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Commission: Clean up or pay up
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| Atmore man urged to get rid of junk or pay penalty |
By Lisa Tindell
One Escambia County resident will soon feel the sting of a law in force through the Escambia County Commission.
George Roberson of U.S. Hwy, 31 near Atmore has been cited with violation of the county’s junk ordinance passed in 2007.
Escambia County Environmental Officer Nancy Barton issued a citation to Roberson at his home near Atmore on April 7, according to her testimony in a hearing before commissioners Monday.
“I was aware of the situation at the location for sometime,” Barton said. “Since the ordinance came in force, I realized Mr. Roberson would be in violation. Papers citing him with that violation were served on April 7.”
Barton said Roberson was not at the residence when the citation was served; however, she was able to have a discussion about the issue when he came to her office.
“I did talk to him on April 16 when he came into my office,” Barton said. “We discussed it and he didn’t feel like he was in violation of any ordinance.”
In the county’s junk ordinance junk is defined as old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel or other old scrap ferrous or nonferrous materials. These items are clearly visible on Roberson’s property, Barton said.
County attorney Thad Moore questioned Barton on her actions after the citation was originally issued.
“Have you observed what’s on the property?” Moore asked.
Barton responded with detailed information on items found on the property.
“I’ve observed quite a bit of junk especially automobiles,” Barton said. “He has three acres at the address and all three are pretty saturated with debris. Most of the debris is automobiles that are not operational or tagged, household garbage, metals, plastics, appliances, mattresses, Styrofoam products and gas cans.”
Barton produced a number of photographs that showed the debris located on the property that violates the ordinance.
“There is vegetation on the property that conceals dilapidated pieces of junk in such a way that we can’t establish exactly what is there,” Barton said. “There are some pieces out past power poles that I believe would be in the state right-of-way.”
Moore asked Barton if Roberson had made any efforts to clean up any of the junk or debris on the property since being served with the citation.
“The only thing that has been done is someone was using a weed eater around some of the junk cars,” Barton said. “Some of the junk has been rearranged, but has not been removed.”
In her testimony, Barton said the original notice served on April 7 was followed with a certified mail notice April 8. Subsequent visits by Roberson to her office were made on April 16 and 21; however, Roberson has not made efforts to correct the situation prompting further action from county officials.
“He has rearranged a truck on the property,” Barton said. “There is now a tractor that wasn’t on the pictures so it appears he has acquired the tractor since the first photos were taken. I do not think he has made a legitimate effort to cleanup.”
After Roberson was served notice of being in violation of the ordinance, Barton said he did acquire a junkyard license.
“After he was served notice, he acquired a license to sell junk,” Barton said. “He got the license on April 28, but it is a different kind of license. He doesn’t have a standard junkyard.”
Barton said the license Roberson acquired would not allow him to maintain junk on his property in its current state.
“Junkyards must be screened from public view,” Barton said. “His property is not screened and is a public danger.”
Commission Chairman David Stokes said the commission would allow Roberson a reasonable amount of time to correct the situation before imposing fines for the violation.
“We will give notification from the board that he has 30 days to eliminate the nuisance,” Stokes said. “If he does not, we will begin the $150 per day fine for each day it is not in compliance.”
Commissioners agreed the notice and implementation of fines following a reasonable clean-up time was fair.
If Roberson fails to comply with the citation, he can be charged fines of up to $5,000 plus fines of administrative fees.
A suggestion by Escambia County Sheriff Grover Smith to deliver a certified copy of the results of the hearing was considered and approved by commissioners.
In other business, the commission:
Approved dirt roads to be paved as a result of an award of CDBG project.
Roads to be paved include Ball Lane, Downs Lane, Ollis Street, Palustris Street, Weaver Road, Bell Creek Road and Hog Wallow Road;
Agreed to execute a quitclaim deed on a parcel of property located at Alabama 113 and Stanley Road. Commissioner Larry White said the land was thought to be owned by the county, but is not. The agreement will state the county has no interest in the property;
Agreed to grant temporary construction easement to a pipeline company currently working to extend a line from Louisiana to Miami through the county;
Appointed Commissioner Raymond Wiggins as a member of the Gulf Coast RC&D Council;
Approved a resolution to apply for CBDG funds in connection with road paving projects.
George Roberson of U.S. Hwy, 31 near Atmore has been cited with violation of the county’s junk ordinance passed in 2007.
Escambia County Environmental Officer Nancy Barton issued a citation to Roberson at his home near Atmore on April 7, according to her testimony in a hearing before commissioners Monday.
“I was aware of the situation at the location for sometime,” Barton said. “Since the ordinance came in force, I realized Mr. Roberson would be in violation. Papers citing him with that violation were served on April 7.”
Barton said Roberson was not at the residence when the citation was served; however, she was able to have a discussion about the issue when he came to her office.
“I did talk to him on April 16 when he came into my office,” Barton said. “We discussed it and he didn’t feel like he was in violation of any ordinance.”
In the county’s junk ordinance junk is defined as old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel or other old scrap ferrous or nonferrous materials. These items are clearly visible on Roberson’s property, Barton said.
County attorney Thad Moore questioned Barton on her actions after the citation was originally issued.
“Have you observed what’s on the property?” Moore asked.
Barton responded with detailed information on items found on the property.
“I’ve observed quite a bit of junk especially automobiles,” Barton said. “He has three acres at the address and all three are pretty saturated with debris. Most of the debris is automobiles that are not operational or tagged, household garbage, metals, plastics, appliances, mattresses, Styrofoam products and gas cans.”
Barton produced a number of photographs that showed the debris located on the property that violates the ordinance.
“There is vegetation on the property that conceals dilapidated pieces of junk in such a way that we can’t establish exactly what is there,” Barton said. “There are some pieces out past power poles that I believe would be in the state right-of-way.”
Moore asked Barton if Roberson had made any efforts to clean up any of the junk or debris on the property since being served with the citation.
“The only thing that has been done is someone was using a weed eater around some of the junk cars,” Barton said. “Some of the junk has been rearranged, but has not been removed.”
In her testimony, Barton said the original notice served on April 7 was followed with a certified mail notice April 8. Subsequent visits by Roberson to her office were made on April 16 and 21; however, Roberson has not made efforts to correct the situation prompting further action from county officials.
“He has rearranged a truck on the property,” Barton said. “There is now a tractor that wasn’t on the pictures so it appears he has acquired the tractor since the first photos were taken. I do not think he has made a legitimate effort to cleanup.”
After Roberson was served notice of being in violation of the ordinance, Barton said he did acquire a junkyard license.
“After he was served notice, he acquired a license to sell junk,” Barton said. “He got the license on April 28, but it is a different kind of license. He doesn’t have a standard junkyard.”
Barton said the license Roberson acquired would not allow him to maintain junk on his property in its current state.
“Junkyards must be screened from public view,” Barton said. “His property is not screened and is a public danger.”
Commission Chairman David Stokes said the commission would allow Roberson a reasonable amount of time to correct the situation before imposing fines for the violation.
“We will give notification from the board that he has 30 days to eliminate the nuisance,” Stokes said. “If he does not, we will begin the $150 per day fine for each day it is not in compliance.”
Commissioners agreed the notice and implementation of fines following a reasonable clean-up time was fair.
If Roberson fails to comply with the citation, he can be charged fines of up to $5,000 plus fines of administrative fees.
A suggestion by Escambia County Sheriff Grover Smith to deliver a certified copy of the results of the hearing was considered and approved by commissioners.
In other business, the commission:
Roads to be paved include Ball Lane, Downs Lane, Ollis Street, Palustris Street, Weaver Road, Bell Creek Road and Hog Wallow Road;
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Reader Comments
The following are comments from the readers. In no way do they represent the view of atmoreadvance.com.
About Time wrote on Jun 24, 2009 1:21 PM:
" That junk has been on that property for many many years...too many to count....It will make that area look so much better once all that junk is gone. "
Concerned wrote on Jun 24, 2009 2:49 PM:
" This place has been an eyesore for years. Glad to see that some action is finally taken place. If the outside looks that bad, how in the world could look anything less than a PIG Pen. "
CW wrote on Jun 24, 2009 10:25 PM:
" I notice it says "junkyards must be screened from public view". If that's the case why isn't Atmore Auto Salvage screened? "
Harvey wrote on Jun 26, 2009 5:02 PM:
" I agree why is Atmore Salvage not screened in and the scrap metal yard down the road Plus the 2 buildindgs on hw 31 in Canoe "
Too Much Government wrote on Jun 28, 2009 1:17 PM:
" I do understand your objection to having to look at the mess, but he owns the property and in America a man has a right to live as he see fit, even if you do not like it.
I would like to know how a junkyard can be hazardous. Even if breeding ground for mosquitoes that seems stupid considering how many lakes, streams, ponds, swamps and mud puddles in our area that breed mosquitoes.
When the government starts telling someone what they can and can not do on their own property it is the end of freedom.
People are allowed to be nudist with a fence, so ask him to build a fence.
Yes why haven’t you asked the other junk yards in the county to build fences? Why pick on a 70 year old man with cancer , who stays at the doctor all the time.
Next the count will say a living in a trailer is substandard, so will have to tear them all down, or having a dog with 10 puppies is not allowed or you can not have more than 2 cats, or you can not have 2 cars since they make too much pollution.
You people are asking the government to interfere just because you do not like the way someone chooses to live, and you are giving away your freedoms.
Too much government interfering in peoples lives . "
I would like to know how a junkyard can be hazardous. Even if breeding ground for mosquitoes that seems stupid considering how many lakes, streams, ponds, swamps and mud puddles in our area that breed mosquitoes.
When the government starts telling someone what they can and can not do on their own property it is the end of freedom.
People are allowed to be nudist with a fence, so ask him to build a fence.
Yes why haven’t you asked the other junk yards in the county to build fences? Why pick on a 70 year old man with cancer , who stays at the doctor all the time.
Next the count will say a living in a trailer is substandard, so will have to tear them all down, or having a dog with 10 puppies is not allowed or you can not have more than 2 cats, or you can not have 2 cars since they make too much pollution.
You people are asking the government to interfere just because you do not like the way someone chooses to live, and you are giving away your freedoms.
Too much government interfering in peoples lives . "
get it right wrote on Jun 28, 2009 1:21 PM:
" in the Tri-City Ledger and the Atmore News you say
"Prior to the meeting, county officials sent Roberson notices of his violation of the ordinance. Those notices were sent on April 7, 2009 and again on May 22, 2009. Roberson did not respond to either notification."
and then in this artilce you say
“I did talk to him on April 16 when he came into my office,” Barton said. “We discussed it and he didn’t feel like he was in violation of any ordinance.”In her testimony, Barton said the original notice served on April 7 was followed with a certified mail notice April 8. Subsequent visits by Roberson to her office were made on April 16 and 21; however, Roberson has not made efforts to correct the situation prompting further action from county officials.
so when is barton telling the truth,a nd why did seh foret to say he didd have lawyer? "
"Prior to the meeting, county officials sent Roberson notices of his violation of the ordinance. Those notices were sent on April 7, 2009 and again on May 22, 2009. Roberson did not respond to either notification."
and then in this artilce you say
“I did talk to him on April 16 when he came into my office,” Barton said. “We discussed it and he didn’t feel like he was in violation of any ordinance.”In her testimony, Barton said the original notice served on April 7 was followed with a certified mail notice April 8. Subsequent visits by Roberson to her office were made on April 16 and 21; however, Roberson has not made efforts to correct the situation prompting further action from county officials.
so when is barton telling the truth,a nd why did seh foret to say he didd have lawyer? "
J wrote on Jun 28, 2009 2:35 PM:
" The porch on the house behind the Academy on Randolph Ave looks like it is going to fall down! "
Mickey Powel wrote on Jun 29, 2009 6:24 AM:
" It may look trashey to some. On the other hand, look at the trash in this County selling dope to OUR children and where they live. Think about it. "
Angry Citizen wrote on Jun 29, 2009 9:19 AM:
" I don't think people should be hating on Atmore Auto Salvage. They are some of the best people in town. And I am sure they have probably helped you at least once or should you ever need anything they will be obliged to help you. As for George Roberson, that place is a trash bin. It is so gross. But what can you expect from nasty people? You just can imagine what the inside looks like. Pure filth. Sometimes there is a nice new mustang sitting out front. Hmmmmmmmmmm "
EA Parent wrote on Jun 29, 2009 1:33 PM:
" I agree w/ the post about the house on Randolph Avenue in Canoe. It is HORRIBLE! Not only is the house & the yard a pig sty, but the owners dogs come into the EA parking lot around the gym & the back of the middle school & high school & use it as their bathroom! This is unsanitary & disgusting. You can not walk from your vehicle to any of the before mentioned buildings without having to step over or around dog poop. Why hasn't the health department, animal control, AND DHR stepped in to rid our community of this eye sore??? "
about time wrote on Jun 30, 2009 9:54 AM:
" Here is the bottom line. Until the County takes action to clean up these eye sores our economic situation will not improve. If I owned a business why would I locate here? If the people living here don't take any pride in their homes why would I want to employ any of them? Why buy a home here when you know George could move in beside you and set up a dump, which by the way is a danger i.e. oil leaks into ground water, battery acid, etc. "
Best of two evils wrote on Jun 30, 2009 12:29 PM:
" I agree with too much government to a point. The problem is....when the "clean" neighbors try to sell their humble abode....what do you think happens to his/her property value because of the dump next door? Also, if the man is ill....why can't there be a community SERVICE day and help the man clean up? There is a difference between not being ABLE to keep a property clean and just to LAZY to keep it clean. If you want someone to respect your way of life.....then you owe it to your neighbor to respect their way of life as well! "
Truth Seeker wrote on Jul 9, 2009 4:00 PM:
" Mrs Barton is NOT telling the complete truth. She told this man to cut the grass out front and move things BEHIND the trees. She acts like nothing has been done and I take offense at her comments about a tractor. What did she think was needed to move some of this stuff? I know of at least 3 people who have helped this man from daylight to dark for 5 days in a row and she says nothing has been done? Let her get out there and put her gloves on and crank up her weedeater & lawnmower right along with the rest of you who think it should be done better. What's wrong with you selfserving selfcentered people? Where's the little bit of caring & sharing in this community? It's all for one now and that's what tearing this country & our community apart. All of you want to complain, but no one wants to help. She left out the part where she had flyovers also hired to take areial photos of this disbled man's property just to see what he did own. Since she admitted herself that there is so much vegetation NOTHING is viewable beyond that. To me that's a violation of this man's right to his own persuit of happiness. And that vegetation happens to be trees that are aged from 10 years on up. They block the view of 99% of this man's personal property so what is the matter when Mrs Barton thinks to tell this man he has to chop them down so any nosy busy bodies can see what he owns? It's nobody's business what this man owns. At least he's not out selling & dealing drugs to your children.
As for all the negative comments concerning this individual, anyone can see it's all about what they view as an eyesore. But you know what it's just an opinion, and doesn't give them liberty to slander this person. "
As for all the negative comments concerning this individual, anyone can see it's all about what they view as an eyesore. But you know what it's just an opinion, and doesn't give them liberty to slander this person. "
Truth Seeker wrote on Jul 9, 2009 4:06 PM:
" You know it's a sad day when a Church next door calls the mayor to complain because they see a chicken cross the road. Or even a mouse. I'm sure though that none of you who complain and continue to degrade & humiliate this man have ever owned much less seen a chicken. As I'm sure your own property has never had a mouse take up residence or had a snake in their own yards. Sorry, I forgot some of you are PERFECT and beyong reproach. "
CHURCH SHOULD HELP NOT COMPLAIN wrote on Jul 11, 2009 8:00 AM:
" I AGREE WITH TOO MUCH GOVERNMENT ALL THE WAY
AND TRUTH SEEKER SOUNDS LIKE SHE WAS THERE
"If you want someone to respect your way of life.....then you owe it to your neighbor to respect their way of life as well! "
PRECISELY RESPECT OTHERS BUT THIS DOES NOT MEAN YOU HAVE TO BE JUST LIKE THEM THAT YOU NEED TO ACCEPT THEM AS THEY ARE
SO WAKE UP ATMORE,
IF THE CHURCH NEXT DOOR DOESN'T LIKE IT THEY CAN EASILY PUT UP THEIR OWN FENCE.
OR
IF THEY WANT TO SHOW THAT THEY HAVE REAL CHIRSTIAN SPIRIT, THEN THEY COULD OFFER TO HELP TO GET THEIR CONGREGATION TO COME IN AND GET DONATIONS AND PROVIDE THE WORKERS AND SUPPLIES.
THEN CUT HIS GRASS AND FENCE IN THIS MAN'S PROPERTY FOR THE SAKE OF ALL THE COMPLAINERS "
AND TRUTH SEEKER SOUNDS LIKE SHE WAS THERE
"If you want someone to respect your way of life.....then you owe it to your neighbor to respect their way of life as well! "
PRECISELY RESPECT OTHERS BUT THIS DOES NOT MEAN YOU HAVE TO BE JUST LIKE THEM THAT YOU NEED TO ACCEPT THEM AS THEY ARE
SO WAKE UP ATMORE,
IF THE CHURCH NEXT DOOR DOESN'T LIKE IT THEY CAN EASILY PUT UP THEIR OWN FENCE.
OR
IF THEY WANT TO SHOW THAT THEY HAVE REAL CHIRSTIAN SPIRIT, THEN THEY COULD OFFER TO HELP TO GET THEIR CONGREGATION TO COME IN AND GET DONATIONS AND PROVIDE THE WORKERS AND SUPPLIES.
THEN CUT HIS GRASS AND FENCE IN THIS MAN'S PROPERTY FOR THE SAKE OF ALL THE COMPLAINERS "
ONE SIDED wrote on Jul 11, 2009 8:07 AM:
" Why is this a one-sided story, with only Barton said this Barton said that?
Thought journalist were supposed to ask all parites involved to get the whole story.
Truth seeker knows a lot that should have been included.
When are you going to interview this man and get his side? "
Thought journalist were supposed to ask all parites involved to get the whole story.
Truth seeker knows a lot that should have been included.
When are you going to interview this man and get his side? "
Need More information wrote on Jul 11, 2009 8:22 AM:
" "I did talk to him on April 16 when he came into my office,” Barton said. “We discussed it and he didn’t feel like he was in violation of any ordinance.”
I would like to know why he thinks he is not in violation. When are we going to hear his side ?
Could you do a more comprehensive article which includes his side of things, and the witness that was with him when she came to his house, becasue just on her word in the papers she said things different see Get Right and Truth seeker?
Apparently Brarton is not telling the whole truth and I would like to know it all not just what she said. "
I would like to know why he thinks he is not in violation. When are we going to hear his side ?
Could you do a more comprehensive article which includes his side of things, and the witness that was with him when she came to his house, becasue just on her word in the papers she said things different see Get Right and Truth seeker?
Apparently Brarton is not telling the whole truth and I would like to know it all not just what she said. "
I have to see it everyday. wrote on Jun 24, 2009 11:48 AM: