Scott County advisory panel reviews multi-year nuisance at 3111 South Big Ox Road, urges commissioners to pursue court action

The Scott County Advisory Plan Commission on Feb. 11 discussed a long-running nuisance at 3111 South Big Ox Road and recommended that county commissioners correct a faulty notice and pursue judicial enforcement if the owner fails to comply.

Tim Bruner, an environmentalist with the Scott County Health Department, outlined the department's role and limits. He said the health department can act on vegetation and some sanitation issues — "If it's above 8 inches, we can send our mowers" — but that the county's unsafe-building ordinance assigns authority over repair or demolition to the Scott County Board of Commissioners: "The Board of County Commissioners shall be authorized to administer and enforce this section and to proceed under the provisions hereof in ordering the repair, removal, or other disposition of any building or structure found to be unsafe," he said.

Bruner walked the commission through the file: residents first reported the property to the county in September 2023; the health department sent a letter on 09/01/2023 and contracted a mowing at about $200 when the owner did not respond. He said additional letters followed, a hearing was held and the commissioners issued a notice-and-order directing abatement. Bruner noted photographs he supplied and said the local water utility showed no flow at the property meter since 2017, suggesting limited continuous occupancy.

Commission members raised two obstacles to immediate enforcement: conflicting addresses on the recorded paperwork and the limits of the advisory board's enforcement authority. One member observed the form contained the wrong street (the bold line read 3465 South Lovers Lane while the case concerned 3111 South Big Ox Road), and counsel advised that a judge could find a notice with the wrong address invalid. Members therefore recommended that the commissioners' attorney resend a corrected notice, allow the statutory 10-day response period, and then ask a judge for an order to vacate, seal or remove unsafe structures if the owner does not comply. Several commissioners said sheriff assistance would be used when executing a court order.

The panel used the discussion to identify process gaps. Members asked the executive director to prepare a public-facing flowchart that explains how a complaint moves from citizen or health-staff intake to advisory review and then, if needed, to commissioners and the courts. Commissioners also reiterated calls for creating a dedicated code-enforcement position to reduce years-long backlogs and relieve the health department, which Bruner said primarily manages disease and nuisance complaints.

No formal demolition or abatement was ordered by the advisory commission at the meeting; instead the board asked county counsel and the commissioners to correct the paperwork and pursue court action as appropriate. The commission also asked staff to return with a clearer process and documentation at the next scheduled meeting.