During the hearing, Essex told the judge that a watershed district permit is required to remove the walls. “I’m caught in the middle (if) they don’t give me the permits I need,” she said.
In that case, Essex “can certainly move the court to vacate the 10 days,” the judge told the defendant’s attorney, Jon Erickson.
Glaser told the judge that the watershed district had no objection to issuing a permit.
A call to RCWD Administrator Phil Belfiori the following week, however, called Glaser’s comment into question. “If we haven’t received an application, it would be premature to make that statement,” he told The Citizen. “I’m not sure where (Glaser) got that.
“Our Board has not acted in that regard. We can’t, as staff, make that kind of comment.”
Belfiori said that once Essex submits her application to remove the walls, the district engineer would consider the land disturbance and erosion that could occur as a result of the work.
“The rules specifically talk about disturbance or construction within 300 feet of a watercourse,” Belfiori said. “The main issue would be the stabilization of the disturbance area.”
Essex said she had complied with Palzer’s request last summer that she consult with qualified professionals to obtain an evaluation of the walls: a landscape designer from Goetz Landscape recommended against their removal, as did Rice Creek Watershed District’s (RCWD) water resource specialist.
“There is no one in the city who is a professional in this area,” Essex told the judge. “And I have to get a permit (from RCWD) to take the wall down.”
“Is that correct?” the judge asked Glaser.
“The watershed district has no objection to issuing a permit,” he replied.
And although newly elected Mayor Tom Wilharber and Councilmember Steve King have expressed an interest in taking another look at the matter, they are in the minority.
A call to the city attorney was not returned by press time.Full story here
Deb Barnes
The Citizen
This story just refuses to die! Our Public Works director has stated this is a political matter and he is just following orders from his boss. The fact remains, as long as Centerville enforces the ordinances on a complaint basis, you better be sure to get along with your neighbors.
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9 comments:
And you should hope your neighbors are not friendly with council members if you do not get along.
Looks like a big fat waste of taxpayer money
What kind of hold does the neighbor have when they can just call up and complain about things that shouldn't matter? So the city sends out someone and that only encourages the neighbor to complain more. This only boost their ego so they keep calling. The city should know when a neighbor is using the "complaint basis" over and over that the neighbor is using the city to attack their neighbor. Wake up city!!!
Sounds like city hall needs a good cleaning, people cleaning.
Why can't the mayor do something about this. It seems the council could vote on dismissing charges. What has she done to deserve a criminal record?
Larson and Glaser are the Denny Heckers of Centerville.
I suspect the City Attorney Jerk Glaser and Dallas Larson will be sued for harassment.
Looks like the Judge was "bamboozled" by our city attorney...the citizen pleads guilty to one thing and is charged for something completely different!! This is discerning, a judge didn't see through the city attorney's antics!! Shame on you Judge, for not reviewing the entire situation!!
What is so troubling about this case is that the city attorney has so much control over the situation. If the public works director is just following direction, (from the attorney) who the hell is actually in charge?!!
Looks like they are trying to scapegoat Palzer at the taxpayers expense.
Someone should do a FOIA request into how much the city attorney has been paid to prosecute this case over 3 or 4 years.
Crying shame... Most residents, including all my neighbors disagree with the city's selective enforcement.
Keep your enemies close and your neighbors closer.
RIDICULOUS!
Remember! it is the mayor and council who decide these matters. They decided to take legal action against Norma Essex. Hence the fiasco. They should be ashamed of themselves for causing Norma such grief and expense, as well as the taxpayers.
What we need are council members that can think independently.
Dean
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