Frustration over cleanup efforts in Fort Rice were evident on all sides of the issue at Tuesday's Morton County Commission meeting.

Richard Heck and a handful of other Fort Rice residents were in attendance, along with the focuses of their complaint, George Gartner and property owner Wayne Rockwater. The cleanup of Gartner's lots, those belonging to his family members and other Fort Rice property owners has been an ongoing problem for the county commission.

Last year, orders to clean up lots were sent to several property owners in Fort Rice by auditor Paul Trauger. Gartner's case was different, a criminal offense arising from a brush fire he accidentally started in August 2005, resulting in probation and a court-ordered cleanup. Originally, Gartner was to have cleaned up the lots by August 2006, but the order was extended last October to August 2007.

Heck said some lots had been cleaned up, but there were still exceptions, including Gartner and Rockwater.

Commissioner Matt Erhardt said he and Trauger made a trip in December to review the situation and felt Gartner had made some progress. Gartner's cleanup also is being inspected by the Custer Health District.

Charlotte Gartner challenged Heck's assertions, saying progress was being made and that her children were taking time from their businesses to help their father.

"They've been taking time from their own families to help out their dad. They take their kids with them, so they can spend time with them," Charlotte Gartner said.

Custer Health's Dick Bechtel maintained the issues arising from Fort Rice were more zoning violations than health nuisances. It's Custer's contention that Gartner is illegally operating a salvage business, though Gartner maintains that the county commission gave its permission for his operation back in the 1970s. But Trauger said he's found no record of a commission decision.

"We've always contended this is a zoning issue," Bechtel told commissioners. "What we've been looking for are health violations, such as burning insulation off wires or burning of tires. We haven't seen any of that. The fact he (Gartner) is violating a zoning law puts the issue in auditor Trauger's area, not ours. There is not a public health nuisance. I know we'd all like to see this go away."

George Gartner said he and his sons have made significant progress in their cleanup, but until the snow is gone there is little that can be done. Gartner's son, Chad, said it's unfair that most of the county's focus has been on Gartner's property, when there are several other property owners in Fort Rice with similar problems.

"Until the snow is gone we really can't do nothing. We'll get it done," George Gartner said. "He (Heck) says we didn't get anything done, but we did a lot last year. We moved all the tires."

Commission Chairman Mark Bitz noted that Gartner had taken on salvaging the former Ratz Bar in Mandan and asked whether the materials were being taken to Fort Rice, to which Gartner said no.

Later in the meeting, Morton County State's Attorney Allen Koppy told commissioners they could pursue charges against Gartner through zoning laws, but suggested they wait until the court order was up in August. Koppy confirmed Commissioner Andy Zachmeier's statement that the county commission could order Custer Health to inspect Gartner's progress on a periodic basis. The court order indicated inspections to take place as Custer deemed necessary.

The commission also may consider action against other property owners who have been notified to clean up their lots.

Commissioner Dick Tokach said that he has been receiving complaints from St. Anthony residents similar to Fort Rice's, but not one has come forward to file a formal complaint.

Trauger asked Koppy to provide the commission with the procedures they will need to pursue cleanups through zoning violations. If a property owner fails to do the work, Trauger wants the county to take care of the cleanup and charge it back to the property owner through taxes.

The state's attorney said the county will probably have more authority in communities such as Fort Rice and St. Anthony, since they are unincorporated.

"I'm really growing tired, hearing about this over and over," Erhardt said. "This has been going on for four years now, and people are really getting disgusted with the situation. We need to move forward."

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)