Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Nuisance Enforcement topic
No spam. Unsubscribe anytime.
Resident alleges stormwater nuisance; council votes to send letter to Corn Belt Seed Solutions
Summary
After resident Michelle Ludwig read city nuisance provisions and said stormwater is pooling onto her property, the Agency City Council voted to send a nuisance letter to the neighboring property owner (Corn Belt Seed Solutions); council debated whether the matter is civil or actionable under city ordinance and opted for a formal notice.
Michelle Ludwig told the Agency City Council on Nov. 14 that stormwater runoff from a neighboring property is pooling onto her property and that the neighbor installed a drain and sent threatening texts. Ludwig read sections of the city nuisance ordinance and asked the council to declare the situation a nuisance.
Councilmembers exchanged views on whether the dispute is a civil matter or subject to city enforcement. Councilmember Andrew Birch said the council could not determine the nuisance without seeing the site in person; Councilmember Jacoby Deshler argued the council should enforce its ordinances. Sheriff Don Phillips advised the council to consult the city attorney.
By motion of Deshler, seconded by Sara Jane Douglas, the council voted to send a nuisance letter to the owner identified in the meeting as Corn Belt Seed Solutions. The roll call vote was unanimous. The council said the letter would reference ordinance sections raised during the hearing and put the burden on the owner to demonstrate the drain was installed properly.
The transcript does not record the neighbor’s response in the meeting beyond Ludwig’s account; the matter remains unresolved pending the owner’s response to the letter and any further council or legal action.
