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Homewood council declares 405 Woodvale Lane a public nuisance, gives owner 30 days to abate
Summary
After weeks of slow cleanup, the Homewood City Council declared the property at 405 Woodvale Lane a public nuisance and set a 30-day window for the owner to remedy violations of the city's health and sanitation code; city staff warned the council the city could abate and place a lien if cleanup does not occur.
The Homewood City Council on Monday declared the property at 405 Woodvale Lane a public nuisance and began the 30-day abatement clock after hearing that cleanup at the site is progressing slowly. The council voted 9 to 1 to declare the nuisance.
The property had been the subject of a continued public hearing that began Aug. 25. Scott Cook, a city staff member who gave the enforcement update, told the council: "Progress is slow, but every week, there's more brought out to the street for the clamshell to come and pick up. So we are making progress." Cook added later that he had asked the owner to be present and that the owner had been told the matter was carried over to the Sept. 15 meeting.
Mayor/President Jones outlined the council's options before the vote and summarized the legal consequence of declaring a nuisance. He said the council could carry the hearing over or declare the nuisance and start the 30-day remedy period. Cook clarified the enforcement step that follows an unremedied nuisance: the city would schedule cleanup itself and place a lien on the property for the cost. As Cook explained, "then the city would schedule to clean it ourselves and place a lien on the property for the cost of that."
Councilors also discussed neighbors' complaints and whether the homeowner needed help to remove material. Cook said the homeowner was performing the work on his own and that he had not recommended accepting outside volunteer assistance. A council member noted neighbors reported the condition had persisted "for a long time."
Following debate about whether to give additional time, the council voted to declare the property a public nuisance and start the 30-day period for abatement. The official resolution for this action is listed as Resolution 25 1 61.
If the owner does not clear the property within 30 days, council members were told, the city may abate the nuisance and recover costs through a lien.
The public hearing on 405 Woodvale Lane is closed; the council said it will monitor progress and follow up as required by the city's enforcement process.
