(10/15) For the second time in three months, the Woodsboro Town Council opted to defer action on addressing the issue of unlicensed/inoperable or abandoned cars used for salvage purposes located in the industrial zone.
The issue was first brought to the current Council’s attention by Town Code Enforcement Officer Donnie Strawsburg earlier this summer, when he raised the issue of the apparent disparity between how some properties are treated versus others.
The issue stemmed from Strawsburg citing a resident for having unlicensed/inoperable/abandoned cars in the open on their property. The property cited was not in the Industrial Park.
The property owner challenge the Violation Warning asking if the all the junk vehicles located in the Industrial Park were allowed. Strawsburg reviewed the Town Zoning Code and discovered that the Industrial Park had no exceptions related to the storage of unlicensed/inoperable or abandoned vehicles.
"I can’t cite one person for violating a town ordinance and not cite another for the same violation; if I do so, I open myself, and the Town, to charges of ‘selective enforcement.’ And once that happens, the residents will lose faith in our enforcement of the Town Code."
At the August Council meeting, Burgess Barnes said he was aware of the situation and that back in the early 1990s, "there had been some sort of ‘gentleman’s agreement’ between the Town, the Burgess at the time, and the property owner to allow the storing of cars on the lot."
Unfortunately, whatever was agreed to back in the 1990s was never captured in any Town Council meeting minutes, forcing Strawsburg to play "Sherlock Holmes."
Strawsburg reached out to Mark Hatgi, the lot owner, to get his side of the story. "Mark was very professional and was more then happy to fill me in on his recollection of events." Bsaid Strawsburg. But the bottom line eventually revolves around the current Town Code, which does not allow the storage of unlicensed/inoperable or abandoned cars for salvage purposes in the industrial zone which Hatgi uses some of his cars for.
Strawsburg was able to locate Town Planning Commission meetings minutes, dating back to 1987, that did address the prohibition of the storage of unlicensed/inoperable or abandoned cars for parts or salvage purposes, including a hand written note in the Town’s Code prohibiting auto salvage operations, and stating that any junk cars must be within a structure and could not be outside. An annotation on the Planning Commission meeting minutes indicate these conditions were subsequently approved at a March 1987 Town Council meeting.
The need to address the storage of unlicensed cars in the industrial zone was again raised in 1993 when Hartwood Cornell asked if the storage of unlicensed cars in the industrial zone was in violation of the annexation agreement for that property, but apparently no action was taken to address the issue.
In 1999, a proposed text amendment to the Town’s zoning code to address the storage of unlicensed cars was reviewed by the Planning Commission. The amendment was undertaken as a result of Hatgi’s submission of a proposed site amendment to consolidate his Mark 1 Vintage Wagon Service within the industrial zone. The proposed amendment prohibited the outdoor storage of unlicensed cars for salvage purposes and was approved at a March 2000 Planning Commission meeting.
"The Town Code is very clear," Strawsburg told the Town Council, "storage of cars for salvage operations, like that being conducted by Mr. Hatgi, are not permitted in the industrial zone."
Strawsburg suggested that given the length of time the issue has been going on, the Town should consider providing Hatgi a waiver to allow him to conduct salvaged operations or to remove the term in the Code.
"One way or another, we need to resolve this issue, or we open ourselves up to charges of selective enforcement," said Strawsburg.
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