Group wants to scrap junk law

Tuscumbia - A representative of a group of west Colbert County residents who are unhappy with the county's junk ordinance has asked the county commission to revise the way the ordinance is enforced.

Environmental health officers with the Colbert County Health Department are enforcing the ordinance during their normal course of duty as they travel the county.

If they see a situation that they believe is a violation, they will issue a citation.

Jim Michael asked the commission if the ordinance could be enforced only when a complaint is made by another resident.

County Attorney James A. "JAP" Patton told the group this week that the ordinance can be enforced by individuals employed by the county, or by complaint.

The junk ordinance was approved by the commission in June after the passage of the Self Governance Act, which allows county governments to pass ordinances dealing with accumulations of junk, unsanitary sewage, noise, litter, rubbish, pollution, overgrown weeds and animals.

Voters in the unincorporated areas of Colbert County supported the act by a margin of 2,739 to 1,706.

At a previous appearance before the commission, the residents told the commission that they either were not aware of the referendum or did not understand what the act really meant.

Michael said "everyone in the county" he's spoken to said they didn't vote for it. He added that those who did vote for it said they "voted for mosquito control."

County Administrator Donna Llewellyn reminded the group, some of whom have received citations, that they can opt to bring their case before the county commission, which will ultimately decide if the situation is indeed a violation of the junk ordinance. The request for a hearing has to be made in writing, Llewellyn said.

If the commission agrees with the health officers, the offender can be fined $150 and must still address the situation.

"This has just gotten all blown out of proportion," Llewellyn said.

She also said that the residents can choose to screen their items from view by erecting fences, landscaping berms or thick bushes.

"Really, when you get down to it, it was a vote of the people," Commissioner Howard Keeton said. "You might not agree with it, but the majority rules."

At an earlier meeting, the residents said they would seek enough signatures to force the county to hold another referendum with the goal of overturning the Self Governance Act. For a referendum to be placed on a ballot, the group would need the signatures of 10 percent of eligible voters in the unincorporated areas of the county.

Commissioners recently learned, however, that the issue could not come up for another vote until four years passed from the time the act was approved.

The act was approved Nov. 7.

Russ Corey can be reached at 740-5738 or russ.corey@timesdaily.com.