After several attempts to resolve a complaint over lights from the East Osage Dollar General store disturbing a nearby resident, Mayor Herb Adams ordered officials to issue a citation to the store.
“If they resolve the issue in a timely manner we can ask the city prosecutor to dismiss the citation,” said Adams, speaking at the Aug. 6 board of aldermen meeting following a discussion.
Ward 1 Alderman Ed Gass, who has brought the complaint to the board several times, said the issue is still not resolved. He has visited the area and the lights do flood the nearby house.
Fellow Ward 1 Alderman Mike Bates disagreed that the lights were a serious problem. Bates said he had visited the area and did not find the lights to constitute a nuisance.
He also said it was the city that required Dollar General to install the lights on the outside of the building.
City Attorney Dan Vogel said the municipal code dictates that light shall not be directed onto residential property.
“I visited the site and I think a judge would rule that it does reach onto the property,” Vogel said. “The light should have been directed downward, have a cover and be at an angle so it does not go onto the residential property.”
Adams said the city had made several attempts to resolve the complaint and had waited long enough for compliance.
“The city approached them twice,” he said. “All citizens are equal. How many times should we contact Dollar General about this nuisance>”
After the store officials were contacted, they lowered the wattage of the bulbs and directed them downward, but the lights still disturb the neighbors, Gass said.
“Issue a citation tomorrow and make it understood if they respond in a reasonable amount of time we’ll consider approaching the prosecutor and forgiving court cost,” said Adams, saying a citation creates the urgency and is a method to prompt action by Dollar General.
“If they comply we’ll ask for a dismissal,” he said. “If they don’t comply, we’ll take them to court.”