Code enforcement clog
Proposed legislation indicative of complex demographic changes
Recent efforts by Montgomery County's elected leaders to strengthen the laws that govern everything from where tow trucks can park to the fines issued for unkempt front lawns are commendable. But the nature of the complaints that prompted action suggests that the issues are far more complex than they seem, with clear undertones related to ethnicity.
Before delving into the subtext of the ongoing efforts to reform code enforcement, it's important to note that the current goals themselves are quite reasonable to reduce the number of commercial vehicles in residential neighborhoods, to limit the amount of time property owners have to complete construction on their homes and to streamline the resolution process, among others.
Some of the changes have already been implemented, including an increase to the fines for repeat violators and the expansion of an electronic reporting system. Others, such as prohibiting driveway parking for heavy commercial vehicles and the right to pave front lawns, are still being debated by the County Council. It's understandable that this discussion would take some time. After all, while many agree that having tow trucks driving along quiet residential streets is undesirable, those same folks are not necessarily keen on telling the owner of a boiler repair shop that he can't park his oversize rig in his own driveway.
Here's where it's time to talk about the elephant in the room. County Council member Mike Knapp points out that many of the code violation complaints originate in traditionally white neighborhoods that are changing demographically, such as Silver Spring, Aspen Hill and Burtonsville. An influx of Hispanic residents (the number of Hispanics increased by 40 percent in Montgomery County from 2000 to 2008, to 140,000, according to the U.S. Census), as well as immigrants from other countries, has brought with it different cultural interpretations of what's acceptable to do on private property. For example, is it OK to repair autos in your driveway? How about just a simple oil change? Is it less acceptable if the auto is sitting on cinder blocks for weeks at a time?
Violations related to vehicle repair are actually rare, with the county's Department of Permitting Services investigating just 41 cases in fiscal 2009. Far more common are cases of inoperable or untagged vehicles remaining idle on properties 1,035 such cases were investigated in fiscal 2009, up from 631 just four years prior. This suggests another problem with code enforcement reform even if the laws are made more stringent, the county will have to reduce its overall budget next year, which will rule out adding any officers to enforce new legislation.
These problems aren't new. Cultural differences related to the county's code have cropped up in the past, on everything from keeping chicken coops in Rockville backyards to where it's appropriate to cross the street (over the years, a number of pedestrian collisions occurred on Viers Mill Road and other streets before officials realized crosswalks don't exist in many other countries). County Executive Ike Leggett has demonstrated his understanding of this touchy subject by calling for the formation of a multicultural outreach program to prevent code violations. Also, one of the policy statements in a November 2008 work group report on reform was that county staff involved in code enforcement would undergo training to increase "cultural competencies" and develop "an awareness and sensitivity of how ... cultural barriers impact customer service."
There's no question that certain activities encourage eyesores, drive down property values and create safety hazards, and those results are intolerable in any culture. Now the council is left trying to determine if it can successfully finesse legislation that addresses deep-rooted concepts of what behavior is acceptable on the county's residential streets and on private property in public view. That will take time, as well as honest and sometimes painful conversations between elected leaders, longtime residents and newcomers.