Code enforcement: Doing its job or letting it slide

Gary Anderson checks to make sure the plumbing in a new home meets city code. (Democrat photo/Mark Randall)

As Code Enforcement officer he's in a "darned if you do, darned if you don't" position --- something the Democrat learned firsthand during a ride-a-long last Thursday.

If he writes a citation, it makes somebody mad.

And if he doesn't write one, other people get mad at him.

"People get mad because that's the way they live," Anderson said. "They don't like it when you tell them they have to clean up their yard or cut their grass.

"But it is on the books that I can go on any property in the city of Trumann at a reasonable hour to inspect for the health and welfare of the city."

That means everything from junk cars to overgrown lots to trash in the yard.

Gary Anderson writes a citation to a homeowner for having trash on the side of the road. (Democrat photo/Mark Randall)

He's been cursed, called names, told to get off the property and never come back, and even has had his ticket book slapped out of his hand.

"I've had to have a police officer go with me," Anderson said.

A lot of it, he says, is the way you approach people.

"I call everybody sir or ma'am. I'm nice to them," Anderson said. "If they want to be hateful, I can be hateful right back. You have got to be firm."

He's also probably heard every excuse there is, too, like this one about why a resident hadn't mowed his yard: It's been raining.

"I told him, well, I was able to mow mine," Anderson said. "I don't care. I tell them to get it done or we will go to court."

But for the most part, Anderson said residents are usually very cooperative when he stops by to alert them about a code violation, like Goldie Furgate, for example.

Furgate has several rental properties on Harrison Street that have been a problem.

A tenant recently moved out at 401 Harrison and now there are two mattresses and a large television set by the side of the road.

The city will pick up limbs, but does not haul off people's discarded furniture and the like.

"I told you you're not supposed to put things out there," Anderson said during a recent patrol. "What's it doing out there?"

"I know," Furgate said. "That's where it ended up."

"I'm going to give you a warning. You've got three days. You know the city dump is open. Get somebody with a truck to haul it off. I'm going to be back and will cite you for court."

"I know."

"And what's the deal with you not mowing your yard? You know they are going to have you in court and fine you $50 to $100 a day."

"I know. The [lawnmower] belt is broke."

Anderson said he is sure that when he comes back to check, the mess will have been cleaned up.

"She'll pick that up," Anderson said. "But you have to tell these people."

Others aren't as cooperative.

David Osment was warned by Anderson that he needed to get a permit to sell cars out of his home on Hwy. 463.

City ordinance allows residents to sell up to two vehicles at their home per year.

Anderson said Osment got a permit --- which is available at no cost --- for the first vehicle, but refused to come and get another one for a second vehicle he was selling.

"He's got a van out by the road," Anderson said. "It's got a year model on it and a phone number. I said 'David, you need to come get a permit for it.' He came and got a permit and sold the truck. Well, the law says you can sell two per year. When I went back again he said 'I don't have a for sale sign on it.' I told him 'You have a year model and a phone number on it.' He said 'It does not say it is for sale.'"

Anderson wrote him a ticket and the case has already been to court. Osment is facing a $100 fine plus $100 per day for every day the vehicle is for sale.

"All he had to do was come and get another (permit)," Anderson said.

Osment has since painted a "Harrison for Mayor" sign on the side of the vehicles and put up lights in protest.

Anderson does have his share of critics.

He gets accused a lot of doing nothing during the day other than just riding around on city time or of selective enforcement --- writing one person a ticket while letting others get by.

Anything belonging to a Francis, for example.

"Francis doesn't slide," Anderson said. "If I go tell him, he'll go move it. I've talked to him about some of his lots. He'll get somebody down there to do something about it."

Mayor Sheila Walters said Anderson is responsible for a lot more than the public is aware of.

Code enforcement is just one part of Anderson's job. He's also the building inspector and does other tasks like checking the water quality at the Splash Pad and keeping tabs on the traffic light at the intersection of Main Street and Highway 463 to make sure it remains in synch.

"Gary has done everything I have asked him to do," Walters said. "There are little things I ask Gary to do that don't have a thing to do with his job, but he does them. For example, he spent three or four hours to get a mixture they put on the ball fields. He knew where it was in Batesville and the guys at the ball fields were busy, so he stepped up and took four hours out of his day that had nothing to do with his job."

The rest of the time he is supposed to be driving around town, she added.

"He does ride around part of the day," Walters said. "That's part of his job."

"If I'm in the office it's because I am doing paper work," Anderson added.

Anderson has a file cabinet by his desk at City Hall that contains a complete record of every house he has ever visited and written up since he took the job in 2005.

515 West Main -- inoperable vehicle.

Eichi Moore -- junk cars.

And of course, the infamous Jay Parnell file.

Parnell, a Jonesboro resident, and the city have been to court over the old City Café building at 142 North Ozark. The building has been an eyesore and a safety concern for several years. The city condemned the building in 2000 but the case has been tied up in court.

Parnell was fined $100 a day by Judge Steve Inboden back to June 1, 2005 until the building is torn down and the property cleaned up.

The city has also tried to get Parnell to clean up a lot he owns on Highway 463. The file contains nine registered letters which Parnell has refused to sign for.

Others in the file involve absentee land lords who live everywhere from Minnesota to Mississippi to Iowa.

Anderson also keeps log sheets of where he visits each day which gets turned in to the mayor.

"You can probably go to any house in Trumann that we have problems with and I can show you I have been there," Anderson said.

According to figures compiled by the city, Anderson has written 251 warnings and eight citations for overgrown lots since 2005. Figures for other violations have not been compiled yet.

While that may not seem like a lot to some, Walters said the written record doesn't tell the whole story though.

Most of the time a kind word goes a lot farther than carrying a big stick.

"He doesn't write down every time he asks somebody to do something," Walters said. "Lots of times if you are nice to people and you say look, I really need you to mow your yard, they will do it. How many times does a policeman stop someone for speeding and they are nice enough to say you're going a little too fast? They don't want to write you a ticket and they give you a break. If there is a recurrence, they have to do something about it. We don't want to punish our people in town. We want everyone to be good neighbors. We're hoping everyone will get on board and help us. But you're going to have those who will and others who live out of town who won't."

Anderson admits the city hasn't done the best job staying on top of many of those files in the courts.

He's worked for two mayors and is now on his third city attorney. Anderson said the last two city attorneys have lost all of the paper work he's given them. As a result, most of the cases have been dropped because of constant continuances stretched out to the one year time limit.

"They're criminal attorneys," Anderson said. "They don't want to be bothered with liens. It's too much hassle."

Walters said the city is taking steps so cases won't fall through the cracks anymore.

They have asked new city attorney Jimmy Gazaway to meet with them for two hours every month.

"There has been a breakdown with the attorney and the city," Walters said. "For whatever reason - and I'm not blaming anybody - it just got lost in the system.

"We've never had an agreement with an attorney like we have with this one. I asked him specifically to give me two hours a month so he can spend time with me and Gary and pick up some files. I think once we get our system down, we should get better results."

Walters said it's easy to criticize Anderson until you see what he actually does.

And as far as she is concerned, Anderson is doing a fine job.

"There are some people who absolutely hate him," Walters said. "But you've got to walk a mile in somebody's shoes.

"There are problem areas in the city. But we try to address those needs. Sometimes it takes longer."

"There is a handful that resents what I do," Anderson added. "But for every one of those there are 10 who say 'Gary, you are doing a good job. I don't think anybody hates me."