IS THE FEDERAL CASE AGAINST CITY

 THE TIP OF THE ICEBERG

LOOKING AT THE BIG PICTURE IT APPEARS A WHOLE LOT MORE NEEDS TO BE KNOWN ABOUT CODE ENFORCEMENT AND LACK THEREOF

March 12^th City Council Meeting cancelled. It may have just been a coincidence that the local newspaper led with a front page headline the day before….. Giving notice that prosecutors had filed to have continued…..The Federal Lawsuit against the city……3,200 violations are alleged to have occurred with an estimated 16,000 having had their properties encumbered and/or had been fined as part of “Ordinance Enforcement Scheme”. Folks, these are pretty hard and damning words that reflect directly on how the City is and has been administered over a period of years. Perhaps the Council Meeting was cancelled to permit City Government more time to prepare for their reply to the Federal Court this coming Friday 3/13/15.

In any event how is it? that something so serious and costly to the city is allowed to remain in limbo for a period of years?  City Ordinance 1-7A-6 Powers and Duties: The city manager shall be the administrative head of the government of the city under the direction and control of the mayor and city council, except as otherwise provided in this article. He shall be responsible for the efficient administration of all affairs of the city which are under his control.  In addition to his general powers as administrative head, and not as a limitation thereon, he shall have the powers set forth in the following subsections:

A.     Law Enforcement: It shall be the duty of the city manager to enforce all laws and ordinances of the city.

B.     Authority Over Employees: It shall be the duty of the city manager, and he shall have authority, to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)

I bring this matter to your attention as on the March 5^th City Council Meeting a citizen of Bloomington requested a “Little More Enforcement” to clear up city rental ordinances that appear to be neglected. (Refer to above listed City Ordinance 1-7A-6)

The newspaper article referred to the lawsuit of 2013 in which it “Alleged Widespread Criminal Violations among elected officials and city staff.” The newspaper article by David DeMille reported that “Mayor Pike and several members of the City Council have expressed interest in making changes to the code enforcement program, although they have been reluctant to do so with the lawsuit still in court.” Folks, I ask you, do you believe the Powers and Duties Ordinance listed above are being complied with? Do you believe the City Manager is acting at the direction and approval of the Mayor and City Council…..Or is it conceivable that he is acting on his own?  I think not. It appears to me that while the city manager influences the Mayor and City Council…..That City politics may be at play…..Especially when you read in the paper that the Mayor said, “I don’t think we’re going to want to wait until it’s over (Lawsuit)  because that’s going to take some time.” “We’re all on the same page that we’d like to be able to do some things.” Folks, since it has already taken years to bring the matter of Code Enforcement to this point….. Is it not comforting to know that our elected officials are now able to walk and chew gum at the same time?

Now, just to put the matter of Code Enforcement Reform into perspective let me share with you my observations of the last decade watching City Government in action. A few years ago and under the supervision of past City Council the City grew to become what is known as an Entitlement City. This made it possible for the City to receive a greater amount of Federal Money. The growth of the City was off and running. This followed a period which, in my opinion, many old time families and land owners realized that land previously thought to be of little value was now worth millions. An example of this is Sun River property which at one time in the last 15 years or so could be purchased for $11,000 per acre. There were other areas with a similar history. 

Well to make a long story short suffice it to say that homes and business started to flourish throughout the 65 square mile area that makes up our city. This brought together old, modestly priced homes and those with a value of several hundred thousand dollars and those valued into the millions. I believe our elected officials recognized the need to clean up the community and make it more attractive to new home buyers. After all you have to attract big spenders to want to move here. In an attempt to clean up the city…..Culture values collided. Old time residents were accustomed to collecting and storing items throughout their property. The desire to do so extended throughout the entire city. The City Council in its infinite wisdom decided to increase the number of Code Enforcement Officers to 4 and turned them loose in the community to follow their…..I believe written and unwritten directives. Folks, it didn’t take long for the backlash to occur, pitting the old with the new. Those in office didn’t have to be hit with a board on the head to, recognized they had released the wrath of Old Time Voters. The very ones that kept them in office and allowed them free rein to spend the new found wealth coming into the city. I am of the opinion that before they came to their senses and decided to act it was too late. Unfortunately those who felt victimized joined in what we now know to be a Class Action Lawsuit. I believe that City Government went into a do nothing mode…..Trying to dodge a legal bullet and leaving residents unprotected.  What makes it even worse is that the powers that be are no longer able to keep such matters under the jurisdiction of a Justice Court where they have greater influence. This of course is clearly evident as matters appear to have gotten out of control and now we find ourselves in Federal Court.  Depending on the findings of Court…..This may very well result in costing taxpayers…..Hundreds of thousands of dollars if not millions. Do any of you have any idea how many thousands of dollars the City has already spend on legal fees? Up to now it appears that City Government has been content with having Salt Lake Lawyers tell them what to do. Perhaps we are starting to see a rainbow appearing on the horizon that will bring City Government to the realization that something has to be done now.

 

I will share the words of Stake President Barry Bundy with Mayor and City Council. “I believe in progression. We practice to be better. Do better today we will all be better tomorrow.”

Thank you, ED BACA