Junkyard Business Or Not? Council Works To Decide; Residents Fight Against

June 29, 2010

The Town of Century held a public workshop Monday morning as they work to decide if a local man is operating a junkyard on his residential property and if what he claims to do for a living is or is not a business — all part of the process to determine if the council will vote to change the rezoning on his property to commercial.

George William Philyaw has 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. He has told the town council that he simply collects metal for recycling until he has a “load” and then it is sold.

While Philyaw says he is operating a recycling business, the Century Town Council has questioned if it is not actually a junkyard behind his privacy fence. And the council has also questioned if his money-making operation is a business.

According to Council President Ann Brookes, Philyaw attempted to purchase a business license three years ago, but he was denied that option because his property was residential.

“From that time till to today, he has followed on with the same functions that he was at that time, and I think nothing has been said about it in all these years,” Brookes said Monday. She noted that Philyaw claims to not sell directly to the public from the property; rather, he sells his metal and other items on a wholesale basis.

She said it is an issue “whether or not there’s really a business that is going on there”, and she said that she was told that Escambia County would not require him to have a business license.

But residents surrounding the property are not happy with what they perceive as a junkyard in their neighborhood.

“It brings down the property value of all of our homes that are around there, and I think that ought to be taken into consideration,” Century resident Rose Wilson said as she presented the council with a petition containing about three dozen signatures of Century residents against rezoning Philyaw’s property.

The town’s land use consultant, Debbie Nickles said that Century’s ordinances do allow for “home occupations” in residential areas, but she described them more as being home offices. She said “home occupations” do not allow a visible change to the outside of a residence except for a small sign.

“This is not a home occupation,” she said, “Based on my site visit, I consider this a junkyard…junkyards refer to storage of materials.”

“He has a fence up. And if he closes those gates and we can’t see what he’s doing in there,” Council man Henry Hawkins argued. “We know what’s he doing, but if he erects a fence we don’t know if it’s still in there or not.”

“He himself applied for a business license, so therefore it’s a business,” Flomaton resident J.R. Jones told the council. Jones mother owned property near Philyaw until her passing a few months ago.

Longtime Century resident Lina Showalter spoke out against rezoning the property or allowing a junkyard to be located on Front Street, which she described as being the entrance to Century’s Historical District.

She also cited public outcry against the junkyard in the comment section of a recent NorthEscambia.com story. She read a comment from someone  identified in their comment  as “Parent of NHS Student (with Century address)”:

“Century’s past mayor had started a campaign to work on “cleaning up” and beautifying the town, while enforcing certain codes. I have seen an improvement and am encouraged by it. (Love the changes to the road side park on Hway 29). Don’t stop now. The businessman should abide by the laws in place. You owe it to the people who elected you to office. Have a heart to the people living in the residential area and have to drive by the place. Maybe the businessman could lease or rent a small area in a properly zoned area and use it as a business expense on his tax return,” the comment read by Showalter states.

According to Escambia County records, there is an active Escambia County business license for the property at 120 Front Street for a “retail peddler” business owned by Every Philyaw.

Every Philyaw (pictured left) told the council that she purchased the business license in order to sell lamps and other household items at a Pensacola flea market. She said the license, which was first active in 2008, was not purchased for William Philyaw’s business.

The council heard just two opinions in favor of allowing Philyaw to continuing operating from his Front Street property.

Samantha Rigby, who told the council she does not live in Century, said, “I think it’s a good thing he’s handling the recycling”, and a petition from the Century Lodge was presented to the council in favor of allowing Philyaw to operate a junkyard if it’s approved by the council.

Mayor Freddie McCall said that many of the Century Lodge members do not reside in the town. Jones pointed out that they occupy their building, which is located by Philyaw’s property, just a few hours per month while the residents in the area are there 24 hours a day, seven days a week.

The council took no action on Philyaw’s rezoning request during their Monday workshop. Any decision will come at a future town council meeting. The next regular council meeting will be at 7 p.m. on Monday, July 5 at the Century Town Hall.

Philyaw has deposited $600 with the town to be used for actual costs toward rezoning. If his rezoning request is denied, he will still forfeit the town’s actual costs.

For additional photos of the property as seen from Front Street on Monday, and aerial photos provided by Nickles, click here.

NorthEscambia.com photos, click to enlarge.

Comments

34 Responses to “Junkyard Business Or Not? Council Works To Decide; Residents Fight Against”

  1. KB on July 2nd, 2010 8:57 am

    I guess the citations given over the last three years by the code enforcement don’t count. Or would you rather we go back to the old days and a mob of angry town folk chased him off. I don’t think that would be the lawful thing to do so I guess we will stick with the code enforcement.

  2. Local Yocal on July 1st, 2010 10:11 pm

    Sorry you’re stuck with it.

    He attempted to apply for a license and you denied it. You allowed him to accumulate his possessions and operate from this building for 3 years. You did nothing, until now; to stop him. Sorry, but he will win in a court of law-YOUR STUCK!!

    Call the Town lawyer and check it out.

  3. KB on July 1st, 2010 2:55 pm

    This is a welcomed sight as you enter the historical district you feel like getting a tetanaus shot while riding by. This property needs to be cleaned up and if they want a junk yard buy some property in the middle of no where and put a fence around it. Some thing tells me even if they built a fence around it, the fence would be an eye sore.

  4. armycptswife (juanita) on June 30th, 2010 8:26 pm

    The fact is that it is a health hazard and a eyesore . It shouldn’t be rezoned for a business, and they should be forced to clean up that mess. Every time I come to town it sickens me to think people could live like that. I know the neighbors are at their wits end, and as far as the fence goes…. All that junk is still very easily seen as you go by. It’s just plain NASTY. I was there a month ago, both myself and my husband are both sickened by that mess.
    As you can tell I no longer live in Century, but my family does. I hate seeing junkie, nasty houses where people just don’t care. As far as talking to him about helping him clean it LOL stop by and ask him.
    He doesn’t want to clean it, and he doesn’t want anyones help either. He wants to be left alone to wallow in that filth and make his neighbors watch. Sorry , but it’s the truth.

  5. Ann Brooks on June 30th, 2010 4:23 pm

    Guess What – the facts are as follows:

    At the June 7, 2010 Century Town Council meeting, Every Philyaw appeared before the council and requested “to meet with the zoning board on property zoning because Mr. McCall says her property is zoned residential at 120 Front Street.” She asked “who would she have to see on their zoning board.” (Quotes taken from official minutes of the meeting)

    I had no contact with the Philyaws prior to this council meeting, and after a lengthy discussion, I requested that the mayor look into what the procedure was for a zoning change and provide it to the Philyaws.

    Whoever you are, hiding behind an assumed name, you violated northescambia.com rules number one (personal attack) and number three (libel).

  6. Guess What on June 30th, 2010 3:18 pm

    The people should be mad at Ann Brooks she is the one who wanted to rezone the place so they could have a junkyard. This is how it got started

  7. North Escambia Resident on June 30th, 2010 1:55 pm

    This was the home of the pharmacist Mr. Bill Turberville. I wonder if Little Bill has seen it, or even pictures of it. Guess not or we would have heard him groaning! It use to be a really nice place, and had a beautiful yard. Nothing there to even salvage now days! So sad…

  8. huh on June 29th, 2010 6:40 pm

    Now imagine if this house was next to you, bringing down property values of everything around you.

    They should not be allowed to have this in a residential area, if they want a junk yard they need to buy a commercial lot for it

    If they want to collect this stuff and recycle thats fine, but keep it out of sight, build a huge fence around the property where no one can see it

  9. a harsh judge on June 29th, 2010 6:33 pm

    It’s a junk yard.
    IMO

  10. Gus on June 29th, 2010 6:19 pm

    Looks like they have a hoarding problem. I would bet the inside of the house doesn’t look any better.

  11. BarrineauParkDad on June 29th, 2010 5:51 pm

    Just looks like a junky yard to me.

  12. My Business on June 29th, 2010 3:33 pm

    I’m sure Mr. Bill Turberville had rather his home be torn down instead of becoming a junk yard. If he could see it now, he would flip over in his grave.

  13. past resident on June 29th, 2010 3:32 pm

    I cant believe that this used be my childhood home, I spent most of my teenage years at this house. It wasnt like this when I moved away. This place is far from a business, it just plane junk and needs to be cleaned up. You dont put a junk yard in the middle of a residential neighborhood.

  14. My Business on June 29th, 2010 3:20 pm

    TO MIN OH YEAH HECK THIS IS MY BUSINRSS! Anything that makes my neighborhood loves bad is my business. I have lived here most of my life, and we have never had a problem with junk (like this) I am not madf at the people I hope they can get a place to make a living, but not with a junk yard in my community!

  15. Donna on June 29th, 2010 2:18 pm

    I have no problem with this man making a living the best way he can but I do believe that he should clean it up in an orderly manner. If he can’t afford to clean it up, maybe some of the people that are complaining could talk to him and volunteer to do a clean-up for him. Therefore, it will be an organized mess that is orderly and out of the sight of others. Make the agreement that after it is cleaned, he has to keep it somewhat clean and out of sight, if he doesn’t: prosecute him!

  16. noh8rs on June 29th, 2010 2:01 pm

    Has this owner not thought this out? Wouldn’t if be better if he just cleaned up? Now he is getting the attention of the law, irs, county, city, etc. In the end, I’ll bet he is going to wish that he had just cleaned the mess up and left well enough alone.

  17. William on June 29th, 2010 1:45 pm

    Wayne wrote:

    The Century Masonic Lodge did Not “Approve” the request for the “Junk Yard”. What was said was that the Lodge “Did not object, as long as all Town Ordinances, County Codes and State Regulations were met” .

    The story does not say the Lodge approved the junkyard?? The story says the Lodge was “in favor of allowing Philyaw to operate a junkyard if it’s approved by the council”.

    The Lodge voted “to let our neighbor have a junk yard as along as it is o.k. by the City, County and State. Motion carried by brothers presetn”. (Spelling, other errors as on the petition.)

  18. Dixie Chick on June 29th, 2010 1:21 pm

    Seems like he has enough for several loads right now!! Do yall have a rat or snake problem there in the surrounding houses?

  19. WAYNE on June 29th, 2010 1:17 pm

    The Century Masonic Lodge did Not “Approve” the request for the “Junk Yard”. What was said was that the Lodge “Did not object, as long as all Town Ordinances, County Codes and State Regulations were met .

  20. Disgusted on June 29th, 2010 12:56 pm

    My aunt and uncle used to live there when I was a kid. That home was their pride and joy and they kept it looking like the crown jewel of the neighborhood. It is disgusting to go into that neighborhood now and see this dump alongside the property of people that have lived there all of their lives and have made the effort to keep their property cleaned up. Why is this property being treated differently than others in town that have been found to be in violation of code? The elected town council would be wise not to set precedent and rezone a property in an effort to keep the owner safe from code enforcement. Century, keep on track with your beautification efforts, the last time I passed through it looked very nice.

  21. Speak the truth on June 29th, 2010 12:00 pm

    There is nothing wrong with making a honest’s living, or being a hard worker my daddy & brothers were shade tree machanics, jack of all trades . But to run a junk yard & lie about it that’s going to far, you have done this for three years and you wont tell the truth becauce you know its against the law, And I find it so sad that the counsel did not stand up for the citizens that want to clean up our town.You can go by there and they are sitting drinking and smoking at a table in the front yard. Don’t tell me you have not seen this, let’s be honest’s ok.They fix trucks, cars, lawn mowers and there is nothing wrong with this. Once again if you tell the truth. Open up a shop on 29, just don’t do it in our community we live here and our familie’s.
    You need to pay tax’s on the money you have already made for three years, look I am not trying to be ugly.But lets all be truthful its wrong, lets clean up our town, no more fixing up vehicles in the road ok.This man might be a great person and give you the shirt off his back, but that has nothing to do with his business he is running illegally, “is he turning this money into the IRS” that he is making, we might need to check on this. I know I might sound cruel but I can’t stand the thought of our little community being trash up like this. Please council members and our Mayor don’t let this happen to our little community.
    To be really honest’s the Town needs to turn the Code Enforcement completely over to the county and they need to stay out of it all together. Maybe then we could have a CLEAN TOWN. Watch how you VOTE on this because your Council and Mayor seat don’t last forever. Let’s all have a blessed day and life, signed someone who loves the Lord.

  22. WRM on June 29th, 2010 11:27 am

    The bottom line, if the guy would have a “neat mess” and put all of the items out of sight, and have it all organized, instead of just laying everywhere “lazy like” no attention would be given him.

    It only takes a couple of minutes to make a pile of junk look organized and orderly. that he did not, he called attention to the fact.

  23. parent on June 29th, 2010 10:00 am

    These people are helping raise children . I do know that they do this for a living. Perhaps some one would let him rent a place that would be zone for a business. i hate to see food took out of babies mouths.

  24. Dixie Chick on June 29th, 2010 9:53 am

    If other people are required by the city council to keep their yards clean why should he be any different?

  25. min your own business on June 29th, 2010 9:19 am

    looks like someone took it into their own hands and went up in the air to be bothersome. Keep minding someone elses business and see what happens. Leave this man alone if his yard is fenced in then dont let it bother you whats behind the fence. Keep your your front door steps swepted off before trying to sweep your neighbors. people just dont have anything to do but mind someone elses business.

  26. Kim on June 29th, 2010 9:04 am

    This is clearly someone with a messy yard that needs to clean it up. If it were a business it would not have stuff just thrown everywhere and laying around. It looks ridiculous, at least pick the stuff up and straighten it!!!!

  27. a harsh judge on June 29th, 2010 8:18 am

    TJ, this was the druggist’s home, but one of the Turbevilles

  28. HomeFry on June 29th, 2010 8:16 am

    Remember if the town rezones this junk man’s property you maybe next to be faced with this next time!
    We don’t have a lot to hang on to in the town of Century. By loosing our schools it has added to the down fall of the life in Century. The sweet sounds of children at play on the school grounds to Friday night football we can’t let residents change the heart of Century. I rode by this property to see for myself what a disgrace to our beautiful heart of Century.
    Clean up your junk and have some pride in your home and lawn or sale the property and move outside city limits and do as you please!

  29. TJ on June 29th, 2010 8:11 am

    Was this the Dr.s old house???

  30. george on June 29th, 2010 7:40 am

    if it walks like a duck, and quacks like a duck, ??????? come on, clean it up or shut it down.

  31. Willene on June 29th, 2010 7:25 am

    Please read this story on Junkyard Business Or Not? And please look at the photo’s. This is a disgrace. If my brother Nollon Wilson was still living he would be beating on ever door to get the people out to sign a petition. Thank you Rose for doing that. Can’t you people see how disgusting this place is. And NO, a 10 foot fence is not going to help it. It is awful to know this is the first thing you see when you turn on to front street from 29. I know that there is more places that need to be clean up some but, get real people this place looks like a garbage dump. If the Mayor and Council vote for this, I say get rid of them.

  32. clint on June 29th, 2010 7:08 am

    Good Grief! Leave the Man alone. Hes just trying to make a living.

  33. Carolyn Bramblett on June 29th, 2010 6:34 am

    That property is a pig pen.

  34. TJ on June 29th, 2010 6:24 am

    He needs to clean that place up, If he is recycling he needs to recycling the trash to the DUMP!!!!!!!!!!!!