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Too many new ordinances? Candidates weigh in

County Commission candidates call some new ordinances intrusive. Current officials say voters, who initiated the changes anyway, aren't complaining.

County Commission candidates this political season have repeatedly bashed the current board for supporting ordinances that allegedly violate private property rights.

These mostly Republican contenders have in the process made so-called "intrusive" ordinances and over-regulation a key election issue, along with careless stewardship of taxpayer money.

Some of the most extreme - many of whom lost in the primaries - went so far as to liken commissioners to fascist dictators. County officials have shot back, mostly in private, saying their critics are dullards who can't see progress when it's staring them in the face.

While the rhetoric may be inflated at times, behind the name-calling are significant concerns and questions: When does the common welfare trump individual rights? Are certain ordinances right for one area of the county but wrong for another?

Since 2000, the commission has approved 111 ordinances. Of those, 39 have been readoptions or amendments to existing laws. Of the remaining 72, about half created special enterprise zones or revenue districts that, among other things, pay for paving of limerock roads.

Such districts are created at the request of the people who are taxed.

Those who argue that the county over-regulates direct their criticism largely at three ordinances passed since 2000: the Brazilian pepper plant ordinance, the so-called shed ordinance and the inoperable vehicle ordinance.

Adopted in March 2001, the Brazilian pepper ordinance was created to combat the nuisance species that strangles native plants. Prior to adoption, there were no laws in Hernando concerning Brazilian pepper plants. The law allows county employees to remove the plant from people's property if they fail to heed warnings and do the job themselves. Property owners are then assessed for the costs, and liens can be placed on their property if they do not pay.

What's often called the shed ordinance was an amendment to county zoning laws made in May 2001. It added a size limit of 400 square feet for accessory structures. Before, the law only had a location requirement. Also added were construction specifications for sheds of more than 200 square feet. For example, they must now be built on permanent foundations.

The shed ordinance applies only in residential areas, not agricultural or mixed agricultural/residential zones.

In May 2003, the county adopted its inoperable vehicle ordinance. Before that, ridding streets of junk cars had been an enforcement nightmare because the standard for determining operability was whether a car would start.

The standard in the new law is a legal one, not a mechanical one. If a car is not registered and tagged - and is visible from county right of way - it is considered inoperable. And if the owner doesn't get rid of it after being cited, the county can have the car towed away. There are also provisions for fines in the ordinance.

An amendment to the sign ordinance approved in August 2003, while sometimes cited by those concerned with intrusive government, in fact loosened the original 1997 law. Now, those who want to advertise a yard sale may place signs directing people to the event on private property, not just at the site of the sale.

Of course, they need the permission of property owners to do so.

According to assistant county attorney Kent Weissinger, such ordinances must meet federal and state constitutional standards.

The community's need for an ordinance in terms of its health, safety and welfare must outweigh possible property rights infringement, Weissinger said. Due process must also be followed. Property owners must be given the opportunity to rid yards of Brazilian pepper plants before the county comes in and does the job, for instance.

"Each one of these ordinances gets close scrutiny to make sure they meet the constitutional standard," Weissinger said.

County Commission Chairwoman Nancy Robinson said the ordinances in question were all created because of resident demands and with public input. They are meant to serve the good of the greatest number, she said, and to do so in the least burdensome way.

"The board has taken a moderate approach," Robinson said. "The ordinances are middle of the road and fair to everybody."

While commission candidates this year have stressed the importance of "intrusive" ordinances as a campaign issue, that does not necessarily mean there is great concern about them among voters.

Robinson said the truth is that most residents are comfortable with the actions the county has taken, and that she simply does not get complaints about the ordinances from residents.

"She's wrong," county Republican Executive Committee chairwoman Ana Trinque said of Robinson. "And of course we will all find out on Nov. 2."

Trinque said worry about intrusive government is one of the chief reasons the Republican primary field this year boasted so many candidates.

"That ordinance book is big and fat and thick now, too thick," she said. "It's outrageous."

In addition to the number of laws passed, Trinque said, she and others believe the laws are not sensitive enough to Hernando's regional diversity. For example, people in Spring Hill might not want old cars on streets, but in the eastern part of the county the bulk of folks might care less, she said.

John Bloom is president of United Communities of Hernando County, an organization that includes 22 homeowner and civic associations throughout the county. He also serves on the county's Citizens Ordinance Advisory Team.

Group members, representing different areas of Hernando, meet monthly to review ordinances under development. They do not originate laws, but weigh in on the merits of a given ordinance as it is crafted. They are aided by a code enforcement representative and a member of the county's legal department.

Because of his role, Bloom declined to discuss his views on particular ordinances, but said the advisory team meetings are full of give-and-take discussions that weigh the benefits to the community of a given ordinance against how it might have an impact on individual rights.

Despite how intense advisory team discussions may become, Bloom said he doubts seriously that most voters worry whether ordinances are trampling their freedoms, regardless of what some candidates contend.

"People are focused on growth, really," Bloom said.

In what follows, County Commission candidates offer their views on the issue:

Democratic candidate Bill Fagan said he backs the Brazilian pepper plant ordinance. The shed and inoperable vehicle ordinances make sense for Spring Hill, but not for eastern areas of Hernando. If elected, Fagan said he would seek to revise those ordinances to suit rural areas.

Fagan's Republican opponent, Jeff Stabins, said he had not heard the outcry over property rights infringement.

However, Stabins said some of the ordinances may have unforeseen consequences and that he would be willing to review them if elected. That job should fall to the citizens advisory team, Stabins said, which should be given a greater voice in ordinance development.

"That could be a really valuable tool of the board," Stabins said, "if they would empower (the team)."

Republican candidate Mark Cattell has been a critic of over-regulation and also argues for the citizens team to play an enhanced role.

Too often, Cattell argues, the commission caves to a vocal minority and goes about creating an ordinance with little thought to consequences. And by cribbing from ordinances in place elsewhere, Cattell contends, what's right for Hernando County is not given enough attention.

Democrat and sitting Commissioner Diane Rowden supported all three ordinances. She maintains that most residents support the laws and that those who do not have been led astray by a small group of critics.

"This is a good example of people who are irresponsible," Rowden said. "They are giving out a lot of misinformation."

Steven Ashmore, who is running in the district without party affiliation, backs the Brazilian pepper ordinance but argues that the shed and inoperable vehicle ordinances are not a good fit for rural areas.

He takes issue with those who say voters do not care. Just go to outlying areas of the county, he said.

"It's not something where people are grasping at straws," Ashmore said. "These are issues that definitely are very real."

Democratic contender Chris Kingsley, who served on the commission from 1998 until 2002, did not support the shed ordinance and said communities should be left alone to enforce their own standards. With some misgivings, he supported the Brazilian pepper ordinance and was not on the board when the inoperable vehicle ordinance was passed.

If elected, Kingsley said he would not seek an ordinance review. Voters have more important things on their minds, Kingsley said, such as flooded homes.

Republican Janey Baldwin wants to revisit the entire ordinance book. Many ordinances, including the one regarding Brazilian pepper, are largely unenforceable, Baldwin argues. And those such as the inoperable vehicle and shed ordinances should be revised according to acreage: the more land, the looser the restrictions.

Richard A. Power is a write-in candidate in the district who argues that the county too often infringes on personal liberty. He calls for a review of ordinances and argues they should be tweaked to suit different areas of the county.

Also, Power suggested that new ordinances have test runs.

"Perhaps laws should have probationary periods to see how they work," he said, "rather than just say they are law."

Will Van Sant can be reached at 352 754-6127 or vansant@sptimes.com

EDITOR'S NOTE: This is the second in a series of three stories on issues in the Nov. 2 Hernando County Commission races. Today's story focuses on county ordinances and property rights. The final story, about county spending, will appear on Oct. 31.