

Stop the Misuse and Abuse of Nuisance Ordinances


Stop the Misuse and Abuse of Nuisance Ordinances
The Issue
As a resident alongside many others of Stephens County, it is our intent to stop the misuse and abuse of Chapter 34 Nuisance Ordinances of the Stephens County Code of Ordinances. This ordinance outlines what is considered infractions on property in our county. While clear acknowledgment is made of the importance of these types of ordinances to ensure the safety of everyone and the environment, it dictates what is placed on property, where it is placed, how it is placed as well as the freedom of expression and pursuit of financial gain. This ordinance as stated by the County Marshall and the county, is solely complaint based. This allows selective prosecution along with malicious intent, favoritism, personal agendas and opinions to dictate how this ordinance is executed and enforced. Malicious intent plays a major role when someone whom you were once friends with or good neighbors decide they no longer like each other and start using this ordinance to cause a stir in what was never a problem before. Developers that move in can start using these ordinances in an attempt to overwhelm you until you finally give up or lose your property for their gain. If this ordinance which is mirrored by state regulation is so imperative to have then its enforcement and compliance should be applied to all Stephens County residents. Properties/Neighborhoods unseen, occupied by any person regardless of social, political or monetary status as well as properties without neighbors. An ordinance that is supposedly so important should be enforced when the marshall sees an infraction regardless if there is a complaint filed or not.
On My “court date “ on April 24, 2025. No judge was present, no recordings were taken. I did not pay a fine, I did however request a trial with a judge present. I get called to speak to the Marshall and the clerk. The Marshall asked what’s being done. We informed him progress was being made on our timeline. I then asked the Marshall how we could be in trouble when his own neighbors and his house are infracted (inoperable RV’s, trash, old cars not operable sitting around). He replied with “those are my neighbors and it’s not my business.” That alone shows where this ordinance gives way to selective prosecution.
I believe in being a good steward of the environment. I do not condone unsafe hoarding situations and blatant disregard to proper disposal of waste. I do not condone unsafe conditions that jeopardize the physical health of a person or persons. The nuisances deemed infractions in the ordinances allow anyone to complain on trivial things that they have an alternate aesthetic towards. Properties that are hidden from all public view go unchecked whether infracted or not. A vehicle that you are restoring or working is called into question no matter the circumstances surrounding it. Yard art that is a hobby, personal preference or brings monetary gain is officially called into question by someone's opinion. Infractions seen by any governing official that uphold these ordinances should be called into question. At the end of the day, in the grand scheme of life, we have bigger problems than dictating how people live, spend their money and use their property. This ordinance needs amending in a way that doesn't allow standards of living, monetary and social status to dictate an American right to own and operate their property. Myself and countless others ask, is this really an issue or is this just a way to achieve a look that meets a personal gain or opinion for someone else? Has this become a revenue scam? Is the current ordinance being properly and fairly enforced in its entirety? Do people have the tools and information to successfully execute the ordinance within reasonable economic means? This ordinance falls in line with the concept that you can live beside a murderer as long as they don’t murder someone you like in which then gives you reason to complain to an official. Marshall’s are cops before they become Marshalls so does that mean law enforcement is supposed to ignore someone actively doing drugs on the sidewalk as long as someone doesn’t complain?
265
The Issue
As a resident alongside many others of Stephens County, it is our intent to stop the misuse and abuse of Chapter 34 Nuisance Ordinances of the Stephens County Code of Ordinances. This ordinance outlines what is considered infractions on property in our county. While clear acknowledgment is made of the importance of these types of ordinances to ensure the safety of everyone and the environment, it dictates what is placed on property, where it is placed, how it is placed as well as the freedom of expression and pursuit of financial gain. This ordinance as stated by the County Marshall and the county, is solely complaint based. This allows selective prosecution along with malicious intent, favoritism, personal agendas and opinions to dictate how this ordinance is executed and enforced. Malicious intent plays a major role when someone whom you were once friends with or good neighbors decide they no longer like each other and start using this ordinance to cause a stir in what was never a problem before. Developers that move in can start using these ordinances in an attempt to overwhelm you until you finally give up or lose your property for their gain. If this ordinance which is mirrored by state regulation is so imperative to have then its enforcement and compliance should be applied to all Stephens County residents. Properties/Neighborhoods unseen, occupied by any person regardless of social, political or monetary status as well as properties without neighbors. An ordinance that is supposedly so important should be enforced when the marshall sees an infraction regardless if there is a complaint filed or not.
On My “court date “ on April 24, 2025. No judge was present, no recordings were taken. I did not pay a fine, I did however request a trial with a judge present. I get called to speak to the Marshall and the clerk. The Marshall asked what’s being done. We informed him progress was being made on our timeline. I then asked the Marshall how we could be in trouble when his own neighbors and his house are infracted (inoperable RV’s, trash, old cars not operable sitting around). He replied with “those are my neighbors and it’s not my business.” That alone shows where this ordinance gives way to selective prosecution.
I believe in being a good steward of the environment. I do not condone unsafe hoarding situations and blatant disregard to proper disposal of waste. I do not condone unsafe conditions that jeopardize the physical health of a person or persons. The nuisances deemed infractions in the ordinances allow anyone to complain on trivial things that they have an alternate aesthetic towards. Properties that are hidden from all public view go unchecked whether infracted or not. A vehicle that you are restoring or working is called into question no matter the circumstances surrounding it. Yard art that is a hobby, personal preference or brings monetary gain is officially called into question by someone's opinion. Infractions seen by any governing official that uphold these ordinances should be called into question. At the end of the day, in the grand scheme of life, we have bigger problems than dictating how people live, spend their money and use their property. This ordinance needs amending in a way that doesn't allow standards of living, monetary and social status to dictate an American right to own and operate their property. Myself and countless others ask, is this really an issue or is this just a way to achieve a look that meets a personal gain or opinion for someone else? Has this become a revenue scam? Is the current ordinance being properly and fairly enforced in its entirety? Do people have the tools and information to successfully execute the ordinance within reasonable economic means? This ordinance falls in line with the concept that you can live beside a murderer as long as they don’t murder someone you like in which then gives you reason to complain to an official. Marshall’s are cops before they become Marshalls so does that mean law enforcement is supposed to ignore someone actively doing drugs on the sidewalk as long as someone doesn’t complain?
265
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Petition created on March 29, 2025