BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — Martin County Fiscal Court unveiled a new solid waste and nuisance ordinance in its meeting Thursday. The 22-page ordinance implements stricter fines and penalties for violators, empowers code enforcement officers with extended authority, and establishes a code enforcement board to oversee legal proceedings.

Before delving into the first reading of the ordinance summary, Martin County Judge/Executive Lon Lafferty conveyed his perspective to the magistrates.

“One of the promises I made is that we’re going to clean up the county. And we’ve always said we need to do something to clean up our county,” remarked Lafferty. “If you don’t have a clean county, it’s almost impossible to have economic development.”

He further emphasized, “These roadside dumps are a health hazard and direct threat to the safety and health of our citizens.”

This latest ordinance supersedes the county’s trash regulations from 2016 and the nuisance laws established in May 2005.

In terms of enforcement, code enforcement officers now have the authority to issue notices and citations. They are not prohibited from making arrests as a private person.

Constables can also act as code enforcement officers.

While violators may be allowed an opportunity to rectify their mistakes, the county is poised to act swiftly in critical situations that threaten public health and safety.

The ordinance outlines a detailed fine structure for both contested and uncontested violations. Uncontested violations could see fines ranging from $100 to $200 daily until resolved. In contrast, contested infractions might incur charges between $300 and $500 daily, contingent on the frequency of violations. These daily fines commence 14 days post-citation.

If fines go unpaid, Martin County can impose liens on the properties of violators. These liens will accrue an annual interest of 12% and hold precedence over numerous other liens.

Violators have a week to address citations. Failing to appear for a scheduled hearing with the code enforcement board may lead to relinquished rights and automatic fines. Those dissatisfied with the board’s rulings can challenge the decision in the Martin District Court within a month. According to the ordinance, unless appealed, the board’s decisions are deemed conclusive.

The new ordinance maintains several regulations from the earlier garbage ordinance, particularly around garbage storage, mandatory collection, franchising and illicit dumping. However, it expands on the list of prohibited activities.

Nuisances highlighted in the ordinance encompass inappropriate storage or scattering of junk, abandoned equipment like mobile homes, non-functional vehicles without valid registration, waste materials, household trash and more. For instance, residents are cautioned that retaining unregistered, non-operational vehicles or uninhabitable mobile homes on their premises beyond 30 days is a violation.

Furthermore, allowing any structure to deteriorate to a state unfit for human living or letting conditions deteriorate that jeopardize occupants’ health and safety also constitutes a violation.

When a nuisance violation is identified, officers will furnish a written notice, usually offering a 14-day window for rectification. This timeframe is reduced to 72 hours in extreme cases threatening community welfare.

Violators are accountable for all rectification costs. If issues persist beyond 14 days, an enforcement officer can levy a fine. If unresolved after 60 days, the county can intervene directly.  This might include the county entering the property and removing the nuisance, with the cost assessed against the violator.

Should disputes extend beyond six months, the court can initiate legal proceedings against property owners.

When citations are challenged and necessitate a board hearing, the potential fine could peak at $500 daily. The code enforcement board is equipped to negotiate penalties, devise payment arrangements, and determine corrective steps based on individual cases.

The Fiscal Court is set to conduct the second reading of the ordinance Oct. 12 at 1 p.m.