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5/12/1992
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5/12/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/12/1992
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F, <br />2 1997 BOOK. ��f'A.GE <br />Chairman Eggert asked if there is any difference in the way <br />staff handles an anonymous complaint, and County Administrator <br />Chandler advised that our policy is to respond to all complaints <br />and make a determination whether a violation exists. -An anonymous <br />complaint generally would not receive high priority unless it <br />involved public health or safety. <br />Commissioner Scurlock realized that in a county of our size <br />there are many code violations and it would be absolutely <br />impossible to investigate all of them with only two or three code <br />enforcement officers. This puts the County in a situation where we <br />may be accused of selective enforcement. There may be 30 violators <br />in a given area but because a neighbor does not like the guy next <br />door, he will report just that one. Commissioner Scurlock had no <br />doubt that this problem exists and feels the County's goal should <br />be to streamline the process so that it is more uniform. He felt <br />that anonymous complaints deserve no attention, because if somebody <br />is not willing to give their name, it does not deserve the same <br />merit as somebody who is willing to come forth and testify. He <br />understood Mr. Mensing is upset by the trespass but that the issue <br />of being singled out is his bigger concern. A major problem is <br />that code enforcement becomes involved in neighborhood disputes and <br />Commissioner Scurlock could not see a solution to that problem. <br />Chairman Eggert questioned whether code violation citings <br />would be legal when the code enforcement officer trespassed upon <br />the property. <br />County Attorney Charles Vitunac advised that the County's <br />position is to deal with Mr. Mensing only in writing because we <br />cannot trust what he says. Mr. Mensing states one thing, our code <br />enforcement officer says another. The legal department has advised <br />that when a code enforcement officer sees a "no trespassing" sign, <br />they need more permission to go on the property. If there is a <br />dispute, Mr. Mensing can plead his case before the Code Enforcement <br />Board, and if he is not happy with their decision, he can proceed <br />to the court system. Mr. Mensing has a long history of violations <br />and he has not denied the subject violations; he is objecting to a <br />procedural matter which should be addressed by the Code Enforcement <br />Board. <br />County Attorney Vitunac felt it is essential to the operation <br />of the code enforcement department to act on anonymous complaints. <br />There are some situations where if a name is recorded, there could <br />be retaliation by harassment or phone calls during the night or <br />other unpleasant consequences. We do not need the name of the <br />caller because we do not use their testimony to prove a case. The <br />code inspector will investigate and when a violation. is brought to <br />24 <br />
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