City officials are admonishing property owners to keep their lots maintained free of junk and clutter and to remove any dilapidated and unsafe structures.
During Monday night’s city council meeting, Mayor Jimmy Poss said there are clear violations of the city’s property maintenance ordinance across town. “There is property in town that has got a lot of junk in the yard. We’ve looked at it. It’s not only one spot. Its more than one spot. It entails a lot of property. I can take you to houses that has been abandoned. Its grown up. The houses need to be torn down. I want to give the property owners a chance to clean it up,” said Mayor Poss.

Those who don’t clean up their properties could risk civil penalties. “I just want to make everybody aware that sooner or later we’re going to have to send out some citations, “said Mayor Poss.
The city’s “Minimum Property Maintenance Requirements” states that “no person owning, leasing, renting, occupying, including vacant lots, shall maintain or allow to be maintained on such property, except as may be permitted by any other city ordinance, any of the following conditions visible from any public street or alley:
Junk, litter and trash;
Outdoor nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, or any appliance with a latching door;
Shopping carts in any front yard, side yard, rear yard or vacant lot of any property;
Dead, decayed, diseased or hazardous trees, or any other vegetation a majority of which (excluding vegetation located in flowerbeds, or trees, or shrubbery or existing hayfields) exceeds twelve (12) inches in height, or which is dangerous to public health, safety, and welfare, located in any front yard, side yard, rear yard, or upon any vacant lot”.
“Has the city notified them (property owners in violation) by letter?,” asked Alderman Tim Stribling.
“No we haven’t done it. I have talked to family members of one house and they’re okay with it,” answered Mayor Poss.
“I talked with Mr. (Eugene) O’Neil (city building codes inspector) over a year ago and there are a few (unkept properties) over by you (mayor) that we looked at,” said Alderman Danny Washer.
“We did send out notices on those,” responded Mayor Poss.
Alderman Washer said the problem with some is that the owners of abandoned properties are difficult to locate. “You send them (notices) out to the last known property owner and get no response. That’s what he (O’Neil) told me,” said Alderman Washer.
Alderman Stribling asked about sending out more notices. “Mayor, on these houses that you’re saying you can’t find them (property owners), can the city send out the letter that they’re supposed to send out and within so many days if they (property owners) don’t do it (respond), can the city clean it up and then put a lien on the property?”
“I’m not sure,” replied Mayor Poss.
Alderman Washer said according to Mr. O’Neil, if the property owners don’t respond to the notices, the city could clean up the properties and charge them for the cost. “I might be wrong but I think what Mr O’Neil told me was that all we can do is add it (city’s cost of cleanup) on to their taxes if they don’t do nothing,” said Alderman Washer.
“I think we need to start by sending out notices to all the city property owners that’s not meeting the ordinance requirements,” said Alderman Gayla Hendrix. ” We could possibly put a fine and a lien on it. I’m not saying fine them up front. You could give them notice that they have so much time to get the property in order to meet the requirements of whatever the ordinance states and let them know that its punishable by a fine if its not cleaned up in a certain amount of time. But we definitely need to give people notice especially if they own property here and maybe live away from here and might not realize the condition (their property) is in. So give them notice. Give them an opportunity to fix it and if they don’t then impose a fine,” she said.
Alderman Washer said the problem is not just with abandoned houses. ” Its also people that do live there and they still junk it up. It ridiculous. We have a lot of people coming into our city that goes right by (some of these properties). It’s shameful. I can point you out cars that have set there and not been touched in probably fifteen years. They’re just setting there. They do nothing with them. Its not just one (vehicle). They keep adding to it. Next year you’ll have another one, and then another one. It just keeps multiplying. It an eyesore. And tires. We’re fixing to come into hot weather. That needs to be cleaned up,” said Alderman Washer.
Concerned citizen Faye Fuqua suggested having a city cleanup day and to encourage residents throughout town to participate. “I know some people are going to have to be forced (to clean up their properties) but maybe the whole city could have a clean up day and encourage everyone on each street and in each community to do that,” said Fuqua.
Alderman Hendrix also encouraged anyone knowing of unkept property to contact city hall or the mayor. “If you have a problem in your neighborhood with property that’s not kept notify city hall because sometimes we can’t get around to every area,” she said.
Mayor Poss said he liked Fuqua’s idea of a city cleanup day and may explore that possibility. “Maybe we need to have a city cleanup, like the county has a cleanup. Maybe we need to set a date. We’ll see what the people think and try to go with it,” he said.
The city’s property maintenance ordinance provides for enforcement stating that “It shall be the duty of the Building Inspector of the City of Smithville to serve notice upon the property owner of record in violation. The property owner shall be notified in writing specifying the nature of the violation, specifying the corrective measures to be taken, and require compliance within not more than 30 days. The notice may be served upon the owners of the premises where the violation is located by:
Posting notice in plain view on the property in violation, or sending notice by mail
The date the notice is posted or received by the offender shall serve as the beginning of the specified time period allowing for corrective action.”
The ordinance further states that “Failure by the property owner to take corrective action to bring the property within compliance shall constitute a violation and be a civil offense.”
“Any person violating this chapter shall be subject to a civil penalty of $50 for each separate violation of this chapter. Each day the violation of this chapter continues shall be considered a separate violation,” according to the ordinance

The discovery of two meth labs at a Smithville residence has led to the arrests of four people by the DeKalb County Sheriff’s Department.
30 year old Joseph Huff Ray of Snow Street; 44 year old Melissa Darlene Woods of Florence, Alabama; 39 year old Jeffery Lynn Sanders of Lincoln Street; and 42 year old Anthony Lynn Colwell of McMinnville are all charged with initiation of a process intended to result in the manufacture of methamphetamine. All are under a $50,000 bond and they will be in court on different dates in March, April, and May
Sheriff Patrick Ray said that on Tuesday, March 12, a drug detective of the sheriff’s department saw Colwell and his girlfriend Woods outside a residence where Ray was staying at 719 Snow Street. Colwell and Woods got a bag out of her Jeep and Colwell took it across the street and placed it behind a block wall. Inside the bag was a plastic bottle, also known as a one pot, along with other components used in the manufacture of meth. Both Colwell and Woods were placed under arrest and Woods’ jeep was seized by the sheriff’s department.
As the drug detective was attempting to make contact with the owner of the residence, he saw Sanders in the kitchen holding a yellow bag. After obtaining consent to search the premises, the drug detective found the yellow bag Sanders had held. It was hidden in the couch. The bag contained several pseudoephedrine pills. The detective conducted a pat down search of Sanders and found on him several coffee filters.
A search of the room where Ray had been staying turned up a black leather bag that contained a glass pyrex dish, lighter fluid, turkey baster, ph strips, and assorted tools. Also in the room was a plastic bottle, known as a one pot that is used to cook meth. Ray admitted that the components in the room belonged to him.
32 year old Joseph Robert Loff of Sparta is charged with criminal impersonation. His bond is $2,500 and he will be in court on March 28. Sheriff Ray said that on Thursday, March 14 a sheriff’s department drug detective made a traffic stop on Highway 70 in Dowelltown. The driver, Loff told the officer that his name was Robert James Loff and that his birth date was December 16, 1981. He did not have any identification on his person. The drug detective noticed a Region’s bank card in the name of Joseph R. Loff. After a further investigation, it was determined that Loff had given the detective his brother’s name. Loff’s actual birth date is September, 16 1980. Loff said the reason he didn’t give his real name is because he did not have a drivers license.
27 year old Michael Andrew Snyders of Smithville is charged with domestic assault and aggravated assault. He was also issued a citation for simple possession of a schedule III drug (subutex) and simple possession of a schedule IV drug (xanax). His bond is $6,000 and he will be in court March 28. Sheriff Ray said that on Friday, March 15, a deputy responded to a residence on Dry Creek Road to investigate a possible physical domestic. Upon arrival, the officer spoke to a woman who said that Snyders became very angry and began assaulting her because she was on the phone. The officer saw that the woman had bruising and redness around her face and neck. She said Snyders had put her in a headlock and punched her. He broke her phone and porch light and he stomped on her right foot causing it to swell. It was determined that Snyders was the primary aggressor and he was placed under arrest. During the assault, the woman’s children, an eight year old and four year old were also assaulted. The eight year old told the deputy that Snyders grabbed her around the neck with his arm and squeezed it. She had redness around her throat area. Snyders also alleged fell on the four year old child. While talking to the officers, Snyders dropped a small bronze container, which held a blue oblong pill believed to be xanax and a quarter of a white pill believed to be subutex.
29 year old Carl Edward Schwartz is charged with a second offense of driving under the influence. His bond is $3,000 and he will be in court April 11. Sheriff Ray said that on Saturday, March 16, a drug detective of the sheriff’s department saw a truck behind Eastside Citgo with its lights on and the engine running. The store was closed. The detective stopped to check the vehicle and made contact with a man behind the wheel, Schwartz. The officer noticed a very strong odor of an alcoholic beverage on his person and his speech was very slurred. Schwartz submitted to but performed poorly on several field sobriety tasks. He submitted to a blood test. Schwartz had a prior DUI February 5, 2010 in Michigan.
26 year old Juan Pablo Serrano of Smithville is charged with public intoxication. His bond is $1,000 and he will be in court March 28. Sheriff Ray said that on Saturday, March 16 a deputy was called to King Ridge Road to check on a man who was going to homes knocking on doors causing an alarm. The deputy made contact with the man, Serrano, who was very unsteady on his feet. He had slurred speech. Serrano had a strong odor of an alcoholic beverage on his person. Several attempts were made to have someone come and get him but no one came. Due to his actions, his level of intoxication and for the safety of the public, Serrano was placed under arrest.
33 year old Kasey Lee Frazier of Baxter is charged with domestic assault. His bond is $3,000 and he will be in court on April 3. Frazier was also issued a citation for possession of drug paraphernalia (syringe). Sheriff Ray said that on Saturday, March 16, a deputy was called to a residence on Sunny Point Road to investigate a physical domestic. Upon arrival, the officer made contact with all parties involved. It was determined that Frazier was the primary aggressor. A woman said that Frazier began arguing with someone else at the residence and that she tried to stop it. Frazier got mad, shoved her down, and began hitting her. The assault continued outside. She said Frazier held her down with his knee on her throat and hit her in the face with his fist. She had a red mark on her neck and on her left cheek around an eye. Frazier was arrested. A pat down search was performed and found in his pocket was a used hypodermic needle.
43 year old Robert Lee Ried is charged with being a fugitive from justice. His bond is $50,000 and he will be in court March 28. Sheriff Ray said that on Sunday, March 17, Ried was picked up in DeKalb County as a fugitive from justice out of the state of Missouri where he is wanted by the Phelps County Sheriff’s Department for a felony bad check charge. Missouri authorities plan to seek extradition of Ried