Resident complains of nuisance property owned by South Pittsburg

The South Pittsburg and Kimball exit is seen from the Jasper Highlands subdivision atop Jasper Mountain in Marion County on July 30, 2014.
The South Pittsburg and Kimball exit is seen from the Jasper Highlands subdivision atop Jasper Mountain in Marion County on July 30, 2014.

SOUTH PITTSBURG, Tenn. - Local municipalities regularly use safety ordinances to make private owners take better care of dilapidated properties.

One South Pittsburg resident said it's time for the city to take its own advice regarding the old cement plant along Irondale Road in the Richard City area.

Kenneth McCallie told city commissioners at their February meeting he submitted a petition to City Hall in July asking for action on the rundown land, but "nothing happened on it."

"It's just falling in," he said. "It's terrible. There's no barriers to keep anybody out of it."

McCallie said when he spoke to City Administrator Sammy Burrows about the problem, he was told his petition didn't pertain to industrial sites.

City Attorney Billy Gouger said South Pittsburg has a "slum clearance" provision in its municipal code, but whether that applies to the old cement plant property is "a matter of interpretation."

"I think the reason [Burrows] explained to Mr. McCallie that those provisions didn't apply is that the slum clearance provisions basically apply to a structure that is intended for human occupancy or that is open to use by the general public," he said.

According to the city's zoning ordinance, McCallie said, a structure is a "walled-roofed building that is principally above ground."

He said the city should be responsible for keeping up its property just like a private landowner would.

Gouger said the city might have a problem if the law defined the property as an "attractive nuisance." For example, there once was a spot at the cement plant where locals regularly sneaked under a fence to swim.

The swimming hole was considered an attractive nuisance, and as a former city judge, Gouger said, he dealt with that particular trespassing problem frequently.

"That's the reason why they tried to post it or fence it or what have you," Gouger said. "It usually doesn't work, but it is that effort to limit liability. It relieves all or some liability of the property owners."

There are no signs or barriers around the cement plant now.

Gouger said Burrows has gathered estimates for the cleanup of the property, and they are "sizable."

"Whether or not the law or regulations apply to that is a decision the board is going to have to make," he said. "I know there's still hope by the city that some industrial prospect might be interested in that property."

Mayor Jane Dawkins thanked McCallie for his comments, but the board did not further discuss or act on the matter.

Ryan Lewis is based in Marion County. Contact him at ryanlewis34@gmail.com

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