Why Code Enforcement Matters

by Neil MacDonnell

Most people view code enforcement as a nuisance. We’ve all heard stories of people getting fined or even arrested because their grass was too tall, their weeds were out of control, or they had too much garbage in their yard. These stories always sound ridiculous when you hear them. Those are examples of code enforcement done improperly. But code enforcement done correctly is important for a city.

City building codes are important for many reasons. Some codes are strictly done for safety. For example, someone runs electricity to an outbuilding. Rather than put the line two feet deep in a protective conduit like building codes require, the do-it-yourself-er homeowner just buries the wires in a shallow trench with a couple of inches of dirt on top of them.

Years later, someone else attempts a project in the yard, and hits the unprotected wire with a shovel and is electrocuted. Making sure properties are up to code is important especially when a new resident moves in. Dangerous situations could be waiting for the unsuspecting new owner if the property has code violations that have not not been carefully evaluated and addressed.

Code violations can have a greater effect on the community if not actively managed by city officials. When people are looking for a new home, they look at existing neighborhoods and they are attracted to areas where they see activities going on that they would like to do.

If they are looking to have a nice home then they look for neighborhoods where the other homes look nice and are well maintained. If they want to keep livestock they look for areas where other people have livestock. They check the local codes and zoning ordinances to find neighborhoods that will allow them to have the things they want or that prohibit the types of things that they want to avoid. But what happens when the local codes and ordinances are not enforced?

Someone new moves into a nice neighborhood. They are unaware of zoning ordinances and engage in activity that violates those ordinances. Perhaps they don’t know about the ordinances or maybe they simply don’t care. If the city does nothing to enforce local codes then a new owner is clear to engage in activities that are code violations.

Soon we begin seeing campers with people living in them on the property. Collecting junk cars that don’t run. Multiple shipping containers and assorted junk laying about. Illegal outbuildings wherein no building permit was secured and no inspection ever took place. Pretty soon, the property looks like a third world country. Neighbors file complaints with the city but nothing happens because the City of Toquerville has no code enforcement program. Neighborhood feuds develop.

Eventually, one of the neighbors gets fed up and puts their house up for sale. Who do you think is going to buy a house next to a house that looks like a third world country? Someone that wants to have a nice, well-kept home? No. That house will be purchased by someone that wants to do the same thing as the problem neighbor. Now you have two problem properties.

This process can continue down the block unless the city intervenes. This is not just a theory. We have watched this scenario play out in our neighborhood over the past eight years. We eventually found ourselves surrounded by a junkyard and decided to sell. What will the new buyers do with our house? We shall see.

I have seen some sporadic code enforcement from the City of Toquerville from time to time. They have sent letters to minor offenders like a neighbor that had a chicken coop in the front yard. The coop wasn’t bothering anyone per se, but they were forced to tear it down and relocate it to the back yard.

In the meantime, major offenders like the Shangri-La Event Center have been allowed to operate for years without permits—blaring loud music well into the wee hours of the night without any action from the City of Toquerville. When residents have called city hall to complain, they are told to call the Sheriff.

When the planning commission was discussing a zoning change, one member said no one had ever complained about the event center. Perhaps this member wasn't aware of the residents that have repeatedly filed complaints about the loud music, but their complaints have been ignored. Rules must apply fairly to all. Good governance is uniform. It is not arbitrarily applied here and not there.

Toquerville is currently experiencing severe growing pains. As I and many others have said before, the City seems far too focused on new development and is not looking after the needs of the people already living here. The City has spent a lot of time recently revamping the rules for overnight rentals. But those rules only apply to the people that play by the rules. For those that don’t there are no consequences. It is time for us to demand more from our local officials.