Originally published on Page 1 of the weekly Coast Lake News, Wednesday July 14, 2010.
Part 1 of three parts – Part 2, Part 3

Schilling & Council Unanimously Vote to Violate Lakeside Residents’ Rights
Ordinance allows city officials or designees to enter private property at will to search for code violations without a prior complaint. Fines are more than tripled to $750 per violation per day.

Recently several Lakeside residents have said publicly that they felt targeted by City officials. Mayor Pro Tem Rod Schilling
has said there was no targeting and any such belief on the part of citizens was simply “ a matter of perception” or “coincidence”. At the July 8 meeting, ( Rudy Sherych was absent) Schilling and City Councilors Chrysta Swift, Marjorie Kellison, Elaine Armstrong, Mack Eubanks and Clark Anderson voted unanimously for an ordinance that codifies their right to do just that –target individuals at whim.

The new Civil Violations and Enforcement Ordinance 10-269 subsection1.16.111, under the heading of “Right to Entry”
states

“Any designated enforcement official or designee is authorized to enter upon any property or premises to ascertain whether the provisions of the municipal code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the procedures provided for in Sections (blank space) of this code. The enforcement official will take reasonable steps to notify the property owner or legal occupant of the need to enter upon the property. If the enforcement official determines in his or her discretion that entry is necessary without notification or that notification is not practical, then the owner or legal occupant shall be notified as soon as reasonably possible after the inspection.”

The ordinance is scheduled to become effective on August 8, thirty days after its passage in July, a month usually associated with the celebration of independence and freedom from tyranny.

Part 2 coming up