SOUTHPORT — A newly appointed Southport Board of Adjustment member had to recuse himself during his second meeting because he was the appellant to one of the action items. Jerry Rivenbark hoped to be absolved of almost $4,000 in city fines, issued in July, for overextending storage and movement of bulk equipment and vehicles in a residential neighborhood than what’s allowed in city code.
Rivenbark recused himself during the Sept. 22 meeting to become the petitioner; he justified ongoing equipment and vehicle operations for residential purposes, while denying storing them. City zoning ordinance allows the usage of bulk equipment and materials for a year on residential property, but Rivenbark was fined for going over by 75 days.
Southport staff issued $3,750 in fines between April and July of this year. The board of adjustment voted 3-2 to uphold the fines; only members Chris Eckert and Steve Dosher dissented.
READ MORE: Code enforcement violations stall Southport Board of Adjustment appointment
Residents told Port City Daily violations have been going on for longer — stating equipment arrived almost two years ago. But only one person — Brian MacDonald, also a neighbor to Rivenbark — spoke at the meeting.
“This is an issue that’s not a year old,” MacDonald told the board members. “This has been going on since early spring of 2024. He’s been running his trucks and working on jobs.”
Rivenbark didn’t address the 2024 timeline, but claimed utilization of the equipment lasted longer this year, due to experiencing hardships completing outdoor renovations on his property.
“We had some equipment breakdowns,” Rivenbark explained. “Between that and just money, really, we’re kind of doing as we could afford.”
Board of adjustment member Eckert was sympathetic to Rivenbark’s plight and attempted to reduce the fine from $3,750 to $0; it failed 3-2, with only Eckert and Dosher voting in favor. BOA member Rodney Ross was absent from the seven-member board meeting; the chair doesn’t vote and naturally Rivenbark couldn’t due to his recusal.
Neighbor complaints prompted the violation notices, prior to Rivenbark’s appointment to the board of adjustment. They complained about dumptrucks, excavators and other construction equipment and materials on a 2.84-acre lot on East Moore Street, zoned R-10, medium-density residential neighborhood. All residential zoning mandates equipment can reside on property for one year before it is considered a nonresidential use.
Though notices were sent for three months, it wasn’t until July that Rivenbark received $3,750 in fines due to the violations. As of July 8, staff told the BOA it has not observed equipment storage on the property; a day later, Rivenbark was appointed to the board of adjustment. His appointment had been delayed due to the outstanding code violations. But on July 9, aldermen thought the violations had been resolved, meaning the storage activity had stopped.
They appointed Rivenbark in a 3-2 vote, with alderman Robert Carroll and Mayor Pro Tem Karen Mosteller dissenting.
On Aug. 3, Rivenbark filed an appeal to the $3,750 fine, arguing he had resolved the violation.
According to planning director Maureen Meehan: “Although the violations were abated, the fine must still be paid.”
Rivenbark told the board of adjustment he faced financial hardship, due to a storm causing flooding and equipment breakdowns. This, he said, was why the equipment remained on the property longer than it should have; his equipment is usually stored in Leland.
As for why he let the violation drag on, Rivenbark said he didn’t take it too seriously at first.
“I didn’t think it would go that far,” he said.
He also said he and his neighbors resolved the equipment dispute, though called it “World War 3” when the outdoor work started.
“We’ve all made peace,” Rivenbark said when asked by board of adjustment member Tuck Masker if any bad blood remained.
MacDonald disputed as much to the board of adjustment and to Port City Daily, adding Rivenbark wasn’t truthful about some of the instances. He called Rivenbark’s testimony a “false narrative.”
“The man puts his hand on the Bible and takes an oath to tell the truth,” MacDonald told Port City Daily, “and then there’s nothing but lies coming out of his mouth.”
MacDonald added 11 property owners abutting Rivenbark’s property disagreed with resolutions in place and were continuously dismayed by the new board of adjustment member’s actions.
“We’ve had meetings with the mayor and the city manager and the planning director; we’ve had a couple meetings with them,” MacDonald said. “The bottom line is that you got this UDO, the zoning codes, and everybody’s supposed to be following them. The rest of us are obeying the law, and he just doesn’t feel like any of that really applies to him.”
MacDonald spoke as a witness in the hearing and attempted to bring up the history between the neighboring homeowners and Rivenbark but was shut down. According to Chair Jason Robbins, MacDonald was straying from the topic of the appeal and bringing in history before the first violation took place in April.
“I appreciate your feelings about this and the importance that you attach to it and that neighbors have every right to have reactions to what goes on nearby,” Robbins said. “In front of this board today is the determination only on what’s been appealed, which was the final citation and fine.”
MacDonald told Port City Daily the bulk equipment and vehicles were brought back onto the site overnight on Friday, Sept. 25.
Port City Daily reached out to Rivenbark and the city to confirm as much; neither responded by press.
“I think he got off easy,” MacDonald said.
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