Staff writer
Marion Municipal Judge Bryson Mills took the case for Frank Pecinovsky’s property on West Santa Fe Street, Marion, under advisement, tabling a decision until the next Marion Municipal Court hearing Jan. 26.
The court heard testimony from Pecinovsky on Dec. 29 as he was questioned by city Attorney Dan Baldwin.
Pecinovsky has a collection of tractors, oil barrels, an oil tub that can hold more than 2,000 gallons of oil, and other pieces of metal on his property. Baldwin said the city has asked Pecinovsky to fence in his property for the last two years.
“It’s kept in such a way that’s frankly a nuisance,” Baldwin said. “Frankly, the citizens of this town are tired of looking at it.”
At the Dec. 27 City Council meeting, Baldwin said the city has tried to assist Pecinovsky in cleaning of the property several years ago, but the property owner did not respond. Baldwin said the city wants Pecinovsky to lineup equipment that is not for sale, dispose of salvage because Pecinovsky is not licensed to operate a salvage yard, and screen the rest.
Pecinovsky defended himself saying that he had spent $4,000 to buy a fence but could not afford to install the fence around his property. He also claimed he used the property, which is zoned general commercial, as a tractor repair business, his only source of income.
Mills asked Pecinovsky if he had filed an income tax report on the business over the past two years. Pecinovsky responded with “no.”
“I have a problem giving it credit for a business. I think you’re going to have a hard time qualifying for a business if you have not filed a tax return,” Mills said. “It’s a junkyard.”
Mills clarified that all the city was asking Pecinovsky to do was to screen the property with a fence.
“The city has gotten impatient over the last two or three years,” Mills said.