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County plans to crack down on rural junk ­ Enforced cleanup violates property rights,
some say
The Dallas Morning News ­ Tuesday, March 30, 1999
Readability: 8­12 grade level (Lexile: 1100L)
Author: Ed Housewright, Staff Writer of The Dallas Morning News
Byron and Shelby Howlett moved to rural southeastern Dallas County almost 20 years ago to be free from the grip
of city land­use restrictions. They and other residents in the county's few remaining unincorporated pockets say
they treasure the independence. "If we had wanted city life, we would have moved to the city," Ms. Howlett said. For Mr. Howlett, county living means being able to park his two Cadillacs that don't run ­ he uses them for storage ­
next to his mobile home. He also keeps parts from his plumbing and heating and air­conditioning business
scattered around his yard. But the Howletts won't be able to keep their property as they want for much longer. The rural way of life in Dallas
County is about to change. County officials plan to start cracking down on junk cars, debris and high weeds, just as cities have done for years.
Officials met recently with residents to explain how the county will enforce state health and safety laws, which
have been on the books for years. The discussion drew an emotional standing­room­only crowd. Some residents
charged that the county is violating their property rights. Others applauded the cleanup, saying the county has tolerated too many eyesores for too long. County officials
asked residents to voluntarily tidy up their property and stop illegal dumping in remote areas. Officials said they
didn't want to resort to writing citations, which carry fines of up to $4,000 and as much as one year in jail. "We respect property rights, but at the same time, we also have to protect the health and safety of the citizens of
Dallas County," said County Commissioner Mike Cantrell, who led the meeting. "We have a responsibility to other
neighbors so they don't have to fight rats and vermin and all of that stuff that's attendant to public nuisances. "The laws are there, and we need to go out and enforce what the law is." Rural life in Dallas County, the most urbanized county in the state, has been vanishing for decades. The number of
unincorporated residents has sharply declined as cities have extended their boundaries. Today, only 6,250 people
live outside cities, mostly in the southeastern part of the county. That's a tiny fraction of the county's 2 million
population. Some supportive Martha Kaus , who attended the community meeting near Balch Springs, said she's glad that the county plans to
fight illegal dumping. On a recent day, she pointed to an old refrigerator, two car seats, several tires and a metal
barrel that someone had dumped near a pond on her property. "I wish they'd clean it all up," Ms. Kaus said. "I can't believe everyone is so down on this. It's just nasty­looking. It
looks very, very low­income." Another resident, Ed Dumas, also supports the county's cleanup. "I don't know anyone who would really want a big eyesore by their house," he said. But some people said they left cities to be able to do what they want on their property. If it's messy, they say, it's
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nobody else's business. "We bought county property so we didn't have to worry about code enforcement," said Darbi Nethery. "We're just
making a living and living in peace ­ or trying to. People out here are good people. They work hard." Her husband, Herman Nethery, was convicted in October of operating a large illegal dump in southeast Dallas. He
received the stiffest sentence ever in Texas for an environmental crime: 30 years in prison, a $10,000 fine and
$125,900 in restitution. Ms. Nethery and her family own a house­moving business, and cut­up parts of homes sit on their three acres. The
Netherys also operate one of several large junkyards in the area. Junk dealers upset Junkyard owners are the fiercest critics of the campaign to pretty up the county. They don't want to have to build
expensive solid fences around their property to hide their cars, as officials insist. Ed Erwin, whose family runs one of the largest junkyards, estimates that a fence would cost $15,000. He's also
upset that he will have to remove the cars he has stacked on top of old school buses because the county says
they're too high. "They're trying to put everybody out of business," Mr. Erwin said of county officials. "One man's trash is another
man's gold mine. This is my livelihood. I've been in this business all my life. If you don't want to look at it, turn your
head away." W.E. Lewis, who owns a garage and junkyard nearby, said he's tempted to move out of the county. "I'm about ready to move to Oklahoma," Mr. Lewis said. "They don't have as many rules as we have. I really don't
see nothing wrong with my place. I keep it pretty clean. It's not junky. They're taking away our freedom." But county officials say their freedom is not absolute. Some residents have created public nuisances on their
property, officials say. "Because you live in the county, it does not give you license to live in any manner that you deem proper," County
Commissioner John Wiley Price said. "You don't have the right to pile up salvage wherever you want to pile it. You
don't have the right to dispose of your waste any way you would like to dispose of it. "Counties have not historically been seen as the enforcer of safe and sanitary living conditions. But people are
definitely going to have to get used to it. We're very serious about it." Risks alleged Officials said they expect resistance. A report from the county's Health and Human Services Department said
some residents think "there is nothing inappropriate about dumping tires or leaving the burned out remains of a
mobile home on their property since they are "out in the country.' " The report said the most common problems are junk cars, trash, debris, tires and dilapidated vacant structures. "Given that the continued presence of these violations will only endanger the public's health and safety, decrease
the local tax base, discourage future economic growth and encourage additional violations, it is essential that the
area's existing problems be abated and that future violations be prevented," the report said. Some people allow debris to accumulate on their property or illegally dump elsewhere because they don't want to
pay to use a landfill, the report said. "It is much less expensive for a small business to illegally dispose of roofing materials and old tires when the
likelihood of being caught is very minimal," the report said. The county recently added a second "nuisance abatement" officer as part of its new enforcement. Residents can
report violations or ask about the law by calling 214­819­2115. http://infoweb.newsbank.com/iw-search/we/InfoWeb
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Previous effort At the recent town hall meeting, county officials said they began their cleanup effort several years ago in
Sandbranch, an impoverished community just southeast of Dallas without running water. Piles of debris, dilapidated
vacant houses and unsanitary hog farms were common, officials said. "I assure you, it looks a whole lot better now," Mr. Cantrell told residents. Officers will give people a warning and 30 days to clean up their property before they issue a citation. Cars that
don't run must now be covered or parked out of sight, county officials said.
Caption: PHOTO(S): (1­3 The Dallas Morning News: Juan Garcia) 1&2. Above: Dumps of debris in rural areas ­
such as this pile between Balch Springs and Mesquite ­ are one reason for the crackdown. Right: Junkyard owner
Ed Erwin estimates that building a fence to shield his southeast Dallas County property from onlookers would cost
$15,000: "They're trying to put everybody out of business," he says. 3. The Howlett family ­ Byron, Byron IV and
Shelby ­ moved to southeast Dallas County to avoid city land­use restrictions and don't think it's fair of the county
to demand they cover up their two nonworking Cadillacs. (1st­9A) Edition: THIRD
Section: NEWS
Page: 1A
Record Number: 4043416
Copyright 1999 The Dallas Morning News
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