Wilkin: 'As the SSD, I will not selectively enforce laws within Hillsboro; all citizens must adhere to the laws'
Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Following last week's trial in Highland County Common Pleas Court in which Hillsboro mayor Drew Hastings was acquitted of charges of theft stemming from use of a city Dumpster, Hillsboro Safety and Service Director Todd Wilkin told council Monday night that changes to city legislation are necessary.
During his report at council’s regular monthly meeting on Nov. 14, Wilkin asked council “to consider writing legislation that prohibits the use of city-owned or rented Dumpsters by citizens or any city employees.”
Wilkin also asked council to review five “pieces of legislation within our current ordinance book.”
• The first, under the “Water” heading of the code of ordinance, reads:
"(A) In the event a single structure is split into two or more separate parcels without a common owner, no real property split shall be approved by the Planning Commission and no continuation of water services shall be made until all of the conditions set forth in this section have been satisfied.
"(B) Any owner of real property having fewer separate metered water connections than the final number of proposed parcels after the split, shall do the following:
(1) Designate to the Safety and Service Director the parcel or parcels to be associated with each of the existing water and sewer connections;
(2) Completely eliminate all water and sewer service, plumbing and fixtures to any parcels which will be lawfully uninhabited and unplumbed after the split; and
(3) Plumb, install necessary fixtures, and purchase and install a separate metered connection and a separate curb stop for all other parcels not designated for existing service or completely separated from water and sewer service from the city.
"(C) The City Attorney may seek an injunction against any real property transfers in violation of this section, and the safety and service director shall terminate all water and sewer services to all parcels split in violation of this section, in addition to any other remedy allowed by law.
"(D) The Safety and Service Director shall have the authority to inspect each parcel of any property split and verify the status of the property or properties to ensure compliance with this section. Any property owner who refuses to permit an inspection required by the city shall be deemed to be non-compliant and prosecuted accordingly.
• The second ordinance, under “Health and Sanitation,” refers to “noxious weeds.” It reads:
“(A) No owner, lessee, agent, or tenant in charge of any lands within the city, or adjacent to property owned by the city, shall permit noxious weeds to grow.
"(B) The Safety and Service Director or his or her designee, or any police officer, shall, upon view or credible report, notify the owner, lessee, agent, or tenant in charge of any lands aforesaid to cut and destroy noxious weeds within five calendar days.
"(C) Upon a failure to cut and destroy noxious weeds after notice, the Safety and Service Director, or his or her designee, shall employ such contractors as are necessary to cut and destroy said weeds and to collect such costs for labor and other costs and to collect the same as other taxes.
"(D) Notice maybe accomplished by any means reasonably calculated to gain the attention of the responsible party, including, but not limited to: verbal warning, affixing notice to an exterior door, posting a letter, or publishing in a newspaper. Service of the notice is accomplished upon communication of the notice to any person of suitable age and discretion in the household of the owner, lessee, agent, or tenant in charge of any lands in question. Unclaimed mail or un-retrieved posted notices is evidence of constructive service and is valid service for all purposes.
"(E) Noxious weeds include any random vegetation, not trees or shrubs, such as dandelions, ragweed, thistles, briars, or the like, and grasses or weeds exceeding ten inches in height from the soil or pavement upon which the growth is situated.
"(F) Whoever violates this section is guilty of a minor misdemeanor.”
• The third piece of legislation, under “Streets and Sidewalks,” is in reference to “removal of snow and ice.” It reads:
“Whenever there is a fall of snow or sleet during the night, the snow or sleet shall, by 8 a.m., be cleaned from all of the pavements of the city and gutters in front of the pavements by the person occupying the premises abutting on the pavements and gutters in front of the pavements. If the fall of snow or sleet or an accumulation of ice shall occur at any time during the period of daylight, then the snow or sleet shall be removed within two hours after the fall of snow or sleet has ceased.”
• The fourth, under the city’s zoning code, is for “certificates of appropriateness.” It reads:
"(A) No structure within the designated Hillsboro Historic Business District shall be constructed, or the exterior changed or altered, unless the owners of the structure or premises first secures a Certificate of Appropriateness from the Design Review Board.
"(B) All applications for certificates of appropriateness shall be submitted to the Safety-Service Director, on forms prescribed by the Safety-Service Director for this purpose.
"(C) Upon receipt of an application for a certificate of appropriateness as set forth herein, the Design Review Board shall meet and act upon the same within 30 days of its receipt. The Board will give the applicant notification of their meeting date. If the proposed change is determined to be appropriate, given environmental, architectural, historical, economic and community development considerations, then the Design Review Board shall issue a certificate of appropriateness.
"(D) Structures in the Hillsboro Historic Business District for which the primary use is residential are exempted from the requirements for a certificate of appropriateness. If a residence within the district is converted to a commercial use, and alterations are required to accommodate the business, then the provisions of this section shall apply and a certificate of appropriateness shall be required.”
• Finally, Wilkin asked that council consider Chapter 165 of the Code of Ordinances. The entire chapter deals with the “registration of vacant commercial and industrial buildings,” including: purpose; definitions; obligations of owners and persons in control; registration; registration fees; inspection; vacant building plan; vacant building maintenance standards; notice of violation; effecting compliance; appeals; interpretation of chapter; and penalty.
“Each one of these pieces of legislation need to be reviewed and either amended or repealed,” Wilkin said. “As the SSD, I will not selectively enforce laws within Hillsboro. All citizens must adhere to the laws and be accountable for them.”
During his report at council’s regular monthly meeting on Nov. 14, Wilkin asked council “to consider writing legislation that prohibits the use of city-owned or rented Dumpsters by citizens or any city employees.”
Wilkin also asked council to review five “pieces of legislation within our current ordinance book.”
• The first, under the “Water” heading of the code of ordinance, reads:
"(A) In the event a single structure is split into two or more separate parcels without a common owner, no real property split shall be approved by the Planning Commission and no continuation of water services shall be made until all of the conditions set forth in this section have been satisfied.
"(B) Any owner of real property having fewer separate metered water connections than the final number of proposed parcels after the split, shall do the following:
(1) Designate to the Safety and Service Director the parcel or parcels to be associated with each of the existing water and sewer connections;
(2) Completely eliminate all water and sewer service, plumbing and fixtures to any parcels which will be lawfully uninhabited and unplumbed after the split; and
(3) Plumb, install necessary fixtures, and purchase and install a separate metered connection and a separate curb stop for all other parcels not designated for existing service or completely separated from water and sewer service from the city.
"(C) The City Attorney may seek an injunction against any real property transfers in violation of this section, and the safety and service director shall terminate all water and sewer services to all parcels split in violation of this section, in addition to any other remedy allowed by law.
"(D) The Safety and Service Director shall have the authority to inspect each parcel of any property split and verify the status of the property or properties to ensure compliance with this section. Any property owner who refuses to permit an inspection required by the city shall be deemed to be non-compliant and prosecuted accordingly.
• The second ordinance, under “Health and Sanitation,” refers to “noxious weeds.” It reads:
“(A) No owner, lessee, agent, or tenant in charge of any lands within the city, or adjacent to property owned by the city, shall permit noxious weeds to grow.
"(B) The Safety and Service Director or his or her designee, or any police officer, shall, upon view or credible report, notify the owner, lessee, agent, or tenant in charge of any lands aforesaid to cut and destroy noxious weeds within five calendar days.
"(C) Upon a failure to cut and destroy noxious weeds after notice, the Safety and Service Director, or his or her designee, shall employ such contractors as are necessary to cut and destroy said weeds and to collect such costs for labor and other costs and to collect the same as other taxes.
"(D) Notice maybe accomplished by any means reasonably calculated to gain the attention of the responsible party, including, but not limited to: verbal warning, affixing notice to an exterior door, posting a letter, or publishing in a newspaper. Service of the notice is accomplished upon communication of the notice to any person of suitable age and discretion in the household of the owner, lessee, agent, or tenant in charge of any lands in question. Unclaimed mail or un-retrieved posted notices is evidence of constructive service and is valid service for all purposes.
"(E) Noxious weeds include any random vegetation, not trees or shrubs, such as dandelions, ragweed, thistles, briars, or the like, and grasses or weeds exceeding ten inches in height from the soil or pavement upon which the growth is situated.
"(F) Whoever violates this section is guilty of a minor misdemeanor.”
• The third piece of legislation, under “Streets and Sidewalks,” is in reference to “removal of snow and ice.” It reads:
“Whenever there is a fall of snow or sleet during the night, the snow or sleet shall, by 8 a.m., be cleaned from all of the pavements of the city and gutters in front of the pavements by the person occupying the premises abutting on the pavements and gutters in front of the pavements. If the fall of snow or sleet or an accumulation of ice shall occur at any time during the period of daylight, then the snow or sleet shall be removed within two hours after the fall of snow or sleet has ceased.”
• The fourth, under the city’s zoning code, is for “certificates of appropriateness.” It reads:
"(A) No structure within the designated Hillsboro Historic Business District shall be constructed, or the exterior changed or altered, unless the owners of the structure or premises first secures a Certificate of Appropriateness from the Design Review Board.
"(B) All applications for certificates of appropriateness shall be submitted to the Safety-Service Director, on forms prescribed by the Safety-Service Director for this purpose.
"(C) Upon receipt of an application for a certificate of appropriateness as set forth herein, the Design Review Board shall meet and act upon the same within 30 days of its receipt. The Board will give the applicant notification of their meeting date. If the proposed change is determined to be appropriate, given environmental, architectural, historical, economic and community development considerations, then the Design Review Board shall issue a certificate of appropriateness.
"(D) Structures in the Hillsboro Historic Business District for which the primary use is residential are exempted from the requirements for a certificate of appropriateness. If a residence within the district is converted to a commercial use, and alterations are required to accommodate the business, then the provisions of this section shall apply and a certificate of appropriateness shall be required.”
• Finally, Wilkin asked that council consider Chapter 165 of the Code of Ordinances. The entire chapter deals with the “registration of vacant commercial and industrial buildings,” including: purpose; definitions; obligations of owners and persons in control; registration; registration fees; inspection; vacant building plan; vacant building maintenance standards; notice of violation; effecting compliance; appeals; interpretation of chapter; and penalty.
“Each one of these pieces of legislation need to be reviewed and either amended or repealed,” Wilkin said. “As the SSD, I will not selectively enforce laws within Hillsboro. All citizens must adhere to the laws and be accountable for them.”