BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — Martin County Code Enforcement Officer Paul McCoy detailed solid waste enforcement procedures during a meeting May 1 of the new Martin County Solid Waste Board.

McCoy presented four forms that he, County Attorney Melissa Phelps and Solid Waste Coordinator Eric Phelps worked together to draft: call-in complaint, response to complaint, notice of citation and notice of violation.

He explained the process that he followed for the last three and a half years since taking the position.

When the judge’s office receives a complaint, the solid waste coordinator provides McCoy with a copy of the completed “call-in complaint” form containing the property address and other details.

“I go out and check the property and talk to the homeowner,” McCoy said.

If the officer finds cause, he issues a notice of violation.

“I tell them, ‘Within 14 days, I have to see an improvement—that you’re actually trying to clean this property up. If not, we’ll have to take further action.’”

The “further action” contained in the notice of violation includes:

• After 14 days, a citation will be issued and fines will commence at the rate of $100 per day per offense until the violation is corrected.
• After 60 days, if the landowner has not come to an agreement with code enforcement regarding correcting the violation, a lien will be filed against the property owner to reimburse the county for taking corrective action.
• After six months, the Martin County Fiscal Court will initiate the lien judicially through the courts if the landowner has not made arrangements to pay the county for work completed to correct the violation and to satisfy any liens or additional costs.

McCoy shared mixed results from his experiences.

“Some of them have complied; some of them haven’t,” he said. “Most people are pretty level-headed. You can talk to them and get things done.”

McCoy described an encounter he had earlier in the day with a resident who was not cooperative.

“I was told today by one that he would not comply with anything the county offers,” said McCoy. “He said it didn’t matter what I came to him with; he would not do it. He said a lot of stuff to me, but I didn’t say anything to him.”

McCoy plans to return to that property with a law enforcement officer within the week to issue a notice of citation.

“A lot of people will say, ‘You can’t tell me what to do with my property. It’s mine. I pay taxes,’” added McCoy. “It’s going to be a rough go.”

He mentioned working on “a couple” of cases with Martin County Sheriff John Kirk.

“They’re coming along good. They’re cleaning up,” McCoy commented.

McCoy described a property on Turkey Creek Road as being “in bad shape” last week.

“I went through there today and couldn’t even tell it’s the same property. It was clean,” he said. “I think a lot of people are getting the point.”

Board chairman Greg Murphy stated, “It isn’t to harass anybody. It’s just to give us a better place to live.”

McCoy said he is always willing to help people and give them longer than 14 days if he sees they are trying.

“We want to do everything on a civil level, but a lot of these people aren’t going to agree with this.”

• Violators who receive a notice of citation are subject to a minimum fine of $100 per day and a maximum fine of $200 per day for each citation for failure to correct a violation.
• Each day of violation constitutes a separate offense.
• If the violator does not contest the citation within the time prescribed, the code enforcement board will enter a final order determining the violation was committed and impose a civil fine. The final order will be served on the violator.

• Violators must respond to the citation within seven days by either paying the fine or requesting, in writing to the board clerk, a hearing before the board to contest the citation.
• If the violator fails to respond to the citation within seven days, the violator waives the right to a hearing and the determination will be final.

“We just want to clean our county up,” remarked McCoy. “For four years, I’ve been doing roadside pickup, and sometimes, we pick up over 100 bags a month throughout the county. We’ve made some progress, but there’s still a lot more that needs to be done. But if I hadn’t started picking up, what kind of shape would it be in now?”

Eric Phelps said McCoy picked up around 2,500 bags within 200-plus miles in 2023.

“The county is helping,” Phelps said. “We’re not trying to come to you and tell you, ‘You’ve got to do this today.’ There are plenty of steps to give you ample time. We’ll try to help you find resources if you can’t get it cleaned up. It’s not that we want to punish anybody. The county is doing its part, and we ask everyone to help us.”

McCoy said he had shown more leniency in certain cases and personally helped residents clean up their property.

“A lot of people don’t have the means; they don’t have a truck,” he explained. “A lot of times after work, I take my truck, my weedeaters and lawnmowers and go out and clean up people’s property because they’re not able to do it. I take their trash off.”

He has gone to some properties more than once.

“Some people won’t help themselves,” commented McCoy. “But I try to help the elderly. It isn’t the county’s cost, and if I can help them, I will.”

Board member Deresa MacDonald said people need to realize that cleaning up their property makes it more valuable.

The board will meet again June 5 at 5 p.m. in the Martin County Government Center.