Activists say city breaking law by not enforcing it

Meanwhile, the administration is conducting an internal review of practices. The city is reassessing a handful of controversial land use decisions, as some citizens hint at taking legal action against members of the city administration who failed to enforce local environmental protections. “Although ignorance of the law is no excuse, the city has been put on notice,” wrote south-end resident and environmental activist Sally Adams in a letter to the City Council Community Relations Committee last week. “Everyone...who is a responsible public officer (is) potentially liable as aider and abettor for any failure to enforce the code and protect the public health, safety and welfare of the community at large.”

Meanwhile, the administration is conducting an internal review of practices.

The city is reassessing a handful of controversial land use decisions, as some citizens hint at taking legal action against members of the city administration who failed to enforce local environmental protections.

“Although ignorance of the law is no excuse, the city has been put on notice,” wrote south-end resident and environmental activist Sally Adams in a letter to the City Council Community Relations Committee last week. “Everyone…who is a responsible public officer (is) potentially liable as aider and abettor for any failure to enforce the code and protect the public health, safety and welfare of the community at large.”

Adams was particularly incensed about the recent clearing of trees in a no-cut buffer at the Hamlet development on Ferncliff Avenue and near a wetland on Tolo Road.

She also expressed concerns about the city’s delayed replanting of the hillside above Halls Hill Road, which was cleared four years ago during a slope stabilization project.

Adams charges that the city has failed to properly enforce city code in these and other instances. This “willfull neglect” could trigger criminal and civil penalties for the city, she said.

“The community was shocked about these problems and by the repeated failure by the city and the planning director to enforce the law and penalties,” she said in an interview last week. “There’s a groundswell of interest and anxiety in the community (about) critical areas being intruded upon and other people’s lives being put at stake.”

Adams said she is calling for no new regulations – only that the city enforce the ones it has.

City Attorney Paul McMurray did not return phone calls to comment on Adams’ legal assertions. But Larry Fraz­ier, who retired as city planning director last week, said Adams lacks a full understanding of how his department enforces city code on land use issues.

“I don’t agree with (Adams’) position,” he said. “Our practice is to have due process in a reasonable, civil fashion. It doesn’t mean we can’t improve, but part of managing government is educating the community and not having the hammer come down every time if you don’t comply.”

Frazier estimates 80 percent to 90 percent of all code violations reported to the city are brought into compliance.

He also commended the work of city Code Enforcement Officer Meghan McKnight, who was hired in May. McKnight’s predecessor, Will Peddy, was fired after the city found he had lied on his resume. Some residents had also complained of Peddy’s performance while serving the city.

Mayor Darlene Kordonowy admits “there are problems with code enforcement,” but that the city is taking steps toward improving the situation.

She initiated an internal review in mid-August of at least four recent land use issues that have drawn the ire of some islanders concerned about tree retention and other environmental and safety issues.

She said interim planning director Jim Harris will continue that review.

“We are spending time improving this,” Kordonowy said. “We’ll examine the processes and examine the laws and come to a better understanding (and) where to improve.”

Councilman Kjell Stoknes said he might favor an independent audit of code enforcement if the city fails to rectify its problems.

“There appears to be egregious code violations,” he said, also citing the Hamlet development, the Tolo Road wetland and delayed roadside re-vegitation on Halls Hill Road. “If there are flaws, we need to find where the flaws are (and) plug the holes.”

Stoknes said he’s confident the administration’s review will initiate changes if failings are found.

“I have total confidence (the administration) will make corrections as needed,” he said. “But I certainly will (support) a performance review if the administration isn’t cooperative. I wouldn’t hesitate.”