Unless this town’s ordinances are quite different from many others there must be more to this story. The usual process would be for a citation to be issued and if the problem was not fixed or the citation challenged a hearing would be held before a code enforcement board.
At that time either fine would be levied or the charges dismissed or an extension given to the cited party. If the fine goes unpaid for a certain number of days the board usually files a lien against the property. This all takes some time.
Now the town may opt for taking the case to court after all internal processes have been completed. That depends on whether state statute allows for such a measure. This is usually done so that a judgment can be entered against a violator. I’ve never before come across a judge sentencing somebody to jail for an offense against a code enforcement ordinance.
If the time frame given is correct it seems the women was taken to court without having any hearing before the government body that issued the citation. So in this town (or in Tennessee) is property maintenance considered a police matter? I ask because law enforcement officers would be the ones empowered to cite somebody and compel them to go before a judge. Are code enforcement officers regarded as having police powers? That would be scary. It sure gives too much potential for people having their due process rights run over roughshod.
Holloway says she’s been cited by code enforcers in the past, while her husband was serving overseas in the military. She says she fell behind on the yard work again this time because of personal, family issues.
Code enforcement officers directed all questions to Police Chief Don White, who oversees the department. He did not immediately return calls from Local 8 News.
Judge Vann set a follow up hearing for November to check up on the progress. He suggested he might add on more jail time if the city isn’t satisfied with the clean-up.
Sounds like this city needs some new leadership.