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City of Benson's threat draws woman's ire
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| Error acknowledged: Sara Thompson was angered by the city of Benson's assertion she owned property deemed an eyesore. (Thelma Grimes/photo.) |
Thelma Grimes/San Pedro Valley News-Sun
Public Works Director Brad Hamilton said the city made a mistake and will be apologizing to a 94-year-old Benson resident for telling her to clean up property that she doesn't own.
Last week, longtime resident Sara Thompson received a notice to abate and a cost assessment from the city. A letter signed by Jeffrey Smith, the city's inspector, said as the owner of the property on the 200 block of County Road, it is Thompson's responsibility to clean up the weeds, and trash blown on to the property, which he cited as a public nuisance.
Under the photo attached, Smith said, "You are further notified that these violations must be abated and corrected within 30 days after your receipt of this notice. If you do not comply within that time, the City of Benson, acting through its agents or employees, may elect to file a civil citation or criminal complaint against you with the City of Benson Magistrate Court.
"In the event that you choose not to correct the violations, the minimum cost of removal that may be charged to you may be $1,500. This cost may be assessed against you and the property and, if unpaid, may convert into a lien upon the real property."
Thompson said she became very upset when she got the notice, noting that not only was she looking at something that said she could be sued by the city for $1,500, but also because she knew she didn't own the property in question.
"It made me mad," she said. "Christine (Thompson, her daughter) said it was funny. I didn't think it was funny one bit. I am not happy that (Smith) didn't measure out the property before he handed me this letter. If they give me the land, I would be happy to take care of it."
Thompson said she has been complaining about the property directly to the north of her for the last 20 years. Owned by William Sax of Illinois, it is a vacant parcel full of weeds, trash and a ditch full of water.
On the notice Thompson received, the current parcel number for her actual property was correct. The parcel number ends in 009.
Officials in the Cochise County Assessor's office said the 009 parcel owned by Thompson is about .261 acres in size. Further, the property lines are obvious by the fencing around it.
After seeing the property in question, looking at the fence line and the county maps, Hamilton said they had the right parcel number for Thompson's property, but agreed that the property that needed to be cited was a parcel that ends in 012.
Smith showed Hamilton a map he had used before the citation was sent to Thompson, which showed incorrect property lines. Hamilton and Smith agreed to apologize to Thompson, and cite the correct property owners.
No matter who owns it, Hamilton agreed it needed to be cleaned up. At City Hall Wednesday morning, Smith said he would get the correct address for William Sax and send him the notice.
Christine Thompson said she hopes the city will enforce the notice and finally require the property owner to clean it up. She said her parents have been trying for more than 20 years to buy it, but never had any luck.
Sara Thompson said it's always been an eyesore, and at one time she had to pay $75 to have the dry weeds moved away from her fence.
Thompson said no matter what, the city needs to make this property owner finally clean up the lot, remove the trash and weeds that have become a fire hazard, at the property owner's expense.
Hamilton said the mistaken letter sent to Thompson is part of an effort to clean up the city. The public works director said property owners will be cited to clean up weeds and trash.
Smith recently started issuing the orders to abate, and Hamilton said he will continue to do so as residents complain about properties that have become a public nuisance.
The city took a similar approach in late 2007, ordering owners of old buildings and properties to clean them up. The old Benson Apartments on 4th Street were later torn down, and other property owners received a notice to clean up.
Hamilton said at the time there was some concern over whether or not the city should issue citations without a resident complaint as a public nuisance.
Hamilton said new City Manger Glenn Nichols has ordered them to follow the code exactly as it reads, which gives city staff authority to inspect and cite property owners.
Chapter 9-2-1 of the city code states the purpose of the rule is "to promote the health, safety, economic, aesthetic and general welfare of the citizens of the City of Benson, and to protect neighborhoods against nuisances, blight and deteriorations by establishing requirements for maintenance of all private property, whether residential or non-residential, or structures of whatever kind, and establishing maintenance of all land, whether improve or vacant."
In 9-2-3 of the code, the city's designee has the authority to enforce the code. Staff members such as Smith have the right to inspect unscreened exteriors of a property at any time with or without the involvement of the owner or occupant, in accordance with the law.
Nichols said for years City Council members have said cleaning up the town is a priority, but for some reason every time the city cracks down there's a problem.
"It just seems like the priority has always faded away, and nothing was really done," Nichols said. "I am a straight-forward guy, and we are going to do this. I don't care who you are, if you are in violation of the code, we will send you a letter."
Property owners receiving notice from the city have the right to appeal within 30 days. Petitions requesting appeal may be obtained at the city's planning and zoning offices then show proof they have not violated city code.
If the magistrate rules in the city's favor, and the property owner still does not follow the order, the city will clean up the property at the owner's expense.
To report properties suspected of violating the city code, contact Jeff Smith at 586-2003 ext. 2018.
Hamilton said the city issued citations to several property owners in an effort to clean up the town, something the city tried to do in Dec. of 2007.
Public Works Director Brad Hamilton said the city made a mistake and will be apologizing to a 94-year-old Benson resident for telling her to clean up property that she doesn't own.
Last week, longtime resident Sara Thompson received a notice to abate and a cost assessment from the city. A letter signed by Jeffrey Smith, the city's inspector, said as the owner of the property on the 200 block of County Road, it is Thompson's responsibility to clean up the weeds, and trash blown on to the property, which he cited as a public nuisance.
Under the photo attached, Smith said, "You are further notified that these violations must be abated and corrected within 30 days after your receipt of this notice. If you do not comply within that time, the City of Benson, acting through its agents or employees, may elect to file a civil citation or criminal complaint against you with the City of Benson Magistrate Court.
"In the event that you choose not to correct the violations, the minimum cost of removal that may be charged to you may be $1,500. This cost may be assessed against you and the property and, if unpaid, may convert into a lien upon the real property."
Thompson said she became very upset when she got the notice, noting that not only was she looking at something that said she could be sued by the city for $1,500, but also because she knew she didn't own the property in question.
"It made me mad," she said. "Christine (Thompson, her daughter) said it was funny. I didn't think it was funny one bit. I am not happy that (Smith) didn't measure out the property before he handed me this letter. If they give me the land, I would be happy to take care of it."
Thompson said she has been complaining about the property directly to the north of her for the last 20 years. Owned by William Sax of Illinois, it is a vacant parcel full of weeds, trash and a ditch full of water.
On the notice Thompson received, the current parcel number for her actual property was correct. The parcel number ends in 009.
Officials in the Cochise County Assessor's office said the 009 parcel owned by Thompson is about .261 acres in size. Further, the property lines are obvious by the fencing around it.
After seeing the property in question, looking at the fence line and the county maps, Hamilton said they had the right parcel number for Thompson's property, but agreed that the property that needed to be cited was a parcel that ends in 012.
Smith showed Hamilton a map he had used before the citation was sent to Thompson, which showed incorrect property lines. Hamilton and Smith agreed to apologize to Thompson, and cite the correct property owners.
No matter who owns it, Hamilton agreed it needed to be cleaned up. At City Hall Wednesday morning, Smith said he would get the correct address for William Sax and send him the notice.
Christine Thompson said she hopes the city will enforce the notice and finally require the property owner to clean it up. She said her parents have been trying for more than 20 years to buy it, but never had any luck.
Sara Thompson said it's always been an eyesore, and at one time she had to pay $75 to have the dry weeds moved away from her fence.
Thompson said no matter what, the city needs to make this property owner finally clean up the lot, remove the trash and weeds that have become a fire hazard, at the property owner's expense.
Hamilton said the mistaken letter sent to Thompson is part of an effort to clean up the city. The public works director said property owners will be cited to clean up weeds and trash.
Smith recently started issuing the orders to abate, and Hamilton said he will continue to do so as residents complain about properties that have become a public nuisance.
The city took a similar approach in late 2007, ordering owners of old buildings and properties to clean them up. The old Benson Apartments on 4th Street were later torn down, and other property owners received a notice to clean up.
Hamilton said at the time there was some concern over whether or not the city should issue citations without a resident complaint as a public nuisance.
Hamilton said new City Manger Glenn Nichols has ordered them to follow the code exactly as it reads, which gives city staff authority to inspect and cite property owners.
Chapter 9-2-1 of the city code states the purpose of the rule is "to promote the health, safety, economic, aesthetic and general welfare of the citizens of the City of Benson, and to protect neighborhoods against nuisances, blight and deteriorations by establishing requirements for maintenance of all private property, whether residential or non-residential, or structures of whatever kind, and establishing maintenance of all land, whether improve or vacant."
In 9-2-3 of the code, the city's designee has the authority to enforce the code. Staff members such as Smith have the right to inspect unscreened exteriors of a property at any time with or without the involvement of the owner or occupant, in accordance with the law.
Nichols said for years City Council members have said cleaning up the town is a priority, but for some reason every time the city cracks down there's a problem.
"It just seems like the priority has always faded away, and nothing was really done," Nichols said. "I am a straight-forward guy, and we are going to do this. I don't care who you are, if you are in violation of the code, we will send you a letter."
Property owners receiving notice from the city have the right to appeal within 30 days. Petitions requesting appeal may be obtained at the city's planning and zoning offices then show proof they have not violated city code.
If the magistrate rules in the city's favor, and the property owner still does not follow the order, the city will clean up the property at the owner's expense.
To report properties suspected of violating the city code, contact Jeff Smith at 586-2003 ext. 2018.
Hamilton said the city issued citations to several property owners in an effort to clean up the town, something the city tried to do in Dec. of 2007.
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Larry K wrote on Jun 3, 2009 9:37 AM:
" If the Cochise County Assessors office did not have the right property owner, who has been paying taxes on this property? I am astounded the city apologized to Mrs. Thompson. Hamilton and Smith agreed to apologize to Thompson, and cite the correct property owners. You know they did not want to. It is not the city’s way to ever admit fault. "
Ducky wrote on Jun 3, 2009 4:55 PM:
" Vigilant1
How dare you bring up the Roberts properties. These are special people with special privileges. Rules do not apply in their case. This follows a long held tradition in the San Pedro Valley. "
How dare you bring up the Roberts properties. These are special people with special privileges. Rules do not apply in their case. This follows a long held tradition in the San Pedro Valley. "
angel wrote on Jun 4, 2009 6:02 PM:
" the town of benson need to go to Orr street there is a few houses that need to be cleaned up.. there is no one in this house they would rather go after people that keep there properties clean. it is time for the town of benson to do there job and go up and down the streets and give the clean up notice to the right people On Orr stree it has a few that are not good at all but when you complain about it nothing is ever done.. benson need to do there job "
Chris wrote on Jun 4, 2009 6:19 PM:
" Who are the Roberts and why are you picking on them?
The city did the right thing by apologizing to Sara Thompson. I'm happy to hear that they did so. "
The city did the right thing by apologizing to Sara Thompson. I'm happy to hear that they did so. "
Vigilant1 wrote on Jun 5, 2009 1:21 AM:
" Something needs to be done about the Roberts two trash dumps in Pomerene. Does anyone know if there is any action with the county that can be taken or do we have to look at their trash for the rest of our lives? "
Kate D wrote on Jun 6, 2009 12:15 PM:
" Be carful Nichols. Mike Montroy tried to clean up Benson. He went from Mayor to mare because of it.
People want Benson clean as long as it does not apply to them. "
People want Benson clean as long as it does not apply to them. "
Vigilant1 wrote on Jun 9, 2009 1:51 AM:
" Drive to Pomerene and look for the biggest trash dumps in town, then you will know why Roberts and his garbage is being singled out. To tell you how bad it is, his neighbors on both sides of him (he owns 2 separate lots 1 mile or so apart) have put up there own fences to block out the refuse pile. He's a junker who thinks everyone should have to look at his weekly collections from the trash dump! "
Vigilant1 wrote on Jun 3, 2009 12:52 AM: