Dayton Council Addresses Code Enforcement Issues

Dayton—The Dayton City Council approved several resolutions and ordinances when they met in their regular session on Nov. 14.

There was much discussion about the city’s code compliance program.

Speaking to the council about the nuisance codes were Dayton residents Art Hall, Dave Bailey, Ann Strode and Mike Smith.

Hall told the council that he thinks the nuisance code is an important thing to have, but objected to the complaint-driven process, and he quoted a number of legal references to back his position.

“Dayton’s code is based on CCRs (covenants, conditions and restrictions), and I think that is a wrong choice. If you build a brand-new housing development, with parks and new grass, you want to maintain that. People subscribe to CCRs to maintain the level of appearance,” Hall said.

“Your code puts CCRs on a community that has existed over one hundred years,” said Hall.

Hall said the ideal situation would be to talk to one’s neighbor, if there is a problem.

“Go speak to him. Tell him you have a problem. Try to resolve the issue,” Hall said.

David Bailey told the council that he would like to see a mechanism put in place for RVs which are sometimes parked, and sometimes on the road.

“What you are missing is a way for the clock to start over for travel trailers,” Bailey said.

Resident Ann Strode gave the city council her opinion about the compliance codes. “When something new comes up people get upset with change,” she said.

Strode said she is a strong advocate for code compliance, and of the code compliance officer’s efforts. “I don’t want to alienate my neighbors by complaining to my neighbors directly, Strode said.

Resident Mike Smith also spoke on behalf of code compliance efforts. “There have been subtle changes around town. Some of the places have been cleaned up a little bit, and I appreciate that,” he said.

By letter of support, Port Manager Jennie Dickinson agreed. “I am grateful efforts have been made,” said Dickinson pointing to instances where fires have happened in the past because of dry grass around wood structures, and due to the lack of code enforcement.

Hall said that he was not opposed to the code, but was opposed to how it was applied.

“The law must apply equally, unless it meets the burden of proof. The ordinance cannot be selectively enforced against certain individuals, and it must be equally enforced against all individuals,” said Hall.

Council member Delphine Bailey reminded Hall that he was on the city council in December, 2015 when the council decided to aggressively pursue nuisance abatement issues.

“We as a council asked the code enforcement officer to be aggressive,” Bailey said.

Mike Paris, also on the city council, said, “We need to give this thing a chance. There are places in town that need to be cleaned up. I do not believe we are singling out any certain person or population, as far as this goes.”

The council approved Ordinance 1903, amending the Dayton Municipal Code, Titles 10,11,12,17 and 19 for consistency with Title 10, Administration of Development Regulations and Title 21, Code Compliance.

The council also approved Ordinance 1904, which amends the section of the Dayton Municipal code to provide that it shall be a public nuisance to grow marijuana plants or to process marijuana or marijuana-infused products in a manner such that marijuana can be seen or smelled from a public place or the private property of a housing unit.

Also adopted by the city council was Resolution 1294, which authorizes an increase in the regular property tax levy for 2017, in the amount of $3,480.00, which is a one percent increase from 2016.

The council approved a request from Jim and Lolita Erskine to purchase a piece of city-owned real property, 20’ wide by 130’ in length, that is located at the northwest corner of North Second Street, and East Dayton Avenue. The city has determined it does not have any uses or existing or proposed plans for the property, according to the public works director.

To that end the Dayton city council approved Resolution No. 1293 declaring that property as surplus, and authorized the Mayor, to sell the property to the Erskines at fair market value.

Resolution No. 1292 speaks to the North Front Street overlay project, and by its adoption by the city council, is now considered final and complete.