Code enforcement in Henderson’s Extra-Territorial Jurisdiction was cause for much discussion and consternation at the Clean Up Henderson Committee meeting Wednesday morning.
The ETJ is outside the advisory scope of the cleanup committee, which the City Council formed as an advisory committee more than two years ago, but city policy spurred the discussion about the ring around the city. The ETJ extends out 1.5 miles from the city line and constitutes an area larger than the city itself.
The committee heard the concerns of Tom Anderson, a Vance County code enforcement compliance officer who has commented on the ETJ on HomeinHenderson.com. Anderson reported that in his surveys of the county, he has been professionally and personally worried about the lack of code enforcement and about the conditions allowed to persist in the ETJ.
Anderson said he wrote to Richard Ducker, an associate professor of public law and government at the University of North Carolina’s Institute of Government, to ask whether he could enforce city codes in the ETJ as a county officer. Ducker responded that Anderson is not authorized to enforce city codes.
But the city does not enforce anything other than its zoning ordinance in the ETJ. The city’s Planning Board and Zoning Board of Adjustment include ETJ representatives and exercise authority over the area.
City Attorney John Zollicoffer has said the state allows the city to enforce more laws in the ETJ, but the City Council has never chosen to enact ordinances to do so.
City Code Compliance Director Corey Williams confirmed to the cleanup committee that the city enforces only the zoning ordinance outside the city limits.
In concept, the ETJ is an area for possible city annexation. It is seen as a protective ring to provide a seamless transition into the city in the quality and type of development allowed.
“We have the ETJ to protect the city. We’re not doing it,” council member Elissa Yount said.
She and Anderson pointed to many conditions and structures, especially on main entrance corridors, that are detrimental to the public health, are eyesores, and with proper code enforcement should not be allowed to persist. Yount said the conditions also hamper economic development.
Anderson reported that once Vance County implements zoning over the next 18 to 20 months, he will have more authority to abate the nuisances in the ETJ. Until then, he is more than willing to help enforce codes in the ETJ if he is authorized to do so.
“That’s what it’s going to take — everyone being concerned,” Yount said.
One hurdle in dealing with the ETJ is that people living in the area do not pay city taxes. Even with the county’s help, code enforcement in the ETJ has the potential to be expensive to the cash-strapped city.
Yount suggested that the city-county intergovernmental committee discuss code compliance and develop enforcement strategies and payment arrangements. She said she will bring the issue before the City Council.
Written by Brad Breece, who is serving as a volunteer intern for the Clean Up Henderson Committee this summer.