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Century Seeks New County Code Agreement To Shut Down ‘Junkyard’
August 3, 2011
The Town of Century is once again looking for a way to shut down a business the town says is operating illegally in a residential neighborhood.
George W. Philyaw says what he does behind his privacy fence at 120 front street is recycling, while the town says he is operating a junkyard on property that is zoned residential. Over a year ago, the Century Town Council cited regulations against “spot zoning” and denied Philyaw’s request to rezone the property for a recycling business.
At issue with 120 Front Street, according to the town, is whether or not Philyaw is operating a business on property that is zoned residential — not if the alleged business is a junkyard or recycling operation.
In February of this year, the town council instructed Mayor Freddie McCall to contact Escambia County’s Code Enforcement and seek a cease and desist order against Philyaw and the alleged business he operates.
But Sandra Slay, director of Escambia County Code Enforcement, said at that time that the current interlocal agreement between Century and Escambia County does not allow for the enforcement of issues like zoning, solid waste violations and stormwater.
Now, Century’s attorney has drafted a new interlocal agreement that would allow Escambia Code Enforcement to again take on zoning violations — and ultimately enforcement action against Philyaw. The Century Town Council has approved the new agreement; it now must be ratified by the Escambia County Commission at a future meeting.
The new agreement with Escambia County does not change any of the laws on the books, Mayor Freddie McCall said; it just gives Escambia County Code Enforcement the right to enforce the current laws.
“We have a severe zoning issue in the town,” McCall said. “You’ve got one house that is in the residential area that has junk piled up. He’s running a business…in a residential place.”
McCall makes no secret that Philyaw is the current target of the town’s new interlocal agreement with Escambia County, but he said the agreement would allow the town to use code enforcement to pursue any future zoning violators.
“That is the only issue we have at this time,” McCall said.
“There is a piece of property that is zoned for residential that is being used for commercial. We are going to allow code enforcement to police it for us,” Council President Ann Brooks said.
Philyaw has already been cited by Escambia County Code Enforcement for his property at 120 Front Street because it is zoned residential which does not allow his type of business to operate. But, without the new interlocal agreement in place, Escambia County Code Enforcement has been unable to take further action. Philyaw has told the town council that he simply collects metal for recycling until he has a “load” and then it is sold. The town maintains that the property is a junkyard under the town’s ordinances.
“This is not a home occupation,” Debbie Nickles, a consultant for the town, said at public hearing last year. “Based on my site visit, I consider this a junkyard…junkyards refer to storage of materials.”
Numerous residents spoke against the rezoning at that public hearing, and the council was presented a petition with signatures from about three dozen residents in opposition.
According to town records, Philyaw applied for a business license to operate about four years ago, but the application was denied because the property was zoned residential.
Pictured top: The street view of the property at 120 Front Street, Century as seen just prior to a rezoning hearing during the summer of 2010. Pictured inset: Escambia County Code Enforcement Director Sandra Slay addresses the Century Town Council earlier this year. Pictured below: The “junkyard” is located behind this fence on Front Street. NorthEscambia.com file photos, click the enlarge.
Comments
21 Responses to “Century Seeks New County Code Agreement To Shut Down ‘Junkyard’”
Cue the theme to “Sanford and Son”
If you buy and sell for profit, it is a business. This requires a license in any city or county in the USA. That means that he is a criminal. ARREST HIM. Or admit that the city counsil is no more than a treehouse club. You are all a big joke.
finding an honest person now days to be in government of any kind,
now that is the dilemma.
On the other hand I don’t see how collecting stuff and selling it, is a business. Can’t say that when so many have yard sells every month.
God Bless and Good Find and a Good Buy now everyone can agree on
that.
There is an election coming up in October for Mayor and 2 council seats, vote them all out. Friday is the last day to qualify and the Town needs some new people to qualify. Now is your chance
he’s got a business. get over it. go find someone else to harrass. the maor needs to worry about gettin people JOBS, not harrassing people and making them LOOSE their job. WE NEED A NEW MAYOR!!!!!!!!!!!!!!!!!
No license, No business, No taxes!! What we have here is a failure to understand what is needed to satisfy every person involved. I bet if MR. Philyaw had greased the politicians and supported re-election campaigns like other home based business owners in Century, then nothing would have been said!! But we forget he is just a poor, insignificant person trying to make it the best he can. I think he should relocate his business to a commercial property, that I no, a good christian owner would donate out of the kindness of his heart, to end this saga!! Yea, right!!!!!!
This guy has “”do-gooder -itis”. (Some one who has nothing better to do than stick their nose where it doesnt belong!) city/town council’s seem to react to complainers.when some on these “elected positions have business.s in town,on main street, with their old car parts, or appliances sitting on the curb for all to see. That seems to be ok. After all they are “legitimate” business men/women. The individual has no right to use his property as he sees fit.
Used to be a way to ward off these busybodies. Not anymore!
At least this man’s mess is off the main road. I followed two cars from TN into Century from Flomaton Sunday afternoon and was thinking, it must make a nice impression on these people from out of state when one of the first things they see in Century is nearly waist high weeds growing between the sidewalk and Hwy 29.
Here’s a thought…If Mayor McCall cares so much for Century why did I see TODAY a Flomaton Speedway(Mayor’s business) van parked between the BP and Whataburger with the back facing highway 29 with an advertisement for McDonald’s?
This directly affects the chinese restaurant, whataburger, panhandle restaurant, etc.
So really where are your loyalties Mayor McCall? I must say it was a bit shocking.
Is the town council really interested in bringing and keeping business in Century or is this all about money? Is Mr. Philyaw’s property of value? Is that why our town council is paying god knows how much to a lawyer to just go after this one man?
I would guess there is money or property involved on the Mayor’s part and/or the town council.
This is a shame. The Philyaw’s have several children and take care of them on their own. They are not a burden on society. Leave them alone to raise their children.
By the way, please take down the old photo of the front of their home, it does not look like that now.
I am about freedom, but that mess needs to be cleaned up!
How can you say that we should leave this man alone, (He is running a business) No-one is proud to be from Century anymore, our property values keep going down and besides this guy’s stuff is arrousing suspision. I say give him notice and enforce it. You can call it recycling if you want, but he should buy a business license and set up shop in a area zoned commercial. What a god awful eyesore. Anywhere else in this country, he would be subject to periodic fines. Or the Authority having jurisdiction would clean it up and send him a bill.
what the heck is the problem all he is doing is making money and @T he is not hoarding hoarders never get rid of stuff they get rid of stuff every week so that wouldnt do anything i agree with M and SW leave him alone and let him do what he wants to do but if you want to do something give him a license and double the taxes you wanted more money here you go
Here we go again,leave the family alone and let him make his living. he put up privacey fence so he could do his work behind it to make the place neet and clean. I could say there’s more legal people involved in a man making an honest living than those dealing drugs in this town and ruining lives and they know its going on. Just don’t understand. Maybe we should take a look at all the city councel and election time put in some new ones that knows what hard times are and what it is to struggle.
Paint it anyway you want the man is operating a business and it is a junk business. He needs to be cited if he don’t keep it behind the fence. There are people who are operating from their homes as a business and he should be allowed to do the same as long as he is in complience with the laws and regulations. Make him buy a license and pay his share of taxes and clean up the area outside his fence.
There are people who work out of their homes everyday for themselves and for companies so if you do this to him then you must extend the law to all.
Just saying be careful what you try in passing laws because it could come back and bite you in the wallet!
On the other hand the man should have enough pride to clean up around the place so it does not look like a dump! No excuse for that part of it.
I don’t have a problem with the people collecting the stuff if it stayed behind the fence, but have you drove by the property, It is still being strewn all over the yard. If they thought about their neighbors then they should take keep it cleaned up. If nothing else think about the kids who live there. It is an embarassment to Century, the neighbors, and the children.
Nobody wants to see someone’s way of making a living ruined, but is all this junk attracting vermin/pests? Roaches, rats, mice, fleas, etc…
Is it a health hazard for the neighborhood and the other people that live there?
This is so stupid… going through all this red tape just to shut down one man trying to make some money on the side! He’s got a fence up keeping the mess out of public sight for Christ sake! Whatever happened to working out of your home? I would say its a business if he has more than friends coming in and out of his property buying the junk. If he is the only person managing, hauling, loading, and taking the junk somewhere else to sell he is not running a business, just using his backyard for storage.
I guess Century counsel are so bored they find stuff to make themselves look busy, even if its trying to force one man to stop earning a living? or some side money?
Code enforcement, town counsel, I don’t care who is in for a rude awakening if they show up on my property I pay for and tell me I can’t store anything in my backyard and sell it off when I can.
Let’s call the show “Hoarders” don’t you all watch and learn that clearly he has a problem that leaves him needing to surround himself with all this junk. I say call the show.
The Railroad goes right through that area, CSX makes money hauling materials through the non business zoned area. Maybe CSX should pay double the taxes every time a train passes through 120 front street. Not to mention that when the old Alger Sullivan mill was going to be re opend in 1995, there was a lot of land cleared to make a road through front street so trucks could hall lumber in and out of the mill. Does that road pass through a non commercial zone itself ?
Good grief, the solution is simple.
Give him a license and double his taxes. The Town of Century must make money. Here’s an opportunity squandered!
Eh, times are tough, leave the man alone I say.