Some residents may be surprised “ or maybe not “ to find a letter in their mailbox telling them they are in violation of the city of Tallapoosa’s nuisance ordinance; however, the city is enforcing a code that has been in effect for the past four years.

In 2004, the city of Tallapoosa updated their city nuisance ordinance to be in compliance with new state-mandated codes. Since then the city has had the authority to abate “any nuisance existing within the corporate limits of the city,” according to the ordinance; however, some residents still seem unaware of the ordinance’s stipulations.

The ordinance allows the city to address such issues as abandoned cars, abandoned pools, overgrown property and solid litter.

“The state of the property really affects all the homes around it. It’s really a health concern because tall grass can harbor snakes and rats,” said Tallapoosa Planning Coordinator Patrick Clarey.

The ordinance allows the city to “exercise its police power to bring the property into full compliance with applicable codes and ordinances” for any “property or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and which are not in compliance with the general nuisance law.”

In reference to grass and weeds, the ordinance states that home owners or tenants must keep their grass, weeds and vegetation cut below 18 inches in height. Vegetation classified as crops, trees, shrubbery and nursery plants are exempt.

Junk vehicles and junk parts are not allowed to accumulate on residents’ lawns either, unless they are a licensed junk dealer. This mandate includes automobiles that are partially or wholly rusted, wrecked, dismantled or inoperative “ this include vehicles without wheels “ unless the vehicle is completely inclosed inside a building.

However, a certificate may be applied for at City Hall in order to allow the owner two years to rehabilitate a vehicle on their property.

The ordinance also states that “It shall be the duty of all persons owning, leasing, renting or otherwise controlling real property within the corporate limits of the city to keep their premises clean and clear of all litter, trash or other substances of like nature.”

According to Clarey and Tallapoosa City Manager Phillip Eidson, city officials do not perform “nuisance patrols” for local properties that are not in compliance with the ordinance. However, if residents begin to complain, the city will send the chief of police or his designee to the property to investigate it. If the investigation reveals a valid concern, the city will issue a courtesy notice via certified mail to the resident of the property. The owner has 10 days to comply with the ordinance or an enforcement notice will be issued, after which a final enforcement notice will be issued if the property is still not in compliance.

After three notices, the police will issue a citation, which summons the violator to municipal court for arraignment, at which time a court date will be set.

However, according to Clarey, “if the problem is fixed in the meantime, the city will request the case be dismissed from court.”

“We go through a four-step process before we issue a citation,” Eidson said. “And, if they are making progress, we’ll work with them. We issue a citation only when we have exhausted all other means of communication.”

Two residents have already received a summons to court, and two others have been issued notices by the city. However, no cases have yet to appear in court.

“These are just common, every-day things that people need to do; otherwise, it creates a health problem and an eyesore,” Eidson stated.

Those residents who are summoned to municipal court and found at fault by the judge can face up to 30 days in jail and a $1,000 fine for not complying with the city’s nuisance ordinance.

A copy of the nuisance ordinance may be obtained in its entirety at Tallapoosa City Hall.