Starkville Reforms Code Enforcement for Neglected Properties
In an effort to tackle neglected properties more swiftly, the Starkville Board of Aldermen unanimously approved on 6th August the use of a new section in state code. The newly enacted Mississippi Code 21-19-11, following the 2022 legislative session, facilitates a faster process for the city to act against certain blighted or violating properties, which have been identified.
Implications of the New Code Enforcement Change
This new enforcement change empowers specific city officials such as the mayor, the building official, and the code enforcement sergeant to determine whether or not a property poses a threat to public health, safety, and welfare. For instance, a property strewn with debris, glass, or overgrown vegetation could be declared a public menace, and this amendment permits these officials to make such declarations and subsequently seek immediate action approval from the board.
However, the code enforcement comes with a limitation; only properties of less than one acre and with a cleaning cost less than $250 excluding administrative costs can be included. These requirements limit the enforcement to relatively smaller cleanup tasks, like mowing the lawn or removing trash.
According to Mayor Lynn Spruill, a bid was put out for a contractor to expedite these jobs, but there have been no responses so far. Until a contractor is found, the city’s sanitation department will conduct the mowing jobs.
Changes to the Hearing Process
The adoption of this code aims to shorten the timeline in addressing certain property conditions. Prior to this, when neglected properties were identified by a code enforcement officer, the city would notice the property owner two weeks prior to the public hearing to debate over the property’s menace status. Upon confirmation of a property being public menace, the city would then wait for another 10 days before taking action against the property to give the owner a final chance to resolve the issue.
Now, under the stipulations of Section 2 of Mississippi Code § 21-19-11, this process is much faster. Authorized representatives when identify a neglected property smaller than an acre need to send the owner just a seven-day notice of a public hearing.
When an owner fails to show up to the hearing, the city is then cleared to go in and clean it up. However, properties that are larger than one acre or require more than $250 to clean will still abide by the two-week notice and the ten-day waiting period rule. Once the cleanup process is completed, the owner can be charged a penalty of either $100 or the total cost of cleaning the property, whichever is higher, according to the state code. In the case of mowing, the charge rises to $300 per mowing job. If the owner fails to comply, the city can either put a tax lien on the property or take the owner to municipal court.
Historical Context of the Change
According to Mayor Spruill, the use of Section Two of code §21-19-11 was previously not applicable for Starkville due to its population being less than 25,000. However, the code was amended during the 2022 legislative session, reducing the population requirement to 1,500, making it applicable for Starkville. The city of Columbus, since the amendment, has been using the section and first did so for a property in November 2022.
