Opinion: Problems with nuisance law

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The Franklin County mayor and County Commission seem to be barreling head on with the passage of a “nuisance law” for Franklin County.

To my understanding, the resolution has passed the Legislative Committee and will be on the agenda of the Monday meeting of the County Commission for passage.

I would like to briefly go over how this resolution came to be. Toward the end of my term on the commission, several people in the Alto community voiced concerns over a property owner moving multiple mobile homes in poor condition onto a parcel of land. 

The property owner was doing this slowly at a pace allowed by Franklin County zoning ordinances which did not require actual rezoning and proper establishment of a trailer park.  The people were concerned the intention was to establish another trailer park akin to two already in existence in the Alto and Capitol Hill communities.

These two existing trailer parks consist of, in my opinion, barely habitable trailers that are all probably older than I am.  These parks are very well known to law enforcement, to say the least.

The concerns of these residents were certainly understandable, but there was no available remedy to the situation.

I am no longer a member of the Commission, but I understand this “nuisance law” sprang forth from those discussions. I have recently read over this eight-page resolution, and I am, quite frankly, appalled. 

This resolution is tantamount to the establishment of a countywide codes department akin to what is currently functioning in the cities of Winchester and Decherd, just to name a few.

An appointed board, more unelected bureaucrats, will be established to hear cases. Many people choose to live in unincorporated areas to avoid such often onerous entities.

If this resolution passes, any “dilapidated building” could put the owner in danger of a fine or even a lien on their property.  You can also be hauled into General Sessions Court for violations.

The home I currently live in was built by my grandfather and his family almost 120 years ago. It sat vacant for more than 30 years before I decided to renovate and save it.

If this resolution were in effect during that time, the county could conceivably have ordered the house demolished. Even more frighteningly, the county could have destroyed the house and sent my parents a bill if they had refused to do so.

What if you have an old car on your property?  If this passes, the county can come in, tow it away and send you the bill!

I understand that most people don’t want to live next to an unofficial junk yard, but sometimes vehicles are kept due to a variety of reasons, including car parts for hobbyists and sentimental value.

The county will now come out and tell you if your grass is too tall.  If your property is deemed too cluttered, the county could clean it up and send you the bill.

Is this level of government control over private property what we really want in Franklin County?  If you do not agree with the establishment of what is essentially a county codes department, I urge you to contact your county commissioners NOW! 

The list of county commissioners and their contact information, along with the county mayor’s, is on the Franklin County government website: www.franklincotn.us.

The passage of this resolution would create a new arm of county government. We are already looking at a 12-cent property tax increase because this county cannot seem to control its spending.

How much will yet another department add to that next year? The County Commission is comprised mostly of my fellow Republicans and the county mayor is a Republican as well. I would like to remind them that we are supposed to be the party of small government!

In the years after the founding of this nation, a common theme was that the best government is that which governs the least.

Franklin County has experienced an explosion of growth in recent years.  Part of that growth comes from people fleeing communities with overbearing state and local governments.

If the objective was to stop dilapidated de facto trailer parks from being established in the county, there are far less heavy-handed ways of doing so. I understand the desire or want to help the people who would be affected by such places. 

I will close with this admonition from President Ronald Reagan: “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.’”

Greg King is a Decherd police sergeant investigator and a former county commissioner.

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