Compliance, Not New Revenue, Must Be Focus Of Tickets For City Code Violations
Code enforcement officers could soon be given a new tool to spur homeowners to clean up their properties — though we caution council members and concerned neighbors not to expect immediate improvement.
The proposal is aimed at curbing quality of life nuisance code violations such as high grass, junk and debris, illegal or unregistered vehicles and accumulating pet waste. City officials anticipate allowing code officers to write tickets requiring fines to be paid rather than working through the city’s Housing Court to resolve code issues.
It’s a good idea on its face, though we would note the city should be sure to focus on compliance with the law rather than revenue enhancement. Rochester code enforcement officers have the ability to issue fines without a case going to Housing Court, but not immediately. Fines in Rochester are only issued by a code officer after proper notification. For the types of issues the Jamestown wants to issue direct fines to address, Rochester has a code officer inspect a property for high grass, trash or debris. If there is a violation, a notice and order is sent to the property owner requiring them to fix the problem. The case is reinspected 10 days later and, if it has not been fixed, then a fine is issued. If the issue is still not fixed, the city has a private contractor take care of the lawn or the trash or debris with the owner billed for services provided.
That’s a good example to follow. It gives an opportunity to remedy the violation without a fine being issued while still giving the city the ability to move quickly to remedy situations that probably don’t need to be in Housing Court for months on end.
Jamestown needs another tool in its arsenal to clean up some of its neighborhoods. But the city does not need a new revenue source to be plugged into the budget every year. We would encourage the executive branch and the City Council not to jump immediately to fines but rather to give an opportunity for compliance first.
We would also ask what the plan is for compliance if fines aren’t paid. Is the city going to hire contractors and bill property owners — and what is the process to collect at the end?
Lastly, we hope the council and city Development Department keep in mind Jamestown has a well-deserved reputation as a highly taxed city. City residents don’t need yet another way for city government to take more of their hard-earned money for issues that aren’t truly serious issues. They should remember that behind some homes with peeling paint or a yard that has gone two weeks between mowings could be a family struggling to make ends meet while adults work multiple jobs trying to provide for their children. Painting the porch may not be the first thing on their mind when they get one day off a week to try to take care of basic maintenance before their next 60 hour workweek begins.
Jamestown needs to be a bit tougher on code enforcement, but we urge caution with fines for code violations. If code officers get too overzealous, they’ll eventually be citing banks because the home’s occupants will have moved to greener, less litigious pastures.