NEIGHBORHOOD GROUPS BACK PUBLIC NUISANCE ORDINANCE

Representatives of five neighborhood groups showed up Tuesday night to
support a proposed public nuisance ordinance introduced at the Owensboro
City Commission meeting held at City Hall. The City Commission will vote on
the measure July 17.

"We're interested in this ordinance because we feel it will prove to be an
effective tool for the city to use to control the drug problem beyond the
arrests police are now able to make," said Bob Darling, chairman of the Old
Owensboro Neighborhood Alliance, which made the initial plea for the city
to take action.

"In neighborhoods in Owensboro, children are not allowed to leave their
yards to play because of illegal activity occurring day and night on their
blocks," Darling told the commission. "Families go to bed at nights in our
neighborhoods praying that the meth lab next door will not explode and take
them with it."

Darling said he feels the ordinance has been written with the bar set high
enough to protect both landlord and homeowners alike.

Generally, the proposal says that property is a public nuisance if police
cite someone on its premises more than twice in a 12-month period for
illegal drug activity, prostitution or gambling. The ordinance applies to
both rental and owner-occupied property. A third arrest triggers the public
nuisance process.

"We think this will provide an incentive for homeowners and landlords to
take more responsibility," Darling said.

Old Owensboro continues to experience problems with drug use and sales. "We
have houses -- home-owner and landlord -- where there have been multiple
arrests," Darling said. "The police feel like they're doing their best, but
we continue to have the problems."

The Old Owensboro neighborhood also is experiencing problems with
prostitution, according to Darling and Kathy Shouse, a Clay Street
resident. "In our neighborhood, prostitutes are now going door-to-door," he
said. "The problem is on our doorsteps, but it should be all of our problem."

Shouse said she had lived in her house only a week before she witnessed a
prostitute soliciting in her neighborhood. Shouse also recounted how she
has witnessed the open sale of drugs and street fights with ball bats.

"There was a drive-by shooting across the street from me," Shouse said.
"People are fearful of being killed, of having their houses burned or their
families hurt."

Shouse said she counted 15 rental properties near her home, and many have
transient tenants. She said she has talked to many of the landlords, and
they have not responded to her concerns.

"I think every neighborhood in Daviess County is worth saving," Shouse
said. "I want my neighborhood to be saved."

Before the meeting, Orlander Mitchell, co-chairman of Northwest Side
Neighborhood Advisory Board, talked about why he favors the ordinance.

"I think it will clean up a lot of the problem areas and give people more
peace of mind so they can move around more freely in their neighborhoods,"
said Mitchell. "Our motto is 'We want our neighborhood back,' and we want
to put people on notice that they can't have this type of behavior without
suffering consequences."

On the third arrest at the residence, the police chief sends a notice to
the property owner to take care of the nuisance. If the owner fails to take
care of the issue, police can evict the residents and impose a fine of $500
to $5,000.

The property owner may appeal the case to a Nuisance Abatement Board, which
may uphold the charge or dismiss it. If the case is upheld, the decision
may be appealed in Daviess District Court.

If the case is upheld, the penalties remain in place, and if fines aren't
paid, a lien could be placed on the house, which could eventually lead to
foreclosure.

In October a draft of the ordinance failed to make it to the City
Commission. Mayor Waymond Morris instead opted to try voluntary compliance
after he showed the plan to a group of property owners with large numbers
of rental units. He agreed to revisit the issue in six months.

Complaints about the ordinance expressed by property owners have included
that fines are too severe, and it doesn't allow enough time for due process.

Morris said he supports the ordinance.

"We have warnings in place for the property owner," Morris said. "We
organized the neighborhood groups to take ownership in their communities so
that we could act on issues. All the groups are saying the property owners
are not responding to their repeated complaints. Probably 95 percent of the
people are taking care of the problem and working with us, but we have no
authority to deal effectively with the issue without the ordinance."