County attorney previews enforcement suits; commissioners authorize lawsuit against Albright property

The DeKalb County attorney told commissioners May 27 that the county is pursuing several enforcement actions and will move toward court enforcement where compliance has not been achieved.

Attorney update: The county attorney said the Beaumont case has a hearing July 1 on a judgment motion after the other side failed to file an answer; the county will seek damages and attorney fees permissible under the county ordinance. The attorney said a separate hotel property has shown some recent activity on site and the county is working on service of process in that matter.

Raw-sewage issue and Michael Sherrod property: The attorney said county code and state statute allow the health officer to issue a detailed compliance letter with a timeline and that, if necessary, the county attorney can file for an injunction in circuit/superior court. The attorney said if an injunction is granted and the property owner continues to use a noncompliant system, the county can pursue contempt remedies, including fines and jail. The health department is expected to provide or confirm whether the required compliance letter was issued; the county attorney said he has asked for that record and will proceed if the letter exists.

Albright property lawsuit authorized: The board voted to authorize a lawsuit against the Albright property after staff said the owner had not complied with prior notices and timelines. Commissioners moved, seconded and recorded the motion as carried before directing staff and the county attorney to proceed with required filings. The transcript shows commissioners discussed that Jace (county code enforcement) had issued compliance letters and that additional time had been allowed in winter months; the board directed the county attorney to pursue litigation when compliance steps had been exhausted.

Carter Road property and cleanup: The attorney and staff also reported that a cleanup on a Carter Road property had stalled after earlier progress. Commissioners directed staff to have code enforcement contact the property and report back before moving to default judgment, noting the property owner’s health and other circumstances may have affected the pace of cleanup.

Why it matters: These enforcement actions involve use and safety of private property and public-health compliance; court actions can impose fines, require remediation or seek injunctive relief to stop ongoing public-health hazards.

Next steps: Staff and the county attorney will continue to coordinate with the health department and code enforcement, pursue service of process where required, and proceed with litigation on the Albright property. Commissioners voted to authorize the Albright suit and instructed staff to report back on progress and any further necessary actions.