In response to my intemperate use of the word “bureaucrat” in yesterday’s post on the city of Miami Shores’ crackdown on a front yard vegetable garden, a Root Simple reader DRBREW responded:
I hate to do this, but in defense of City bureaucrats (of which, I am one) and code enforcement people (of which I am not)…… Most of those citations are complaint driven, it is the code enforcement person’s job to uphold the City Code (they don’t have to be such a jerk about it though), if they don’t do their job, the person that complained will just go higher in the government structure until they get satisfaction (these people that file complaints are usually victims of someone else that complained and now they want everyone to suffer, it’s a vicious cycle). Most code enforcement people are not actively seeking out violations to write citations on, that’s why she was able to grow her veggies for 17 years without a problem, once the complaint is filed it must be addressed (even as a City bureaucrat, I have been a victim of anonymous complaints on my own property about trees, shrubs, you name it…….). I say this: Change the outdated codes that were enacted as a response to someone’s suburban utopian nightmare of manicured lawns and gumdrop shrubs! This is probably what will come of the Florida case. My City recently tried to legalize backyard chickens, someone started an anti-chicken campaign and the City Council lost it’s nerve and voted the amendment down………….Sometimes you just can’t win……..
DRBREW makes a good point. The City of Los Angeles just started a comprehensive review of the city municipal codes to deal with years of contradictory and outdated rules. It’s a process that will take years. Both Napoleon and the Roman emperor Justinian inherited law books so bloated that they used their dictatorial powers to sweep them away and start fresh. We can’t do that in a democracy.
I owe and apology to the many civil servants who, DRBREW points out, have to enforce contradictory and nonsensical codes. A few years ago I was part of a group that helped change the code in LA that made it illegal to grow and resell fruit, flowers or nuts in a residential zone. It was legal, for some reason, to grow and sell vegetables. City staff were very helpful in changing the code. They knew it didn’t make sense and were just as eager to change it as we were.
As DRBREW points out, these ridiculous laws tend not to be enforced at all until a feud begins between neighbors. To prevent these situation we can all help create more cohesive communities. It can be as simple as throwing a party. Our neighbors used a new social networking website called Nextdoor to organize a neighborhood party. I realized at that party just how important it is to get neighbors to chat over food and beer. If we’re all friends, we’re less likely to start calling city inspectors on each other and more likely to resolve disputes face to face.
Another step would be to create city codes that work as guidelines, something like Christopher Alexander’s Pattern Language, rather than proscriptions. Take parkway planting regulations, for instance. Put together a group of landscape architects, gardening enthusiasts, native plant experts and come up with a guidebook rather than a list of rules. Ultimately, a human being is going to have to make a judgement call on whether something is a nuisance.
My error with yesterday’s blog post was pointing a finger, rather than seeing our communities as as system. That, and blogging while quaffing a beer–how ironic that “DRBREW” would point out my error.