South Fulton violations include emissions, unsafe structures, ‘junk’ vehicles

Members of the South Fulton Municipal Regional Planning Commission authorized Code Enforcement Officer Nicole Berner to contact the Tennessee Department of Environment and Conservation, TDEC, in regard to the the possible impact work conducted at a South Fulton residence is having on the environment.

Board members David Lamb, Thomas Pettigrew, Billy Williams, Kenny Mayo and Cody Caksackkar, meeting in regular session Nov. 1 at 5 p.m. in the South Fulton City Hall conference room, first heard from Jim and Linda Wren, and Joe Speight, who reported a resident in their Second Street neighborhood had been emitting black dust into the air, and onto the ground, wearing masks to saw black substances on multiple occasions. According to the neighbors, the black substance was airborne, and even turned the garage door of the home black.

Berner said she had spoken with the resident, David Wilds, who told her he was “sawing charcoal for a business” and that he did the work to supplement his income.

She said she relayed to Wilds that complaints had been made, and she invited him to attend the next meeting of the board to discuss the issue.

Mayo asked if Wilds had purchased a business license, for his lawn care business he currently operates, or the business he conducted sawing the charcoal. and Berner said that he did not.

Berner was directed by the board to ask Wilds to cease the work he had been performing at his residence related to the emissions,, pending the the evaluation of the potential safety hazard in the residential area.

Two South Fulton property owners who had received notices of city code violations addressed the board, Mark Richardson, who owns property at 1433 Broadway and Pamela Knox, in regard to property she owns at 413 Williams, 510 E. Smith and 308/309 Forestdale.

Richardson said the structure on his property had been struck by a semi and the insurance companies’ process for the claims had been lengthy. He said the hit by the semi had damaged his landscaping, fencing, trees and power poles. He reported to the board that he now planned to move from the house and was considering demolishing the structure and selling the lot.

Richardson said he had finally received the proceeds from the claim and would be moving, asking for a 60 day extension to make sure he had time to complete his relocation to another home. He said he did not have city water hooked up at the Broadway location, because he “did not want your water....I don’t want to drink it....”

He said with the 60 day extension, “your eyesore will be taken care of.”

The board approved the extension, giving him 60 days from Nov. 1 to complete the work and/or demolition.

Richardson noted that the reference to his violations of city code were published in the newspaper three weeks before he himself received notice of the violation. Richardson had a copy of The Current newspaper, and the publication to which he was referring was a report of the previous South Fulton Municipal Regional Planning Commission meeting, wherein the board authorized Berner to send notice to violators of city code.

Knox, too, referenced the publication of the property violations, stating she did not think the property owner “should be criminalized before we even knew there had been a problem” by the published account of the meeting.

She first stated the 413 Williams St. property and the 510 East Smith St. property inquiries would have to be discussed with attorney Michael Logsden of Bownsville, Ky. She provided a phone number to the board for contact with Logsden’s paralegal.

Knox said on more than one occasion, she had called or came to the city hall to ask for specific violations on the properties, but was told that information was not available. She told the board that she wanted to know what would need to be done to temporarily bring the property structures in compliance, until she is able to complete renovations.

Board member Billy Williams said there had been reports from neighbors that one of the houses had broken glass in the windows, rotten floor sills in the rear of the house, exposed electrical equipment and that wild animals had been seen going into and out of the house through exposed openings.

Knox said she would make sure the windows were boarded and paint the house, as well as cover up the openings through which the animals could be coming.

“We give people the opportunity to clean these properties up and it just drags on and on...it gets worse and worse and nothing is ever done,” board member Kenny Mayo said.

“I know you have a lot of properties, but whether you have 100 or five, you have to keep them up, that’s on you,” Mayo said.

Williams also questioned Knox about the East Smith Street property, citing the building on it was “unsafe” in its present condition.

On a motion by board member David Lamb, seconded by Thomas Pettigrew, the board gave Knox 60 days from the date of the meeting to make “substantial improvements” to each of the properties for which she was given notice of city code violations. Lamb, who serves at South Fulton’s Mayor, said prior to his election, he had assured residents one of his main priorities was going to be cleaning up the town and he intended to follow through.

Under old business, Berner updated the board members about Fulton Plaza, including a letter she had received from Mr. Dave, the owner, along with photographs of reported improvements which had been made in some of the rooms and the demolition of a structure in the rear portion of the Fulton Plaza property.

Berner said Dave said he had demolished one structure and had made improvements on some of the rooms, before he intended to demolish the other structure in the back portion of the property.

The board members examined the photographs Dave provided and noted he had been told to vacate all occupancy in all structures on the property by Nov. 1. The board further confirmed that he would be given 60 days to complete all renovations, and repairs, with no occupancy to be permitted until the 60 days, and the completion of all renovations, as well as walk through inspections performed throughout the property by the board, as well as a state inspector.

Under new business, discussion took place as to the notice given for violations regarding inoperable vehicles at 626 Broadway.

Lamb said he had spoken with Bill Gray, owner of the property and the vehicles, who said he would get the three vehicles licensed, including city stickers, would make sure tires are aired and the vehicles would start.

Accumulated items on the carport of the same property were discussed by the board with Berner stating she had given Gray time to get the items cleaned up, but they were still piled on the carport.

The board voted to allow 30 days for clean up of the carport area, as well as for Gray to make sure each of the vehicles on the property were operable, licensed, insured, tagged and carried city stickers

The board meets on the first Thursday of each month at 5 p.m. at South Fulton City Hall and is open to the public.

Board member Cody Caksackkar commended citizens who attended the meeting, stating he would like to see more interest from citizens in regard to city operations.