There has been a lot of press coverage on code enforcement the last couple of weeks. I want to provide you with my views on code enforcement in St. George. I have spent a lot of time researching codes throughout municipalities in Utah as well as other states.
Code enforcement has literally been around in America for over two hundred years.
In fact, while doing my research it was interesting to find some codes that have existed or still exist that should have been removed long ago. For example: In Kalispel, Montana children must have a doctor's note to buy a lollipop. In Memphis, Tennessee a woman is not allowed to drive a car unless a man is in front of the car waving a red flag to warn others. In Pueblo, Colorado it is illegal to grow dandelions. It is illegal in St Louis, Missouri for a fireman to rescue a woman wearing a nightgown. If she wants to be rescued she must be fully dressed. In Lexington, Kentucky it is against the law to carry an ice cream cone in your pocket. Hartford, Connecticut banned men from kissing their wives on Sunday. In Wheatfield, Indiana a woman wearing shorts, a halter top, or bathing suit to a political rally could be charged with a misdemeanor.
I think you get my point. There are some codes that exist that are silly and over the top.
Simply defined code enforcement is the legal means of balancing the interests of individuals with the interests of the community as a whole.
Code enforcement should be conducted in a manner that first assists individuals to resolve differences. The City Council establishes local regulations with the intent that those regulations will be followed. .
For code enforcement personnel to successfully do their job three things must exist.
1. The regulations must be clear and meaningful, or eliminated.
2. The code enforcement officers must be courteous to the public and properly trained.
3. The public should be respectful of the regulations established by the City Council.
If any of those elements are missing then code enforcement will be a source of contention.
As a member of the city council
A. I will work diligently to make sure our regulations are clear, meaningful or eliminated.
B. I will propose a system where the public can report directly to the City Council, on a routine basis, any instance where non-courteous behavior has been exercised or their rights have been violated.
C. Request proper training of all code enforcement officers.
I want to make it clear that I am opposed to anyone having their 4th amendment rights violated by code enforcement or anyone else for that matter. The current St. George code states:
The ACE (Administrative Code Enforcement) administrator or any enforcement official is authorized to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed and to make any examinations and surveys as may be necessary in the performance of the enforcement duties. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner based upon cause. If the responsible person refuses to allow the ACE administrator or enforcement official to enter the property, the ACE administrator or enforcement official shall obtain a search warrant.
Compare the language to that of Provo's code.
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of the Provo City Code or applicable state codes are being obeyed and to make any reasonable examination or survey necessary to determine compliance with the Provo City Code or applicable state codes. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. If a property owner or responsible person refuses to allow an enforcement official to enter property, the enforcement official shall obtain a search warrant before entering the property. (Enacted 1999-40)
Or that of Midvale.
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of the Midvale Municipal Code or applicable state codes are being obeyed and to make any reasonable, lawful examination or survey necessary to determine compliance with the Midvale Municipal Code or applicable state codes. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. If a property owner or responsible person refuses to allow an enforcement official to enter property, the enforcement official shall obtain a search warrant before entering the property. (Ord. 8/27/2002A (part), 2002)
The language is basically the same in every municipality in Utah and in other states I have researched.
St. George has been a community of general cooperation among our citizens. Rather than complaining about failures and problems and finding people and situations to point fingers at I intend to focus on solutions. I believe we can resolve the conflict that exists between the citizens and code enforcement in a civil and productive manner.
