County looks to rid yard of junk
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County looks to rid yard of junk
By Mike BerrySentinel Staff Writer
December 9, 2001
One of the touchiest neighborhood disputes in Seminole County history may be coming to a head.
County officials say they are "strongly" considering use of a rarely enforced nuisance law to clean up the property of Alan Wayne Davis, who has aggravated neighbors for years by piling up airplane replicas, scrap metal, barrels and other junk in front of his home on Alpine Street near Altamonte Springs.
Neighbors say they are frustrated that the county has been unable to do anything about the situation, despite a code-enforcement fine that now tops $160,000.
County officials say they must move gingerly.
"He has said some things that are of concern to us about how he might react," said Don Fisher, head of planning for the county. "It's an antagonistic situation."
In a Sept. 5 letter to County Commissioner Dick Van Der Weide, Davis accused commissioners of "criminal activity" and wrote: "One of these days one of these criminals is going to get shot . . ."
Nevertheless, Fisher said the county is "leaning strongly" toward imposing a nuisance abatement law for cleaning up unsightly properties.
Fisher said that during the next two weeks he will meet with other county officials and representatives of the Seminole County Sheriff's Office to plot a course of action.
The county does not want to use such a drastic measure, but it is running out of options, Fisher said.
Neighbors say it is about time.
"We feel we are being held hostage to this man," said Jann Schmitt, who lives three houses down from Davis.
Another neighbor, Terry Miller, said the situation has deteriorated, and he is embarrassed to have visitors.
"It started out with a few things in his yard. Suddenly, it blossomed into the salvage dump you see today," Miller said. "The frustration level is off the chart."
Davis, 46, said that he has the right to keep his property as he pleases and that his junk is a statement about defending that right.
"Yes, I could put it behind a fence, but would that get the point across? This is actually quite effective," he said.
Davis, who is married and has a 6-year-old daughter, said he doesn't tell any of his neighbors how to lead their lives, and he resents their attempts to intrude on his.
When asked about the county's possible action, Davis referred to the Second Amendment right to bear arms.
Asked if he meant he might use a weapon if the government tried to clean up his property, he replied, "Well, sure, why wouldn't I? They're coming to my property to steal my property."
Davis has had some success fighting the government.
In March 1987, he successfully sued Orange County and its code-enforcement board over an airplane he stored and repaired in a home he was renting in east Orange. A judge ruled that a person should be allowed to use his property "in the pursuit of his hobbies and interests."
In January of this year, Davis was arrested on a third-degree felony charge of littering and creating a public nuisance. Seminole Circuit Judge Alan Dickey recently dismissed that charge, ruling that, under the felony law, a property owner cannot be accused of littering on his own property, said assistant Seminole-Brevard state attorney Beth Rutberg.
Although Davis still faces related misdemeanor charges, including a charge of endangering the public health, Rutberg plans to appeal Dickey's ruling.
"I'm not going to give up. I'm fighting as hard as I can," she said.
Seminole County's code-enforcement board is fining Davis $250 a day because of the litter, and the fine was up to about $163,000 as of last week. Although the board has imposed a lien against his property, it does not have the authority to order someone to clean it up, Fisher said.
Furthermore, Davis cannot be evicted because he is not behind on mortgage or house insurance payments, Fisher said.
Mike Berry can be reached at mberry@orlandosentinel.com or at 407-320-0915.
Copyright © 2001, Orlando Sentinel