Can City Hall enforce an ordinance on a selective basis?

[Nova11]

What is the name of your state? Oregon
I live in a small town (under 300) and we have a group of people on city council that are family and friends. The group is large enough that they effectively use the city hall to bully anyone that they decide they don't like. I was unfortunate enough to have one of their friends move in next door. They had six mean dogs running loose, so I finally pressed charges. Ever since then their city council buddies (two of them felons) have been trying to make me move some plants out of the city right of way. They now say they are going to put a lein on my house if I don't. My question is: don't they have to provide a specific ordinance I am violating and if I am, can they select me as the only resident to have to move the plants when dozens of others have plants in the city right of way as well?

 

[Happy Trails]

What is the name of your state? Oregon
I live in a small town (under 300) and we have a group of people on city council that are family and friends. The group is large enough that they effectively use the city hall to bully anyone that they decide they don't like. I was unfortunate enough to have one of their friends move in next door. They had six mean dogs running loose, so I finally pressed charges. Ever since then their city council buddies (two of them felons) have been trying to make me move some plants out of the city right of way. They now say they are going to put a lein on my house if I don't. My question is: don't they have to provide a specific ordinance I am violating and if I am, can they select me as the only resident to have to move the plants when dozens of others have plants in the city right of way as well?

I don't know if your town has an ordinance on that or not. You could certainly go to City Hall and make an inquiry.

We had a similar situation in our town. One of the city workers wanted three lots that someone else bought first. The city worker decided to go after him for various things, (cars that weren't current with tags, yard decorations, etc...). He went and got his dealer's license which took care of the car issue. When it came to the yard decorations, he went all over town and wrote down everyone that violated the ordinance in which he was being cited for.

He then went to the town meeting and presented them with his findings. He said he didn't mind putting his yard decorations further back in the yard, but he didn't think it was fair that he was the only one told to follow the ordinance. He said if you're going to go after me, then you better go after everyone.

This triggered letters being issued to all violators. The city continued to go after this guy. This guy told the city you'll have to take me to court (which the city did). Our county threw the case out and told our city that they would not 'hear or prosecute' any case that our city had pertaining to that ordinance.

Fast forward to this year, the city has made a new ordinance (just last night) in which they are limiting households the number of vehicles they can have; also only one car can be parked in the city right of way with a 24 hour limit.

This has gotten our city in an uproar. They are sending out notices to 92% of our town. This will have a major impact on households that have several licensed drivers, each with their own vehicle. A lot of the residents have there driveways on city right of way. I don't know what will happen, but it should be interesting.

***Sorry for the long drawn out story. The point I'm making is the city would be discriminating if they only go after you for breaking the ordinance.

Signed, one of the residents expecting a letter.
However, we will have no problem complying.

 

[Nova11]

Thank you so much for your reply. The only ordinance they have brought up in the past is the nuisance ordinance and all it says is you have to keep bushes and trees in the city right of way trimmed so as not to interfer with pedestrian and vehicular traffic (which mine don't). The notification letter I got demanded that I remove all vegetation and plants and reseed it with grass.
I bought a fixer upper here about five years ago and have done nothing but clean it up. People say I have one of the neatest yards in town, so you would think any normal city council would be happy with what I've done. But then again, the city council member who lives across the street has a moble home thats literally caving in, half a dozen non-running junk cars lying around (including in the city right of way), a fence that is seven feet into the right of way, and every few monthes he goes on a methamphetamine trip where we all put up with him yelling about the imaginary people who are trying to get him! Most of the time I feel like I'm living in a bad movie! When I asked if he was going to have to move his fence and cars he said there's a grandfather clause protecting him - yeah right.
I too am deciding if I should make them take me to court. I don't have the money to hire a lawyer, but I just can't imagine a judge not seeing through all this. And as for a grandfather clause, my county told me there's no such thing when it comes to public land.
I also went around town taking pictures of everyone elses "violations" that aren't being enforced, so I was very glad to hear that your county ruled the way they did. Sounds like your city is not willing to give up, but if everyone here has to move their plants, fences, etc. I bet our city council would not be so eager - most of them are going to have to move alot of stuff themselves!
The other issue I have is they claim this is city property, not just a right of way, yet the residents are required to maintain it because the city doesn't have the money. Is this true in your town as well?
Thank you again.

 

[CdwJava]

Would the city be discriminatory in ONLY pursuing you? Sure. But that does not mean that it would be in any way unlawful for them to pursue only you.

Try to get a copy of the specific ordinance you are accused of violating and then read it yourself and consult an attorney to see if it applies. The fact that they are only going after you at this time - even if there are 100 other people doing the same thing - does not mean the action is unlawful.

- Carl

 

[Happy Trails]

The other issue I have is they claim this is city property, not just a right of way, yet the residents are required to maintain it because the city doesn't have the money. Is this true in your town as well?
Thank you again.

Our state law states that it is the responsibility of the owner to maintain the area in the city right of way (including the cost). Then it also makes the land owner get a permit for removal of trees and limbs on the ROW. The owner could get fined if they don't.

Your city does have the ability to make ordinances within itself.

ORS 221.926 Authority to enact ordinances. Every city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all necessary ordinances for the purpose of carrying into force and effect any provisions of ORS 221.901 to 221.928 or any other laws concerning city government

As Carl said if you are guilty of violating the ordinance, the city can pursue you. If you choose to bring it to their attention the numerous other violators, who knows what action this may trigger. They may drop the whole thing or it may trigger others getting cited for the same offence.

In the situation I mentioned, it sent our concilmen to seek the advice of the city attorney. In turn they were advised that they could not just isolate one individual when there were other violators. When the other violators were given notice the city council ended up with a lot of angry citizens. The board members would tell people on the sly that they really only wanted this one individual and the notices were given out as a formality. It just sickens me. I'm glad the guy won.

The officers do take an oath in office to honestly and faithfully discharge the duties of office, and that the officer will support the laws and Constitution of this state and of the United States to the best of the ability of the officer.

This link brings you to statutes in Oregon covering "Organization and Government of Cities":
http://www.leg.state.or.us/ors/221.html

 

[seniorjudge]

What is the name of your state? Oregon
I live in a small town (under 300) and we have a group of people on city council that are family and friends. The group is large enough that they effectively use the city hall to bully anyone that they decide they don't like. I was unfortunate enough to have one of their friends move in next door. They had six mean dogs running loose, so I finally pressed charges. Ever since then their city council buddies (two of them felons) have been trying to make me move some plants out of the city right of way. They now say they are going to put a lein on my house if I don't. My question is: don't they have to provide a specific ordinance I am violating and if I am, can they select me as the only resident to have to move the plants when dozens of others have plants in the city right of way as well?

Time to call in the news media.

 

[Nova11]

Thank you all for your responses and help. I already had a copy of the only law they have mentioned - yet not officially notified me of. I would like your opinions, so I am including the section they referred to.

Public Nuisance Ordinance 3-101

1) No person in charge of property shall allow or permit trees, bushes, or shrubs on property abutting a street, alley or sidewalk to interfere with vehicular or pedestrian traffic. A person in charge of property shall keep all trees, bushes, or shrubs on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight (8) feet above the sidewalk and at least twelve (12) feet above the roadway.

2) No person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.


Nowhere do I get that this states you can't have plants in the right of way, if anything I read just the opposite. If the street, alley or sidewalk are in the right of way, then it would appear any plants you keep trimmed abutting them must be allowed in the right of way as well. The second sentence states trees, etc. including in the adjoining parking strip must be trimmed..., so again, how do you keep trees, bushes, etc. in the parking stripped trimmed if they are not allowed in the first place?

As to section 2, my neighbors had some decaying trees that were in the right of way in front of their house, and after some dispute the city paid to have them removed. I guess they are saying they are responsible for maintainence of some right of ways, but not others.

The reason I asked about the maintainence is earlier in the ordinance under definitions it descibes "the person in charge" as the owner, agent, occupant, lessee, tenent, contract purchaser, or other person having possession or control of the property". If the city (and not I) is the owner, therefore having possession or control, I don't know that I can be assumed to have the responsibility for it. I know of no other ordinance that addresses this.

I have written them three times asking for them to clarify their position on these issues and to send me a copy of the so called "grandfather clause" etc. When they finally did answer they basically gave me a copy of an enforcement ordinance (explaining the procedure for putting a lien on my house), a highlighted picture of the plants they want removed, and a copy of the deed to my residence. As to any of the questions I asked, they said anything they didn't answer (which was everything) I could find at the county court house. Another words, they blew me off and set a city council hearing date for next month - as if they aren't going to blow me off there too. From what I read this is the last step before they take me to court.


As far as calling the media, that is an option, but the last time someone did that they started getting vandalized and the reporter was rewarded by receiving an editorial in the paper blasting his ineptitude. These people are bullies in the truest sense of the word and have no problem lying or making things up to suit their needs. That's why I question everything they say or do.

Well, any comments on this? Sorry for this being so long, but all your comments have been very helpful. Thanks again everone.

 

[Happy Trails]

Public Nuisance Ordinance 3-101

1) No person in charge of property shall allow or permit trees, bushes, or shrubs on property abutting a street, alley or sidewalk to interfere with vehicular or pedestrian traffic. A person in charge of property shall keep all trees, bushes, or shrubs on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight (8) feet above the sidewalk and at least twelve (12) feet above the roadway.

2) No person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.

Well, any comments on this? Sorry for this being so long, but all your comments have been very helpful. Thanks again everone.

With the ordinance you posted, I agree with your interpretation.
If you only look at the ordinance upto this point---1) No person in charge of property shall allow or permit trees, bushes, or shrubs on property abutting a street, alley or sidewalk......(then they would have a point). Maybe they are not counting on your interpretation of the entire ordinance.

In my opinion they are trying to strong-arm you. Unless they can give you an ordinance in which tells you are in violation of what they are trying to force you to do (then they got squat).

Sounds to me they are grasping at straws, because you initially took a stand against the neighbor's junk yard. They don't want to address the issue's you have asked them about, which would make it appear they can't find anything to substantiate what they are claiming.

It wouldn't hurt to have a reporter attend the meeting. We have one that comes to our town meetings and writes a report in the newspaper after each meeting. The council members may end up looking a bit foolish if they can't come up with anything, once you ask them why they would be trying to put a lien on your house.

In our town you have to go to City Hall and get added to the upcoming meetings agenda before you can talk about any issues. You should check into that.