1996-10-03 Work Session
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WORK SESSION, OCTOBER 3, 1996
BOOK 25
PAGE 623
ASSEMBLY
The New Hanover County Board of Commissioners held a Work
Session on Thursday, October 3, 1996, at 10:00 A.M. in the
Conference Room of the New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina.
Members present were: Commissioners
William E. Sisson, Jr.; Vice-Chairman E. L.
Manager, Allen O'Neal; County Attorney, Wanda
Clerk to the Board, Teresa P. Elmore.
William A. Caster;
Mathews, Jr.; County
M. Copley; and Deputy
Chairman Robert G. Greer and Commissioner Sandra Barone were
absent.
Vice-Chairman Mathews called the meeting to order and reported
the purpose of the Work Session was to hear a presentation on
problems being experienced by Keep America Beautiful and the
Environmental Enforcement Unit of the Sheriff's Department
concerning illegal dumping and other environmental concerns of the
community.
County Manager O'Neal reported Sheriff McQueen was unable to
attend the meeting because of a commitment in Greensboro, NC;
however, he expressed his support for the operation of the
Environmental Enforcement Unit. Captain James Smyre of the Patrol
Division was present to represent the Sheriff.
Mrs. Nancy Pritchett, Director of Keep America Beautiful,
explained the process of handling complaints concerning litter and
illegal dumping. Upon receiving a complaint, a visual inspection
of a site occurs, notification of the violation is then mailed to
the legal owner of the property giving a 30 day notice to correct
the violation. Most of the time the warning letter is effective.
If the violation is not heeded upon, the deputies visit the site to
discuss the problem with the owner. However, if a complaint
involves the health of the community, the deputies are called to
respond immediately to the property owner. More often, the
Deputies receive complaints first and respond accordingly.
Deputy John Murray, of the Environmental Enforcement Unit,
presented slides showing problem areas of the county. Rather than
take discarded items to the County's landfill facility on Highway
421 North, many people dump trash and household items in wooded
areas of the County to avoid the tipping fee or the inconvenience
of traveling across town. Slides of roofing shingles, appliances,
furniture, carpet, tires, and yard debris were shown scattered
behind several residential neighborhoods, such as River Oaks,
Arrowhead, Beau Rivage, and Lansdowne.
Deputy Murray explained that at one time, the courts allowed
evidence found in the rubbish pile to be used in issuing a warrant;
however, the District Attorney's Office requires an individual to
be caught in the act or an eye witness of the dumping before a case
can be brought to court. wi th the time involved in handling
complaints and enforcing the County ordinances, the deputies have
been unable to spend time on catching the violators.
Deputy Murray noted more complaints of illegal dumping have
been reported since the recent hurricanes. A woman at Carolina
Beach complained of someone dumping roofing shingles on top of her
furniture debris placed along the road for the Corps of Engineers
to pick up. The woman was concerned the Corps would not pick up
her debris because of the shingles.
Deputy Murray addressed several
becoming a health and safety concern.
structures and inoperable vehicles
neighborhoods. The Environmental
enforcement of these violations, but
other problems which are
Abandoned and deteriorated
are cluttering residential
Unit is limited in the
Zoning Enforcement can cite
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WORK SESSION, OCTOBER 3, 1996
BOOK 25
PAGE 624
owners for inoperable vehicles. Currently, there are no
regulations that require abandoned and dilapidated structures to be
demolished and removed. Deputy Murray suggested the County, by
placing a lien on the property, could pay for the removal of such
deteriorated structures. However, he was unsure whether the Fire
Marshall, Health Department, Sheriff's Department, or Zoning
Enforcement should enforce the health and safety violations.
Deputy Murray showed additional slides of health and safety
concerns, such as: deteriorated mobile homes abandoned in wooded
areas, inhabited structures that were dilapidated with no
electricity or running water, and partially burned homes that were
abandoned in residential neighborhoods. The Health Department and
the Fire Services Administrator were unable to enforce any
regulations at these sites because the violations occurred on
private property.
Commissioner Sisson remarked the City continues to have
problems with abandoned and dilapidated structures even with a
minimum housing code. The owner of an old abandoned house behind
Arby's Restaurant on Oleander Drive had been cited several times
for fire code violations. However, the fine is paid and nothing
else is done. After noticing a rat problem, Commissioner Sisson
purchased rat bait from the Health Department in order to
exterminate the rats. Recently, the owner has been cited for
having a dumpster too close to a restaurant.
Deputy Murray told of a woman who called the Health Department
concerned about a man raising rats near a mobile home park in the
Castle Hayne area. The only solution Vector Control or
Environmental Health offered was to sell rat bait. A video of the
tremendous health concern was shown, revealing several hundred rats
in breeding cages. Although the man cooperated and removed the
rats, some of the rats had escaped. He placed poison in open areas
to kill the remaining rats which was a significant danger to the
children and pets in the nearby mobile home park. Since the man
was conducting a commercial business in a residentially zoned area,
Zoning Enforcement was able to force the man to suspend the rat
breeding operation. Additionally, the man was charged with
violating three county ordinances: harboring of dead animals,
failure to dispose of dead animals in the correct manner, and
overgrowth of weeds. However, he felt the lower fines were
ineffective in keeping people from violating the county ordinances;
and he suggested increasing the fines.
Captain Smyre reported on the terrified residents in the
mobile home park who had a difficult time getting rid of the large
rats found in their homes.
Commissioner Sisson questioned why the District Attorney's
Office had changed the policy on prosecuting the violators of
illegal dumping.
Deputy Murray responded that environmental crimes were not a
high priority in the courts since there were so many serious
crlmes. pictures or an eye witness account must be given as
evidence before a judge will allow the case in court. The unit is
unable to spend time looking for illegal dumpers because of
handling so many complaints. Since the Commissioners approved
another position for the unit, the situation has become worse
because of the increased population.
In further discussion, concern was expressed for persons who
dump household garbage into privately-owned dumpsters. Deputy
Murray suggested mounting surveillance equipment in those areas to
catch the violators. The owners of these properties are the
persons who become financially responsible for cleaning up debris
left by illegal dumpers.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WORK SESSION, OCTOBER 3, 1996
BOOK 25
PAGE 625
Captain Smyre commented that in the past, if mail was found in
the trash, the information could be used as evidence in court. The
Sheriff's Department could serve warrants on that evidence with an
almost 100% conviction rate. However, the District Attorney's
office no longer allows that information as evidence.
Mrs. pritchett reported on some short-term solutions to the
environmental problems.
1. Owners will be notified of a program in which they can have a
junk car towed away at no charge, if the proceeds are donated to
Special Olympics or the Kidney Foundation.
2. Keep America Beautiful will print signs similar to the ones
used in pitt County that read "Illegal dumping can result in 3
years in jail, confiscation of vehicles, and civil penalties up to
$400 - 3 times the cost of cleanup." The Environmental Enforcement
Unit will distribute the signs.
Mrs. pritchett commented that posted signs have been used in
the past and have been a deterrent until the recent hurricanes.
For long-term goals, Mrs. pritchett suggested the following:
1. Increase fines. In Texas, littering decreased because of the
strongly enforced fine of $1000. Currently, the County's fines are
$50 - $100.
2. Establish a mlnlmum housing code. The code used by the City
of Wilmington and other areas may be too extensive and restrictive
for the poorer residents of New Hanover County. The main need for
a code is to be able to demolish uninhabitable dwellings like those
shown in the slide presentation. The courts would have to
authorize the tax liens and demolitions. The County would have to
fund the initial cost of demolition or clean up of an illegal dump
site when the owner has not cleaned the property.
3. Establish direct communications, such as voice mail or a pager
system, between Keep America Beautiful and the Environmental
Enforcement Unit.
4. Re-activate a program to pick up metal appliances one Saturday
a month using community service workers and a County truck and
driver. The program was helpful for residents who did not have the
means to haul old appliances. This type of program needs to be re-
activated until the County implements curb-side service similar to
the City.
5. Establish an environmental court similar to the system
developed in Memphis, Tennessee. All cases involving environmental
crimes go before the same judge on a scheduled routine. The judge
is able to focus totally on the environmental crimes and the same
penalty is given for similar crimes.
6. Purchase surveillance equipment for the Environmental
Enforcement Unit to use at dumpsters where violations occur most
frequently.
Mrs. pritchett suggested creating a task force to study these
long-term recommendations.
A video was shown on the environmental court program developed
in 1983 for Memphis, Tennessee. The special court was formed as a
solution to environmental issues that had no priority in the
regular court system. A single judge is able to focus on
environmental violations of health, housing, fire codes, building
codes, and zoning codes. Fines were increased from a maximum of
$50 to a continuing fine of $50 per day until compliance. However,
the environmental court assured compliance to environmental law
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WORK SESSION, OCTOBER 3, 1996
BOOK 25
PAGE 626
instead of just assessing fines. The environmental court
jurisdiction included the entire county by creating a county-wide
court of civil and criminal jurisdiction with injunctive authority.
The video pointed out that Keep America Beautiful, Inc. has
established a national network for twenty-five environmental court
systems. Annual meetings of the judges will dispense information
and assist in establishing new courts. The American Bar
Association has recognized environmental courts as "courts in
special ties" and has an environmental court committee in their
association. The environmental courts serve in partnership with
governments, communities and the judiciary, to make communities
cleaner and safer.
In discussion after viewing the video, County Attorney Copley
advised the Board that the judges and the district attorney's
office should be consulted before proceeding with the idea of an
environmental court. However, the chief justice of the State
courts can appoint or allow a special court for a specific purpose.
A task force of community representatives should be established to
study the issues. An Environmental "E" Team should be formed
between the Health Department, Fire Marshall and Zoning Enforcement
to reinforce each other on environmental regulations.
County Attorney Copley advised the Board that fines could be
increased because of legislation enacted several years ago that
allowed the County to adopt ordinances with fines greater than
$50.00.
In further discussion, County Attorney Copley advised the
Board that a minimum housing code may need to be implemented since
the County is more urbanized. If a house fire occurs and is
uninhabitable, the owner can be required to board up the house or
have the house demolished. A task force should consider whether
all or parts of a draft minimum housing code should be implemented,
as well as other options that the County should enforce.
In conclusion, County Manager O'Neal reiterated the need to
proceed with a task force to approach the judges for their support.
The initial task force should include: Mrs. Pritchett, Keep
America Beautiful; Deputy Murray and another representative from
the Sheriff's Department; the public at-large; a County
Commissioner; a judge; and representatives from the County
Manager's Office and the District Attorney's Office. Eventually,
the task force will need input from the Environmental Health
Department and Zoning Enforcement. The proposed task force and a
plan of attack can be presented at the Regular Meeting of October
21, 1996. He estimated a month or two would be needed to study the
issues and to determine how an environmental court could be
structured within the court system. He expressed concern about the
over-loaded schedule of the courts being able to handle a special
court and suggested that a representative from the Clerk of Court's
office be included in the process.
Commissioner Caster inquired as to whether community serVlce
workers and prisoners could be used in cleaning up the illegal
dumps rather than leaving the debris on site. Cleaning the illegal
dump sites would be a productive use of community service workers
for the citizens of the county.
County Manager O'Neal responded the judges have been receptive
to other requests during the past years. The courts may be able to
develop a mechanism to address this situation, but there may be
some difficulty because of the structured sentencing laws.
Mrs. pritchett responded Keep America Beautiful has used the
community service workers to collect roadside litter; however, the
workers were not allowed on private property where most illegal
dump sites were located.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WORK SESSION, OCTOBER 3, 1996
BOOK 25
PAGE 627
In further response, Captain Smyre explained at least two
guards must accompany the prisoners. Also, the County must place
a lien on the property and due process must be followed before
inmates can be allowed on private property.
ADJOURNMENT
Vice-Chairman Mathews commented the Board needs to address the
litter problem and environmental concerns of the County and will
consider options at the Regular Meeting of October 21, 1996. He
expressed appreciation to Mrs. Pritchett, Captain Smyre, Deputy
Murray and Deputy Taft for the informative presentation. The
meeting was adjourned at 11:30 A.M.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board