Last Thursday's meeting of the Mineral County Clean Up Committee showed major differences between the two sides over the proposed future ordinance.
The basic difference lies in the scope of the law to be written. Gary Howell and others have argued over a period of months for a tightly written and strictly defined law. The ideal law for the Howell side restricts the power of government. If a structure or the condition of a property affects the health and safety of neighbors then the county ought to have the authority to act. Just having a property that someone deems as "junky" should not be a basis for government action.
The law must respect the basic rights of property owners. It must not encourage using the government for the purposes of harassment. Substantial penalties for noncompliance, up to $100 per day, have been suggested. This penalty could violate the US Constitutional prohibition on excessive fines. It certainly would prevent most honest citizens from using a natural right of appeal when they might have a legitimate issue with enforcement. Any major fine ought not be assessed until the entire appeals process has been exhausted. Protections for the disabled, poor and elderly must be specifically included.
The opposing side calls for a broadly based law that assigns more power to the county government. Additional powers come from the construct of the law that leaves such terms as "overgrown vegetation" undefined. Without strict guidelines, such issues become very subjective depending upon the attitude of investigators and the Enforcement Board. Committee member Kolin Jan even suggested that when the appearance of a property offended a businessman from outside the region, that he ought to be able to file a complaint against the owner, citing an "adverse effect" on economic development. How many of us have properties that would meet the aesthetic standard of a big city businessman?
Another issue lies in the well-known fact that politicians do not always act in accordance with ethical standards or even the law itself. Members of the committee denied that reasonable and honest public officials would ever abuse this law. And they would not. Mineral County's current officials are honest and trustworthy people, but they will not always be in office. The history of West Virginia demonstrates that all too often, elected officials do not follow the law. West Virginia elected officials have been known to take bribes, misappropriate federal and state funds, commit voter fraud, intimidate witnesses, one even bit a citizen in the nose. With this record, citizens are wise to prevent much power from falling into government hands.
The cold fact is that those that want broad powers and sweeping language in this ordinance could win unless the public speaks. Citizens concerned about their rights need to inform committee members such as Gary Howell that they want their rights protected. Additionally, they need to let the county commission know how they feel. This government body will have final say over the creation of the law. I know a lot of folks are worried about this, they need to speak loudly and often between now and teh next meeting. Make your voice heard.
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ReplyDeleteWhile most on the committee agree that there are many properties in the county that need cleaned up, myself included. It is important that that terms are defined in the ordinance.
ReplyDeleteIn Norwood, OH the term "Blighted" was determined to be any home without 2 and half baths. Corrupt government officials used the vague language to take the homes for private development. The supreme court rightfully overturned this, but not before homes and businesses were destroyed.
The fine structure proposed by those seeking vague language would create a modern 'debtors prison' for low income families. The proposed fines would be so high as to prevent the low income landowner from making the necessary repairs, because all the money was going to pay fines. This would make it a crime to be a poor landowner in the county, but then that is there point.
The suggested Raleigh County ordinance creates class warfare, give the counties rich a way to attack their poor neighbors without consequence to themselves. In the end the low income landowner will loose their home through eminent domain, and the counties wealthy cleaned up their neighborhood. "Cleaning up the neighborhood" becomes a euphemism for "rid the neighborhood of poor people."
That is wrong and an ordinance must be fair to all income levels, not just the rich.
Folks - this is wrong. They are trying to take a way your property rights. I know there are some properties that need cleaned up but not to this extent. I read somewhere that they could even tell you your grass is too high. Who is the grass police? Do they come in and measure it? We need to know when the next meeting is and folks - we need to stand our groud. This is our property - and our freedom to defend it.
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