County issues nuisance notices, hears about property dispute

     Several reoccurring nuisances throughout Jones County were back on the Jones County Supervisors’ recent agenda for their Jan. 28 board meeting. In addition, an Anamosa resident also requested his neighbor’s property be deemed a nuisance due to ongoing activity.

   Land Use Administrator Whitney Amos presented four nuisances to the board, all having been written up in the past.

   The nuisance at 8346 Slide Rock Rd., Anamosa, owned by Paul and Roxanne Rundle, has been ongoing since July 2024.

   “They’ve been working on it,” noted Amos of the clean-up efforts.

   Up until this point, Amos sent courtesy letters to the Rundles. The board approved an official nuisance abatement letter, giving them 60 days to abate.

   Amos reported that David and Pamela Leytem, owners of 10636 and 10644 Main St., Center Junction, have not done anything to remedy the nuisance. The board approved issuing a civil citation against the owners.

   Much like the Rundles, Amos said Michael Lux, owner of 10669 Main St., Center Junction, “has been working on it.” She said she’s been in contact with Lux on his progress.

   The board approved an official notice with 60 days to abate.

   Amos told the board she’s received multiple complaints against Jerry Wilcoxsen, owner of 10657 Main St., Center Junction. The county did issue a civil citation against Wilcoxsen in 2024. Amos said within a month of her going to court, more complaints have come in.

   “It’s not good,” she said.

   After speaking with County Attorney Kristofer Lyons on the matter, Amos told the board they can bypass the nuisance process and issue yet another civil citation.

   Supervisor Jeff Swisher asked if Wilcoxsen paid her initial fine. Amos explained it was dismissed because “she did everything that was asked of her to do.”

   The board issued another citation.

   Charles Durgin brought what he called a “nuisance complaint” to the board’s attention, located at 23256 Fish House Rd., outside Anamosa.

   “I have a problem with my neighbors,” he said.

   Durgin said the driveway on his neighbors’ property is a shared driveway; he said he has an easement to use the driveway to get to his field. He said his neighbors installed fences and gates along the driveway in order to prevent him from accessing it.

   “I have to open and close 12 gates to get to my hayfield,” he said.

   He said he spoke with a local attorney who referenced Chapter 7 of the county code pertaining to nuisances: “The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds”

   “This is extremely dangerous for emergency vehicles,” Durgin said in terms of access. “They’ve even locked the gates. They can’t block access to somebody’s property. It’s all done in spite.”

   Durgin said his neighbors even called the Sheriff’s Department on them for trying to get through the gates to their field.

   County Attorney Kristofer Lyons weighed in saying while he doesn’t know why Durgin’s neighbors are doing “what they’re doing,” the matter seems to be a “long-standing dispute” between neighbors versus a nuisance issue.

   “This needs to be settled in district court,” he suggested. “From the county perspective, we should not be engaging in any enforcement mechanism.”

   He said by taking the matter to court, there could be a determination of the exact location of the easement.

   Lyons also clarified that having an easement to access the driveway does not make it a shared driveway.

   “It doesn’t matter,” Durgin said. “The Jones County Ordinance states they can’t block access. This is not a civil matter.”

   Durgin said he has documentation for the easement.

   Amos said nothing she’s seen on the matter shows that Durgin is the property owner of the property in question. He claimed he is “partial” owner.

   “I’m asking to be able to use my property,” he said.

   Lyons said until the board hears the other side of the story from Durgin’s neighbors, he advised them not to act on the matter.

   At the close of the board meeting, Lyons returned sharing that he and Chief Deputy Brian Eckhardt drove out to the property in question. He shared that there are not 12 gates on the driveway, “but at most three.

   “The neighbor came out to talk to us, recorded us, seemed very upset that we’ve listened to Mr. Durgin,” continued Lyons. “We told him we were just there to observe and gather information, to see what was going on out here.

   “This is a very contentious situation that we’ve been asked to weigh into,” Lyons added.