Friday, August 21, 2015

Is your city enforcing its own codes, rules, regulations and ordinances upon itself?

In this era where we see big government ignoring the rules and laws they have created, I ask myself, on a local level, are our elected officials and city administrators doing the same thing? 
 
Do our city officials pick and choose which codes, rules, regulations and ordinances they observe and live to the letter of the law and are there others they simple choose to ignore, avoid or get in the way,  the answer is a resounding yes in my opinion.
 
Let me give you an example.  In the City of Lehi, chapter 28 of the resort community code in section 07.050 – Public Support REQUIREMENTS, it states, “The property owners (Thanksgiving Point area) shall therefore make certain allowances within the Resort Specific Zone for public facilities and public support operations as follows: A.  Fire/EMS Sub-station, B. Police Sub-station, C. Utility Transactions, D. Security Services.”  Has this happened, call and ask the city administrators if this has happened in the Thanksgiving Point Resort Community. To my knowledge, this has not happened.
 
In section 28.010 – Purpose and Intent, it states, F. Support public service entities such as the Police and Fire Departments by dedicating land or utilizing certain space within the Resort Community Zone at no cost to the City.  Again, call and ask city administrators if this has happened.
 
Section C reads, “Capture previously unreachable tax revenues by providing an incentive and attraction for business owners and retail operators from OUTSIDE THE STATE to locate in the new destination community of Lehi City.”  I don’t know if you looked recently, but many of the businesses located in the Thanksgiving Point area are local businesses. 
 
Chapter 2.14, Campaign Finance Disclosure REQUIREMENTS for Candidates, section 2.14.030 states, “Each candidate for elective offices shall file with the city recorder, date, signed and sworn financial reports which comply with this chapter.  The reports REQUIRED by this chapter shall be filled at least fourteen (14) days before BOTH the PRIMARY and GENERAL elections.”  Now this provision of the code seems quite clear, but the Lehi City Recorder and Attorney decided that the code did not apply.
 
So what do we do when a City, any City fails to enforce the code as it is written other than to bring it to the attention?  Is there an enforcement mechanism in place within the city’s to make sure they are adhering to their own codes, rules, regulations and ordinances as they are written? Are there any consequences imposed upon the City who fails to adhere to its own rules, regulations, codes and ordinances?  
 
I just don’t see how an average citizen can suggest to a city that they are not enforcing their own rules and have the city listen and do something about it.
 
My experience is that when you bring this to the attention of a City official that it falls on deaf ears, they just don’t want to hear about it.  But watch out when they want you to adhere to some code or ordinance they’ve established, this is where they level their very heavy hand.
 
I believe it is wrong for Cities or Towns to have a cafeteria type mentality when it comes to enforcing the rules, ordinances and regulations they have created.  They simply can’t pick and choose what they will enforce and what they will ignore, it just isn’t right, fair, honest or transparent. They either abide by them to the letter of the law as they expect us to do or allow us to skate on the ones we don’t like and let us get away with ignoring the rules, regulations and laws we don’t like without consequence. What is good for the goose is good for the gander. 
 
I am not at all suggesting we break the law, not follow the rules, regulations and ordinances as given to us by our cities and towns.  I am suggesting that they too abide and self-enforce and obey the rules, regulations, laws, ordinances and codes as they are written.  In fact, they should be held to a higher standard of adhering to the laws as they are written to set a good example to those they govern over. 
 
As citizens of a city or town, it is our duty, role and responsibility to hold those who have the keys to city governance accountable to uphold the rules and regulations as written.  It is our job and duty to advise them if they are operating outside the bounds of the rules and regulations they have set forth and request that they immediately make the necessary changes to come back into compliance. 
 
I highly recommend you make your voice heard at City Hall, if they don’t hear from you, they may not think there is a problem.  Study your City code that you are interested in and see if your City is adhering to its own code or if they need to come back into compliance.  A City doesn’t get to pick and choose which codes they enforce and those they choose to ignore, they need to enforce them all, let’s help them.

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