems with in the past are out of state landowners. Some of the properties were even owned by corporations and we could not trace an actual person who owned it. We sent letters and got no response from any of them. You have to give the landlord due process before taking action against them,” said Parsley.

While the city has had the city building codes inspector to act as the enforcement officer in the past, it may choose to direct the police department to serve citations to violators in the future once a citizen complaint is made, notices have been issued by certified letter, and violators still refuse to clean up their properties.

The mayor and aldermen discussed having a workshop to possibly come up with amendments to the existing property maintenance ordinance. In the meantime, City Administrator Hunter Hendrixson suggested that the city start enforcing what is already on the books.

“If we get a complaint and if the city has to go in after a certain amount of days and clean it up (property) we’ll put a tax lien on them but lets enforce something now, issue certified letters and then a citation,” said Hendrixson.

The city’s “Minimum Property Maintenance Requirements” states that “no person owning, leasing, renting, occupying, including vacant lots, shall maintain or allow to be maintained on such property, except as may be permitted by any other city ordinance, any of the following conditions visible from any public street or alley:

Junk, litter and trash;
Outdoor nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, or any appliance with a latching door;

Shopping carts in any front yard, side yard, rear yard or vacant lot of any property;

Dead, decayed, diseased or hazardous trees, or any other vegetation a majority of which (excluding vegetation located in flowerbeds, or trees, or shrubbery or existing hayfields) exceeds twelve (12) inches in height, or which is dangerous to public health, safety, and welfare, located in any front yard, side yard, rear yard, or upon any vacant lot”.

February 7, 2018
By: 2

A 2017 DCHS football athlete plans to continue to his career on the college level.

Gage Delape, a senior, signed Wednesday to play at Lindsey Wilson College in Columbia, Kentucky, the home of the Blue Raiders. Delape’s father Michael Delape; DCHS football coach Steve Trapp; assistant coaches Thomas Cagle, Justin Burum, and Tommy Hinch; and Delape’s fellow teammates joined him for the signing.

“I’ve got good friends up there that’s already playing football and its closer to home and I know a lot of my family and friends would want to watch me play. I just felt more comfortable there at Lindsey than anywhere else. They told me I would probably start out as an offensive tackle prospect but they might switch me around. I want to thank all my high school coaches and Coach Trapp especially. He has been a mentor since I was a freshman here. He has shown me how to be a better human being each and every day,” said Delape.

LWC is a private four-year college affiliated with the United Methodist Church. The school currently offers associate degrees in 10 areas of study, bachelor’s degrees in 26 areas of study with Minors in 20 areas, and master’s degrees in counseling and human development, Education, and interactive design. Lindsey Wilson is a member of the Mid-South Conference of the NAIA.

“We are fortunate as the DCHS football program to watch another guy have the opportunity to play college football. Gage Delape is signing to play for Lindsey Wilson. We had a couple of guys go there last year so it seems we have a little pipeline with those guys and a good relationship and I feel like they are getting a very good football player,” said Coach Trapp.

“Gage has meant a lot to our program. He is one of those guys who has played a lot of football for us. He started as a sophomore and has played every position on the offensive line except for center and that’s one thing Lindsey Wilson likes. His versatility to play multiple positions. He is a big guy who has the ability to bend and move with long arms so he fits the profile. He has the potential to go up there and play some tackle or guard on the offensive line for them. I just think it’s a good fit for him and them especially with the guys from here who went down there last year so there is some familiarity there. I’m just excited again for DeKalb County Football to have somebody else go to the next level,” added Coach Trapp.

Delape was the 2017 team’s Offensive Lineman of the year and he was named to the 1st Team All-Region.

February 7, 2018
By: 2

Members of the DeKalb County Republican Party will caucus Sunday afternoon, February 11 to formally nominate candidates to run against Democrats and Independents in the August 2nd General Election.

The Mass Convention will be held at the courthouse starting at 2 p.m. and all DeKalb County Republicans are invited.

Although they are not yet officially nominated, most of the candidates are already known as they announced their intentions during a party “Meet and Greet” last month at the courthouse.

Those candidates include Sheriff Patrick Ray and Trustee Sean Driver, who are each seeking their fourth terms, Susan Martin for Circuit Court Clerk, and Reed Edge and Danny Hale who are both in the hunt for the GOP nomination to run for Road Supervisor.

Six persons are seeking the GOP nod to run for the County Commission including the following:

Tom Chandler in the 1st district
Sabrina Farler in the 2nd district
Greg Matthews in the 4th district
Jerry Adcock in the 5th district (incumbent)
Matt Adcock in the 6th district
Bruce Malone in the 7th district

Others still have an opportunity to announce.
The only requirements to participate as a delegate to help nominate candidates are that you are a registered voter in DeKalb County and a Republican.

Democrats will soon get their turn.

The DeKalb County Democratic Party will hold a Mass Meeting for county and state Democratic candidates, Saturday, February 17 to kick off the election year. The event will take place at the DeKalb County High School cafeteria, beginning at 10:00 a.m.

Meet the candidates for Governor, US Senator, US Representative, State Senator, State Representative, County Mayor, Circuit Court Clerk, Road Supervisor, Sheriff, County Clerk, Register of Deeds, Trustee, County Commission, School Board, City Council.

Mary Mancini, Chair of the Tennessee Democratic Party, will be the keynote speaker.

The event will feature live music by Jake Hoot, coffee, donuts, and conversation.

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