City codes not a simple matter to wade through

Eleanor Egan

Mike Berry rightly wrote that effective code enforcement should be

given very high priority by the City of Costa Mesa (“Costa Mesa needs

to be consistent in its laws,” Friday).

There is a huge need and a lot of resistance. However, the

resistance generally does not emanate from the City Council, as Berry

supposes but, rather, from segments of the public.

If you look at the facts underlying the examples given in Berry’s

letter, they do not indicate any reluctance on the part of the City

Council to enforce existing laws.

The gang ordinance does nothing more than to give landlords

grounds for evicting a tenant who participates in a gang crime on the

rented premises. It doesn’t require anyone to do anything; so there

is nothing to enforce. Under state law, active participation in a

criminal street gang can be a factor in sentencing someone after

conviction of a crime. There is nothing in that law for the city to

enforce.

The ordinances prohibiting “vagrancy, solicitation, loitering and

contractors approaching day laborers” have been repealed or rewritten

because the courts have held that such laws violate constitutional

rights, not because the council doesn’t want to act.

The city’s recently adopted RV parking ordinance is more

restrictive than the general 72-hour parking limitation, not less

restrictive. A police permit is now required to extend RV parking

time from 48 hours to the maximum of 72 hours. There is no provision

to extend the time beyond 72 hours.

Years ago, Costa Mesa used to impound abandoned shopping carts and

hold them until their owners reimbursed the city for the cost of the

retrieval. So did many other cities. The chain stores lobbied the

California Legislature and got a law passed that prohibits cities

from charging the owners of shopping carts for the cost of retrieving

them.

Now cities have the option of either having the taxpayers fund a

free cart retrieval service for the chain stores, or not retrieving

the carts.

(I won’t comment on expansion of the Orange Coast College swap

meet, since it is currently pending before the City Council and, if

approved, is scheduled to be reviewed by the Planning Commission

after six months.)

So, you see, things are not quite so simple once you look at the

facts. None of these problems are uniquely Costa Mesa’s. Most cities

across America are struggling with them. We need to adopt and adapt

the best of what other cities are doing while seeking our own

solutions. We need to press for regional or statewide solutions to

problems such as mentally ill persons living on the street without

treatment or supervision. I do believe Costa Mesa’s problems can be

solved, but it is up to each of us to educate ourselves and

contribute to creating solutions. Elected officials can’t do it

alone. They need the support and help of an informed and involved

public. They need you.

* ELEANOR EGAN is a Costa Mesa planning commissioner.