City to handle ‘junk’ issues on case-by-case basis
By Dave Fidlin
Correspondent
When does something fall under the classification of junk? And when does it fall under the category of a work of art? That sometimes fuzzy line was explored recently by local municipal leaders.
This is a question Whitewater officials could grapple with as a property owner attempts to pass off parts of an out-of-commission vehicle as yard décor.
Council member Christopher Grady brought the issue before the full Common Council on Sept. 1 after noticing a property owner in his 3rd aldermanic district had been placing old vehicle parts in his or her yard. The name and address of the person was not divulged at the meeting.
No firm decisions have been made about the specific issue, but elected officials had a spirited discussion with city staffers about what steps can be taken to address questionable art issues while maintaining property compliance standards.
City Attorney Wally McDonell pointed to an ordinance within the municipal code that addresses junk autos. The document essentially states property owners cannot store inoperable vehicles in public view for an extended period of time.
In addressing junk cars, the municipal ordinance uses such verbiage as “disabled,” “inoperable” and “unlicensed.”
City Manager Cameron Clapper acknowledged he did not see an issue after first reviewing the property. But he did point out language in the municipal code does address whole and partial junk cars.
The property in question is displaying parts of a vehicle and tying it into lawn décor as flowerpots and other purposes.
“To some extent, this is in the eye of the beholder,” McDonell said as he interprets the ordinance. “But to many, this is a violation based on what’s already there.”
The council did not take any definitive action against the property in question, though city staff could make further directives.
“We don’t want to get into the habit of micromanaging our staff,” Council President Patrick Singer said. “The ordinance is here, and we can let the legal process draw itself out.”
For his part, Clapper said he and other city staffers should take up these issues on a case-by-case basis.
“The issue really is where we draw the line with someone’s lawn ornamentation and where we draw the line with junk automobiles,” Clapper said.
During the recent discussion, council member Stephanie Abbott asked whether allegations of violating free speech could bubble to the surface if and when the city cracks down on junk displays that could be interpreted as art.
For his part, McDonell said he did not believe the city’s ordinances, as they are written, about code enforcement could be interpreted as hindering a person’s ability to express his or her self.
During the brainstorming session, the council discussed adopting a possible appeals process for property owners looking for an exception.
The council did not make any firm directives to McDonell or any other city staffers on such a possibility, but the issue could be revisited at a later date.
