Code enforcement called a nuisance

The first complaint of the day to Fountain’s code enforcement department is from someone unhappy with the length of a neighbor’s weeds.

“They’re trying to sell a home,” code supervisor Juan Flores said Thursday after jotting down the details and sending an officer to investigate.

It’s also the only complaint left overnight on his voice mail, meaning Flores will have plenty of time to take care of it and then hit the street in search of other violations of the city’s nuisance code.

The approach — dubbed proactive because it involves more than responding to complaints — has come under fire by some residents who say it’s invasive and overly aggressive.

“They’re going out actively looking for problems. I don’t think that’s right,” said Norm Chapin, who was cited several months ago for car parts and weeds that he said a code officer spotted by peering through gaps in his fence.

“He called it proactive code enforcement,” Chapin said. “I called it invasion of privacy.”

To others, it’s a legitimate approach that bolsters Fountain’s image and keeps property values aloft.

“I’m OK with the proactive approach,” said Julie Spears.

When she was cited for leaving her motor home parked on the street, “I had no issue with that,” she said. “It’s my own laziness that I didn’t get it out of there.”

The City Council recently agreed to form a citizens task force to examine the city’s code and how it’s applied.

Different cities use different approaches, said Rich Kopp, president of the Colorado Association of Code Enforcement Officials.

“My sense is that more communities would be proactive if they had that opportunity, but they don’t have the luxury of being proactive,” he said.

Colorado Springs has a complaint-driven system, mostly because it doesn’t have the staff to do much more, code administrator Ken Lewis said. While Fountain places a priority on responding to complaints, most violation notices don’t originate with a complaint, as they tended to seven years ago.

In 2000, 60 percent of the 1,462 violation notices stemmed from complaints. Complaints accounted for about 17 percent of the 2,865 violation notices written last year.

“Citizens don’t feel the need to call — they feel officers will catch the problem,” Flores said.

Under his leadership, the department was recognized last year by a code enforcement organization as “department of the year” for its community-minded and proactive stance.

It’s that same stance that some call inappropriate.

“If there’s not a complaint, there’s not a problem. If I don’t have a problem with my neighbors, why does he?” asked Rick Hearn, chairman of the planning commission.

He said the commission recommended the task force’s creation after fielding complaints from residents, including Chapin, who said he intends to volunteer for the task force.

Hearn said he suspects the city uses code enforcement to produce revenue.

Revenue from code violations accounts for less than $10,000 a year, city finance director Kathy Kuberka said. By comparison, she said traffic fines brought in $269,000 last year.

Residents are given the chance to correct a violation without a fine, and most do so, Flores said. He said officers try to work with people instead of sending them directly to court.

If the resident has extenuating circumstances like a death in the family or a deployed soldier, he said they try to connect them with a volunteer group to help out.

To economic development director Lisa Cochrun, it’s critical that code enforcement remain stringent to attract businesses.

“Seeing is believing. When I drive (business owners) through town, they look around,” she said. “If property owners don’t care enough about their property to present their best foot forward, it affects the image of the entire community.”

CONTACT THE WRITER: 636-0285 or deedee.correll@gazette.com