Council: Bamboo subject to nuisance laws

By David Ryan Palmer
Posted Dec 15, 2009 @ 08:12 AM
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Council member Nancy Tower told the Council that certain residents on Post Oak Road are having problems with a patch of bamboo that could be considered a nuisance under the city's ordinances.
In a split vote, the council ruled that the bamboo does fall under the ordinance regarding nuisances.
"I have a situation in my district where there is destruction of property, potential injury of people... and interference with use of the property," Tower said.
"If you vote for this resolution, you're simply asking the city to take action, as spelled out in it's own ordinance."
Drost strongly advised the Council "to not get involved in that."
He told the Council that it, in his opinion, it wasn't the city's place to get involved in what he considers a civil court case, especially one that's currently ongoing.
"I don't think that we should get involved in the litigation, I think it's a civil dispute," Drost said.
Sulphur resident Gerald Kelly is being sued by Lloyd Broussard, one of his neighbors, over the bamboo that straddles a common property line.  
Kelly's legal council, the firm Plauché, Smith and Nieset, LLC, wrote to Drost in a letter provided to the media that Broussard has already brought this issue to the council multiple times, and each time was told that the issue was a civil problem, not in the authority of the Council to determine.
Three of Kelly's other neighbors have complained about the quick growing grass, as was attested by neighbor Dutch Viator.
Director John Bruce told reporters that enforcing the ordinance may be problematic.
"We're going to need to seek legal council on the issue that's in litigation," Bruce said.
The question of who the bamboo really belongs to, Bruce said, is likely to be at the heart of the civil court case.
Also at the Council:
The City of Sulphur has elected to help Sulphur Parks and Recreation buy a parcel of land next to Heritage Square, currently the site of a car wash.
An ordinance setting limits on political signal died due to a tie vote that Council Chairman Chris Duncan abstained from.
Council approved an ordinance granting the subdivision of lots located in Monet Acres Subdivision - Phase II.

Council member Nancy Tower told the Council that certain residents on Post Oak Road are having problems with a patch of bamboo that could be considered a nuisance under the city's ordinances.
In a split vote, the council ruled that the bamboo does fall under the ordinance regarding nuisances.
"I have a situation in my district where there is destruction of property, potential injury of people... and interference with use of the property," Tower said.
"If you vote for this resolution, you're simply asking the city to take action, as spelled out in it's own ordinance."
Drost strongly advised the Council "to not get involved in that."
He told the Council that it, in his opinion, it wasn't the city's place to get involved in what he considers a civil court case, especially one that's currently ongoing.
"I don't think that we should get involved in the litigation, I think it's a civil dispute," Drost said.
Sulphur resident Gerald Kelly is being sued by Lloyd Broussard, one of his neighbors, over the bamboo that straddles a common property line.  
Kelly's legal council, the firm Plauché, Smith and Nieset, LLC, wrote to Drost in a letter provided to the media that Broussard has already brought this issue to the council multiple times, and each time was told that the issue was a civil problem, not in the authority of the Council to determine.
Three of Kelly's other neighbors have complained about the quick growing grass, as was attested by neighbor Dutch Viator.
Director John Bruce told reporters that enforcing the ordinance may be problematic.
"We're going to need to seek legal council on the issue that's in litigation," Bruce said.
The question of who the bamboo really belongs to, Bruce said, is likely to be at the heart of the civil court case.
Also at the Council:
The City of Sulphur has elected to help Sulphur Parks and Recreation buy a parcel of land next to Heritage Square, currently the site of a car wash.
An ordinance setting limits on political signal died due to a tie vote that Council Chairman Chris Duncan abstained from.
Council approved an ordinance granting the subdivision of lots located in Monet Acres Subdivision - Phase II.

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