-
- Property law
mulled, chewed
- SUNNYSIDE (Monday 4-06-99)---The City
Council and public cussed and discussed Sunnyside's
proposed property maintenance law during a regular
meeting last night.
-
- While nobody criticized the ordinance's
major goals--a neat town--some articulate arguments
against portions of it surfaced during the
meeting.
-
- There's little doubt some version of the law
will be approved. And there's little doubt that,
once approved, it will be tested in courts.
-
- The council aims to get a constitutional law
on the books as other cities have done, and a law
which has been reviewed by all interested
citizens.
-
- Councilman Chad Werkhoven outlined several
elements of the proposed law. He said it purpose is
actively to promote beautification, to include
coordination by a property maintenance facilitator
with the Beautification Committee.
-
- Expectations are that the city will publish
a pamphlet to outline the codes and rules aimed at
cleaning up messes that detract from local property
values.
-
- Werkhoven said most cities have such laws in
place, and that 95% of citizens comply when
approached by the kind of property facilitator he
has envisioned and for which the city has budgeted
beginning June 1.
-
- He said the facilitator will work with those
who have difficulty complying with the new law,
citing possible help from Americorps volunteers,
the Job Corps, jailed "trusties", and other
possible helpers.
-
- Werkhoven said the law needs teeth to deal
with the 5% of residents who say they simply refuse
to comply with it. Sharp teeth consist of a
possible $500-a-day fine for those out of
compliance, and $1,000 fine for those convicted of
violating the ordinance.
-
- Some in Monday's audience weren't against
the spirit of the proposed law, but expressed some
concerns.
-
- Don Outhet has never liked it when the
property owning victim is forced by the city to
paint over tagger doodles.
-
- "The city cleans it, then charges you.
You've not done anything wrong; you're the victim,
but you're being fined for damage someone else does
to your property," Outhet said. "It used to be the
city would help, but this language has none of
that," he said.
-
- Police Chief Wallace Anderson said that, in
the past, the city has provided or facilitated help
for tagged property owners, but such help has never
been in the law. "We will continue to provide
help," Anderson said.
-
- Denny Henderson, who works for the city, was
concerned that an earlier law forces residents to
park their motorhomes off the street. Now, they
park them in their yards.
-
- "So where is off-street parking? This needs
to be looked at," Henderson said.
-
- Henderson also pointed toward a requirement
that homeowners be required to keep their garbage
cans out of sight from the street, regardless
whether the cans are otherwise in
compliance.
-
- "I built a slab for my cans by the side of
my house, and you can see it from the street. Now
we need to build a sight screen? This needs to be
looked at," Henderson said.
-
- Henderson also said he disliked the city's
graffiti ordinance. "I agree with Mr. Outhet.
You're the victim and you have to pay. To get right
color of paint for house, you have to pay for the
it," he said.
-
- Jim Warren said "I support (the law), but it
does need some work. I believe a big problem is
absentee owners. I've got a (absentee) neighbor who
lets weeds grow up on his property along my
driveway. We need teeth in the law to make people
comply, whether or not a weed problem is a 'fire
hazard'," he said.
-
- Sharla McCardle told the council her boys
work on a car parked in her back yard. She said
their work provides them with an education in
mechanics.
-
- "It's my property. We can do what we want on
our property. And (having the car parked there)
sure isn't taking my property values down. My
property taxes are are going up," Mrs. McCardle
said. The audience laughed.
-
- The proposed law drew some fire on
Constitutional grounds as well.
-
- Former city attorney Don Engle, a Sunnyside
resident, said city governments can tell citizens
what to do as their properties affect public
health, safety and welfare, but "not esthetics".
-
- "You have no authority (with esthetics). The
(new law's) language is vague and unenforceable. I
don't demean the goals; I think it's written in
good faith. But you can't legislate this--you can't
win in court," Engle said.
-
- As an example, he cited the word "unsightly"
as used in the ordinance. "What does 'unsightly'
mean? Paint eroded? Siding splintering? The
language is unconstitutional. Unsightly is in the
eye of the beholder," Engle said. Engle came down
on several such examples, and indicated there were
many more in the proposed ordinance.
-
- Engle said that, in court, judges and
lawyers will operate on what the law says, not the
good intentions of those who wrote it.
-
But there were those who were quite satisfied
with the law as presented.
-
- Ivan White rose quickly after Engle spoke
and advised the audience to "Ignore Mr. Engle.
Attorneys are paid to argue these things. Laws are
made by people, then attorneys fight over them. Go
ahead. You're doing great. You've been elected to
do this. Let the judges decide. Let it happen,"
White said.
-
- Dave Fonfara said he was aware of many
complaints regarding property maintenance in
Sunnyside. "The proposed (law) addresses the
complaints. The ordinance represents a good
opportunity to improve the city's appearance. I
support the intent of the ordinance."
-
- Regarding Engle's reference to esthetics,
Councilman Don Vlieger said city beautification is
the result--not the mandate--of the ordinance as it
addresses public health, safety and welfare. "It
was very clear to me," he said.
-
- Councilman Errol Brown, having talked with
former Sunnyside City Attorney Dan Hyde, said
esthetics have been upheld in court. "So I have no
fear of that. But he did not like the ability of
anonymous citizens being able to complain about
their neighbors to city officials.
-
- In order that the accused may freely
confront their accusers, Brown said, accusers
"should be required to state their name, addresses
and the problem they're complaining
about."
-
- Brown said he would like to see a copy of
the proposed ordinance sent to the city's utility
customers along with their monthly utility
bill.
-
- "Then if we have complaints we at least know
they have had access to what we want to do," Brown
said. He suggested that a cover letter be sent as
well, explaining the city's purpose for the bill,
highlighting what is new in the proposed
ordinance.
-
- "I'd rather take time to do it right than
get on the fast track and get a lot of complaints,"
Brown said.
-
- Councilmen Brown, Werkhoven and Mike Farmer
were appointed by Mayor Ed Prilucik to huddle with
city staff to further polish the ordinance.
-
- In other business, the Council:
- Approved a resolution to draft a Community
Development Block grant proposal to provide water,
sewer, and fire flow to the expanding CanAm Steel
business at 2001 Morgan Rd.
- Agreed to obtain maps from county planners
and meet with the city Planning Commission to
discuss zoning in the city's designated urban
growth area (UGA).
- Noted that Police Capt. Mike Alford will
retire April 30 and take a position with the Corps
of Engineers out of Walla Walla.
- Noted Police Officer Bill Eikenbary will
resign "for health considerations" April
30.
- Noted Police Sgt. Bob Charvet will retire on
disability April 30.
- Police Chief Wallace Anderson reported the
city is conducting civil service tests with an eye
to replacing the three officers, plus two more new
ones salaries for whom will be paid by the feds.
- Heard a report from Anderson that the city
has a good chance of getting $144,000 for two
grants prepared by grantswoman Elaine Willman.
- Heard a report from City Mgr. Don Hahnfeldt
that city staff has contacted a "critter-gitter" to
address Sunnyside's skunk population.
- Noted the city intends to get rid of tall
piles of old railroad ties by the Jail and out near
Waneta Road.
- Tentatively agreed to support with $8,000
the Yakima County New Vision program which provided
much help for Sunnyside to host large business
expansions at the Yakima Valley Chief hop
operation, and CanAm Steel.
- Briefly discussed creating a facility where
recreational vehicles can dump wastes. Don
Hahnfeldt will address the issue at next week's
meeting.
- Lauded the late Jerry Taylor, former mayor
and volunteer supreme, for his tireless work on
behalf of the people of Sunnyside over the past 44
years. With the urging of the American Legion and
Veteran's of Foreign Wars, the city also agreed to
rename the Veteran's Plaza the Jerry Taylor
Veterans Plaza.
- Approved a Soapbox Derby event for the
city's all-day Back to the Country Festival
set for July 3. Lots of entertainment is planned,
Gold Winger motorcyclists will be hosted, fireworks
will be fired, and music will be provided. Derby
entrants will pilot their creations down the steep
hill on Grant Ave., near Central Park. Winners will
receive prizes. Sources report Councilman
Mike Farmer has already purchased a four-wheel kit.
Everyone can buy a kit at Ace Hardware for about
$60. Or one can create his own.
-
|
