Shots Fired Into Residence Prompt Meeting on Rentals

A residence in the 3500 block of Niblick Court in the Westport Community was the scene of a late night shooting incident during the early morning hours of Monday March 13th. That incident served as a reminder to area residents of what many say is a continuing and growing problem.

Homes on and near Lake Norman are being used more and more for short-term rentals. Many of those rentals involve persons who throw parties and in many cases, homes are overcrowded and additional cars are creating traffic and related issues.

On Thursday night (March 23rd) area residents gathered for a standing-room-only meeting at the East Lincoln Community Center, during which the short-term rentals were the main topic of discussion.

Nobody was injured in the March 13th incident, but many bullet holes in the home served as evidence that it could have been much more serious. Responding deputies were told that when the shooting started, most of those who had been at the party left. Investigators found shell casings that indicated at least five different weapons had been used to fire on the house.

Sheriff Bill Beam, Major Matt Lykins, and others talked about the incident and about the new alignment that has increased the Sheriff's Office districts to four including two in the East Lincoln area.

The shooting incident brought to the forefront a problem that has been much discussed. Two Lincoln County Commissioners attended the gathering--Bud Cesena, who lives in Westport, and Cathy Davis. Cesena said after the meeting:

"It was great to see so many neighbors turn out to the meeting. The gunfight in Westport at the short-term rental brought everyone together. Commissioners and staff have been looking at the issue of short-term rentals for about three years now. The thing holding us up has been the ongoing court battle in Wilmington and the NC Court of Appeals.

"Now that it has been resolved, we will be drafting an ordinance to address this important issue. We must take into consideration the neighbors, owners of the properties, and of course law enforcement as well as zonin--who will be responsible for administering the ordinance."

Those attending Thursday night were invited to sign up for a Neighborhood Watch program. Sheriff Beam also distributed cards with his personal cell phone number and told residents that they could call him at any time, but reminded them to call 9-1-1 to report any emergency need. "Before we can take action, we need to have as much information as possible. Those 9-1-1 calls will document the problem."

County Attorney Megan Gilbert and Planning Director Andrew Bryant also attended and answered questions. County Manager David Madden attended, but did not speak.
Several residents questioned why people were being allowed to operate a business from their home when a covenant signed when properties were purchased said that was not permissible. Gilbert told them that the covenants are a civil matter--not a criminal one. Even zoning restrictions, while the County is responsible for enforcement, are still a civil matter.

Short-term rentals--bed & breakfasts, VRBO, etc.--are a growing business nationwide. The number of short-term rentals are becoming common, especially in areas like beaches and lakes. There are currently at least 24 properties in the Westport area being used as short-term rentals.

Lincoln County Rep. Jason Saine said he is very much aware of the situation and familiar with the March 13th incident and how it serves as a reminder that bigger problems may result without laws to address the issues:

“Prior to the incident that happened two weeks ago, I had already been contacted by a few homeowners in the Westport Community with concerns about the abuse of short-term rentals.

“I have asked our legal staff to research what can be done, if anything, to curtail these abuses and what other options are currently available to full-time residents in our area and across the state.

“Homeowners Associations with rules preventing members from having short term leases is an already available option but that doesn’t help those who are in long established neighborhoods like Westport."

Saine said that for Westport to have a community-wide homeowners association would require all property owners to agree. He said that what may work better is a state law that would put some liability on homeowners who rent their properties out short-term when something serious happens:

“As staff continues to provide feedback on how to craft legislation, one thing that I have asked them to explore is looking at accountability for owners and ownership groups who allow renters to behave illegally.

“In other words, looking at monetary and possible criminal penalties if someone that they rent to commits criminal acts or criminal activity occurs at dwellings that they own.

"Home ownership is one of the most important freedoms we have in the United States, and I will always protect that right; however, when you allow a group of gang members to rent your property and terrorize a neighborhood, you need to be held accountable.

“Speaking with other local officials, we have discussed the possibility of stronger ordinances for areas of the county where this has become a problem.

“As we explore possible solutions, we want to be intentional that whatever we propose does not harm the rights and freedoms of homeowners who are good citizens and act accordingly as a good neighbor.

“There is a reason good people look to buy homes here, live here and raise a family here in Lincoln County. We are not Charlotte, nor do we aspire to be. I want to assist in any way that I can to keep Lincoln County safe not just for these families, but for all families – including my own.”

Sheriff Beam told us Sunday (March 26th) that the investigation into the March 13th incident is proceeding. "There is a law against firing a gun into an occupied dwelling, and if we can find evidence to support charges against any of those who fired shots, we'll press charges." Beam said there is still a need for anyone who has any information that may help in the investigation to report what they know to the Sheriff's Office."