Woman Sent To Jail For Overgrown Yard

[Silent_Bob]

http://atlanta.cbslocal.com/2014/10/16/woman-sent-to-jail-for-overgrown-yard/

Lenoir City, Tenn. (CBS ATLANTA) – An East Tennessee woman who fell behind in her yard work was sent to jail for not complying with city regulations regarding the maintenance of her overgrown lawn.

Karen Holloway was cited by Lenoir City officials in June for not keeping proper maintenance of her yard, WVLT-TV reports. She concedes that her yard definitely needed attention, but personal family issues have kept her behind in doing the yard work – and that jail time is absolutely unnecessary.

"With my husband going to school and working full time, me with my job, with one vehicle, we were trying our best," she told WVLT, noting that she'll be the first to admit the yard needed work. "[The bushes and trees] were overgrown. But that's certainly not a criminal offense."

A July citation from the city reads: "On 6/13/14 Karen D. Holloway was given notice to correct property maintenance violation at her property located at 810 West Broadway. Section 302.1 of the City of Lenoir City Property Code requires all exterior property to be maintained. Section 302.4 requires all grass to be cut to less than 12 inches. As of the date Mrs. Holloway has not complied with the notice she received."

On Tuesday, Holloway turned herself in and made an appeal to city officials.

But Holloway says she was stunned when Judge Terry Vann handed down a five-day jail sentence, before amending it Tuesday to six hours. She says she offered to do five days of community service instead of jail time, but Vann refused her offer, insisting that she serve the time behind bars — although Vann noted that she is not a criminal and that it is not a criminal case.

"It's not right," she said. "Why would you put me in jail with child molesters and people who have done real crimes because I haven't maintained my yard up to the city's standards?"

Holloway said she feels like she's "being bullied," and claims she was not read her rights or told she could have a lawyer present.

"This opens a floodgate to everybody in Lenoir City being put in jail for silly things," said Holloway.

Holloway said she's received citations from city code enforcers in the past while her husband was serving overseas in the military. She has two children still living at home and says that personal, family issues got in the way of yard upkeep.

Code enforcement officers directed WVLT questions to Police Chief Don White, who oversees the department, but he did not immediately return calls regarding the case.

Judge Vann set a follow-up hearing in November to check Holloway's progress and suggested that additional jail time may be added if the city isn't satisfied with her lawn efforts.

[WithoutAPaddle]

Bizarre.  I live in a "nanny-town" where there are three code enforcement officers in a town of about 5,000 people occupying less than 1 square mile.  They drive around every day issuing warnings and then fines for over-length grass, trash cans put out more than 12 hours before collection or not retrieved within 24 hours after, expired license plates on vehicles on private property, etc, etc.  I think the procedure here in Maryland for property maintenance scofflaws is to put liens on the property. 

In Amherst, Mass, last I knew they could fine residents for disposing of their own trash other than with the contracted trash removal monopolist, but I think they just fine the home owner and add it to the property tax bill.  I know that in many Massachusetts cities that when a property owner fails to clear his sidewalk section of snow, the city can shovel it and charge him for it. 

One law professor wrote in his own blog, "It is not clear why she (Karen Holloway) was jailed rather than her husband or both owners."  Most likely, the reporter has deliberately chosen to provide less than the whole story to make it more "newsworthy".  Most likely, there were aggravating issues regarding belligerence towards the Code Enforcement staff, the police and the Court.

The story is now three days old, but all I can find are "echo" reports of the original story.

[Jim Johnson]

Bailiff - "She can't mow her lawn from inside a jail cell."

Judge - "D'OH!"

[Free libertarian]

...and she better pick up her room too or no dessert for her!!  - Nanny
                   

[Russell Kanning]

and she thinks the jails are full of child molesters and other real criminals ........