Prospect couple fined for ornate garden fences

A Prospect, KY couple didn't think a fenced in vegetable garden would ignite a battle with the city. But it's done just that.

Bob and Fran Westerman say policemen have been to their house three times, they've been fined, now they have to face the code enforcement board of prospect... All over an ornamental fence!

It’s just a 6 by 12 foot garden or so, that was fenced in, but the Westerman's didn't have a permit for the fence. Even after trying to get one, this battle between them and the city rages on.

"We basically just have 3 different things. Pepper plants on the end, tomatoes and here we have zucchini squash..." said Bob Westerman.
He and his wife Fran couldn't wait for their vegetables to grow.

"I'd say we're enjoyment gardeners... I don't know if we're avid gardeners."

But this garden has been: "A miserable mess!" said Fran.

Because when they planted it six weeks ago, they had no idea the decorative trellises would cause such an uproar...

"It comes in sections, it's temporary, and it's only to protect the tomatoes," explained Bob.

"And it's not much taller than you!” said WHAS 11 News Reporter Adrianna Hopkins to Fran.

"No! Here ya go!" she said, standing next to it.

And originally, the trellises fenced in the vegetables to keep out the deer that feast on their rose bushes.

But the Westerman's didn't have a permit, so the day after the fence went up, Fran says a police officer came knocking saying the fence violated an ordinance.

"The policeman told me that this could escalate to putting a lien on our house! Over tomatoes!!!!” exclaimed Fran.

The Westerman's say, twice they've tried to get a permit and twice they've been denied. Bob even moved the trellises one in front of the other and covered the entire garden in bird netting. But it still violates the Prospect ordinance which says: a fence or free standing wall can't be built without a permit. They say a total of three officers have visited them, and they've been fined $50.

"Now I'm to go to the Code Enforcement Board in Prospect and plead my case there,” said Bob.

But now, they're green thumbs are sore. Fran says this battle has done more than uproot some plants and a fence.

"We've made an offer on another house and we have ours up for sale. And I hope people who think gardens are so unsightly are happy."

We haven't received a comment from the Mayor or city officials. The Westerman's say they’ve made sure they can have a garden and a fence at the house they hope to buy.