Commissioners reject request to waive fees on unused RFL property
By
Rory Ryan-hcpress@cinci.rr.com
A Franklin resident met with the Highland County Board of Commissioners this week after received a letter of possible foreclosure on a Rocky Fork Lake property owned by his mother.
Carl Bray spoke with commissioners regarding an issue with property in the Enchanted Hills subdivision at Rocky Fork Lake. Bray told commissioners his mother has continued to pay for water and sewerage fees on property that’s been in their family since 1965, but has remained unused since his father’s death in 1997. Bray asked commissioners to waive some of the sewerage fees and related assessments on the property.
“My father and uncle bought this property in 1965. They put two trailers on it. After that, it became part of the association, and the bylaws stipulated that only one trailer be on the lot,” Bray said. That stipulation has made the property difficult to sell, since each trailer is owned by separate people.
Bray said both his father and uncle have died, and that his mother, who is on Social Security, can no longer afford the sewerage fees.
The family received a letter of foreclosure from the Highland County treasurer for past-due fees for 2010-11. Bray wanted those fees, and future fees, to be waived, since the property is neither inhabited nor in use.
“I’m asking if you can waive the sewer bill for the past two years,” Bray said. “She is not using it and is not going to use it. Meanwhile, we’ve got a letter that you are foreclosing on the property. We can’t sell it because of the association bylaws, and neither can you.”
Wilkin responded, “I think we’ve got different entities to deal with. Have you talked with Enchanted Hills?”
“That’s where I’m going next,” Bray said.
Wilkin suggested that Bray should see if there is a way to sell the trailer. However, Wilkin said, “If we give a waiver to one property, we’d have a line around the courthouse.”
“But you are making people who aren’t using a service pay for it,” Bray said.
Commissioner Tom Horst said, “I think you’ll find that everywhere.”
“It’s the cost of home ownership,” Wilkin said.
Bray told commissioners, “This is a unique county where water and sewer are not together. This is a bad system. There should be exceptions for people who don’t use the system. There’s been no water or sewerage usage since 1997. Our hands are tied.”
Bray said he was able to pay a one-time disconnect fee to the Highland County Water Company and hoped to do the same with the sewerage fees.
Horst told Bray, “We cannot go back on the bills.”
Bray responded, “You can if you want to. You’re the county commissioners.”
Wilkin then said, “This would set a precedent for others to come in and seek a waiver.”
Commissioner Jeremy Shaffer then said, “It’s a broken system, but we inherited it.”
Commissioners suggested that Bray find out if the property is deemed uninhabitable, after which Bray asked, “If it’s not, can we waive the future taxes or fees?”
Commissioners said "no.”
“Then I don’t know what else to do,” Bray said. “That’s not right. Because you have a bad system, we have to pay for something we don’t use. My mother has no way of paying for this. There is a solution to this problem. We can’t fund your sewer plant, which we are not using.”
Shaffer told Bray to “try to bring us proof that it’s uninhabitable.”
Bray said that he would check and get back to the commissioners.[[In-content Ad]]
Carl Bray spoke with commissioners regarding an issue with property in the Enchanted Hills subdivision at Rocky Fork Lake. Bray told commissioners his mother has continued to pay for water and sewerage fees on property that’s been in their family since 1965, but has remained unused since his father’s death in 1997. Bray asked commissioners to waive some of the sewerage fees and related assessments on the property.
“My father and uncle bought this property in 1965. They put two trailers on it. After that, it became part of the association, and the bylaws stipulated that only one trailer be on the lot,” Bray said. That stipulation has made the property difficult to sell, since each trailer is owned by separate people.
Bray said both his father and uncle have died, and that his mother, who is on Social Security, can no longer afford the sewerage fees.
The family received a letter of foreclosure from the Highland County treasurer for past-due fees for 2010-11. Bray wanted those fees, and future fees, to be waived, since the property is neither inhabited nor in use.
“I’m asking if you can waive the sewer bill for the past two years,” Bray said. “She is not using it and is not going to use it. Meanwhile, we’ve got a letter that you are foreclosing on the property. We can’t sell it because of the association bylaws, and neither can you.”
Wilkin responded, “I think we’ve got different entities to deal with. Have you talked with Enchanted Hills?”
“That’s where I’m going next,” Bray said.
Wilkin suggested that Bray should see if there is a way to sell the trailer. However, Wilkin said, “If we give a waiver to one property, we’d have a line around the courthouse.”
“But you are making people who aren’t using a service pay for it,” Bray said.
Commissioner Tom Horst said, “I think you’ll find that everywhere.”
“It’s the cost of home ownership,” Wilkin said.
Bray told commissioners, “This is a unique county where water and sewer are not together. This is a bad system. There should be exceptions for people who don’t use the system. There’s been no water or sewerage usage since 1997. Our hands are tied.”
Bray said he was able to pay a one-time disconnect fee to the Highland County Water Company and hoped to do the same with the sewerage fees.
Horst told Bray, “We cannot go back on the bills.”
Bray responded, “You can if you want to. You’re the county commissioners.”
Wilkin then said, “This would set a precedent for others to come in and seek a waiver.”
Commissioner Jeremy Shaffer then said, “It’s a broken system, but we inherited it.”
Commissioners suggested that Bray find out if the property is deemed uninhabitable, after which Bray asked, “If it’s not, can we waive the future taxes or fees?”
Commissioners said "no.”
“Then I don’t know what else to do,” Bray said. “That’s not right. Because you have a bad system, we have to pay for something we don’t use. My mother has no way of paying for this. There is a solution to this problem. We can’t fund your sewer plant, which we are not using.”
Shaffer told Bray to “try to bring us proof that it’s uninhabitable.”
Bray said that he would check and get back to the commissioners.[[In-content Ad]]