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Berne nuisance review board sets April 1 deadlines, eyes tougher ordinance language

Berne Nuisance Review Board · January 21, 2025
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Summary

At its January meeting the Berne Nuisance Review Board approved minutes, set April 1 cleanup deadlines for multiple properties with unplated or untitled vehicles, and agreed to gather neighboring towns’ ordinances as it considers revisions to Ordinance 781.

The Berne Nuisance Review Board opened its January meeting, approved the Dec. 17 minutes and moved on to a review of several properties that members said must clean up outdoor debris and unlicensed vehicles by April 1.

Board members examined photos taken in mid‑December for several addresses, including 466 Baltimore Street, 753 North Jefferson and 306 Wind Ridge Trail. Ron, a board member and council representative, reminded the group that the Baltimore Street property had been given an April 1 deadline to erect a fence and remove exterior items that have accumulated during winter. Members asked staff to confirm whether the new fence had been started and whether additional ordinance language is needed to ensure compliance.

The board spent considerable time on two properties with multiple vehicles. Staff reported that a contact for a scrapper had been identified; Shannon Smittley said he had reached out to a scrapper and passed along the phone number so the resident and the scrapper could connect. The scrapper indicated cars were worth about $125 each to him, while the resident had told staff he expected roughly $500 per vehicle. Board members said they would send formal letters requiring plating or removal and warned that fines could begin after the April 1 deadline if the photos at that time still showed noncompliance.

On 686 West, members acknowledged the resident had made noticeable improvements but that items remain (a storage area, kennels, a golf cart). Board members noted the occupant had reported medical problems that limited their ability to do physical cleanup; the board asked a member to contact the resident to learn whether the remaining items are temporary due to health and weather or intended to remain long term.

At 104 East Warner, several members called remaining lawn furniture and other items an “eyesore” on a main approach to downtown. Other members cautioned that lawn chairs alone do not always meet the legal definition of junk and urged care before ordering removals. The board agreed to research how neighboring municipalities handle similar issues and to report back to the group.

Members also discussed an ongoing construction site near Main Street (referred to as Man’s Construction). The board said no building permit drawing had been received by staff; they agreed to send the property owner a letter requesting a written plan by the February meeting so the board and staff could evaluate progress and next steps.

In a broader procedural discussion, members reflected on the board’s first full year of work and the roughly 40 properties the board has tracked. Several members said Ordinance 781 should be reviewed and refined to give clearer enforcement options; the board asked staff to circulate the current ordinance to members and to collect sample nuisance ordinances from nearby towns for comparison, so the board can draft suggested revisions for city council consideration.

Procedural actions taken during the meeting included the voice approval of the Dec. 17 minutes and a subsequent voice vote to adjourn on time. The board discussed—but did not adopt at this meeting—specific ordinance language changes; members set follow‑up tasks for staff to send letters to the affected properties, to pursue the scrapper contact, and to circulate Ordinance 781 ahead of the February meeting.

The board is scheduled to reconvene in February; members said they expect staff to report on any responses to letters and whether photos taken before the April 1 deadline still show noncompliance.