“… the City Council of the City of Pell City has determined that it is wise, expedient, and in the best interests of the citizens of the City to declare the weeds growing upon certain real property owned by Pell City-Tifton Properties LLC to be a public nuisance and to order the abatement of said public nuisance,” the resolution passed by the council states.
Pell City-Tifton Properties LLC, a subsidiary of Thunder Enterprises, owns the former Avondale Mills property.
Pell City-Tifton Properties filed a lawsuit against the city last year after the council failed twice to act on a second rezoning request by the Chattanooga-based company for the 26-acre site.
The lawsuit is still pending in the courts. The company wanted to rezone the property for residential and commercial purposes.
This is the second time the company and city have squared off in court. The first time, the city and company had a dispute over the selling price for property that had a well.
The company had asked $1 million for the property with the well site, but the former administration claimed the property was only worth $310,000.
Pell City-Tifton Properties challenged the city’s condemnation proceedings and in a court settlement was awarded $1.1 million for the one-acre well site.
The resolution passed by the council Monday alleges that the property attracts and provides shelter for an array of animals, including snakes, mosquitoes and “other vermin,” and the tall grass or weeds “constitute a serious fire threat or hazard.”
A public hearing on the matter is set for July 8, although the resolution does not specify a time.
At that time, the city will afford public comment from company representatives, as well as the public on the issue of declaring the property a public nuisance.
John Thornton, president for Thunder Enterprises, was not available for immediate comment Monday.
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