July 03, 2008

Pattern of malfeasance.

Tom,

This is exactly the kind of letter the Mayor's office needs to see. I have complained to CEO's process (or lack thereof) to no avail. I have had written signed complaints go unanswered and unresponded to and CEO seems to treat these with total disregard for the ordinances on the books. If you get Joe and the Mayor's attention and get a meeting I will be glad to participate to show this is not just a Strathmore issue. The CEO complaint process is ludicrous. [Name removed]

In a message dated 6/30/2008 3:12:55 P.M. Eastern Daylight Time, tpapp@comcast.net writes:

Dear Joe;

I am president of the Strathmore Homeowners Association and I have been trying to get a written response from the Code Enforcement Office as to the case #'s and status on two complaints I submitted in person in April 2008 and previously via email.

I would also like to know exactly what the protocol is for appealing an action (or inaction) of the CE office. Who do citizens go to if they are not satisfied? I tried the public works commission (per section 8-8), but Steve Goodkind does not think it's something the PW commission handles. Steve told me that CE reports to Zoning, but Zoning tells me that CE is a direct report to the Mayor. Can you provide clarification in this area?

The essentials of my complaints are condensed as follows.

1) Clearcutting trees without a Z permit
Upstream abutting property lessee (Keystone Development Corp) clear cut approximately 5 acres of land (known as 0 Starr Farm Rd, Flynn Estate South 40, etc.) w/o a Z permit in summer 2006. I am aware that this case is being adjudicated. However, as the E-court ruling currently stands, the trees were cut without a permit and that was determined to be illegal. Where is the notice of violation, the fines, the restoration requirement?

Regardless of the adjudication, I believe protocol entitles me to a WRITTEN RESPONSE from the Code Enforcement Office as to the case # and status of my complaint, the CE decision if one was made, and the reasons for it. I am still awaiting a satisfactory response to my status request.

2) Illegal Dumping
Despite numerous emails and phone calls from Strathmore, DPW and the City Attorney, Keystone failed to erect any effective erosion control devices after they stripped their land of vegetation in October 2006, causing over 500 cuyd of sediment to be dumped into Strathmore's retention ponds and producing illegal discharges thru Strathmore into Lake Champlain. This abnormal sedimentation qualifies as illegal dumping under section 14-6 of the muni codes. Furthermore, the irresponsible action of Keystone caused physical damage to Strathmore's stormwater system that Strathmore had to pay over $16,000 to be cleaned up - ironically, to comply with Stormwater regs. Just because we have retention ponds does not mean that upstream neighbors can be stupid or irresponsible about their use of their land. Where is the protection of our property rights under the law? According to the Zoning website, the City has an obligation to protect the property of its taxpayers.

Still awaiting a written response on this one as well.

Sincerely,

Tom Papp, President
Strathmore Homeowners Association