Friday, October 23, 2015

726 Waterfall Way

Yes we all feel deeply bad for this family that suffered a fire last week. This was a rental unfortunately the owner has no homeowners insurance to rebuild and likewise the tenants had no renters insurance to replace their valuables that were lost.

Today 10/23 they have been there cleaning up and salvaging what they can and dumping what they can't salvage on the ground around the dumpsters. This is clearly marked that they cannot do this. When asked nicely by another homeowner to remove the garbage they dumped on the ground including a mattress and chair they became irate, they claim they have permission from the HOA to do this. We checked and were told they called Kuester and asked for permission to leave their unneeded furniture outside the dumpster and were told no. A few miles down the road is a County drop off site where they could easily take all this unwanted stuff and drop it off with no problem.

This case we fell is egregious they called for permission and were told no, they moved all these items during a weekday when the county site was open, they had vehicles large enough to carry these items to the county site, and than were asked to correct this, but instead of being good neighbors got ugly about it.

https://www.youtube.com/watch?v=XR_ndtcHbvw

https://www.youtube.com/watch?v=7m2RieO2JTs




And in case you missed it here is a link to the Lake Wylie Pilot article about the fire.

We know the fire was started by a female cooking on a grill to close to the house

After a search of York County Court Records reveals the female living at 726 Waterfall Way Christie Filomena Johnson has several pending criminal charges against her all filed earlier this month including LITTERING, Driving with a suspended license, her license is suspended due to a DUI,  and she also has a pending charge of Criminal Domestic Violence. 

In the last 3 years she has been charged with 3 separate DUI's a Disorderly Conduct, and habitual traffic offender. 

This leads to some interesting questions 1) Was alcohol abuse possibly a contributing factor to the fire. and 2) Was Ms. Johnson even legally allowed to be at the residence of the time of the fire. Normally when you are arrested for Criminal Domestic Violence upon arrest the court issues a restraining order to ban you from returning to your residence with the victim in the case, and from being around the victim or having contact with them in any way. Was Ms. Johnson violating this court order at the time of the fire? 













Monday, October 5, 2015

Dumpster Area

1) Last week a couch was dumped along with a dresser draws, both were infested with bed bugs, they were left in front of one of the dumpsters, which meant Waste Management could not empty the dumpster.

2) A witness came forward this morning and reported the homeowner at 2066 Shady Pond Dr was the culprit. 

3) Another homeowner notified the Sheriffs Department about people leaving trash outside of the dumpsters, they would increase patrols of the neighborhood, and ticket anyone leaving trash on the ground.  

For those that do not know the dumpster is for PHASE 1 homeowners only PHASE 2 homeowners are not allowed to use the dumpster as the HOA pays for private trash pickup for PHASE 2 residents.

Here is the law in SC, which includes leaving garbage on the ground outside of a dumpster, and even includes blocking the dumpster from being accessed just like the couch.

But the highlights are:

leaving trash on the ground of less than 15 pounds is a misdemeanor punishable by a $200 fine plus court costs, 5 hours minimum of litter gathering labor, and up to 30 days in jail.

leaving a couch or any other garbage totaling more than 15 pounds is punishable of up to a 90 days in jail. 

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                                                 SC Littering Laws

SECTION 16-11-700. Dumping litter on private or public property prohibited; exceptions; responsibility for removal; penalties.

(A) No person may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste as defined by Section 44-96-40(46) upon any public or private property or waters in the State whether from a vehicle or otherwise, including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) when the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;

(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.

(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the states general fund and used by the Office of the Governor to fund a litter control campaign.

(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) For a second and subsequent convictions under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to a fine.

(5) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.

(D) Any person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

(E)(1) Any person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:

(a) remove or render harmless the litter that he dumped in violation of this subsection;

(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or

(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.

(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.

(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.

(5) No part of a fine imposed pursuant to this section may be suspended.

(6) [Repealed]

(F) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.

SECTION 16-11-710. Acceptance of cash bond in lieu of immediate court appearance in litter control prosecutions.

When any person is charged with a violation of 16-11-700 or any county ordinance relating to litter control, any officer authorized to enforce such law or ordinance may accept a cash bond in lieu of requiring an immediate court appearance. Such bond shall not exceed the maximum fine provided for a conviction of the offense charged and may be forfeited to the court by the enforcement officer if the person charged fails to appear in court.

SECTION 16-11-720. Dumping trash in or along shoreline of Lake Greenwood; penalties.

It shall be unlawful for any person to dump, leave or throw any rubbish, trash, garbage, cans, bottles, containers, paper, oil, grease or other similar substances or dead animals into the waters or along the shoreline of Lake Greenwood.

(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.