Leon Fulmer was sworn into office on Wednesday, November 15.
NEWBERRY — Councilmember Leon F. Fulmer was sworn in at the start of the Newberry County Council meeting on Wednesday, November 15. He was welcomed with open arms by the council, who stated they look forward to working with Fulmer.
“Congratulations and welcome aboard,” said Councilmember Todd Johnson. “I know that each of us look forward to working with you.”
The council held its second reading of the proposed nuisance ordinance draft, discussing recent changes and additions that would help clarify the language of the ordinance.
“The first change,” said County Administrator Jeff Shacker, “involves junk or abandoned vehicles. There was a desire by the council to allow for at least one vehicle that meets the category of an abandoned or junk vehicle, as long as it is under active repair, to be allowed in an unscreened manner.”
Residents are allowed no more than four vehicles that fall under junk, abandoned, or inoperable as long as they are screened from view. The language was added for single-family residential districts, allowing for one unscreened “junk” vehicle as long as it is under repair and not in the front yard. This means that the vehicle can be kept on the side, in the backyard, in the garage, or any spot where it is not sitting in the front yard.
“We wanted to make sure that that was clear,” said Shacker.
The order also includes the enforcement of nuisance provisions related to smell. Looking into Babb v. Lee County Landfill, a court case from 2013 that determined that odor should be enforced as long as the claim satisfies all the elements of negligence, just as with any other claim. The plaintiffs brought claims of the odor interfering with the enjoyment of their property and their ability to use it, winning $2.3 million at the end of the case.
“There was concern that while we may be able to enforce it, it could expose us to legal liability,” said Shacker. “But if anything, the case bolsters the positions of cities and counties to enforce nuisance code provisions related to odor.”
In the next few months, the council will appoint individuals to a board of appeals related to the nuisance ordinance. The board would function similarly to the board of zoning appeals. Those who received a notice of violation may present their case to the board, the code enforcer presents their case and the board decides whether to sustain the rule, overrule the enforcer, or modify the rule as needed.
There was new language added for repeat offenders and going about informing them.
“If an individual is cited as violating the code, they are provided with a copy [of the ordinance and codes] at that time,” said Shacker. “So, if there is a subsequent violation within a 12-month period…we can issue a citation because notice has been provided.”
The language also clarifies that the 12-month period of being given a citation is by calendar year, rather than year from the date the citation was given. This means that all offenses turn over on January 1 for all property owners.
Those who are issued a citation will also be given the opportunity to receive extensions while undergoing the required fixes. Under a correction agreement, owners can be considered for an extension if they are struggling to afford required corrections, as well as language that is specific for older properties and places of historical significance.
“Many factors will be considered when we sit down with the property owner to work with them on corrective actions,” Shacker said.
Scott Lukoski, chairman of Keep Newberry County Beautiful, spoke during the public comments section of the ordinance’s second reading. Lukoski said that he was on board and in full support of the ordinance as it helps contain litter and trash.
“Litter is harmful to the environment, leaking chemicals into the soil and water, angering animal and aquatic habitats,” said Lukoski. “Cleaning up litter is one of the cheapest and easiest ways of home improvement.”
The ordinance will go through, at least, one more reading, receiving more additions, takeaways and language changes before it is put into place.