Monday, July 27, 2009

Senior Citizen Arraigned on Criminal Charges

A Centerville senior citizen was arraigned July 22nd in Anoka County on four criminal counts of ordinance violation. This resident was an active participant in obtaining petition signatures for the State audit of the City of Centerville. She was also vocal in the disagreement with City officials on the 2009 road project (Link Here) in which the City scaled back the scope and cost from the initial $7.8 million to approximately $4.5 million. Last but not least, she was also involved with a dispute regarding a variance the City approved for development on her street. Here and Here

This senior citizen is now being charged with violating the Centerville right of way/easement ordinance 93.17. One violation is due to two bricks placed in the ground (see photo above) to protect a sprinkler head from being damaged at the edge of the property. Meanwhile, there are 80+ other properties in town with same or similar easement violations that the city officials have chosen to not pursue.
One interesting example is a mailbox violation (same ordinance 93.03) in which a developer also former planning and zoning member is in violation. The matter was brought to the attention of the City Administrator Dallas Larson and here is his response Feb. 2008. As of today, the mailboxes still stand but not in the required clusters of no less than 4 no more than 6... Right next door to the alleged criminal senior citizen!
Currently there are no charges pending against the two year old mailbox violation.
Click images to enlarge
Other criminal counts the senior is facing pertain to ordinance 150.01 bringing in more than 10 yards of fill, altering the drainage plan for the property and constructing retaining walls without obtaining a permit.
Although the resident has obtained the necessary permits from the Rice Creek Watershed District approving the recent work our City officials have decided to move forward with criminal charges paying City Attorney Kurt Glaser a minimum of 95 (taxpayer) dollars per hour to prosecute.
Neighbors have verified that the retaining walls in question have been there for years and wonder why the City is now pursuing criminal charges.
Mayor Mary Capra is on record stating that the City of Centerville enforces ordinances on a complaint basis. City Administrator Dallas Larson has stated that the matter has been referred to the City Attorney and it has been left to the attorney to resolve the issues.

Is this complaint based/selective enforcement or is this the price citizens will pay for exercising their Constitutional Rights by walking petitions or speaking out at public meetings?

Wikipedia;
Selective enforcement
is the ability that executors of the law (such as police officers or administrative agencies, in some cases) have to arbitrarily select choice individuals as being outside of the law. The use of enforcement discretion in an arbitrary way is referred to as selective enforcement or selective prosecution.

Historically, selective enforcement is recognized as a sign of tyranny, and an abuse of power, because it violates Rule of Law, allowing men to apply justice only when they choose. Aside from this being inherently unjust, it almost inevitably must lead to favoritism and extortion, with those empowered to choose being able to help their friends, take bribes, and threaten those they desire favors from.

24 comments:

Anonymous said...

Looks like a case of "Who you know"...Or... "You scratch my back and I'll scratch yours!"

Mark from Centerville said...

Looks like someone is throwing the book at this person. Why would the mayor and council allow this nonsense at the expense of the taxpayer.
This is not leadership people! Vote them all out of office next year!

The wiki reference is intriguing.

Julie said...

I applaud this apparently active senior citizen. It must be disheartening to live next to someone that is in violation of the same ordinance but allowed to get away with it.
Complaint based enforcement is the root of the problem. Either the rules apply equally to every man or the rules should be thrown out.
I blame the current officials for allowing this escalation up to criminal charges and encouraging the "complainer" to pick on a senior citizen.
There is a special kind of hell for people like that!
I agree with Mark. Vote the bums out next year!

Anonymous said...

Even a blind man can see what is going on in Centerville after reading this.
It is certainly nice to have friends in high places. As long as they hold their office, that is.
APPALLING!
Thanks guys!

Anonymous said...

Is this age discrimination?
After reading the article, 2 bricks, criminal charges? What kind of people do you have running City Hall?
Is this person the only one to speak out at meetings? or the only one to walk petitions?
Sounds like this person has done everything legally.
This sounds like harassment to me.

Anonymous said...

The city should be assisting our senior citizens, not prosecuting them for something their neighbor is clearly getting away with.
I hope the senior has a good lawyer and she sues the city for all her court costs. Then go for punitive damages!

Anonymous said...

Oh, one more thing. Shouldn't a former planning and zoning member be held to a higher standard than a senior citizen?
Something smells mighty fishy!

The Moderator said...

Edited for content

Laura said...
Just who is running Centerville?
I agree with the first anonymous blogger. This looks like a case of who you know.
The ordinance enforcement is a joke and sets residents up for favoritism and discrimination.

This is outrageous!

Anonymous said...

i think the attorney is making out like a bandit..............kind of like the "City Engineer"

How much over budget is the Peltier Lake Drive project?

Guess who is picking up the slack.

Anonymous said...

Really now, the City doesn't have anything better to do with their time and OUR money?!!

WHAT IS GOING ON WITH THIS COUNCIL?

Anonymous said...

"Shouldn't a former planning and zoning member be held to a higher standard than a senior citizen?"

They should be held to the same standard. Unfortunately that doesn't appear to be happening.

Anonymous said...

Are you kidding? Eighteen months later and the City has not corrected the situation?
Apparently Developers rule and senior citizens drool here in Centerville.

Anonymous said...

I believe the senior citizen ( why don't we just say citizen because age is really not an issue)has been involved with the city on the easement issue for over a year and she has not taken care of the issue. She a named 80 other citizens that were supposedly in violation of various codes that the city was forced to investigate. I cannot recall the number of accusations that were in fault but I belive it was less than 20 %. I do not believe all 80 of these citizens were in her neighborhood. Why she cares where somebody has a rock 4 blocks away is beyond me.
In regards to the mail box issue it sounds like the city sent out a letters to the developers to make the appropriate changes. This citizen has not taken care of her violation in over a year why should the mail box issue have to be taken care of in a more timely fassion.

Anonymous said...

100% of the reported violations were in violation! The City obviously ignored the majority. I have it on good authority that there were 6 charged, hardly 20%.
Get a grip!
If I was being charged with an ordinance violation while my neighbor was given a pass, I would have done the same thing as the senior citizen.
BTW... age is REALLY an issue!
Shame on Centerville!
Regarding the developers, the City should have made certain they were in compliance sometime within the past 18 months.
Anonymous at 3:34 sounds like the complainer that there is a special place in Hell for.

Nancy said...

Anonymous at 3:34 is obviously one of the complainers picking on the senior citizen.

"This citizen has not taken care of her violation in over a year why should the mail box issue have to be taken care of in a more timely fassion."

Because a developer and the City officials should be held to a to a greater standard.
Got spell check? Doubt it...
What you meant to type is FASHION, not fassion.

I for one believe that the City should correct all developers before charging a senior citizen criminally for the exact same violation.
Once again, Centerville was caught with it's pants down.

Defend that..B@#$%!

Anonymous said...

"She a named 80 other citizens that were supposedly in violation of various codes that the city was forced to investigate. I cannot recall the number of accusations that were in fault but I belive it was less than 20 %."

If there were 80 other violations of the same code, this senior should have been left alone.

If you count the mature trees in violation just on Brian Drive, you will see how unfair the complaint based ordinance enforcement is.

Thank God I don't have the Sea Hag living next door to me!

P.S. I think that you meant to say you believe, not "belive".
Got spell check? Apparently NOT!

Anonymous said...

3:34 are you justifying your friends mail boxes? Why hasn't he been prosecuted like the senior? Perhaps friends in city hall?

Julie said...

Anonymous at 3:34 p.m.

You just couldn't help yourself could you, Lori?
Aren't we all neighbors, here in Centerville?
I, unlike you, wish to look out for my fellow residents, especially senior citizens.
Sending letters to developers (which go unanswered for 18 months) and charging seniors criminally for the same violation is disgusting!

BTW... The developer has been involved with an easement issue which has been ignored for over a year, too! There are no criminal charges pending against him, are there?
This blog proves it!

Anonymous said...

"Why she cares where somebody has a rock 4 blocks away is beyond me"

BECAUSE WHAT IS FAIR FOR SOMEONE FOUR BLOCKS AWAY IS FAIR FOR SOMEONE NEXT DOOR!

Does the City have no idea what damage it is doing with their complaint based ordinance enforcement?

They are allowing people like anonymous at 3:34 to get away with picking on senior citizens and ignoring others?

UNBELIEVABLE!!!

Anonymous said...

Wow! The fangs sure come out when someone has a difference of opinion. Whether you are 18 or 88 or a contractor like some of us the rules are the rules. To have different expectations or inspect contractors differently sounds like selective enforcement.
In regards to the 80 so called violations, according to the city worker I spoke with, not all were for the same violation. (My so called violation was different) After the city worker inspected my property he said I was not in violation. I don’t know where a previous blogger got there information that all of the accused were in violation. By their information only 6 were cited; that is less than 10 per cent of the accused. I don’t know about the rest of you; but I do not appreciate some stranger walking through my property looking for so called city violations. Forget about “Big Brother” look out for “Big Neighbor”.

If this citizen gets a speedy ticket will they name 80 other people because they know we all have exceeded the limit at some time?

Anonymous said...

"Whether you are 18 or 88 or a contractor like some of us the rules are the rules."

I hear the "rules" are finally catching up to the contractors. I also hear that the mailboxes on Old Mill Road are finally going to be moved and brought into compliance.

It's about time... About two years later!

Anonymous said...

"If this citizen gets a speedy ( hello, SPEEDING)? ticket will they name 80 other people because they know we all have exceeded the limit at some time?"

No, but they might name the people that are constantly and CURRENTLY in violation. "At some time" is not an argument.

P.S. Not ALL of us have exceeded the speed limit. Your analogy makes no sense and totally sucks!

Anonymous said...

I saw there was a little mailbox switch-a-roo up on Old Mill Road today. Almost (but not quite all) the mailboxes have been brought into compliance.

Could this have something to do with the blog or the upcoming criminal pretrial scheduled for our senior citizen?

One could hardly prosecute a senior for an easement violation while the next door neighbor is being blatantly overlooked, could one? Smells as if someone is getting their "ducks in a row" so to speak...

Something is definately up!

Anonymous said...

I have an email from a council member that states that I am "technically" in the right of way/easement ordinance violation but since my landscaping "adds" to the neighborhood, it will be overlooked.
Guess I am lucky that my neighbors like me, huh?
Wonder what the judge will think of this email when it comes to prosecuting a senior citizen? Guess we will find out soon since it's been forwarded onto the blog and I volunteered to testify in court.
IT'S TIME TO TAKE OUR CITY BACK!!