Tuesday, October 19, 2010

Proposed Nuisance Ordinance Goes Too Far

We are not a covenant community and I don't favor transforming Los Alamos into a covenant community. The new nuisance ordinance would do just that. I support the existing provisions in our county code that prohibit the acculumation of rubish and refuse on residential property. Furthermore I support our existing regulations that declare as unlawful the accumulation of weeds or grasses that constitute a fire or safety hazard. These are exactly the kind of regulations that should be enforced for the benefit of the public.



The new draft nuisance ordinance broadly expands the number of regulations that the county would need to enforce. I don't feel it is prudent for us to adopt the International Property Maintenance Code because there are several provisions of this code that are far too restrictive. A significant number of homes in our community do not meet the international standard and as I see things we would need to significantly expand our county workforce in order to deal with all the violations that would arise under the new draft nuisance ordinance. We shouldn't go down this path.



I am not comfortable requiring our citizens to maintain 6 inch lawns or to insist that all RVs be parked on paved driveways. I can not support giving county employees the right to enter private property without the owner's consent to perform work on the property related to violations of the new ordinance. This provision alone has the potential to cause a great deal of conflict in our community and create unforseen problems. Furthermore I feel that a sentence of up to 90 days in jail for a third time offense is too severe.



These are all good reasons by themselves for us to reject the proposed new draft nuisance ordinance, but for me the most compelling reason is that I envision that this ordinance will not be applied equally to all. This far reaching ordinance will be enforced for some and not for others. Furthermore the ordinance allows for waivers to be granted. Some individuals will receive waivers and others will not. Good public policy should be applied uniformly to all without exceptions. I don't believe this will be the case with the new ordinance , and this will be another source of conflict and division in our community.



Our community is fortunate to accomodate a diverse set of lifestyle choices. I don't believe we should legislate the lifestyle choices of our citizens. I favor common sense nuisance regulations that promote fire prevention and public safety. The new draft nuisance ordinance is more about controlling lifestyle choices than fire prevention and public safety. The Council should reject this proposed new nuisance ordinance.