CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
April 17, 2007, 6:00 p.m.
The regular meeting of the Board of Commissioners was held Tuesday, April 17, 2007 at 6:00 p.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
County Attorney Patty gave the invocation, which was followed by the Pledge of Allegiance.
Chairman Clark called the meeting to order. The following commissioners were present: William H. H. Clark, Chairman; Ken Marks, Commissioner District One; Robert Winters, Commissioner, District Two;
James F. Emberson, Commissioner, District Three; and Dewayne Hill, Commissioner, District Four.
Additions: Authorization to enter into an agreement with Envision Ecology for Wetland Mitigation upon approval of County Attorney’s review of the agreement and Legal Advice for Executive Session. By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the regular meeting of April 3, 2007. There were no corrections and the minutes were unanimously approved as presented.
CHANGE ORDER TU PARKS COUNTY ADMINISTRATION BUILDING Carl Henson informed the Board of the change order in the amount of $2758 which he stated represents interest at the rate of 5% that would have been earned on retainage that the County was holding on the contractor, TU Parks, while waiting on completion of some of the items on the Administration Building. Mr. Henson stated this would bring the total amount of the contract to $1,802,277. Ken Marks made a motion to approve the change order on the Catoosa County Administration Building. Bobby Winters second the motion. The motion passed by unanimous consent.
ANNUAL COPIER MAINTENANCE CONTRACT – PLANNING AND ZONING OFFICE Carl Henson discussed the annual maintenance contract on the large copy machine used for Planning and Zoning. Mr. Henson stated the annual amount of the contract is $951.57. Chairman Clark called for all those in favor of approving the contract do so by saying aye. There was no opposition and the contract was approved by unanimous consent.
COUNTY MANAGER REPORT Mr. Brown reported on the following:
Mr. Henson presented the financial month ending March 31, 2007. [Attached hereto as Exhibit A]
ADOPTION OF NUISANCE ORDINANCE County Attorney Patty presented the Planning Commission recommendation for the amendment to the Zoning Ordinance to provide for identification of nuisances, and also abatement of nuisances. He said the proposed amendment had been circulated to the Board of Commissioners, and the Planning Commission had held the required public hearings. Bobby Winters made a motion to approve the amendment to the Zoning Ordinance. Ken Marks second the motion. There was no opposition and the amendment was unanimously approved. The amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA COUNTY ZONING ORDINANCE; TO PROVIDE FOR ABATEMENT OF NUISANCE; TO PROVIDE A DEFINITION FOR NUISANCE; TO PROHIBIT THE CONTINUANCE OF NUISANCE AFTER AN ORDER TO ABATE IS ISSUED; TO PROVIDE NOTICE TO ABATE NUISANCE; TO PROVIDE PROCEDURE TO ABATE NUISANCE; TO PROVIDE FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES; TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES
Ordinance #07-002
The Board of Commissioners of Catoosa County, Georgia finds that it is important for the unincorporated area of Catoosa County (the “County”) to appear clean, well kept, and generally clear of public nuisances, eyesores, and unhealthy conditions. The appearance of the County weighs heavily in decisions of prospective residences and businesses in locating in the County. A clean, safe, quiet and well kept community can stabilize or increase property values, provide a healthy environment, and encourage citizens to take pride in the area in which they live. The Board of Commissioners finds that it is important for the public health, safety, and welfare to provide for the reasonable regulation of things that cause hurt, annoyance and disruption to the daily lives of the citizens of the County. It is the intent and purpose of this Ordinance to encourage a clean, healthy, quiet and satisfying environment; one free of nuisances, eyesores, excessive noise, unhealthy conditions, unsafe or devaluating conditions. To this end, this Ordinance seeks to regulate and protect the health, safety, welfare, values and aesthetics of properties.
SECTION I
DEFINITIONS:
ABANDONED VEHICLE: A vehicle, including cars, trucks, trailers, boats, motorcycles, recreational vehicles, mobile homes, manufactured homes, or any other similar vehicle that meets one or more of the following conditions:
(a) Has been left unattended upon a highway, street, or alley or other public property outside a designated parking space for a period of forty-eight hours; and/or
(b) Is within public view and is inoperable, partially or wholly dismantled, wrecked, junked, discarded or similar condition, or any vehicle without a current license plate as required by law, and is located outside of an enclosed building, garage, carport, licensed junkyard or other place of business designated and lawfully used for the storage of such inoperable vehicles for a period exceeding thirty days.
PORTABLE SIGNS: (Which means signs which are attached to vehicles, trailers, movable structures, or attached to sign structures which are not permanently anchored into the ground, or any sign which may be transported or is designed to be transported). Such signs include, but are not limited to, printed banners or billboards attached to vehicles and trailers. Inflatable figures and objects (e.g., creatures, beer cans) fall into this category.
Nuisance: Anything that causes hurt, inconvenience, or damage to another or any noise, sound, or vibration that is of such character, intensity, and duration, that it is detrimental to the reasonable comfort, health, welfare or life of any individual shall constitute a nuisance. The fact that the act done may be otherwise lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or of such that would effect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable person.
SECTION II
Illustrative Examples of Nuisances: The following conditions, whether on occupied or unoccupied lands, public or private property are hereby declared to be and constitute a public nuisance and shall be abated; although this Section shall not be construed to be limiting with regard to its enumeration of public nuisances
(a) Weeds or grass allowed to grow to a height of greater than twelve inches on the average, or any accumulation of dead weeds, grass, or brush, that may provide safe harborage for rats, mice, snakes and/or other vermin.
(b) Vegetation that obstructs the safe passage or line of site of motorist or pedestrians at an intersection or driveway connection with a public or private street or alley or along any street or sidewalk.
(c ) Dead or dying trees or other vegetation that may cause a hazardous situation if they fall.
(d) Accumulation of trash, rubbish, refuse, junk, construction debris and other abandoned materials, metals, lumber, or other such items.
(e) The keeping or maintenance of one or more abandoned vehicles in public view or in a manner inconsistent with this Ordinance.
(f) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(g) All noises which may annoy or inhibit others in the reasonable enjoyment or use of their property, or any noise that is unreasonably loud, disturbing or unnecessary. Any bass sound that caused vibrations or rattles adjoining properties or homes.
The following conditions with respect to noise are hereby declared to be and constitute a public nuisance and shall be abated:
(1) The keeping or maintenance of any domestic animal which, due to prolong or habitual barking, howling, whining, or other noises, causes a annoyances to neighboring residents, or interferes with the reasonable use and enjoyment of premises occupied by such residents, is hereby declared to be a public nuisance and shall be abated;
(2) The sounding of any bell, horn, whistle, mechanical device operated by compressed air, or signal device while not in motion, except as a danger signal, for any unnecessary and unreasonable period of time;
(3) The use of any siren, other than police, fire or emergency vehicle;
(4) The use or operation of any musical instrument, radio, loud speaker, or sound amplifying device so loudly as to disturb persons in the vicinity thereof;
(5) The use of any vehicle that is in a state of disrepair so as to create loud or unreasonable grinding, rattling, back-firing or other noise.
(h) All disagreeable or obnoxious odors or stenches as well as conditions, substances or other causes which give rise to the admission or generation of such odors or stenches, including smoke and fires.
(i) The pollution of any public well, stream, lake, canal or body of water by sewage, dead animals, industrial waste, agricultural waste, industrial waste, or other substances.
(j) Any building structure or other place or location where any activity is conducted, performed or maintained in violation of local, state or federal law.
(k) Any accumulation of stagnant water.
(l) Any method of human excretion disposal, which does not conform to the provision of local ordinances, state or federal law.
(m) Portable signs in any District other than Commercial, Industrial or Agricultural Districts.
SECTION III
NUISANCE PROHIBITED: It shall be unlawful for any person, firm, corporation or other entity to cause, permit, maintain, or allow the creation or maintenance of a nuisance, as defined herein.
SECTION IV
NOTICE TO ABATE: Whenever any nuisance is found to exist within the jurisdiction of the County, the Zoning Administrator shall give written notice to the owner or occupant of the property upon which such nuisance exist or upon the person causing or maintaining the nuisance, to abate the nuisance.
SECTION V
CONTENTS OF NOTICE TO ABATE: The notice to abate a nuisance issued under the provisions of this Ordinance shall contain the following:
(a) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;
(b) The location of the nuisance, if the nuisance is stationary;
(c) A description of what constitutes the nuisance;
(d) A statement of acts necessary to abate the nuisance; and
(e) A statement if the nuisance is not abated as directed, the County will file an action in the Magistrate Court of Catoosa County, Georgia to abate the nuisance.
SECTION VI
PENALTIES FOR VIOLATION:
Following a hearing in the Magistrate Court and upon a finding by the Magistrate Court that a nuisance exists and upon the failure of the owner or occupant of the property or the person causing or maintaining the nuisance to fail to abate the nuisance, that person shall be guilty of a misdemeanor and upon conviction, shall be punished for each offense according to the law with the fine to not less than $50.00 and not more than $1,000.00. Each day such violation continues shall be deemed a separate offense.
SECTION VII
EFFECTIVE DATE: This Ordinance shall be effective upon the date of its adoption. Notwithstanding the effective date no nuisance in existence on the date of adoption shall be permitted to continue.
PLANNING COMMISSION RECOMMENDATIONS:
Mr. Donald Brown presented the following rezoning recommendations:
Case No.996-07, Robert Usery, Roy Avenue, R-1 to C2. The Planning Commission denied the request to re-zone to C-1 but approved as C-2. Mr. Brown stated the Planning Commission decided that since the adjoining property was currently zoned C-1 it would be best for the future use of the property to be zoned C-2. Mr. Brown stated the Planning Commission approved a re-zoning to C-2, subject to no commercial traffic access from Roy Avenue and a 50-foot buffer between residential property. Chairman Clark called for all those in favor of approving the rezoning request do so by saying aye. There was no opposition and the rezoning request was approved by unanimous consent.
Case No.997-07, Howard Roszell, Cloud Springs Road, Conditional Use. The Planning Commission denied Mr. Roszell’s request to rezone the property from R1 to C1 but approved as a conditional use. Mr. Brown stated Mr. Rozell was planning to build a retirement center at 2450 Cloud Springs Road. Mr. Brown stated the Planning Commission approved the request as a Conditional Use subject to a 50-foot undisturbed buffer, construction of a single level building design as presented to Planning Commission and all traffic access from Cloud Springs Road. Chairman Clark called for all those in favor of approving the Conditional Use do so by saying aye. There was no opposition and the Conditional Use was approved by unanimous consent.
WETLAND MITIGATION BANK – ENVISION ECOLOGY County Manager Ron Brown stated staff recommends that Catoosa County enter into a mitigation banking agreement with Envision Ecology, LLC and that the Chairman sign the agreement upon approval of the contract by the County Attorney. Chairman Clark called for all those in favor of approving to enter into a mitigation banking agreement with Envision Ecology, LLC do so by saying aye. There was no opposition and the motion passed by unanimous consent.
Bobby Henson, resident. Stated he would like to thank the Board, Mr. Brown, and Mr. Patty for approving the Nuisance Ordinance.
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of legal advice. The vote was taken by roll call and the Board unanimously voted to go into executive session for legal advice at 6:20 p.m. The Board voted unanimously to come out of executive session at 6:46 p.m.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 6:47 p.m.