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Code enforcement officers patrolling Escanaba

R. R. Branstrom | Daily Press Rather than allowing grass to get to the ten-inch height technically permitted by ordinance, City of Escanaba Code Enforcement Officer Erik Bessonen suggests people look to the tidy lawns of compliant neighbors for an indication of proper care.

SCANABA — Code Enforcement Officer Erik Bessonen has been patrolling the City of Escanaba since May, making efforts to ensure that residences are kept in compliance with the city’s Property Maintenance Codes. Things like unused vehicles rusting in backyards, accumulation of rubbish and too-long grass may all be grounds for a citation — but Bessonen said there’s always at least a warning first, and he tries to work with homeowners to set a reasonable timeframe for rectifying any issues before actually writing a ticket.

Escanaba’s current Property Maintenance Code was implemented in 1996, and several changes — albethey minor — were adopted at multiple points during the 2000s. Enforcement of the code used to lie with the zoning department in city hall, but a few years ago, the responsible offices relocated to the public safety building, which City Manager James McNeil said has proven more productive.

Though they work with Detective Sergeant Tabitha Turnacliff and use the same software that the public safety department does, the two code enforcement officers — Bessonen and Jude VanDamme — are not public safety officers.

“I’m really focusing on exterior property, be it grounds and old vehicles and stuff like that in yards, and then Jude is handling more of the rentals and also commercial fire compliance,” Bessonen explained.

Citizens may have heard from VanDamme or Bessonen or both by this point, but it’s specifically contact from the latter regarding lawn maintenance that has drawn notice lately. Some complaints arose from residents who felt embarrassed or upset that they’d been asked to cut their grass.

“I guess you can’t participate in No Mow May in Escanaba,” said Carrie Townsend.

The initiative to which she refers is one that discourages hyper-manicured and chemically-treated lawns, particularly in the springtime, in order to promote habitats for pollinators and other small wildlife.

While the City of Escanaba may not have officially embraced No Mow May as such, the property maintenance code actually appears to allow for it. In the section addressing weeds, the ordinance reads:

“Between June 1 and October 30 of each year, all platted and/or developed premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches.”

It goes on to say that trees, shrubs, cultivated flowers and gardens are not limited to the ten-inch rule — instead, it’s meant to apply to grasses and untended lawn vegetation. No alternate regulations for the off-season are given, which seems to imply that between Oct. 31 and May 31, the rules don’t apply.

But with a wet and early spring, growth took off early, and Bessonen suggested that people look to those who are maintaining their yards consistently and follow their example.

“Observing the ‘unwritten’ compliance of your neighbors is a good indicator of when a lawn needs to be mowed or other exterior property maintenance is needed,” he said.

The other major things Bessonen looks out for are junk vehicles and accumulation of rubbish. Inoperable vehicles — abandoned, lacking vital components, unsafe for operation, or without current registration — must be kept “within an enclosed building or structure,” as per the code. Bessonen noted that there are a number of storage facilities available in the area if people don’t have room on their own property, plus recycling and salvage options for getting rid of things they truly don’t need.

“I’m really just trying to provide this as a source to people,” he said. “Again, just trying to be as much of an aid to people — you know, not to be an adversary, but also be an aid on how to correct some issues within the community.”

He said the number of actual fines and citations that end up resulting from warning notices is rather low. Ultimately, the penalty can potentially be between $50 and $500.

“That is worst case situation,” said Bessonen. “Seldom do we issue a fine unless somebody is blatantly ignoring the system, not in compliance — then we do have a monetary penalty to enforce.”

But the first few steps are simply communicative, first to understand what the situation is, and then giving a deadline for rectifying a problem. If people can’t be contacted easily or don’t answer the door, notice will be given in writing, which could be by certified mail or posted on the door.

“But then, if we write a civil infraction citation, that goes to the court for them to administer the collection of it. …But again, 99% of our people comply within reasonable timing. You don’t get to that level very often.”

Also rare is for the city to abate a nuisance issue — meaning going in and correcting the problem — which can only happen if a property owner, operator or tenant has already received two notices and failed to heed them. If such a case occurs, the party responsible for the property then also becomes responsible for an amount equal to the cost of the work plus an additional 25%, which is filed as a lien with the Delta County Treasurer’s Office.

 

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