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Zoning hearing gives township resident 14 days to comply

Staff photo / J.T. Whitehouse Canfield Township resident Alex Izquierdo attended a special hearing Tuesday to defend himself against a nuisance property violation.

CANFIELD TOWNSHIP — Trustees held a public hearing Tuesday following a request from South Turner Road resident Alex Izquierdo to present his side of an ongoing nuisance property violation.

The situation, according to Canfield Township Zoning Inspector Traci DeCapua, involves a large amount of junk and clutter. She said the issue is not a new one, but has been a battle for some time.

“I have received complaints over the years, dating back to January of 2021,” DeCapua said. “This is a repeat offending property.”

She said the back yard is cluttered with garden supplies, containers, crates, tables and other miscellaneous items. There are two sheds on the property and neither one has been permitted, according to DeCapua, but the real issue is all the containers and supplies that have accumulated.

“The items should be in a garage or shed,” DeCapua said.

The property is at 4900 S. Turner Road and has been a problem for some neighbors who simply want the property cleaned.

DeCapua made it clear the hearing was not a mandatory one.

“Please know that 505.87 of the Ohio Revised Code does not entitle the property owner to a hearing but, based upon the history of violations and out of an abundance of caution, the township is providing the property owner with a hearing,” DeCapua said. “The township’s goal is to reach a resolution and provide the property owner with time to come into compliance.”

After DeCapua finished her comments on the many times the property was issued letters to abate various nuisances, the floor was given to Izquierdo. She did tell him the front yard was mowed and looked “very nice,” but the issue was the amount of items cluttering up the rear yard.

Izquierdo said he started to cut the grass, but the recent rains prevented him from finishing. He added that he has stacked the containers in neat rows and claimed it looked nice.

“I am handicapped and take medications that sometimes prevent me from getting out of bed,” he said. “I am on Social Security and cannot afford to pay someone to cut the grass.”

He said one of his pastimes is growing Christmas trees alongside his driveway.

“I need the containers and supplies to start seeds,” he said.

Canfield Township Trustee Brian Governor told Izquierdo, “The issue is the items that neighbors can see.”

Following Izquierdo’s statements, the hearing switched to those speaking in support of him. There were none and only one spoke in opposition.

Neighbor Judy McCauley addressed trustees and stated she is tired of the junk.

“I don’t want to be petty, but the things in his yard blow into my yard,” she said. “I have to go out and clean my yard up from his stuff.”

She said most of what she has to pick up are plant pots and seat cushions.

Izquierdo rebutted by saying, “Everything is nice and neat. I don’t know what to do to make my neighbors happy and myself happy in the home I pay taxes for.”

The final segment of the hearing was for trustee comments.

“You’ve been sent 10 letters. It’s been going on for four years,” Trustee Joe Paloski said. “You’ve had years to clean it up.”

“We are only here to enforce the rules of the township,” Trustee Marie Cartwright said. “If you want to keep the items, then you need to put them away.”

DeCapua said he has two sheds on the property that were never permitted. She asked if he could move the items in question into those sheds.

“Both sheds are full,” Izquierdo said. “There is nowhere to put all of my items. The only way is to put up a wall to hide the items.”

DeCapua said the wall would not be permitted.

“There are just too many items and it creates a nuisance to your neighbors,” she said. “You must put it under roof or get rid of it.”

Trustee Brian Governor had the final comment.

“By law we can go onto your property, remove and discard the junk and nuisance items,” he said. “If we give you 14 days to either put the nuisance items under roof or remove them from the property, can it be done?”

Izquierdo said “yes” and was told he had until June 10. DeCapua also pointed out that if it was not done and the township had to remove it, the cost of the removal would be placed on his property taxes in the form of a lien.

Starting at $3.23/week.

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