Since You Asked - Is it trash or clutter in a yard?

Mail Tribune (Medford, OR — Wayback)

2001-07-07

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Is it trash or clutter in a yard? So many homes are just trash heaps in the valley. Can cities be held responsible if property values decline when codes are not enforced?  -- Sandy D., Talent The quick answer to your question is no. The staff and attorneys we contacted wouldn't say they aren't enforcing their own codes. If a problem isn't being addressed, they said, most likely it's because a complaint hasn't been made. Other factors contribute to a trash problem not being addressed, they said. We won't argue with your first sentence, Sandy. But assistant County Council Doug McGeary says one person's trash heap is just healthy clutter to another. The county recently lost a case when a property owner convinced the judge that his pile of junk cars were needed for spare parts for his car collection. Code enforcement officials said that once a complaint is filed against a property, they have a high success rate in working with the owner to get things cleaned up. When there are health hazards or vermin present, the violation is usually addressed faster, they said. Problems can occur when the owners live outside the area or if the owner doesn't have the resources to take care of the problem. Another obstacle is a lack of staff resources in Medford and Jackson County. Measure 5 forced the county to layoff its code enforcement officers. Now, planning staff respond to complaints, but they don't go out looking for violations. Jackson County Assessor Dan Ross says you don't have to worry about one messy property affecting your property value. "What would have a greater effect on the value of property is if the whole area started to decline," he explained. The long answer to your question is that cities and the county can't be held responsible if property values decrease. You could file a writ of mandamus with the court, ordering the city to enforce its own rules, said McGeary and Medford City Attorney Ron Doyle. But both also said the decision whether to pursue action against a specific property owner is ultimately up to the discretion of government staff. So an easier avenue would be to complain to elected officials, said Talent City Attorney Bill Mansfield. Eight years ago he was hired as special council to a group of neighbors to complain to the Talent City Council about "a real trash heap" in the city. Eventually they succeeded in getting the absentee owner to clean up his act. Send your questions to "Since You Asked," Mail Tribune Newsroom, P.O. Box 1108, Medford, OR 97501; or by fax to (541) 776-4376; or by e-mail to: [email protected]   Please include your name, address and phone number for verification. Today's News Index Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA