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Home Social & Political Is Austin criminalizing home ownership?
Is Austin criminalizing home ownership? Print E-mail
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Written by Marc Levin   
Wednesday, 14 April 2010 08:48

Some Austin residents who have made improvements to their properties just got a jolting message from their city government: pay up or become criminals.

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According to the Austin American-Statesman, the City of Austin recently unleashed a torrent of code compliance letters threatening 76 homeowners in the working class Fairview neighborhood in South Austin with criminal prosecution for alleged violations of the voluminous City Code. A follow-up piece reports that residents, along with former state Senator Gonzalo Barrientos, are asking the mayor for relief.

Dozens of unsuspecting homeowners were warned of criminal prosecution if they do not come into compliance, including possible fines of $2,000 a day and disconnection of their utilities, which must be provided through the City-owned monopoly. If misdemeanor fines aren’t paid, arrest warrants can be issued.

Just what kind of mischief have these prospective political prisoners been up to? Dale Flatt, a 24-year city firefighter on medical leave, and his wife received a violation alleging that the City didn't have a permit on file for a garage conversion at their home. This update was made before Mr. Flatt’s deceased mother-in-law purchased the house in 1968. Nonetheless, the Flatts paid $123 for a building permit to come into compliance only to get another notice last month that their carport was too close to the street.

Another area resident, Margaret Raupe, got a violation notice concerning the conversion of her garage into a living room, which was done some 23 years ago before she bought the home. Now, the City is requiring that they obtain a permit (cost: up to $700) or face criminal prosecution.

Whatever happened to the statute of limitations? If no one was bothered for two decades by whatever improvement was made to the property, why is the City taking these homeowners to the woodshed today? And to make matters worse, the City office that these residents must deal with is only open three hours a day.

This assault on the property rights of area homeowners evidently stemmed from one anonymous complaint. Because the code enforcement process is complaint-driven, one person who may harbor a personal disagreement with a neighbor can literally hold an entire neighborhood hostage to the endless and almost indecipherable alphabet soup of city regulations.

Does this represent a lack of respect for private property rights, the growth of criminal law beyond its traditional scope, a stimulus package for lawyers, an abandonment of common sense – or all of the above?

We invite all of you to get a discussion going.  Please submit your comments at the end of this article, Thanks.


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...
written by Kirby McDaniel, April 22, 2010
If anyone wants to file a class action lawsuit against the City of Austin, have at it. It's a free country. Despite what you
tea party types think. The City of Austin has ordinances which are put in place with the assent of the citizens of Austin through
their elected representatives for a good reason. Lame assertions about "out of control" government is just silly. I wonder how the other respondent to this silly story would like for someone to build an unpermitted monstrosity next to their home. That's what permitting prevents.

Oh, about that lawsuit. You may get old(er) waiting for a win for the plaintiffs on this issue.
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...
written by Terry Easter Flag-Man, April 15, 2010
Want to stop them? Get everyone together and file a class action lawsuit against the city.
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...
written by Kevin Ormsby, April 15, 2010
This is typical of a government that is out of touch with reality and continues to steal money from the citizens to fund their out of control growth and theft of individual property rights. The property tax laws in Texas allow the government to increase taxes annually 10% and they play dirty credit card company tricks automatically raising owners taxes every year hoping that nobody will notice or protest. It is dispicable how dishonest and theiving our own political "servants" are becoming!
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Out of control Govt.
written by Ralph Janisch, April 15, 2010
Just another case of government that is out of control. Sounds like some politicians need to voted out and replaced by folks with some common sense. Just my opinion and I don't live in Austin. Politicians today forget that they are here to serve and not to harass.
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EXAGGERATION
written by Kirby McDaniel, April 15, 2010
I would hardly call 76 letters "a torrent." Stop the purple prose. The City of Austin has building codes for a reason. The reasons
are good ones. I would not attempt to add to my property without getting the proper permits. The city is not going to penalize
people who bought houses where unpermitted additions were made in 1968, but they may try to get corrected data on unpermitted sites. It is a criminal offense to ignore a legitimate letter from any government agency.

A well known Austin restaurant added a deck to their restaurant without the proper permits and ignoring the city's order for them to stop construction. The city shut them down until they complied. As well they should.

Suggesting that the city is sending these letters as a boon to lawyers is sophomoric.

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