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Calhoun County Commission tables two nuisance cases, orders abatements on two other properties

Calhoun County Commission · September 26, 2024

Summary

The commission tabled abatement actions for properties at 4500 Asbury Avenue and 150 Old County 109 after public comment, ordered abatements at 401 Weaver Lane and 419 Rowan Street, and dismissed three other nuisance claims. All motions carried unanimously.

The Calhoun County Commission on Sept. 26, 2024, heard recommendations from Environmental Programs Manager Kraig Mize to proceed with public-nuisance abatements on four properties and took split action after public comment. Commissioners tabled two properties and approved abatements for two others, carrying each motion by unanimous voice vote.

Mize recommended abatement proceedings for properties at 401 Weaver Lane (Weaver), 4500 Asbury Avenue (Anniston), 419 Rowan Street (Anniston), and 150 Old County 109 (Anniston). Local investor Patrick Ritchie told the commission he intends to improve 4500 Asbury Avenue for resale, while neighbor Kathy Colorado urged condemnation of the same property, saying she believes drugs were manufactured there. Property owner Michael Dempsey said he had moved from 150 Old County 109 and was uncertain about cleanup responsibilities. After hearing these comments, Commissioner Shears moved to table consideration of 4500 Asbury Avenue; Commissioner Wilson seconded and the motion passed unanimously. Commissioner Patterson moved to table 150 Old County 109 (seconded by Commissioner Shears), and that motion also passed unanimously. Commissioner Shears then moved to proceed with abatement of 401 Weaver Lane and 419 Rowan Street; Commissioner Wilson seconded and the commission approved the abatements unanimously.

Separately, Mize recommended dismissing public-nuisance findings for three properties: 304 Rowan Street (Anniston), 117 Bailey Street (Oxford), and 4434 Bryan Avenue (Anniston). Commissioner Howell moved to dismiss as recommended; Commissioner Wilson seconded and the commission carried the dismissals by unanimous voice vote.

Mize also recommended declaring seven additional properties as public nuisances (including 1879 Parkwood Drive and 2603 Eulaton Road). Ms. Donna Konkel, who identified herself as the granddaughter of the owner of 2603 Eulaton Road, attended to ask about resolving the issue; Mize offered to meet with her after the meeting. Resident Gene Ward said he had installed a privacy fence at 0 S. Marshall Street to conceal the nuisance; County Attorney Gloria Floyd offered to speak with Ward after the meeting. Commissioner Howell moved to declare the properties as nuisances; Commissioner Wilson seconded and the motion passed unanimously.

Next steps for the properties the commission tabled were not specified in the meeting minutes. Owners were noted as having been adequately notified of the hearings; in several cases owners were not present. The commission did not vote to condemn any property at this meeting.

The commission’s actions on nuisance matters were recorded by unanimous voice votes; commissioners present were Chairwoman Henderson, Commissioners Patterson, Shears, Wilson and Howell. The commission did not set remediation deadlines in the minutes for the abated or declared properties.

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