City council vents frustration over ordinance abuses
Loopholes in ordinance enforcement procedure were sharply criticized by Holyoke City Council members during their July 17 meeting. The issues raised were left unresolved, with members agreeing to continue discussion as the recodification of city laws continues.
The argument concerned the City’s inability to punish those who repeatedly violate certain ordinances. City Attorney Al Wall said that putting in place a system to criminally prosecute scofflaws would involve budgeting for jail, public counsel and other considerations, which may be prohibitively expensive.
When someone violates an ordinance — by failing to mow their lawn, for example — they are contacted by a police officer, who may write them a ticket. Tickets are associated with fines — most first offenses cost $50-$100, then $100-$200. After the second ticket, or after 20 days with an outstanding fine, the violator is summoned to municipal court.
But if someone fails to appear in court, there is little the City can do to force them to comply with code or pay outstanding fines.
Certain violations can be prosecuted in more tangible ways. Traffic violations may result in points being added to one’s driver’s license. If a City crew cleans up a property with an outstanding junk ordinance violation, the cleanup cost can be assessed as a property lien.
In the case of other ordinance violations, the City can do little more than issue additional summonses, which may or may not be answered.
Council member Steve Moore questioned whether current restrictions on enforcement don’t undermine the idea of municipal law itself.
“I don’t think that’s right. If you show up and you get a ticket, you have to show up in court,” he said. “And if they don’t show up, there’s nothing we can do. So why have the ordinance?”
Holyoke Police Sgt. Mark Werts said that, while the vast majority of residents comply with tickets, he fears abuse could be on the rise.
“I foresee in the future that we’re going to have some real issues with people not showing up,” he said.
Moore and Werts brought up abuses that are already visible within the present system of enforcement, including properties that are chronically messy and dogs that have been found at large on multiple occasions.
One of the solutions proposed was issuing arrest warrants for those who fail to appear in court and setting their bond at the amount owed in fines.
Wall pointed out that this would still require the City to set aside funds for housing prisoners and hiring public counsel. While collecting fines civilly could be a solution, he added that civil collection may not be cost-effective.
Wall expressed his desire to meet with Police Chief Doug Bergstrom and hold a work session with the council before the end of the recodification process, which he tentatively set at Thanksgiving.
Library to extend working hours
Starting in August, the Heginbotham Library will be open from 9:30 a.m.-6 p.m. on weekdays and 9 a.m.-1 p.m. on Saturdays.
Library board member Susie Vasa also reported at last week’s meeting that the summer reading program encouraged 30 teens to read 96 books and 85 preteens to read 1,204 books.
Three bids were submitted for installing rock along the new sidewalk outside the library. Council members accepted an $800 bid from Quintana Repair and Remodeling. Other bids included $900 from Ethan Bennett and $1,400 from Matt Newman.
Since no bids were received for repainting the library, Vasa said library director Laura Roth will be reaching out to four local painters in the near future. The library identified Brackhan Electric as a potential candidate for their rewiring project, though no decisions on the project were made at Tuesday’s meeting.
Hunter education courses offered
Holyoke Recreation Director Victoria Timm told the council that District Wildlife Manager Kyle Gordon will be hosting Colorado Parks and Wildlife hunter education courses at the Highline Electric Association building Saturday and Sunday, Aug. 25-26.
Proof of hunter education is a required part of the Colorado hunting license application.
Timm also reported that 28 kids showed up for the summer golf clinics, and 23 participated in the July 16 tournament. The golf program raised about $1,500 overall.
Timm estimated that the June 23 Dandelion Dash 5K raised $250 for the UCHealth Medical Center of the Rockies’ Patient Transplant Fund.
The department will sponsor a booth at the Phillips County Fair and provide activities for kids at the Event Center, including pet rock painting and plate decorating.
The department is still seeking volunteers to coach flag football at the end of August. Timm said interested residents should reach out to her for more information.
Other reports
Reports were also given by City Superintendent Mark Brown and Sgt. Werts.
Brown informed the council that city crews had finished electrical service in the new pavilion at the Phillips County Fairgrounds as well as in the new Nutrien (formerly Crop Production Services) hangar at Holyoke Municipal Airport. Services have also begun at the Martin duplex development.
The fencing project at the sewer lagoons was also completed, and Brown announced the annual sealcoating of Holyoke’s streets was off to a good start, in spite of weather delays.
Werts reported that the police department, including code enforcement, handled or generated 277 calls for service from June 28-July 11. They made two arrests, wrote 16 citations and three reports, and gave out 44 warnings. Code enforcement handled eight animal complaints, one curfew violation, seven dogs at large and 19 ordinance violations.
Other business
In other business, at the July 17 meeting, the council:
— Voted to observe National Night Out on Tuesday, Aug. 7, to highlight public safety issues and recognize local law enforcement.
— Discussed plants obstructing visibility at the intersections of Campbell Avenue with Denver Street and Gordon Street, and lawn decorations blocking access to multiple fire hydrants, both of which issues Werts said his department would investigate.
— Decided to opt out of the Phillips County November coordinated election.
— Held a 23-minute executive session at the end of the meeting to determine positions relative to matters that may be subject to negotiations.
