Q On the south side of the railroad tracks in the 200 block of East Street, there’s a field full of cut-down trees, garbage, weeds, and other debris that has been there well over a year. The city says there’s nothing they can do about it.
This might not be one of the nicer neighborhoods of the town, but why should we be forced to look at it daily? Should the owner not be required to clean this up?
A The city has little control over the property, except when public safety becomes an issue, city manager Matt Zimmerman said. Then, it can issue a mowing order; otherwise, Zimmerman said, it can do nothing about the trees and other debris.
A representative of Burlington Northern Santa Fe Railway, however, said the company can and will look into the matter soon.
Joe Faust, director of public affairs for BNSF, said that the company takes such problems seriously.
“We have management teams that consistently make sure that our right-of-way is clean,” Faust said, adding that BNSF operates in 28 states and in Canada.
The company does not want its transportation impeded as it moves customers’ products from one point to another, nor does it want to impede public safety, he said.
“BNSF is committed to the health and safety of the communities where we operate,” Faust said, “and we will immediately revisit this particular situation early next week.”
Zimmerman said that the city is limited in its ability to exert control over property owned by the railroad.
“The property is owned by the BNSF and they use it as part of the operations,” Zimmerman said.
“The city has virtually no control over any aspect of the operations of railroads, as is common (in) every state due to the original state/territorial land grants.”
Zimmerman said the city may apply only ordinances pertaining to public safety.
“The city could not find any violation pertaining to safety except tall grass,” he said. “The city did mow the property on May 15 and bill BNSF since they were in violation of the weed ordinance and did not mow the property within the notice period.”
The city’s Code Services division will check the lot regularly to ensure compliance. If the property needs to be mowed and BNSF does not mow it after notification, the city again will mow the property and send the bill to the railroad company.
“The policy is applied equally to all landowners,” Zimmerman said.
• Readers with questions on topics of local interest may submit them to Because You Asked, in care of The Gazette, Drawer C, Emporia KS 66801. Questions need to be signed, but names will not be revealed. Questions submitted anonymously will not be answered.
Comments
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dhcc66 (anonymous) says...
the property at least used to belong to white's tree service. the owner of white's passed away a year or two ago and that is when the lot went downhill. i'm not sure who it belongs to now.
July 11, 2009 at 7:59 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
It's SOUTH of the tracks on EAST Street, nothing will get done about it because South is not North and East is not West. In Emporia if you ain't North West you just ain't.
July 11, 2009 at 9:34 p.m. ( permalink | suggest removal )
hartford (anonymous) says...
Well said seriouslyfolks
July 12, 2009 at 10:15 p.m. ( permalink | suggest removal )
One_Voice (anonymous) says...
Seems to me it is a health risk, I have seen Rats and other rodents there.maybe someone could explain how this site differs from the old pallets plus site?
July 13, 2009 at 7:03 a.m. ( permalink | suggest removal )
create (anonymous) says...
The only difference I can see is that the property is located in the city, and Pallets Plus is located in the county.
You would think that the RR would have thought to do something once they received a mowing bill two months ago.
Whoever asked this question deserves an award. Now maybe there will be some public pressure.
Good comment, seriously. This would have never happened in the northwest. EVER!
Shame on the big wheels.
July 13, 2009 at 8:27 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
"You hate the North-Westies because you secretly long to be one…that’s a clinically proven fact, right there."
I see what you're sayin' crack but the fact is that most of the people over there are wanna-be's and they can't afford to live like that, that is why when the goin' get tough they have to sell them thar American dreams and return to reality. That's why I just improve myself right here on the South East side in my humble little cottage. Many rooms and a finely manicured lawn says nothing about the heart of a person.
Seriously R. Folks
ps
I wasn't so much complaining as pointing out a fact of our community. They can keep their white washed tombs.
July 13, 2009 at 11:15 a.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
"Maybe nobody likes the South East part of town because it's full of a bunch of cry babies.........follow their shining example and act like them."
I seem to have missed the part where the people who want this cleaned up are being crybabies and not acting correctly. Whatever do you do over there on the NW side when a business doesn't clean up it's lot? Seems to me that if we were as you describe, we wouldn't notice or care about an overgrown, junked up lot. The evidence here is that we want our side of town maintained equally. I know better then to get into this with crackinsack, but I want to make sure that that twisted perception isn't given a foothold.
Isn't Heartland Mobile Home Park technically on the NW side of town???? Hmmmmm..........
July 13, 2009 at 1:09 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
So, do you all trespass with your lawn and landscaping equipment and clean it up yourselves or what? How is it wrong to blame the others who own the piece of property?
It is not the fault of Northwestern Emporians that the city doesn't take a whole lot of action to maintain the Southeast side-------unless those Northwestern Emporians are the ones who make those decisions. There is, however, a set pattern of favoritism in which side of town gets the attention.
It seems rather hypocritical that you call us all a bunch of prideless crybabies who blame others and *stereotype*.
YY4U:
You are SOOO right!! I wouldn't accept money to live on that side of town where the tornados come through.
July 13, 2009 at 3:12 p.m. ( permalink | suggest removal )
b3bill (anonymous) says...
YY4U:
Interesting, I've never heard about the dump on the NW side. Approximately where was it located, what streets would surround it? Any idea how long it was a dump and when the dumping was stopped?
July 13, 2009 at 11:53 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
A long time ago I used to be a "northwestie" but as soon as I moved into my house a lot of my neighbors sold theirs (never figured that out), and built newer homes north and west of their old ones. I guess now I am a "northcenterererer" and it works for me. I am sure that the r.r. will take care of that property now that it has been brought to their attention.
YY4U, That off-gassing has a name. crackinsack! :}
July 14, 2009 at 5:27 a.m. ( permalink | suggest removal )
create (anonymous) says...
Northwesties, southeasties, and now a "northcenterer." Words can be mathematical -- division.
Not long ago, I was in the UPS store when the clerk suggested to a woman that she could obtain what she was looking for at the main post office. "Ughhh," the woman grimaced, "I don't go down to that filthy part of Emporia." Get that? "Down."
I'm in the old central part, where the beautiful trees and old Victorians are located, my own home still standing since 1892. I don't feel "filthy" at all. In fact, I feel safe.
July 14, 2009 at 5:46 a.m. ( permalink | suggest removal )
neighbor (anonymous) says...
I was born and raised in Emporia. I remember when IBP was built and began stinking up the air. There were no Northwesties then, all that area was pastures. Country Club Heights was where the "snobs" lived. Most of the working class middle income workers lived across the center of town South from 15th South to 4th Ave. My black friends lived over on Sylvan or East St. Below South Ave was where most of my hispanic friends lived. All the college kids from CofE were from NY it seemed, and KSTC(ESU now) students were future teachers.
If I were ever to move back to Emporia, it would be on the NW side of town where property values are maintained instead of devalued by neglect.
July 14, 2009 at 6:21 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
neighbor;
Do you remember back before Armour meat packing? Prairie st. was a gravel road north of 6th and Nicholson Lumber co. was right there on the corner. City limit was right there I think. The stone house at 15th and prairie was there but surrounded by pastures. Does anyone remember the sheep pens out by the dump? I don't think the turnpike was even built and Interstate was not even a word then. Ah the old days.
July 14, 2009 at 6:48 a.m. ( permalink | suggest removal )