KKB answers to board nuisance violation

Although the Board of Public Works does not oversee nuisance violations, more than half an hour was spent at the recent meeting discussing that very issue, though the issue was also not on the agenda.

“Because of the large financial support the City provides to Keep Kimball Beautiful and request for quarterly updates, that is the reason the nuisance issues was brought up to the Board of Public Works,” Ortiz said.

The Kimball Recycling Center recently received a nuisance notice from the City about the condition of the property, which is owned by the City of Kimball.

Keep Kimball Beautiful is a tenant, of sorts, at the recycling center, and the director of that program, Larissa Binod, was asked to account for the disarray at the facility after her planned quarterly update on the funding for the program.

Keep Kimball Beautiful receives supplemental funding from the city by way of an addition to residents’ landfill fees, which falls under the Board of Public Works, as well as occasional Keno grants in addition to being a property owned by the City of Kimball.

“On Friday afternoon, Jim Cederburg, myself, Dawn (Moeser), council member (Jim) Shields, and Mayor Prunty did a walk through of the facility,” City Administrator Daniel Ortiz stated. “We have a few issues that will have to be addressed.”

The facility received a notice from the city regarding the state of the property as neighbors have complained about the perimeter built around the outdoor space.

“The city has endeavored on their initiative to be more proactive and somewhat more aggressive with our nuisance and our code enforcement efforts,” Ortiz continued. “We are going to start looking at all properties, not just one versus another.”

Several issues arose from numerous complaints as well as the recent tour of the facility, according to Ortiz, including the containers that line the perimeter of the property in lieu of fencing.

“There are items that need to be addressed that fall within the nuisance violation per city code,” Ortiz said. “This nuisance ordinance falls with the city council with enforcement by the police chief and the mayor as well as myself.”

Because the property belongs to the city and because the city assists in funding by way of the $2 collection from each resident, Ortiz chose to bring the matter before this board, which oversees the landfill and the recycling center.

“One of the things that really became apparent was the fact that we have never had a written agreement in place that spells out the rules and responsibilities of Keep Kimball Beautiful and the City are,” Ortiz said. “So it makes it difficult to understand whose responsibility it is to maintain the property and maintain the building. What are the rules and ordinances and regulations that they ordinances and regulations that they have to adhere to?”

“Its a little bit complicated in that they are currently zoned C5, heavy commercial which allows for a recycle center but doesn’t exclude them from the same nuisance ordinance that everyone else is supposed to adhere to,” Ortiz continued. “There is a lack of organization. Some of it might be part of your recycling operations but they are not organized in a tidy fashion so it gives the perception that it is just junk.”

Issues include standing and stagnant water, unorganized debris, oil pans, and paint, which is not taken at the landfill, according to Ortiz.

Paint can in fact be accepted at the landfill, according to landfill supervisor Jim Schulte, but it must be dried out, as wet paint cannot be accepted.

Binod state that the paint seen during the tour of the facility was left open to the air in the attempt to do just that, but due to heavy rains in May, the process was unsuccessful.

“There are just a variety of issues that came to light around our tour,” Ortiz stated. “We are trying to figure out a solution to make our partnership work in the best interest of both parties.”

“We have received complaints over the years from neighbors where debris has blown into the yards. It becomes not just an aesthetics issue but to a certain extent more of an environmental management issue that we are involved with,” Ortiz continued. “We will be drafting up an agreement in place that mirrors what the city does with the Chamber of Commerce.” He further stated that the Chamber of Commerce is funded in part by the city as well.

“Is there any grant money available for beautification of recycling facilities as far as building a fence?” board member Greg Robinson asked.

Binod stated that during a previous conversation about the same matter there was confusion based around ownership and responsibility.

The current barrier was erected in an effort to corral litter blowing into the adjacent properties in high wind situations.

That barrier, in place of a six-foot fence, stands 8 high, is made from bins used to collect recyclables, and prevents passersby from seeing the disarray inside the perimeter.

She further explained that they are required to have six totes of plastic before one bail can be made. Additionally, they must have 36 totes of glass before one load can be shipped.

“Significant processing must happen in the back lot,” Binod said. “We were encouraged to create a perimeter and we used what we had to do so.”

Ortiz argued that the totes have been a source of some of the complaints from neighbors and that the material is not a permissible as a fence according to the city zoning code, as well as the overall height.

The biggest issue for the public is the perimeter, according to board members.

“If you can get any grant money, since they are their own entity, can’t they come back for a downtown improvement grants matching 50/50 up to $3,000?” City Council member James Schnell said. “Even though it is on city property?”

“My grantor is going to need securable interest, they will invest in our property, but it is going to be a hard sell for them,” Binod answered. “That’s the concern that started this.”

Neighbor Darlene Tiner, who spoke for herself and on behalf of her neighbors who were unable to attend the meeting, stated that she and other neighbors have had to move cardboard and other debris that has blown into their properties.

“That’s my backyard,” Tiner said. “I’ve had to move a refrigerator box, boxes after boxes and paper when they do shredding. Its not just myself, and that is our backyard, we have to look at that every day.”

She made an offer years ago to build the fence with the help of her brother if the organization could come up with the appropriate materials.

Tiner further questioned the value of her real estate considering the debris in the neighborhood.

“I’ve given up. I’m tired of it,” Tiner said. “It was never like that before. It’s a scrap yard now.”

While Tiner stated that the facility should not be in a residential area, it should be moved further away from town, however, the area is actually zoned heavy commercial.

Board member Dawn Moeser, who also sits on the Keep Kimball Beautiful board, stated that blowing trash was a concern, so the organization chose to place the totes around the perimeter to contain those recyclables.

“The totes have to be there anyway because they are full of stuff,” Moeser added. “We have to have a certain amount before we can ship them off.”

Moeser further explains that these items have always been collected and recycled at the facility, but the quantity has increased due to increased education and awareness.

“I guess if we put a fence up we will have a problem with where we are going to put the totes?” Moeser asked.

Arguments that a six-foot fence will not contain blowing debris in the high winds of western Nebraska, and neither will it contain the “unsightliness” of the business.

“It’s a recycling facility,” Binod said. “Materials are not pretty. Being faced with our consumption is not pretty.”

“If you are still having stuff blowing over the fence, I hate to say it, but you have a responsibility to make sure you are securing those items,” Ortiz said. He also stated that the city’s responsibility for the building and property is limited.

“We need to figure out how we can handle this,” Robinson said. “The property belongs to the City of Kimball, we are going to have to be a part of that process.”

The arguments boiled down to the question, “Who is responsible to build the right fence?”

“We are trying to draft an agreement that spells out those responsibilities,” Ortiz said “Similar agreements I have seen in other cities comes down to the general upkeep and maintenance of the property is the responsibility of the occupant. Overall major improvement is subject to the city’s discretion.”

In a prior conversation with Ortiz and Mayor Keith Prunty, property owners would be responsible for taking action in response to nuisance letters, as opposed to tenants.