Sunday, July 26, 2015

Logan Jenkins on Encinitas' new "proactive" code enforcement fiasco

Last year, at staff's request, the City Council changed the rules for code enforcement, so that code enforcement officers would not just respond to public complaints, but would go out "proactively" looking for reasons to issue citations to residents and businesses.

This led directly to last week's news of repeated harassment of the Kraken.

Jenkins:
In a wild roller-coaster ride, bar owner Ron Crilley canceled all concerts following a spate of Encinitas noise citations that reportedly were not based on citizen complaints. (The nearest residences are hundreds of yards from the bar.)

The citations stem from a weird regulation that no sound at all should be emitted from a bar with an entertainment license. (Does that mean that no doors should open because, God forbid, music from a jukebox might spring out? Can windows not be open? Are we talking about bars or bordellos?)

[...]

Go ahead, Encinitas. Enforce noise standards, but put the onus on responsible, reasonable citizens, not drive-by inspectors under orders to keep the absolute peace and quiet.
Time to re-think those new "proactive" enforcement powers the council gave to Planning Director Jeff Murphy and his staff?

34 comments:

  1. A question that some citizens have is if it is wise to place the zoning, enforcement and the mediation process all in the hands of one director and his staff.

    ReplyDelete
  2. "Go ahead, Encinitas. Enforce noise standards, but put the onus on responsible, reasonable citizens, not drive-by inspectors under orders to keep the absolute peace and quiet."

    So the downtown residents should stop being slackers and do their part in calling out the offenders. Oh wait, they already did that and called for proactive enforcement. Now we don't like that? Or do we just pick and choose where we want enforcement and where we don't. Jenkins doesn't live in Encinitas, let alone Cardiff. Noise tolerance oftens seems low when you aren't the one having to tolerate it.

    I happen to like the Kraken and I also hear music coming from establishments on the 101. There are nights when it's tolerable and others when it's a bit excessive. So far it's never gotten to the point where I've thought of complaining. But others might not be so tolerant. While the homes are a ways back from the Kraken, the sea breeze pushes the sound in their direction. Any new home owners might not be sympathetic to the iconic Kraken.

    ReplyDelete
  3. When concerts in little parks strike up the music, the noise travels quite a distance. I can't imagine living near the 101 and hearing not only loud music, but loud people.

    Sounds like The Kraken were issued several warnings and totally ignored them. I am for staff doing their job to regulate the rules we have. I like Jeff Murphy and think he does a good job. Just ask the mayor, she is always praising him.

    ReplyDelete
  4. There are motorcycles gunning their engines all day and all night, every day of the week on Hwy 101. I find this more annoying than music.

    ReplyDelete
    Replies
    1. me too…not just motor cycles… all kinds of vehicles running straight pipes. Why won't the city enforce the existing laws about not running straight pipes on vehicles. I've seen ( and heard) straight pipe motorcycles, cars, motor scooters, minibikes and trucks go blasting right by our City Police and they don't do a thing.

      Why will City Council not address the real problems in this City?

      Delete
  5. Jeff Murphy needs to go. Wasted taxpayer $.

    ReplyDelete
  6. This comment has been removed by a blog administrator.

    ReplyDelete
  7. 10:20-If you knew a lot of Murphy's shenanigans, you might not like him so well. Have you ever done a CPRA request on some of the things the planning dept. approves? Try it and see how much you like him then. Or maybe you still would.

    ReplyDelete
  8. Oops. Just deleted a comment by mistake. Sorry.

    ReplyDelete
  9. This was such a cheap shot at a site that has relatively little problems in its long history.

    Once again the sheriffs go after a non problem instead of going after the late night downtown vibrancy.

    This is total bs. It wasn't code enforcement either that brought this down on the Kraken. It was once again some lazy sheriffs pulling up in front and waiting for the door to open and voila, they could hear some music.

    Why were they even there at the Kraken and not in the downtown area? They could do the same thing there, pull up in front of just about every bar down there and reach the same result, yet no citations for them. Something smells to high heaven about the sheriffs on going performance in not defending the residents who have to put up with this ugly alcohol fueled scene that our downtown has become. One of these days...............

    Good on the Kraken for making this public and thanks to the public for coming out and calling bs on this slimy action by the sheriffs. Their time needs to be spent where it is most needed and not where it is not. The Kraken was not. Downtown is. Simple? Maybe too simple for the deputies department captain.

    ReplyDelete
    Replies
    1. Who cited them - the Sheriff? Do they have the same function/authority as the Code Enforcement then? Then why have Code Enforcement? It's like having the Sheriffs on the beach when there are lifeguards - seems to be no shortage of personnel as the Sheriff''s Captain suggested during the last budget considerations.

      Delete
    2. The Sheriff's didn't go after the Kraken !!! They were called there by an upset citizen regarding the noise....he/she continuously calls and demands sheriff's respond. The Salon-Shelter (same bar) is causing the sheriff and downtown a much bigger headache yet the ABC and The City do NOTHING. You can hear the music from Shelter at 3rd and D !!! Drunks are overserved, the bar is well past the occupancy limit on a regular basis...there are fights, bottles being broken over people's heads, teeth getting knocked out etc.....

      Delete
    3. I'll be right down!

      Delete
    4. The millennials' mating rituals in action! Do you hear the overlay of the National Geographic theme song? They need their Jane Goodall to document it!

      Delete
    5. The bars can have a Chicletts dispenser in the bathroom - teeth that are knocked out can be replaced for that perfect smile when trying to score!

      Delete
  10. What do you think would happen if they brought a drug-sniffing dog through the Kraken?

    ReplyDelete
    Replies
    1. He'd refer them to El Chapo for prescription renewals?

      Delete
  11. The captain should be hauled in front of council every quarter for Q&A, and policy and priority setting. The public should be able to comment before hand just like a normal agenda item. The sheriff's department is totally misaligned with the people's priorities, and for that matter, council's direction. WE pay for this service, and yet, it seems we have little say and there is no accounting. I wonder if it would be better for us to pay Carlsbad to be our law enforcement vs. the county, that is clearly mismanaged.

    ReplyDelete
    Replies
    1. great idea and I fully agree. We are getting hosed.

      Delete
  12. Carlsbad police! That is a great idea if we could contract with them! They are courteous, respectful, and aren't the lazy speed trap slackers that the Encinitas sheriff are. The Encinitas sheriff's don't do burglary and spray lighter fluid anymore but are still rude and lazy. Yes let's see if the excellent police in Carlsbad could be contracted instead.

    ReplyDelete
  13. You people are delusional. Carlsbad is a poorly mismanaged police department. Heck they had to fire their last police chief. The crime rate is higher than Encinitas. Sounds to me like perhaps the last two posters got tickets and don't think Carlsbad police will give them the same ticket for the same violation.

    ReplyDelete
  14. no. Encinitas sherrifs do not enforce the CA vehicle code. I have seen hundreds of straight pipe motorcycles blast pass sheriffs and the sherriff just give them a nice friendly wave as he goes to get his next free donut. It has to stop.

    ReplyDelete
  15. Then the city has to dictate to the Sherrifs that they're now citing bikers who blast it in town. They do it in Newport Beach. You can't ride through the coastal strip there and get away with that. It is summer right now, and that means open windows, tourists and lots of noise. By mid August, kids are back in school and the town comes back to us..Hang on...

    ReplyDelete
  16. Carlsbad PD? No thanks. They have no accountability to their Mayor or City Council. An elderly woman was abused by one female cop years back for no good reason. Entered her place of business and arrested her. Bruised both wrists and it was traumatic for her. She reported it afterward to old friend Bud Lewis. "I'll get back with you" was his response. When he didn't get back with her she called him and he merely said "you need to get a lawyer I can't do anything about it".

    She did get a lawyer. In fact, she won her case ($75,000) and gave it all to charity.

    Encinitas could spend HALF on our own PD with better efficiency, spending 14 million instead of 28 million each year on law enforcement. But WE the city would have to be their watchdog. Internal Investigations are a joke within good ol boy networks like a PD. Likewise, CLERB, the county's Citizen's Law Enforcement Review Board is equally inneffective. But what is to be expected when the fox is allowed to guard the hen house?

    ReplyDelete
    Replies
    1. If you think you can cut the budget in half without affecting crime or public safety, then run for office.

      Delete
    2. 12:49 That is always a lame statement when one has nothing to offer. Obviously, you have nothing to offer.

      Delete
    3. 12:49 is right on, it would cost way more to pay for a full slate of unionized cops, their cars and equipment than to contract. Not going to happen.

      Delete
    4. 12:59,

      Re: "nothing to offer"

      As opposed to an anonymous statement that you could cut
      the budget in half without any details, but you aren't willing to run for office and make it happen?

      How exactly is that a positive contribution?

      Delete
    5. 12:40 PM

      The proposed Encinitas budget has a little over 13 million for policing, primarily the contract with SD County Sheriff. Where is your 28 million coming from? Are you including Fire?

      The county contract includes administrative and support services. The Sheriff station is a county building which also supports Del Mar, Solana Beach, and the western part of RSF.

      How do you proposed to cut costs when it doesn't appear that you know the actual numbers?

      Delete
    6. 8:39 You are addressing the wrong person. There were two different people who commented. I know, because I was one of them, but wasn't the one who said they could cut the budget in half.

      Sounds like you are running in circles.

      Delete
  17. 12:49, Lemme see....
    * $1200 per mo. for 4 years.
    * Reading and researching 2" of civic stuff each week.
    * Half of Encinitas hating my guts.
    * 12 Sheriff's pissed at me forever.
    Naw.

    ReplyDelete
    Replies
    1. If they are getting $1200 to do nothing but let quality of life slide, they are way overpaid.

      Delete
  18. they are way overpaid. At least this group less Blakespear.

    ReplyDelete
    Replies
    1. Blakespear is as big an idiot as the rest of them, she's nothing to get excited about, just another in a long line of weak, ignorant Encinitas politicians.

      Delete