Kimball, Tenn., board moves to clean up property after no response from owner

Billy Gouger, Marion County attorney
Billy Gouger, Marion County attorney

KIMBALL, Tenn. - The push to clean up dilapidated properties is a fight many municipalities in Marion County have taken up in recent years, including Kimball.

At the November meeting of the Kimball Board of Mayor and Aldermen, City Attorney Billy Gouger said the city initiated procedures a couple of months ago to get the landowner of the property at 200 Judy Drive to clean it up after a fire destroyed the house and a vehicle.

He said the property owner received a certified letter from Kimball last month that gave 10 days to respond.

"I received no response from [the owner] or anybody on his behalf by phone call or by mail, so it's really up to the town now what you do about getting that property cleaned up," Gouger told the board.

Mayor Rex Pesnell said the landowner has "not made any effort to start a cleanup project."

"We've got some neighbors complaining about it, and they'd like to see it cleaned up," he said. "I understand. I don't blame them for that. This seems to be an issue in a lot of cities right now."

The town would need to solicit quotes from private contractors to complete the needed cleanup work, Gouger said.

"I think it's a little more involved than what the town would want to do to try to use its own staff to clean it up," he said.

If the town contracts a company to clean up the property, it would put a lien on it to compensate Kimball for the work.

"You know, we're trying to do it the easy way and the right way, hoping the [landowner] would just clean the property up," Vice Mayor Jerry Don Case said. "What if we had 15 people like that and houses sitting around? I think we need to go with it, put it out, get the bids, see what it costs, and come back."

The board voted unanimously to allow Pesnell to solicit quotes for the work, and he said he would present the results at the board's next meeting on Dec. 7.

Gouger said if the town spends money to clean up the property, Kimball could file a lawsuit to enforce its lien by selling the property.

"The expenses for the sale and the town's lien would be paid first, and if it generates more money than it takes to do those things, then the balance would go to the property owner," he said.

Kimball hasn't typically filed similar lawsuits in the past because the town's lien amounts have been only hundreds of dollars.

"You couldn't really justify filing a lawsuit to collect $400, but if you're talking about several thousand dollars, that's a different story," Gouger said.

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

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