Falmouth City Council held a special meeting before its caucus on Tuesday, June 1, in order to hold the second reading of an amendment to the current nuisance ordinance. The ordinance was amended to include such nuisances as an accumulation of rubbish, noxious noises and odors, standing water, overgrown grass, or any material or condition that is dangerous or detrimental to health or life, among others. Noted, as well, is a change to the citation procedure, which is notification of the violation by mail, leaving a copy of the citation with someone 18 or older or the alleged violator, or, if necessary, a posting a copy of the notification on the premises. A fine ranging from $100 to $500 will be assessed and will accrue for each day that the violation exists with a maximum of $500. If the fine remains unpaid, a lien will be placed on the property, and if the alleged violator does not pay the fine, foreclosure proceedings will result.
As the amendment was being read, a member of the audience stated that he had been fined by the city for leaving building materials around his house as he works on the property that is located on Robbins Ave. He also stated that he has been cited for noise as he works. After some discussion that included Police Chief Shannon Clem who had the citation in-hand, Mayor Ron Stinson clarified that building materials and piles of scraps are different things. Councilperson Sebastian Ernst recommended that the owner approach the code enforcement board if he wishes to appeal.
Another member of the audience shared her concern that the house next door to her was being rehabbed, and dumpster debris is being left in her yard due to another person entering the property to pull items from the dumpster. She was concerned she would be cited for the debris in her yard. She stated that she had called the police, and the officer who answered the call told her that since it was in a dumpster, the items could be claimed. Chief Clem agreed that as long as the person had the owner’s permission to be on the property, he was within his rights. The audience member stated that the owner had not given the person permission. Chief Clem promised to follow up on the problem. Later in the meeting, Fire Chief Dave Klaber stated that the city was having issues with illegal burning on Coleman Street, and members of the audience who live near the area also raised concerns.
Klaber said that the owner has been told she is not allowed to burn, period. They have taken a police officer with them to speak to her, and the police department has been upping the beat. Neighbors call when it happens, he said, and another member of the audience confirmed that the owner sets the fires and walks away.
Councilperson Sebastian Ernst cited the city ordinance for open burning, and he asked what KRS existed, as well. Klaber stated that the ordinance states that the fine could be up to $500, and the attorney acting for City Attorney Brandon Voelker stated that she could be arrested and jailed for a period of time, as well. Council-person Craig Owen stated, “If she has violated the ordinance this much, she needs to be arrested.”
While council confirmed she had paid most of the $25 fines she had incurred for violating the ordinance, Williams stated that she is a repeat offender for the offense. Chief Clem said that he would have to run procedures by District Attorney Stacy Sanning before his department acted.
Councilperson Luke Price asked what would happen if she burns the house next door because they are allowing the behaviors to continue, and Chief Clem suggested fining her $500 to see what happens.
An audience member asked who pays for the fire department to come out to put out the fires, and council acknowledged that city taxpayers paid for the runs.
The amendment passed with all present voting in favor. Councilperson Joyce Carson was not in attendance. (A summary of the ordinance amendment is included in this edition of the Falmouth Outlook.)
In department reports, Director of Maintenance Gary Lea reported a blown fuse on Memorial Day had taken down the power around the area of Sycamore Street, and it was quickly fixed. His crew also had to fix a water leak on Shelby Street that took out water to a significant area of the northwestern edge of town for several hours.
City Clerk Ramona Williams thanked Lea and his crew for getting the banners up along the streets, and she said that the city had received positive feedback about the display. Lea credited his crew and Water and Wastewater Supervisor Andy Richie for their help, as well.
Supervisor Richie reported that his department hoped to get water into the new tank next week. An inspector was to come later in the week, and Bluegrass Electric had to come out to inspect, as well.
Councilperson Darryl Ammerman asked if the department had heard from Oak Haven regarding the plan to tap into the city lines, and Mayor Stinson said that Director of East Pendleton Water District Wayne Lonaker is waiting from the Kentucky Infrastructure Authority to give him further instructions.
Mayor Stinson informed the council and attendees that the county is possibly getting money to be distributed among the infrastructure entities in the county.
Chief Clem complimented Gary Lea for getting LED lights up in their department. He shared, too, that he took a leadership class in recruiting and retention in May, and the department would soon go to the firearms range to qualify for pistol, rifle, and shotguns.
Also, the department hired Shaun Seger, and June 2 was to be his first official day.
Chief Klaber announced that they had five new volunteers on the department (three in Falmouth and two in Butler), and that they were closing in on the 35 member cap as provided by the ordinance. He said they would be at the fairgrounds on Saturday, June 5, to do demonstrations and to recruit. The department also will set up at the youth fair for information and recruitment. Butler’s fire house will hold an open house on Saturday, June 12, and the department had gotten 19 new helmets with grant money.
City Clerk Williams announced that the front door replacement would start next week. One bid had come in on one surplus item, and CSX would be working on the Shelby Section of the railroad tracks. She also said she will be working on the budget, and she would be meeting with supervisors regarding their needs.
Mayor Stinson announced that he was scheduling a meeting with the water district.
The next regular meeting of council will be held on Tuesday, June 15, at 7:00 p.m. at city hall. The public is invited and encouraged to attend.
Falmouth city council addressing nuisances in city limits
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