The board of trustees continued their discussion addressing the Town of Buena Vista’s Nuisance Code during their meeting April 23. The trustees noted the current code has noticeable gaps in how it addresses vacant residential properties, occupied domiciles and commercial properties. Currently, the code has different standards for vacant residential properties and occupied ones. The trustees directed staff to draft updates to the Nuisance Code and start taking ‘baby-steps’ to address the issues at hand. Primarily focused on health and safety.
“I like the idea of taking a small step,” said Town Administrator Phillip Puckett. “There is good language within [the code] that we can work with.”
The balance between enforcement without encroaching on property rights while still maintaining standards for health and safety is delicate. Prior to their 7 p.m. meeting, the trustees embarked on a field trip around Buena Vista to review some of these vacant domiciles. Grant Bryans, Buena Vista’s code enforcement officer, led the tour.
Town Attorney, Jeff Parker, was present in the meeting to offer insight on the current code and ways to update it to solidify its legal integrity. He and some of the trustees highlighted some of the wordage within the existing code that was too ambiguous.
“My [idea] would be to reorganize and redraft your Nuisance Code so it’s more understandable and everything is consistent,” Parker advised the trustees. “You always want language that isn’t subjective. There are some places you want to make some changes.”
He pointed out a few instances where the existing code uses words like “rubbish,” “junk” and “scattering of debris.” Many of these phrases exist in separate sections of the code, though they address the same general issue. “You can modernize it, clean up your definitions and organize it better,” said Parker.
Discussions around the existing code began to drift into the enforcement of lawn aesthetics and property maintenance beyond the realm of health and safety, but the trustees refocused the discussion to updating and improving the health and safety portion of the code. They refrained from treading into topics of aesthetic appearance: for example, requiring that town residents water their lawns to promote greenery within the town.
“I think it’s really important that we emphasize health and safety,” said Trustee Libby Fay. “I don’t think we can require people to water their grass.”
Trustee David Volpe echoed Fay’s comments. “Health and safety is the primary concern, and I am hoping to address that,” he said.
Lacy and other trustees pointed out that many in town cannot afford to water their grass every day.
“We can’t put a hardship on people,” said Lacy.
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