ORDINANCE 136
AN ORDINANCE REGULATING JUNKED VEHICLES, TRAILERS, APPLIANCES AND EQUIPMENT IN THE TOWN OF STONEWALL, MISSISSIPPI, AND PROVIDING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS HEREOF
BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Stonewall, Mississippi, that on the date noted herein below, that this ordinance was approved by unanimous vote and does hereby repeal Town of Stonewall Ordinance #81, which was enrolled on the 4th day of April 1989, and same is hereby null and void and replaced hereby in its entirety.
SECTION 1:
That to promote the health and public welfare of the residents of the Town of Stonewall, Mississippi, the following ordinance be and the same is hereby adopted for the regulation of junked vehicles, trailers, appliances, equipment and abandoned property in the Town of Stonewall, Mississippi.
SECTION 2: DEFINITIONS
In construing this ordinance, the terms herein used shall be defined as follows:
a. “Junked Vehicles” shall mean any motor vehicle without a current state license plate and or is inoperable.;
b. “Junked Trailer” shall be a vehicle used for transportation that can be towed that fails to have a current license plate. A trailer shall not be a motor vehicle;
c. “Junked Appliances” shall mean any discarded tool or instrument or appliance which is not operable or has been on the property without installation for more than 10 days.
d. “Junked Equipment” shall mean any discarded tool, implement or other instrument which is not operable or in a state of disrepair.
e. “Abandoned Property” shall mean vehicles, bicycles and other wheeled devises left unattended on a public street, road, highway or other public property for a period of ten
(10) days or longer.
f. “Derelict Property” shall mean any personal property, other than a motor vehicle, which is incapable of operation or use in a manner consistent with its design and marketing in its existing state of repair, including but not limited to wrecked or partially dismantled vehicles, trailers, boats, machinery, equipment, refrigerators, washing machines or other appliances, plumbing, furniture and other such items.
SECTION 3: PROHIBITIONS
The location or presence of any property defined as abandoned property, junked vehicle, junked trailer or derelict property on any private or public property within the town limits of the Town of Stonewall, Mississippi, shall constitute a public nuisance and it shall be unlawful for any person or persons to cause or maintain such public nuisance upon public property or upon the owner’s own property or upon the property of another or to suffer, permit or allow abandoned property, junked vehicles, junked trailers, junked appliances, abandoned property or derelict property to be placed, located, maintained or to exist upon the owner’s own property of the property of another, provided that this section shall not apply to:
a. A vehicle or part thereof which is completely enclosed within a building in a lawful manner and where it is not visible from the street or other public or private property;
b. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, vehicle repair shop or automobile junkyard;
c. Any unlicensed, inoperable vehicles stored on private property utilized as a single-family residence or utilized as a commercial establishment, provided however that the vehicles and storage areas are maintained in such a manner that they do not constitute a health hazard and are not visible from a public street or other public or private property.
d. Any property disposed of or deposited in or upon property which is properly licensed with proper permits for the disposal of such derelict, abandoned or other property previously defined herein above: or
e. Any property impounded by the Town of Stonewall, Mississippi or by its agents and/or assignee.
SECTION 4: Presumption of Consent
a. If any of the above defined property, constituting a public nuisance, shall remain on private property for ten (10) days or longer, a presumption shall arise that the presence of such property upon such private property resulted from an act of consent of the owner of said property.
b. The owner of any abandoned property shall remove such nuisance within ten (10) days after the service of written notice from the Town of Stonewall demanding the removal of same.
c. Notice hereinabove required shall be served upon the owner of said property located on public property or upon the owner or tenant in possession of private property in any one or more of the following methods:
1. Personally:
2. By leaving notice at the dwelling house or usual place of abode of the owner or tenant in possession with a competent member of his/her family of the age of sixteen (16) years or older:
3. Personally, upon a partner, officer, director, trustee, manager, agent or registered agent of any business entity:
4. If the owner or person in possession of the property on which the abandoned or derelict property is located does not reside or maintain an office with the Town of Stonewall, the notice may be served by ordinary mail and/or certified mail, postage pre-paid, addressed to the known residence, office or principal place of business of the owner or person in possession of said property. If service of written notice is refused and the certified mail envelope is returned with an endorsement reflecting said refusal or marked unclaimed, notice shall be deemed complete when such endorsement is returned;
5. By affixing a copy of said notice to the junked vehicle, abandoned or derelict property which is the subject of said violation.
d. Such Notice shall contain the following information:
1. Nature of the complaint and findings;
2. Description and location of the property which is the subject of the nuisance;
3. Statement that such property must be removed no later than ten (10) days from the date of the notification;
4. Statement that removal from the location specified in the notification to another location upon which such storage is not permitted is prohibited and shall be subject to the imposition of additional penalties;
5. Statement of the penalties to be imposed for non-compliance with the notice.
SECTION 5: Disposal of Junked, Abandoned or Derelict Property
If such public nuisance is not removed within ten (10) days of the notice given in accord with this ordinance, the Town of Stonewall may, but is not required to, take action to remove the nuisance in the following manner:
a. Abandoned or junked motor vehicles or parts thereof shall be towed and impounded by a wrecker service and/or by the Town or its agents or designees, until lawfully claimed or disposed of in accord with Sections 63-23-1 through 63-23-11 of the Mississippi Code of 1972, Annotated as Amended.
b. All abandoned and/or derelict property, other than motor vehicles, shall be towed or otherwise removed by the Town or its agents and/or designees, and impounded at such site as the Town may determine, whether on Town property or on private property; and
1. Such property shall be held for thirty (30) days, at the expiration of which, all rights of ownership in and to said property or any part or parcel thereof shall be forfeited, and the Town may dispose thereof in such manner as the Town may determine fit and proper.
2. However, at any time prior to disposal, the owner of said property may redeem the same upon payment of all towing, removal and/or storage charges incurred by the Town, and the payment of such administrative costs as may be assessed by the Town, and
3. Proof of ownership of all such property shall be produced prior to redemption of said property.
SECTION 6: Entry Upon Private Property Permitted
Any inspection officer, police officer of the Town of Stonewall, having reasonable cause to believe that such nuisance exists upon private property, may enter upon that private property for the purpose of enforcing this ordinance, obtaining information concerning the nature of the nuisance, or the owner of the offending property, or removing or causing to be removed such property, and serving notices provided for in this ordinance.
SECTION 7: Removal of Vehicles that Obstruct Traffic
Nothing in this ordinance shall affect the right of the Town to remove vehicles on public property which constitute and obstruction to traffic.
SECTION 8: Penalties
a. Any owner or tenant in possession of private property upon which any junked vehicle or abandoned or derelict property exists, who shall fail to remove same within ten (10) days after service of written notice from the Town of Stonewall ordering removal of same, is guilty of a misdemeanor and upon a hearing and conviction thereof shall be fined in the amount not to exceed $200.00 or imprisoned up to ninety (90) days or both fine and imprisonment. Each day that such violation is committed or permitted to continue after a hearing and conviction of the initial violation(s), shall constitute another violation of this ordinance for each vehicle, abandoned or derelict piece of property, individually, and punished accordingly for each violation.
b. Any owner or owners of abandoned, derelict or junked vehicles, located on public property who shall fail to remove said nuisance within ten (10) days after service of written notice from the Town of Stonewall directing removal of said property, shall be guilty of a misdemeanor and upon hearing and conviction therefor, shall be fined up to $200.00 or imprisoned up to 90 days or both. Each day that such violation is committed or permitted, after conviction, shall constitute a separate offense for each said piece of property which was considered by the court in the original hearing and conviction, and shall be punished accordingly.
SECTION 9: Severability
If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.
SECTIOIN 10: Cumulative Relief
This ordinance is cumulative and in addition to any other relevant laws or ordinances, and this ordinance does not repeal any presently existing ordinance relative hereto. This ordinance shall be liberally interpreted in order to accomplish its purpose.
SECTION 11: Effective Date of this Ordinance
This ordinance shall become effective thirty (30) days upon its consideration and passage by the Mayor and Board of Aldermen of the Town of Stonewall, Mississippi.
Upon motion made by Alderman Benjie Fleming seconded by Alderman Shanna Starks, and after due discussion and deliberation, a vote was taken, wherein the Aldermen voted as follows:
Alderman Benjie Fleming voted yea
Alderman Shanna Starks voted yea
Alderman Kim Street voted yea
Alderman Ricky Carpenter voted yea
This ordinance having received the unanimous vote of all of the Aldermen, the Mayor declared the ordinance adopted on this the 7th day of December 2021, and the Clerk was directed to publish the same in accordance with statute.
JERRY RICH, MAYOR
ATTESTED:
Glynis Banes, Town Clerk
1216
**********
IN THE CHANCERY COURT OF CLARKE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF DAVID WAYNE PRINCE, DECEASED
NELDA PRINCE, PETITIONER
CIVIL ACTION NO. 21-0112(P)
SUMMONS BY PUBLICATION
STATE OF MISSISSIPPI
TO: THE UNKNOWN HEIRS AT LAW OF DAVID WAYNE PRINCE, DECEASED
You have been made a Defendant in the suit filed in this Court by Nelda Prince, Administratrix of the Estate of David Wayne Prince, seeking a determination of heirship of David Wayne Prince, Deceased. Defendants other than you in this action are Petitioner Nelda Prince and Jonathan Prince.
You are summoned to appear and defend against the Petition filed against you in this action at 8:45 a.m. on the 22nd day of February, A.D., 2022 in the Chancery Courtroom of the Clarke County Courthouse at Quitman, Mississippi, and in case your failure to appear and defend, a judgment may be entered against you for the money or other things demanded in the Petition.
You are not required to file an answer or other pleading, but you may do so if you desire.
ISSUED UNDER MY HAND AND THE SEAL OF SAID COURT, this the 10th day of December, A.D., 2021.
ANGIE CHISHOLM-GIBBS,
CHANCERY COURT CLERK OF CLARKE COUNTY, MISSISSIPPI
{SEAL}
BY: /s/Elle Allen, D.C.
Prepared by:
/s/Christopher M. Howdeshell
MSB #10688
Pittman Howdeshell, PLLC
Post Office Drawer 17138
Hattiesburg, MS 39404-7138
Telephone: (601) 264-3314
Facsimile: (601) 261-3411
1216, 1223, 1230
**********
ELC - 2 (Revised 1/17/90)
Exhibit 2
NOTICE OF ELECTION
Pursuant to the provisions of Section 69-27-31, Mississippi Code 1972 An¬notated, an election will be held on Thursday, January 6, 2022, to elect three (3) commissioners for the Clarke County Soil and Water Con-servation District for beats 1, 3, and 5.
VOTING PLACE - TIME - LOCATION
Beat#: 1
Place: Clarke County Co-op From 8:00 A.M. To 3:30 P.M.
Location: 205 W. Donald St., Quitman, MS 39355
Beat#: 2
Place: Norma Jean Restaurant From 7:00 A.M. To 2:00 P.M.
Location: 15479 Hwy. 11, Pachuta, MS 39347
Beat#: 3
Place: K&L Store From 8:00 A.M. To 3:30 P.M.
Location: 71 Old Mill Creek Road, Enterprise, MS 39330
Beat#: 4
Place: Clarkco State Park From 8:00 A.M. To 3:30 P.M.
Location: Highway 145 N., Quitman, MS 39355
Beat#: 5
Place: Lucas Tire From 8:00 A.M. To 3:30 P.M.
Location: 2980 CR 672, Quitman, MS 39355
Signed by Authority of the Mississippi Soil and Water Conservation Com¬mis¬sion as recorded in its minutes of September 16, 2021.
Nick Ivy
Executive Director, MSWCC
1209, 1216, 1223
**********
NOTICE TO CREDITORS
Letters Testamentary were issued on October 20, 2021, by the Chancery Court of Clarke County, Mississippi, to the undersigned upon the Estate of David Martin Davis, Deceased, in Civil Action, File No. 21-0173(P). Notice is hereby given to all persons having claims against this estate to present your claims to the clerk of this court for probate and registration according to law within ninety days after the first publication of this notice or they will be forever barred.
This the 2nd day of December, 2021.
TINA NGUYEN,
Executrix of the Estate of David Martin Davis, Deceased
WILLIAM C. HAMMACK (MSB #2994)
Glover, Young, Hammack, Walton & Simmons, PLLC
Post Office Box 5514
Meridian, Mississippi 39302-5514
Telephone: (601) 693-1301
1202, 1209, 1216
**********
STATE OF MISSISSIPPI
COUNTY OF CLARKE
SUBSTITUTED TRUSTEE'S NOTICE OF SALE
WHEREAS, on June 6, 2016, Anthony Q. Loper and Veronica G. Loper, executed a Deed of Trust to Thomas R. Hudson, Trustee for the use and benefit of BankPlus, which Deed of Trust is recorded in Book 371 at Page 632 et seq and being instrument no. 201601368 thereof, in the office of the Chancery Clerk of Clarke County, Mississippi, at Quitman, Mississippi; and
WHEREAS, said Deed of Trust authorized the appointment and substitution of another Trustee in the place of the Trustee named in said Deed of Trust and BankPlus pursuant to said Deed of Trust, substituted John G. Compton as Trustee in the place of Thomas R. Hudson by written instrument dated November 17, 2021, and duly recorded in Substitute Trustee Book 0004 at Page 289 and being instrument no. 202102245 thereof in the office of the Chancery Clerk of Clarke County, Mississippi; and
WHEREAS, default having been made in the performance of the conditions and stipulations as set out in the Deed of Trust and the said Substitute Trustee having been requested and directed by said BankPlus, to execute the trust; and in strict accordance with the Deed of Trust aforesaid and the laws of the State of Mississippi, the dates for publication of this Notice of Substituted Trustee's Sale in The Clarke County Tribune, a newspaper published in the City of Quitman, Clarke County, Mississippi, having been set at the following, to-wit: the 9th day of December, 2021; the 16th day of December, 2021; the 23rd day of December, 2021; and the 30th day of December, 2021. I will on the 6th day of January, 2022, during the legal hours, at the west door of the Clarke County Courthouse in Quitman, Mississippi, offer for sale, at public auction and sell to the highest and best bidder for cash, the following described property situated in the County of Clarke, State of Mississippi, and more particularly described as follows, to-wit:
South half of the SW 1/4 of the SE 1/4 and 1 acre in the Southeast corner of the North half of the SW 1/4 of the SE 1/4, Section 5, Township 2 North, Range 17 East, Clarke County, Mississippi, less and except, however, the following described parcels, to-wit:
Exception #1: Commencing at a point in the center line of a public road, said point being 38 feet South and 85 feet East of the Northwest corner of the S ½ of SW 1/4 of SE 1/4 of Section 5, Township 2 North, Range 17 East, Clarke County, Mississippi, run thence in a Southeasterly direction along the center line of said road 213.3 feet, run thence South 210 feet, run thence West 210 feet, run thence North 245 feet to the point of beginning.
Exception #2: Commencing at the Southeast Corner of the SW 1/4 of the SE 1/4 of Section 5, Township 2 North, Range 17 East, Clarke County, Mississippi, and run thence West for 1330.5 feet, thence North for 709.5 feet, thence East for 76 feet, thence South for 609.5 feet, thence East for 1256.0 feet, thence South for 100.0 feet to the point of beginning.
Exception #3: Commencing at the Northwest corner of the S ½ of SW 1/4 of SE 1/4 of Section 5, Township 2 North, Range 17 East, Clarke County, Mississippi, and run East 440 feet, thence South 611.0 feet, thence West 359.0 feet, thence North 319.5 feet, thence East 210.0 feet, thence North 210.0 feet to the centerline of Public Road, thence in a Westerly direction along said road 298.3 feet to the West forty line, thence North 35.0 feet to the point of beginning, containing 4 acres, more or less.
Title to said property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee.
WITNESS MY SIGNATURE on this the 22nd day of November, 2021.
JOHN G. COMPTON MSB #6433
Substituted Trustee
Witherspoon & Compton, LLC
P.O. Box 845
Meridian, MS 39302
Telephone: 601-693-6466
Facsimile: 601-693-4840
jcompton@witherspooncompton.com
1209, 1216, 1223, 1230
