Official Newspaper of Eddy County since 1883
Official Newspaper of Eddy County since 1883
New Rockford city leaders want to crack down on property owners who fail to apply for building permits before beginning construction projects, and it could cost an additional $100 fee or other legal action. Public Works Superintendent Bruce Hirchert told commissioners on Monday, July 2, that he had driven around and seen three construction projects underway, all without building permits, in one day.
Hirchert added that contractors aren’t verifying that property owners have permits before starting work either. The last time the city wrote a letter reminding contractors to request documentation on building permits was in 2010. Commissioners concluded that continuous education, and a penalty with a little teeth, was key to enforcing the policy.
City Auditor George Ritzke was instructed to update the letter written in 2010 and send it as a reminder to contractors. They also directed City Attorney Travis Peterson to review the ordinance to see what recourse the city has if a property owner fails to obtain a building permit.
As per Chapter 6-02-03, “The building permit fee for any person who completes his or her building project prior to obtaining a building permit shall be increased by $100.” (Emphasis added by the Transcript.) Since the commission desires to have permits approved before projects start, Peterson suggested a revision to 6-02-03 that changes the word “completes” to “commences,” in order that the city can financially penalize property owners who do not apply for building permits prior to starting construction, as per requirements.
The building chapter also references other recourse for the city, which is provided in Chapter 2, if a property owner refuses to obtain a building permit. The ordinance states, “In case no other specific penalty is prescribed for the violation of any section or provision of any Ordinance of the City of New Rockford, any person found guilty of violating the same shall be punished by a fine of not less than One Dollar ($1.00) nor more than Five Hundred and no/100 Dollars ($500.00) or by imprisonment not to exceed thirty (30) days.” Peterson will also make some revisions in regards to the penalty reference and present a revised ordinance to the commission for a first reading at the August meeting.
Another proposed revision to the ordinances was also discussed, and it wasn’t the first time it has been the focus of discussion. Chapter 14 Zoning and Planning references a zoning committee or commission several times, and the chapter also assigns certain responsibilities to said committee. Peterson requested that the city once again consider changing the language so that either the commission can act as the zoning committee or actually appoint representatives to sit on the committee and make recommendations to the commission as the ordinances direct.
The topic was addressed as part of Ryan Hager’s request to purchase some land at the corner of 13th Street and First Avenue North. One of the city-owned lots is zoned residential, and the other is zoned commercial. The commission approved the sale to Hager at $5 per frontal foot calculated off the 13th Street side, the going rate. Hager, who was sworn in as a city commissioner on June 26, abstained from the vote.
However, in regards to Hager’s secondary request to change the amend the zoning of the residential lot to commercial, the city cannot make any decision until the zoning committee either makes a recommendation on the changes or fails to take action in 90 days. Peterson will submit proposed revisions to Chapter 14 as well at the August meeting.
Hirchert also reported on activity with the U.S. Hwy. 281 frontage road construction project slated for 2019. He said that Dave Wood of Apex Engineering indicated that the proposed cost had decreased as they worked through the design stage. Hirchert requested that the commission consider installing curbs on both sides of the east frontage road, as the current plan calls for curbs on only the street side. Commissioners passed a motion to add curbs on the ditch, or highway side, at a cost not to exceed $15,000.
A local tree removal contractor has requested access to the landfill after hours, as he only does the work on evenings and weekends. Commissioners agreed to allow tree contractors to have landfill access via key upon certification and that they are only to dump trees during a trial period of 60 days. The commission will address the issue again at the September meeting.
The commission also heard from Marlin Weisenburger, who has requested that a storm drain and catch basins be installed on 3rd Street Northeast, a gravel street. Weisenburger said that water is flowing unnaturally over the street, washing it out. He asked that commissioners find a solution that is more cost effective than paving, which has been shot down twice by property owners due to cost. The street also needs crowning, which will help address some of the water issues. Commissioner Stuart Richter was assigned to work with Weisenburger on a solution and present it to the commission as soon as possible.
The next regular meeting will be held August 6 at 7 p.m.
