** Updated Tuesday, 4/5/2005 **

Property Rights - The 9 1/2' Rule

In the aftermath of citizen reaction to the parking ordinances and the loss of two Council seats to challengers, the City Council and the Planning and Zoning Board (P&Z) decided to repeal the most abusive of the ordinances.  However, they decided, in the process, to lay claim to 9 1/2 feet of your front yard. 

Despite vocal opposition from numerous residents and no citizens favoring the measure, P&Z and the incumbents on the Council voted to take ownership and control of the property located from the street curb to an imaginary line 9 1/2 feet inside your yard.   The reason?  Safety.  They decided that your safety would be enhanced if they controlled your property.   There was absolutely no evidence presented to support their claimed benefit of safety.   Despite this and the fact that our city has existed quite well for over 53 years without it, this "safety measure" was implemented on your behalf and you lost control of a significant portion of your property. 

Were you even aware that it happened?  What you don't know can hurt you.

Update - Tim Welch Corrected

Tim Welch, my opponent and the incumbent in this year's Council race, recently characterized the 9 1/2' rule as a "misconception" that resulted from the RV ordinances.  He attempts to establish the "truth" of the matter by stating that this area is dedicated as "right-of-way" and has always been the city's property.  I acknowledge that the right-of-way dedication exists for many properties in the city.  However, that's not the whole story nor is it the issue.  Tim  succeeds in providing a correct technical evaluation of the matter but fails on the practical application. 

The dedication gives the city the right to expand the street, add sidewalks or run utility lines if or when the need arises.  I've lived in NRH for 15 years and I've never seen a residential street widening unless it was a major thoroughfare.  The city doesn't always keep pace with the basic repairs our streets require much less go about making wholesale improvements like those covered by the ROW dedication. 

Historically, the city has been content to leave the dedicated property in your care and for your use until one of these needs becomes a reality.  This changed with the new ordinance.  The city has now placed unnecessary restrictions on your use of the property even when no city improvements are on the horizon.  The city expects you to maintain the property as if it were yours but they restrict your use of it based on their claimed ownership.  If you doubt this, just stop mowing the first
9 1/2' of your yard and see how long it takes to receive a "sociable" warning letter or citation from code enforcement (per the city's "Strategic Plan 2010"). 

The original draft of the ordinance was ridiculously severe in the restrictions it placed on homeowners.  Had it passed without amendment, and it would have if it were not for the tireless efforts and very large showing of opposition by members of NRHCG, it would have precluded a very large number of residents from legally parking even one car in their own driveway.  The Council and P&Z were simply determined to pass a bad ordinance without knowing its effects on residents.  While the final draft was less severe, it was still unnecessary and was not enacted for the stated purpose of safety.  The explicitly stated purpose of the parking ordinances was to do away with what the Council considered to be "eyesores".  Safety was never a "concern" until the Council met widespread opposition and needed a way to justify their actions.  The safety issue was contrived after the fact.

This is simply poor leadership.  When your public officials are blind to the consequences of their actions and unconcerned about your welfare, you lose.  If this ordinance was of no concern to you, the next one may be.  You can wait passively and see if your number comes up or you can be proactive and choose new leaders that care about your rights and who will protect them.  It's your choice.

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