Thursday, December 5, 2024
Members of the Hood County Commissioners Court deliberated on the possibility of enacting a salvage yard/junkyard order during a regularly scheduled meeting Oct. 22.
A draft of the order — which would impose restrictions on certain businesses like flea markets, junkyards, automotive wrecking and/or salvage yards — was created in response to multiple resident complaints regarding a neighbor’s property.
During a previous Hood County Commissioners Court meeting Aug. 13, the court addressed the issue of an environmental hazard complaint at 3800 Mabery Drive — a case that has sparked significant community concern and is now awaiting trial at district court.
Several residents spoke on the matter in August, including resident Cindy Holley, who called the property a “literal junkyard,” comparing it to the television show “Sanford and Son.” She also detailed the extensive debris littering the yard, which includes washers, dryers, mowers, mattresses, clothes, sofas, filing cabinets, refrigerators, hot tubs and a burn pile she said measures about 15 feet in diameter.
“The fire department's been out there at least four times,” Holley said Aug. 13. “The last time was approximately three weeks ago at 2:30 a.m. in the morning. I called because I'm sitting on my porch, and I keep smelling these odors, and then I flip my light on and the smoke is just coming around the corner.”
As many complaints surfaced that morning, it was also revealed that the case is currently pending in district court, where legal proceedings are underway to address the concerns.
While no action has been taken regarding the matter yet, several county officials composed a draft of a salvage yard/junkyard order, which would impose restrictions on certain businesses, mandating that they be located a certain distance from residential properties, and be screened to minimize visibility from neighboring houses and roadways.
However, county officials noted that the order may not be created if existing regulations prove sufficient to address the ongoing issues.
Precinct 2 Commissioner Nannette Samuelson explained that ever since the initial situation was brought to her attention, she had been working with Hood County Development Director Clint Head, County Attorney Matt Mills and Environmental Health Director Jeannie Stacks to see if they could prevent future situations from occurring.
"I don't expect there to be any action today,” she said. “I just wanted to present this, since that situation caused a lot of (concern).”
Mills explained that the group discussed whether the proposed salvage yard/junkyard order would provide any additional enforcement capabilities beyond existing laws.
He also cited Section 343.011 of the Health and Safety Code, which defines public nuisance as “keeping, storing, or accumulating rubbish, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, and cans, on premises in a neighborhood or within 300 feet of a public street for 10 days or more, unless the rubbish or object is completely enclosed in a building or is not visible from a public street.”
"The property that we discussed specifically with tons of junk cars on it, arguably, is already covered under public nuisance,” Mills said. “What we talked about ... is maybe pursue what we already have and see if this works essentially in court without putting in a new set of regulations, and if it doesn't, then we can come back and revisit."
Stacks also pointed out that the criminal penalties outlined in the Health and Safety Code enable the county to take significant action against violators.
"The court can order an abatement, which means we can get it cleaned up by the people,” she said. “If they choose not to, the first fine is $200 subsequence for $1,000, and that can be for each day it's in violation. They can also receive six months in jail for each violation, so we have the teeth to do what we want; it's just the county has never used that to our ability.”
Head also emphasized that if the court were to adopt this order, it would apply to everyone, adding that it would also be “forever.”
"It's easy to adopt the order — not too easy to undo it," he advised.
Hood County Judge Ron Massingill agreed and expressed that it might be more effective to utilize the existing broader regulations rather than create new ones, as current laws already address various nuisances, including rubbish and abandoned items, beyond just junk cars.
"If people let their own yard get to that state, they're not going to show up and answer any summons,” Massingill said. “And then if you go on their property with the wrecker or whatever, and start picking that property and take it off, I, as an attorney, was concerned about a liability for the county. That old adage about one man's treasure is another man's junk certainly applies to this. Some of these people will just think that that old car out there, that old washing machine or something, may come in handy for parts or whatever, and they want it ... I think that we have a better chance of enforcing what's already on the books."
Mills advised that the county should move forward with pursuing the case in court to see how the judge addresses the issues at hand. He suggested that if further action is needed later, they can reassess the situation at a later date.
