City codes not a simple matter to wade through
Eleanor Egan
Mike Berry rightly wrote that effective code enforcement should be
given very high priority by the City of Costa Mesa (“Costa Mesa needs
to be consistent in its laws,” Friday).
There is a huge need and a lot of resistance. However, the
resistance generally does not emanate from the City Council, as Berry
supposes but, rather, from segments of the public.
If you look at the facts underlying the examples given in Berry’s
letter, they do not indicate any reluctance on the part of the City
Council to enforce existing laws.
The gang ordinance does nothing more than to give landlords
grounds for evicting a tenant who participates in a gang crime on the
rented premises. It doesn’t require anyone to do anything; so there
is nothing to enforce. Under state law, active participation in a
criminal street gang can be a factor in sentencing someone after
conviction of a crime. There is nothing in that law for the city to
enforce.
The ordinances prohibiting “vagrancy, solicitation, loitering and
contractors approaching day laborers” have been repealed or rewritten
because the courts have held that such laws violate constitutional
rights, not because the council doesn’t want to act.
The city’s recently adopted RV parking ordinance is more
restrictive than the general 72-hour parking limitation, not less
restrictive. A police permit is now required to extend RV parking
time from 48 hours to the maximum of 72 hours. There is no provision
to extend the time beyond 72 hours.
Years ago, Costa Mesa used to impound abandoned shopping carts and
hold them until their owners reimbursed the city for the cost of the
retrieval. So did many other cities. The chain stores lobbied the
California Legislature and got a law passed that prohibits cities
from charging the owners of shopping carts for the cost of retrieving
them.
Now cities have the option of either having the taxpayers fund a
free cart retrieval service for the chain stores, or not retrieving
the carts.
(I won’t comment on expansion of the Orange Coast College swap
meet, since it is currently pending before the City Council and, if
approved, is scheduled to be reviewed by the Planning Commission
after six months.)
So, you see, things are not quite so simple once you look at the
facts. None of these problems are uniquely Costa Mesa’s. Most cities
across America are struggling with them. We need to adopt and adapt
the best of what other cities are doing while seeking our own
solutions. We need to press for regional or statewide solutions to
problems such as mentally ill persons living on the street without
treatment or supervision. I do believe Costa Mesa’s problems can be
solved, but it is up to each of us to educate ourselves and
contribute to creating solutions. Elected officials can’t do it
alone. They need the support and help of an informed and involved
public. They need you.
* ELEANOR EGAN is a Costa Mesa planning commissioner.
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