How much of a fine is too much fine?

By Andrew Walsh
awalsh@wbcowqel.com

An ordinance brought before Galion City Council requiring smoke and carbon monoxide detectors in rental properties generated a lot of discussion Tuesday. Not over whether or not the safety devices should be required in non-owner occupied structures, but over whether the fine of $500 per day for noncompliance was too stiff.

As the ordinance is currently written, that penalty is $500 per day “After due notice.”

Mike Bear, a resident of Harding Way West, was the first to voice concerns and did so before the ordinance was even on the table, in the public comment portion. His concern centered on the $500 per day, which in his words could compound to “astronomical” levels.

When the ordinance was on the table, Capt. Ric Biglin of the Fire Department and Police Chief Brian Saterfield stated that such a fine would not be out of line with other ordinances across the state. They cited this fine as a good deterrent for breaking the rules, while adding that such fines are rarely (if ever) imposed to their full extent.

Biglin also cited the importance of the phrase “After due notice.” This indicates something that would happen after attention has been called to the proper authorities and inspections have made. It would also be at this point that the Fire Department would typically give someone two weeks (or other appropriate time frame) to correct what was in violation of code. It would only be after a discovery has been made, notification given, and failure to heed that notification that such a fine would begin accruing.

Members of council listened to the explanations, and appreciated that the fines were not really intended to be automatically enforced to the fullest the language allowed. That being said, 10 years from now, with a different set of government officials in place and these laws still on the books, those doing the rule enforcing might not be so lenient.

Susan Beach, who did eventually offer the lone dissenting vote, was one of those calling for the penalties to be reestablished.

This ordinance did eventually pass, with the aforementioned 6-1 vote, but was on a second reading only.

Another ordinance on the table that was the subject of much discussion was the second reading of ordinance 2015-2. This is the ordinance that clarifies the duties and responsibilities of the treasurer and auditor. There has been some contention about who is to be responsible for what between these two offices, and this ordinance clearly lays most of the responsibility at the feet of the auditor. Currently there are five regular reports that need to be furnished to council; the auditor furnishes three of those reports, and the treasurer the other two. This ordinance would place responsibility for all five of those reports with the auditor. The treasurer would be treated more as a corroboratory position, with responsibility for confirming the validity of the auditor’s reports.

Law Director Thomas Palmer cited five other municipalities and four of those place similar amounts of authority with the auditor.

The revised tap fee schedules for both water and sewer were passed on the first reading. These ordinances have been a long time coming; much talked about and much anticipated. These ordinances will lower tap in fees for both of these services for both businesses and residences. This legislation is moving forward as a pro-growth measure for Galion in terms residential and business growth.

In utility discussions that will be affected by future action, Mayor Tom O’Leary raised two points. The first was to make sure that revisions to the electric rate schedule keep moving forward. The second was to discuss conversations of a possible electric rate refund.

Much has been made of the potential overcharging and mishandling of the power cost adjustment (PCA). O’Leary maintains that this was limited to two quarters in 2007, totaling somewhere in the region of $240,000. This issue will be discussed at future finance and utility meetings.