HSSB dismisses two cases, continues others

May 20—Cumberland County's Health and Safety Standards Board reviewed several cases, dismissing two, last week.

In the first case against a homeowner on Dixon Rd., Torey LaMontagne of the Cumberland County Mayor's office, reported the homeowner was unable to be located to serve or send the paperwork to.

This case was continued until next month pending further investigation, recommended by county attorney Philip Burnett.

A case on Legion Rd. was dismissed after the property owners completed action agreed upon by them and the board including boarding up the windows and doorways and entrances to the home and posting no trespassing signs on the property. The property has been empty, pending homeowner repairs and securing a foundation.

The board agreed to dismiss the case for now, but to review it in four to six months.

Two separate properties on Oswego Rd. were both continued for another 30 days due to the county being unable to serve paperwork on property owners notifying them about complaints being filed against them. Both owners were unable to be located at this time and the cases will be addressed again during next month's meeting, pending investigation.

A case was dismissed and closed against a Rogers Rd. property owner as the property has been cleaned up and debris removed. The case will be checked again in six months to see if it remains clean and if so the case will be dismissed permanently.

A case against a homeowner on Eureka Dr. was continued until next month's meeting pending a final review after committee members reported it appeared to be much cleaner. The committee also agreed to stop assessing fines against the property owner at this point pending review next month.

One of those who filed a complaint against the property owner attended the meeting and voiced his opposition, stating, "Things have just been moved around and not cleaned up."

After approximately 25 minutes of debating between the homeowners, the committee decided to continue the case until next month for further review.

A case against an Andrews Lane property owner was continued until next month and the committee decided to wait for further advice from the county attorney. A court order allowed the property owner 60 days to clean up the property but neighbors and some committee members say none of the debris, garbage and tires have been removed and additional items have been brought onto the property by the property owner.

In order to come under review of the Health and Safety Standards Board a written complaint signed by three or more property owners within 250 yards of the property line must be filed.

The board then investigates the complaint and attempts to contact the property owner.

A written letter notifying the property owner of a complaint is sent. The property owner is given 10 days to respond. If no response is made the property owner can be found in violation and requested to appear before the board.

The county's resolution allows the board to fine a property owner up to $50 a day for violations if they are not taken care of by the property owner.

The HSSB adopted a set of property standard guidelines that provides examples of what is considered a "health or safety" violation. Those include items that hold water where mosquitoes could proliferate; something that would attract children and potentially place them in harm's way, such as unsecured, inoperable vehicles, abandoned pools, pits, or appliances; construction materials with nails, chemicals or other open hazards; items that can leak chemicals such as appliances with heat retardant materials or insulation; batteries open to the elements; trash or any food source for rodents or vermin; fuel or chemical tanks; items in the road right-of-way.

If no action is taken the county could ultimately seize the property, have it cleaned up and then sell the property in order to recoup the expenses of the cleanup.

The HSSB is scheduled to meet next on June 12 at 1 p.m. in the small meeting room of the Cumberland County Courthouse on the third floor.

HSSB committee members include Nancy Hyder and Tom Isham, 2nd District commissioners; Craig Clark, vice chairman; Sheryl Webb; and Richard Bringenberg. Hyder is chairwoman.

Gary Nelson may be reached at gnelson@crossville-chronicle.com