Where do Property Rights End and Tyranny Begin?

Two weeks ago, a female resident of Greenville County was summoned to Magistrate Court charged with weeds too high in her yard, second offense. A resident of the neighborhood had allegedly repeatedly reported her to county authorities. She paid a $500 fine for the first offense and in a few days was given notice that if the small patch of weeds in a “flower bed” were not brought into regulation and cut to less than 14 inches tall, she would be fined $1,100.

The woman, who lives alone, reported to the Magistrate Court at County Square without $1,100 to pay the fine. She was ordered handcuffed and taken to jail by the magistrate, sentenced to 15 days confinement.

She was able to contact her brother by telephone. He went to the Law Enforcement Center with the money to pay the fine and get his sister released from confinement. He was informed that his sister could not be released unless he could provide the case number, which he did not have and must get it from the magistrate.

Eventually he located the magistrate, paid the fine and had his sister released. When she returned home, she discovered another notice on her door, charging her with a third violation.

The last time she contacted The Times Examiner, she was looking for an attorney. Apparently attorneys willing to take cases challenging “city hall” are scarce in Greenville County.

A more complicated situation has developed between the city of Simpsonville and a resident of that city.

The resident alleges that the city has given him a list of thirteen orders for him to accomplish by a certain date or both he and his wife will be fined $500 a day each until the list of work on his private property is completed.

The notice containing the list states that: “Each day that a violation continues after due notice has been served shall be deemed a separate offense.”

The list of tasks ordered by the city of Simpsonville follow:

1. Remove all debris and rubbish from the exterior of the property and properly dispose of same.

2. Tree limbs, leaves and other similar debris must be removed and properly disposed of. These items must not be allowed to accumulate. The byproducts of your business may not be disposed of, stored or processed on your property.

3. All materials on your front porch must be removed and properly disposed of. The front door shall remain free of obstruction and must be open for ingress and egress at all times.

4. All materials on the steps leading to the rear door of the home must be removed. The rear door must remain free of obstruction and must be open for ingress and egress at all times.

5. The rear door leading to the garage rotting and delaminating. The door must be replaced and proper hardware installed to secure the door.

6. The black and grey van must be removed from the property or stored within an enclosed building so that it is not visible from the outside.

7. The metal accessory outbuilding immediately behind the home is rusting and deteriorating. It must be painted and placed in a state of good repair.

8. The boat is in disrepair and inoperable. It must be removed from the property or stored within an enclosed building so that it is not visible from the outside.

9. Commercial vehicles are being parked on the property. The truck appears to be inoperable. No commercial vehicle, machinery or equipment may be stored or parked at this residence.

10. Soffits and facia boards on the home appear to be rotting and in need of paint. All rotted facia and soffit boards must be replaced, caulked and painted.

11. The exterior siding of the home exhibits signs of damage, wear, or otherwise in need of repair. The exterior siding shall be properly repaired and repainted to weather seal it.

12. The grass and weeds must be cut and maintained at a height of not more than 4 inches.

13. The exterior property must be treated for ants and other insects, rodents and vermin.

Greenville County has a weed ordinance. Enforcement is triggered when someone reports a violation to county inspectors and enforcers.

A spokesman for the City of Simpsonville said three neighbors have filed complaints on the resident referenced above and that the city has photographs of the violations.

The city’s view is that the resident is confrontational and uncooperative. He also has a history of conflicts with the city.

Both the county and city resident complained that the government is overreaching in their interference with private property owners and that they are being singled out for “selective” prosecution.

 

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