City is asked to resolve neighborhood dispute

HARTINGTON — The Hartington City Council Monday was asked to help solve a neighborhood dispute.

About a dozen area residents appeared before the Council Monday to voice their concerns about the smoke produced by Gary Kuchta’s wood burning stove.

Vannessa Gleason, who lives at 306 East Franklin Street, told the Council she believes the smoke issue falls under city jurisdiction since it has become a public nuisance.

She told Council members that she has reviewed the city’s public nuisance ordinance and took it around the neighborhood, along with a petition asking the city to do something about the smoke. She said 24 different households signed on to the petition.

Kuchta uses a wood burning stove to heat his shop.

The smoke from the stove never seems to rise in the air, but instead hangs around the neighbors’ houses, Gleason said.

“People all around Hartington burn wood, but don’t have the problems we are having,” Gleason said. “The fact that he wants to burn wood is not an issue, but if we cannot be in our house because of the smell of smoke, then that’s a problem. Everything in our house smells like smoke,” she said, adding that she has woken up at night several times with the smell of smoke in her house and was afraid there was a fire in her home.

City Attorney Steve Pier said more research will have to be done, but it appears the issue may indeed fall under the city’s jurisdiction as a public nuisance.

“There are two types of nuisances in the law — a private nuisance and a public nuisance. A private nuisance is when someone is doing an act that only offends, or only is bothersome to one person,” he said. “Once you get someone that is committing an act that goes beyond that, and it is offensive to a larger group, then it can fall under the definition of a public nuisance.”

Pier said acting on this issue would be no different than other actions the Council has taken, such as forcing people to clean up yards that were deemed to be a nuisance.

Dirk and Jaime Dailey, who live next door to the Kuchtas with their four children, said the smoke is making it difficult both inside and outside of their home.

“The neighborhood always has a haze over it,” Dirk Daily said. “The smoke just sits there. It’s not something any one of you would want to live next to. You can’t even put clothes on the line.”

It’s not just the haze being cast over the neighborhood, said Jaimie Dailey’s mother, Sylvia Lauer.

“This is a health issue,” she said. “That smoke curls down into their back yard and goes into the house. It’s not safe.”

Another neighbor, Stephen Thoene, said he has been around wood burning stoves most of his life and has never seen an issue like this.

“I don’t think he needs to quit burning wood, I feel there could be a better way to manage how he is burning it and the smoke it puts out,” he said.

Kuchta said he set the system up according to code, and doesn’t know why the smoke doesn’t always rise.

“I don’t know what else I can do. I don’t want to cause problems either. It’s clean dry wood,” he said.

Gleason said even if Kuchta feels the system is set up to code, his property is too low and the smoke does not rise enough

“We don’t want you to stop burning wood, but the issue is you have to control that smoke,” Gleason said.

Council President Brad Peitz suggested that Kuchta seek out professional help from a wood burning stove or fireplace and chimney expert to get some advice.

“It sounds like you need to get someone to help you fix this. Get an expert over there, let them help you figure it out.”

Dirk Dailey’s father-in-law, Bob Lauer, said he has seen that this is indeed abig issue.

“It’s really tough over there. You can’t be outside and you have the smell in your house. I’ve got a neighbor who burns wood day in and day out, and we don’t have an issue. There has to be something that can be fixed.”

Lauer would like to see the matter fixed, and said he would be willing to act as a gobetween to help Kuchta and his neighbors work together to resolve this issue.

Mayor Mark Becker said he liked Lauer’s idea, saying that is the first step toward resolving the problem.

“I appreciate you guys all coming in to talk this over. This is the way we get things done,” Mayor Becker said.

“Before we have to get the lawyers involved, I ask you to try to get this taken care of,” Becker told Kuchta. “Get someone out there to help you figure out why the smoke is just sitting there.”