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July 25, 2012

City Council discusses properties, public nuisances

DUNCAN — The house at 405 S. 13th is on the City of Duncan’s hit list as a public nuisance. And right next door to that property is a yard that received the Duncan Garden Club’s “Residential Yard of the Month” this summer.

At Tuesday’s city council meeting, Dan Pound appealed to the council to not declare his property as a public nuisance. And the neighbors, Don and Twilla Garner, also attended the meeting to voice their objections about the property.

Pound’s property was one of five properties in Duncan up for  consideration by the council as being declared a public nuisance for structures and/or overgrown vegetation.

“Admittedly, I was late getting down here this spring,” Pound said about having been notified about tall grass earlier in the year. “The structure is sound.”

Dana Schoening, Duncan Community Development director, said the property on South 13th went through a public nuisance hearing July 10, but was appealed by Pound.

“There has been communication with the property owner,” Schoening said. “Some trees have been removed. The structure, itself, nothing’s been done to it.”

Schoening said two properties in the vicinity of Pound’s property have also been declared nuisances in the past six years.

“I want to take care of whatever you want me to do with the property,” Pound said.

Neighbors, Don and Twilla Garner also had a chance to tell Duncan council members how they were feeling about the situation.

The Garners’ home was the Duncan Garden Club residential lawn of the month award recipient.

Twilla Garner said Pound’s property has been unoccupied for much of the past eight years.

And although some work has been done on the property, she said Pound is doing just enough “to get the city off his back.”

“There’s still a lot of dead trees,” Garner said. “Animals are making their homes in there. We feel Mr. Pound has had more than enough time.”

Don Garner added to what Twilla Garner reported to the council.

“The trees are overgrown,” Don Garner said. “Our property is compromised. One of my concerns is about the stop sign being compromised. That’s not a good intersection to begin with.”

Pound did give a rebuttal of what the Garners said about the property. He said all of the dead trees have been removed.

He also told the council he was unaware that all of the overgrown trees and vegetation on the north side of the property also had to be removed.

He said Schoening informed him his property was set to be declared as a public nuisance because his wasn’t occupied, although there are other properties in worse conditions. Pound said the house will be occupied by Aug. 1.

In addition, Pound told the council he hadn’t been notified of the public nuisance hearing and wasn’t aware it took place until he received a notice of appeal.

“We wouldn’t have held a hearing if the notice hadn’t been sent,” Schoening said.

City Manager Jim Frieda said the city wants to ensure all homeowners get their due process and requested the council table the item until the next meeting to get things squared away.

Following the meeting Tuesday evening, Pound could be seen trimming trees away on the north side of the property.

Aside from Pound’s property, four other properties were recommended for declaration as public nuisances. Those are:

- 113 E. Fig: The property initially went through the public nuisance hearing Jan. 3.

“We looked at what progress had been done in six months,” Schoening said. “It continues to dilapidate.”

Schoening said the city sent out an appeal form and received a letter in return asking for a year extension to take care of the needs of the property. C

Crandle Olds, the son of the property owner, spoke with the council during the meeting to ask for more time to remove the dilapidated structure on the property.

“The house and the property has a lot of sentimental meaning to us,” Olds said. “We just ask for an extension. The end of October is our goal.

“Dad’s 80. I’ve been in the hospital most of this time. It’s hard to do it in 100 degree weather.”

The council gave the property owner until Oct. 31 to get the property cleared.

- 804 N. Third: Council declared it as a public nuisance and ordered abatement.

- 209 W. Pine: Declared a public nuisance and abatement was ordered.

- 203 W. Spruce: The council gave six months to the property owner at 203 W. Spruce because progress has been made and windows have been ordered for the property, it was noted. Frieda has been in contact with the property owner.

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