HOW SAFE ARE WE?

We look to the Department of Community Development (which includes Code Enforcement) to protect our health, safety and welfare, but, is it up to the task?  Citizens and even members of the village council state the Code Enforcement Department is not fulfilling its responsibilities.

In an effort to look good the village has adopted the wording of the International Code Council and the Building Officials Code Administration in its ordinance.  The ordinance also includes the caveat that "When there are practical difficulties in carrying out provisions of the code, the Code Official shall have the right to vary or modify such provisions....provided that the spirit and intent of the law is observed and the public health, safety and welfare is assured."  The real problem is the caveat is abused and misused at the convenience of code enforcement officials for whatever reasons one can only speculate.

The mayor and council are all too ready to turn a blind eye on code enforcement infractions such as the following:

1. Code violations in the outside stairways at village hall and police department were presented to the council in a 20+ page report prepared by the superintendent of a major construction firm and a professional engineer.  The matter was brought before the Public Safety Committee for a hearing which heard testimony from code enforcement personnel.  The result was one stair with an 11 inch riser was mud jacked closer to specifications (about 6 inches) and the remaining violations were ignored.  The excuse for not doing more was that village hall might be moved in about 5 years so why spend the money.  What’s wrong with the present village hall?  We should be spending our money on storm water problems and fixing our pot-holed streets instead of building a new village hall to satisfy egos of the mayor and council.

2. Stairway railings at Georgian Court townhouses just west of the library received modifications after a citizen complained but are still not right.  Lower landings on some of those stairways are pitched too steeply  (more than the code allows)  and treacherous when coated with ice.

3. The Warren Avenue approach to Community Bank was a dangerous slope until a citizen fell and complained.  Steps were eventually installed but the handrail is not to code.  Code enforcement said it exercised its caveat discretion not to follow the code regarding the handrail.  What difficulty existed not to follow the code here?  This was a blatant display of power and disregard for public safety on the part of a code enforcement official!

4. Why is Acadia-On-The-Green allowed to build a wooden structure instead of using safer steel and concrete construction which would be much more fire proof and quieter for residents so they won’t have to listen to their neighbors?

5. Why are porta-potties at construction sites allowed to be placed on parkways and adjacent to sidewalks instead of further into the construction site?  The code requires porta-potties be placed not less than 5 feet from lot lines – which is often violated?

6. Why are snow plowing services allowed to deposit snow on sidewalks rendering them unusable, forcing pedestrians to walk in the roadway with traffic?

In an effort to determine the competency of code enforcement personnel a Freedom-of-Information Act request was submitted to village hall asking for only the qualifications of code enforcement personnel which bears on ability to perform their public duties.  Nothing more was requested than what would be found on anyone’s resume when applying for a job;  i.e., education, apprenticeships, trade schooling, successfully completed testings and work experience.  a village staff attorney denied this information citing Illinois State Statute 5ILCS 140/7 (1)(b)(ii)  which supposedly prohibits releasing this information because  "personnel files and personal information maintained with respect to employees, appointees and elected officials of any public body or applicants for those positions"  are exempt from inspection and copying under the Illinois Freedom-of-Information Act as releasing this information would constitute a clearly unwarranted invasion of personnel privacy.  However, included in part (b) of the statute is the statement "the disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy."  What do you think?  Would you go for medical help if the professional person didn’t display a diploma from the proper schooling for their practice?

Unless Village Hall has its own version of the English language employee information pertaining to performance of public duties should be public information as require by state statute.  What is Village Hall trying to hide?  Either, (a) it doesn’t have reasonable and necessary employee information on record, or, (b) it has been hiring people who are lacking some of the job qualifications.

A review of code enforcement position "Qualification Specifications" proved interesting because (a) some were almost what one would expect, (b) one was wordy, flamboyant and at times ludicrous and (c) another required an almost impossible multi-discipline knowledge in fields of structure, plumbing, electrical and mechanical systems a person would take a lifetime to acquire.

The fact that a request for information on a very important subject was stonewalled by Village Hall is not appreciated; this should be a matter of transparency.  While some in village hall may take exception to the above, the facts speak for themselves.  This is not intended to criticize the village’s relatively new management team because it appears they are making an effort at a creditable job.  This merely points out what a big job there is before management; they have to make up for previous years of village hall, mayoral and commissioner shortcomings.  Present management needs all the support and encouragement that can be given by the public, mayor and commissioners.

January 15, 2007 - Andrew J. Clark

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