Prairie Township
Two hearings set on property maintenance code

Thursday, November 4, 2004

CARLA SMITH
ThisWeek Staff Writer

Dates for the two hearings and readings required for passage of a proposed property maintenance code (PMC) for Prairie Township have been set for this month and next. However, if the issue is voted down by trustees, some residents are prepared to resurrect it as a ballot issue.

The first public hearing and reading will take place at 7 p.m. Nov. 22 and the second will take place at 7 p.m. Dec. 8, both during the regular board meetings.

Park Village residents Russell and Jan Pitts said should the code be voted down, they will immediately begin collecting the 310 signatures required to put it on the ballot.

"If they turn it down we will take it to the ballot," Jan Pitts said. "I feel the township needs that extra tool."

Pitts said there are a lot of township residents who are ignoring zoning violation letters. The process as it is now, she said, takes a long time.

"They need something to get these people's attention so it doesn't take 20 years to get the problem rectified," she said.

Once in place, the property maintenance code will allow the township to crack down on derelict property owners. Only those serious offenders of the zoning laws would be targeted, township officials said.

The new code would allow an informal process between the homeowner and the township to try to correct the problem first. As it stands now, the township issues the resident a notice and then goes to court.

"It's an informal process without having attorneys and going to court," Trustee Joe Wharton said. "This is an administrative tool, not an expansion of zoning."

Pitts said the township would definitely benefit from having such a code in place.

"It gives us a way to work with residents rather than taking them to court," she said. "Right now, we don't have that opportunity."

Trustees once again answered questions from residents about the PMC during a packed board meeting Oct. 27. Because all three trustees need to vote in favor of the code for it to pass, one resident wanted to know if all three were "for" or "against" the code.

Both Wharton and trustee Teresa Keller said they were proponents of the code while trustee Doug Stormont said he thought residents should be the ones to decide.

"Even if this board doesn't pass it, I'm predicting it will end up on the ballot one way or another," Wharton said.

Resident Steve Kennedy, who was set and ready to gather signatures, said he won't have to now. Residents are predicting that trustees won't pass the PMC.

"If it's a 'no' vote then I'm done with it," he said.

Kennedy served on a committee of five that recently analyzed and improved a township PMC draft. At a special meeting prior to the Oct. 27 board meeting, trustees took into consideration the committee's findings and incorporated its suggestions within the code for the final revision.

"After everything is said and done, there still are some major issues," Kennedy said. "They did do some things. They cleared up the outside storage issues and took away some vagueness."

Kennedy still maintains that such a code in place would be difficult to fairly administer to all residents.

"There is a world of difference between a resident that lives in a housing development and one that lives on rural property," he said. "There is no protection from an overzealous inspector. The code is so vague no two people would interpret it the same."

Trustees said the code wouldn't mean additional employees to enforce it but Kennedy said he doesn't know how that will be possible.

"The township currently has problems enforcing laws against defiant residents and all this code is going to do is add thousands of dollars to the township budget," Kennedy said.

Kennedy is quick to point out that proponents of the code and the ones most vocal about getting it passed all sit on the zoning board or zoning appeal board.

"These residents have every right to voice their opinions at these meetings but it also should be known that they have an interest in the zoning process in the township," he said.

Kennedy said he still feels that the majority of residents don't want the township telling them when or how to maintain their properties.

"For whatever reason the trustees aren't listening to what the majority of residents are telling them," Kennedy said. "What the trustees need to remember is that two of them are up for reelection next year and it was the majority of the residents that elected them."