Complaint based ordinance enforcement seems to be A-OK with the Mayor and current council. When all citizens are not treated equally, the door for retaliation and corruption is left wide open.
From: "Dan & Mary Capra" netfalcon@comcast.net
To: XXXX
Cc: dlarson@centervillemn.com; tbender@centervillemn.com
Sent: Tuesday, August 12, 2008 12:16 PM
Subject: Response to concerns
With regard to the retaliating against a citizen, the issue of the right-of-way concerns had been raised by our public works department five years ago. Last fall one citizen made a right-of-way ordinance violation complaint against their neighbor, which in turn spurred that neighbor to create a list of 80+ right-of-way violation complaints. The city enforces ordinances upon complaint and therefore had to review all 80+ complaints for merit. The council delegated that responsibility to the public works director and city attorney who reviewed the list and what was considered a hazard, thus the six addresses, of which the XXXX address was one. Below is a list of the addresses that did receive letters from the City regarding the right-of-way, at this point the City is not considering sending out any additional letters. The council was not involved in the process and was only informed six letters had been sent out.
XXXX Dupre Road
XXXX Peltier Lake Drive
XXXX Mill Road
XXXX Beaver Pond Way
XXXX Hunters Trail
XXXX Progress Road
Respectfully,
Mary Capra
Sent by one of our brilliant citizens:
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 from whom they desire favors.
*Wikipedia
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14 comments:
Well according to the Mayor's comments, we don't need to hire an additional staffer - the city council/mayor have already delegated that responsibility to the city attorney!!! Which I'm sure costs the city much more than if we simply relied on the public works dept to report ordinance violations. Not to mention, takes the "heat" off of the council/mayor who have so diligently delegated this instead of simply making a decision that may not be favorable to some!
Brilliantly said! I wonder how much money the City Attorney is charging us for this community service.
Why did the neighbor in question accuse 80 other property owners? Of the 80 only 6 were found to be a hazard. To me it sounds like the neighbor is wasting the cities time and money. If you have legitimate safety concerns by all means please contact your neighbor and or the city. Do you really think this neighbor has legitimate concerns with the 80+ property owners.
It wasn't a safety concern. It was fueled by hate and retaliation by the neighbor. If you were a victim of selective enforcement over and over for these reasons, what would you do?
Excuse me, but it appears that the resident didn't ACCUSE anyone of anything. What they did is simply point out to City Hall that there are/were many others in the city that were in violation of the SAME ordinance that they had just received a notice on!!! Its not a situation of falsely accusing anyone - if the other residents weren't in violation, then they have nothing to be concerned about. However, be concerned if your neighbor doesn't like you much!! Also, I'm not so sure that ordinances can't be amended without a public hearing, i.e., the sidewalk ordinance. I also beg to differ, in that I believe most residents put in that position would have done the same thing. In fact, I know it has been done before and those residents the city backed off of them. Please don't play the "I'm Holier than Thou" card... Trust me all it takes is our City Clerk to walk by your house at lunch time and see an ordinance violation and you, dear resident, have been "busted"...and its just a matter of time before you receive your citation..
Boy some of you folks just don't get it. By pointing out that there were others in the City that were in violation of the same ordinance, the resident did accuse, or file a complaint, with the City. It is the City's duty to investigate all complaints, valid or not. What they did find is that 6 others were in violation of the ordiance. It is City Staff's duty to enforce the ordinance once a violation is found. Do you not get it?
Again my property was one that was named in the complaint and I was not in violation. So there was at least one false complaint and seeing that the city only sent out 6 letters of violation that sounds like 74 false complaints. It is a citizens right to file a complaint, but if there is no violation I think that citizen filing the complaint should be financially responsible for any expenses the city incurs looking into these complaints. I am not holier than thou but I don't care what somebody did or did not do to their yard six blocks away. So I guess we will agree to disagree.
Let me tell you something, anonymous. I was one of the 80+ right of way ordinance violators. I was told by Tom Lee that I could throw out any letter that was sent by the City. I am also going to send the follow up email, stating that although in technical violation my landscaping does not pose a problem to road maintenance. I am one of hundreds of citizens that disagree with the way the City enforces the ordinance violations!
If I have to cut down my tree and tear out my landscaping, so be it. At least it will be fair.
I am signing this post and not using the protection of "anonymous" to spread garbage!!!
"Again my property was one that was named in the complaint and I was not in violation."
I don't believe you anonymous and will not until you post your name and stop hiding. Anyone can cay anything but it does not mean they are being truthful. Especially when they don't have the balls to state their real name!
You could be anyone, including an incumbent.
I am going to contact the moderator and request that posts like this are removed. Get a life!
Seems I get it just fine, but you seem to be in favor of selective enforcement yourself. This likely indicates you are in violation, but have not "been called out" by the City. In other words, you haven't been slapped with a fine. Don't you get it, the City is suppose to enforce ALL ORDINANCE VIOLATIONS, not just some of them -Hence, selective enforcement! After all, aren't they all ordinance violations.
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 from whom they desire favors.
"Do you really think this neighbor has legitimate concerns with the 80+ property owners."
Sounds like this neighbor has a legitimate concern with the way the ordinances are enforced in Centerville. It also sounds like this resident might have a credible lawsuit against the city. Get rid of them all up there!
I understand that the City Attorney bills $95 per hour to the city for harassing the residents of the city. This comes from their own tax dollars! When this resident sues, I hope we are not again paying to defend the stupidity of our elected officials.
Enforce all the ordinances equally and we would not be in this mess.
this is easy.. if the city or county has any issues with your property or structures they can not do anything but send letters.If the issue is not in a marked easment, tell them to pound sand. So they put a lean on your home... do your really think little centerville and it's tax payers will like to see that 5k of court costs over a rock and tree off set by 12 inches. This is the problem with this city, its a small town with alot of big heads, uneducated heads I might add. Please relax, take a deep breath and realize what and who you represent. fix our parks and rid our sidewalks of death traps. Light our roads where needed, losen the horriable word "variance" and work to make things work in the community. It's really a shame, I don't even tell people where I live anymore. and god for bid, no more cheesy retail strips with metal roofs and fo-brick. you will never attract new retail and commercail with build outs like this. again, 3000 people, small city that no one knows, get off the high horse, your not important. Take hold of your life and property, keep the city out of your life, yards and pockets.... unless you want to build 5 homes on a 3.5 acre lot and are in there pockets.....get a life.....
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