Showing posts with label equal enforcement. Show all posts
Showing posts with label equal enforcement. Show all posts

Thursday, April 04, 2013

ON THE AVENUES: Municipal dysfunction sweeping (still) prohibited.

ON THE AVENUES: Municipal dysfunction sweeping (still) prohibited.

A weekly web column by Roger A. Baylor.

Soon it will be street sweeping season again, and a sad weekly reminder of the city's historic tendency not only to tolerate law enforcement iniquities, but to institutionalize them. Last night, after the Merchant Mixer meeting at around 8 p.m., I saw a nighttime employee of a downtown retail business walking to his truck, which was parked on the corner of Market and Pearl. He plucked something from the cab, and returned to his shop. Assuming a five or six hour shift, his truck may well have taken the space of a downtown customer's vehicle, one per hour. Does it make any sense not to issue citations under such circumstances, when a Spring Street resident's car parked in the wrong place for five minutes during street sweeping season is issued a ticket? The following column originally was published on May 19, 2011. Only last year did Williams Plumbing finally clean up its building. How much longer before we undertake to resolve the parking issues downtown? Here's a clue: If it's free, is there any value to it?  

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Yesterday was Wednesday, and Wednesday is street sweeping day on our side of the block.

A policeman customarily follows the street sweeper, because cars are not supposed to be parked on the street, where they obstruct the sweeper’s solemn duty to transfer rubbish from the curb into the center of the bicycle lane.

Recently, with the stated intent of promoting businesses (like my own) and sparing shoppers, diners and shop employees the hassle of parking tickets, City Hall publicly announced a moratorium on the enforcement of parking regulations “downtown.”

To my knowledge, downtown as a geographical construct was never specifically defined in this enforcement suspension context. My household belongs to the Midtown Neighborhood Association, and the former Shooter’s tavern on Vincennes Street, only a few blocks away, now calls itself the Uptown.

However, Develop New Albany recently indicated that in the organization’s eyes, a stated organizational mandate to deal exclusively with downtown issues did not preclude it from expanding operations outward, into areas previously not regarded as such, implying that suddenly, we’re all downtowners.

(Applause)

Meanwhile, our residence in Midtown shares a driveway with a dental office. There used to be a day care business next door, and a doctor’s office further down. Big Value is on one corner of the block, opposite an ad agency office. On another corner, there is a funeral home, facing a fire and water damage repair shop. That’s a fair number of businesses for a residential block -- and I’m not even counting meth labs.

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Yesterday, although I knew the street sweeper was coming, I left my car parked on the street. I wanted to see what would happen.

Leaving the usual pathway of dirt in its wake, the sweeper swerved to avoid my car, and the policeman promptly ticketed me. Moments later, I climbed into the car and drove to my meeting, westbound on Spring Street, where I caught up to the sweeper and the tailing police officer.

Other parked cars were obstructing the sweeper’s progress, but they were not ticketed, presumably because an invisible line of demarcation had been passed, and now the weekly shifting of muck and butts from curb to street was occurring within the “downtown” area, where the moratorium of non-enforcement was in effect to promote businesses.

Or, businesses just like the ones on my block, where the rules against sweeper obstruction are being enforced, or at the very least, where tickets are being written, whether not there is any intent to collect the fines.

I got the ticket, and I’ll pay the fine.

The question: Why should I?

When there is a stated policy of non-enforcement within areas that are only vaguely defined, what is the rationale for enforcement elsewhere?

If the rationale for non-enforcement downtown (whatever that means) is the proximity of businesses, shouldn’t that rationale apply throughout the city?

If downtowners who have serially refused to pay their parking fines for decades announce their evasive intentions on local television, and are not prosecuted immediately, why should I feel any obligation whatsoever to drop my twenty-spot in the slot?

Yet, I do. It’s something in my upbringing. Granted, that’s twenty fewer clams to be deposited with local businesses downtown, but heck, I just consider it a token of my esteem for a New Albanian process so random, convoluted and inexplicable that it nostalgically reminds me of the feudal nonsense prevalent in Old Albania.

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Neighborhoods lying in, outside or near downtown, depending on today’s variable definition of downtown, historically have served as laboratories for non-enforcement of a different variety.

Slumlord empowerment blocs and the occasional derelict private dwelling have freely ignored basic codes pertaining to building appearance, sanitation and safety, and pretend-leaders like the soon-to-be-mercifully-retired Steve Price have abetted the shtick.

Nowadays, the city seem to be doing a slightly better job of it, although there always seems to be greater interest in the last resort of demolishing properties allowed to deteriorate through previous non-enforcement regimes. Little time is devoted to filling the holes left behind, but then again, this is New Albany: One thing at a time, please, and you’d best give us five or six years to accomplish it.

Like basic exterior repairs. I’m continually amazed by prominent examples of neglect that go completely unaddressed.

Almost every day, I walk or bike past Williams Plumbing on the northeast corner of E. Spring and 9th. If I’m not mistaken, long ago it was Cora Shrader’s Shoppe, a nicely maintained corner property.

Now it is a scantily maintained, increasingly dilapidated eyesore used exclusively for what amounts to industrial storage. Extreme weather over a period of years has torn hunks of siding away from both sides of the house, exposing the wood. Worse, the company’s big trucks tend to be parked right on Spring Street, consistently impeding the view of motorists approaching southbound on 9th.

Do these trucks get ticketed when they block the street sweeper, or does the invisible, undefined, non-enforcement Green Line come into play?

Is it downtown or midtown?

Lowdown, or down low?

If there is ticketing, does Williams Plumbing pay the tickets?

Can a building crying out for code enforcement scrutiny be any more prominently located than this one, or do the code enforcers just shut their eyes two dozen times a day while driving past it?

If readers can answer any of these questions, they’ll enter a drawing for a $175,000, studio-sized condo overlooking the river … in downtown Tirana, Old Albania. Play your cards right, and the neighborhood Mullah might save you a parking space.

Thursday, September 08, 2011

ON THE AVENUES: Tickling the master's creatures.

ON THE AVENUES: Tickling the master's creatures.

A weekly web column by Roger A. Baylor.

Earlier this week, the local newspaper reported that Lord Cornwallis has been proven right.

The world has turned upside down, pigs are flying, toaster ovens are reciting Pynchon, and the building commissioner is onto certain code violators like the proverbial stink on genuine, locally ripened farmhouse cheese.

As Grandpa Jones would say, “That’s good!”

And as Archie Campbell would reply, “No, that’s bad!”

In truth, it may be either, or perhaps both. In New Albany, are daily affairs ever what they seem?

New Albany Building Commissioner David Brewer has ordered a rental property at 1308 E. Main St. to be vacated by Sept. 16 because of unsafe conditions.

Brewer made the announcement during a New Albany Building Commission meeting Tuesday, as he said the city will explore options, including razing the structure, which is owned by local businessman Matt McMahan.

The Irish Exit in New Albany and The Levee Bar and Grill in Jeffersonville are owned by McMahan.
The link to the newspaper article is here, assuming Internet surfers dare to risk publisher Bill Hanson’s bottom-line, auto dealerships’ pop-up fetish: Deadline set for vacating New Albany apartment.

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In an e-mail yesterday, my blogging partner Jeff almost immediately put my own initial reaction into words.

Anybody know what McMahan did to piss off the City?

Countless other people and structures are worse, with the 8th and Culbertson building being just one example. It was declared out of code and in need of tens of thousands in repairs just to be habitable months before the corner collapsed. They bust McMahan, who has done at least some positive investing, and offer to enrich the other slum lord owner with no penalty. The McMahan house is in a historic district and they want to demolish it. The Culbertson building isn't and it's vital to the neighborhood?
These are my sentiments exactly, and while I can hear the accusations of toxicity being loaded along with black powder and grapeshot in the rhetorical muzzleloaders of those local power elites most recently ensconced in the good graces of City Hall’s current occupant, it remains that Jeff’s considerations are valid, and they embrace precisely the sort of questions the newspaper never seems to get around asking of the elites.

So, did Matt McMahan climb to the top of the splendiferous Elsby Building and moon the mayor in full view of downtown shoppers?

Did he refuse to let the deputy mayor run a tab at the Exit?

Does this explain why every time I suggest including the Exit in riverfront catering activities, it is rejected in favor of making sure the New Albany Country Club bar and grill gets the majority of slots, sans any semblance whatever of a fair bidding process?

Has the rot of favoritism become so pervasive that we’ll never be able to believe what we read?

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Yep, Matt must have pulled a Roger, because after all, he was given a deadline, and now the city proposes to ignore it by intervening a full two weeks early, ostensibly because for the first time in recorded history, someone’s actually checking back to see what’s been done after an order was given.

That’s good … except that it might be bad, too, and in saying this, I’m not being contrarian for the sake of being contrarian. I’m also neither criticizing Brewer, who runs his routes within the constraints of a leash brandished by higher-ups, nor coddling Matt, who can take care of himself.

As you know, NA Confidential has long advocated rule of law and the enforcement of ordinances as two sure means of solidifying the foundation of the city’s urban future, particularly as these pertain to the health and safety of rental property occupants. If the health of Matt’s tenants is threatened by mold, then something obviously must be done, precisely as something needed to be done throughout the city during the long reign of slumlords like the infamous Gregory brothers – and wasn’t, not once, not ever.

And, as I’m sure Matt would agree, he and I have had our differences in the past. Part of the process of our coming to terms was me confessing to being overbearing, and he admitting that if he had things to do over, he’d have done some of them differently. We’ve worked together a time or two, and it’s been fine. If Matt is given a chance and fails it, that’s regrettable, but he’s shown me that he’s willing to learn. Because of this, I believe he deserves that chance, just like anyone else.

My hunch is that Matt’s just another scapegoat, and I’d like to see evidence of other rental property owners being monitored in like fashion, because there’s a pesky 800-lb gorilla perched somewhere in the vicinity of Room 316, and it’s a massive question mark denoting skepticism and doubt: Doubt in the notion of equality, doubt in the sense of how uniformly such ordinances are enforced, doubt in the transparency in the process, and doubts as to whether there is any consistency in it.

When purely political motives can be seen to determine so many other facets of the city’s daily life, how can we be sure that Matt is truly deserving of newfound and meticulous enforcement scrutiny when others continue to boldly fly under the radar?

How can we really be sure that the inequality of cliquishness, rampant cronyism and the calculated (and secretive) backing of winners, from River View down to the Bud Light at Confederate Railroad show, are not factors at work in Matt’s case?

As we have seen, City Hall’s backroom reaction to 8th & Culbertson’s dilapidated status, including its ongoing efforts to seize the assets of the Urban Enterprise Association, stands as a non-transparent benchmark of justified skepticism.

There are 114 days left in which to answer these questions, before the next chapter begins. DM Bagshaw, Jeff Gahan, Thomas Keister and Jack Messer are the candidates running for mayor in our November election, and to each of them, I have only this to say: Will you pledge to disband “local government by unelected cliques”?

It’s the single best step the winner could take to remove past taints, and to help boost New Albany to the next level.