Wednesday, June 15, 2011
This is what complaint based ordinance enforcement gets us...
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.
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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