"HEY BIG BROTHER" rare earth
Recently Nancy Bihary sent Councilman Flock an E-mail concerning her court trial results. With her permission I will reprint the e-mail here. Some of you may remember Mrs. Bihary as the lady that brought her story about building a garage to replace a shed in her yard to city council. She read a letter to them about the way she has been treated by city officials.
At that time the City Manager said there were "mechanisms" at the residents' disposal for her to use. You judge what was or was not done.
Today was the court date. We arrived at court with our two neighbors for a 9:30court and didn't get into court until 11:00am. There was no place to sit down to wait. My husband and one of my neighbors had to take time off work to show up for us. There needs to be adequate seating and better scheduling.
We lost the case. Judge Cicconetti dismissed the case provided we pick up the building permit in six days. We will have one year with a possible extension of 6 months to get an enclosed parking space on the property.
Noel Siversten lied again. I did not agree with her when I picked up the demolition permit. She said we are taking down a garage and therefore need to put one up. I said it wasn't a garage. She said I agreed with those terms. I did not! There was no written notice given to us that we were in violation. We have been denied due process, still. I am thankful that we do not have a criminal record since the case has been dropped.
We did not win. To win would have meant that we would be grandfathered in and not made to put up a garage. Then the decision to go in debt for a garage would have been ours not the cities. If we could have afforded a house with a garage we would have bought one.
I do not know if you are aware, but the sighted violation to the front of the house in October of 2008 was taken care of by us removing the porch and added living space to the house. This space included a bathroom on the main floor which is vital for people who visit that are handicapped.
Again, Noel stated at court today, "We didn't need to spend the money doing that. We should have spent the money building a garage. We could have just painted the porch." I would like to know when it is that city officials have the right to make these decisions for the citizens. The city is over stepping their authority when they can make demands on citizens based on nothing more than a cities need to increase the tax base with more structures such as a garage. That is all this is about. It is not about the safety of housing or the citizens real needs it's about increased salaries for city employees. It seems to me most people would prefer increased living space over a place to park a car. If the city can't apply this ordinance in a sane way it needs to be repealed. It is hurtful and morally wrong what the city is doing. A garage is a luxury not a necessity. With so many people out of work, why put more people in jeopardy of losing their home by demanding a garage be built. We can live without a garage, but if one of us has hip issues in the next few years the added bath and living space on the main floor will be a life saver. The garage will do what?
OK I'm going to stop, but I am not done!
Nancy
Now my question was Mrs. Bihary informed by Ms.Siversten that she had other options, like going to the board of zoning appeals? [BZA]? The gall of Ms. Siversten to DECIDE that a garage was more important for two people who are looking to make their living space more comfortable in their senior years?
I bring up the BZA only because of my neighbor, who lives in Mentor and at best can be called an absentee landlord.
February 18,2010
Refusal No.2177
Valarie Chiappone
485 Owego St.
Mrs. Chippone asked for a variance to Sec.1137.03[b][2] that requires that each single family dwelling unit have a minimum of [1] enclosed garage., along with her making allegations that neighbors "STOLE" the garage doors.
She wants to sell the property and not build a garage. I argued that the garage could be repaired, and the Chiappone's kept a car in it when they lived there. along with most homes needing a place to store lawnmowers, bicycles, lawn chairs whatever. The ruling of the BZA? A garage need NOT be rebuilt but a 120sq.ft storage building must be erected. I was assured this would cover the problem. NOW where was the city is this instance? Where was Ms. Siversten? Why the double standard? Why was Mrs. Bihary a long time city resident not given the same leeway as the lady from Mentor?
How many police calls to 485 Owego St. compared to Mrs. Bihary?
I believe this lady stood up to City Hall embarrassing them, and was put in her place by the administration period.
In other news Painesville Council Meeting Monday October 4,2010 will be all positive as no legislation is on the agenda.
posted by terminator1 @ 3:50 PM
27 Comments
27 Comments:
I thought the way Mrs. Bihary was treated at the council meeting was horrible. My thought at the time was if this is how she is being treated here, then what are they doing to her when nobody is looking? I think this woman is being shafted by the city, just like everyone else they choose to abuse.
What is the deal with the garages, anyway? If you have a home without one and want to sell the home, do you have to build a garage?
Just as a postscript to 485 Owego St. the garage was demolished in April, the remains removed in August...... Today October 3rd no shed?
So how about a bake sale for Mrs Bihary? In front of city hall!
This is nuts.
How does one stand up to this and what about the Judge whom I have found to be fair in many other rulings.
None of this makes sense, especially with the Chiappone residence noted.
One note; has Mrs Bihary or Andy Flock called Ed Cox? or any other building supervisor?
I don't know if a bake sale is an option, but I'll bake a cake.
Judge Cicconetti is more than a fair Judge but he has to rule on the laws on the books.
No, none of what goes on around here and it seems to make any sense theres never a simple quick solution. Maybe we need a Mayor instead of all these bureaucrats who runs this town?
I don't know what the answers is. I can think of many homes that don't have garages and there seems to be no problem. Maybe Mrs. Bihary's challenge was to much to let slide.
I view the administration as a pack of lions in the African plains along with the citizens of Painesville being gazelles every now and then the lions go after one of the weak or older gazelles to cut from the herd. It also acts to keep the gazelles in a close pack never to threated the lions.
Divide and conquer old against young, owner against renter and so on.
To 10:40 I guess before anyone buys a house here they better check. Wait until the list of properties are posted that are non-compliant in our city ask your councilman for a list.
All of you are wrong in your zealousness to persecute city officials. Both cases here are the same, except for one went to the BZA and got a proper ruling that they did not have to rebuild a garage, the other one did not and that is exactly what the city manager told her, she had other options.
You are all picking the wrong side on this one!
And you know this how?
To go before the BZA you have to pay $100.00 and then your not even guaranteed they will rule on your case. {Condon Ct.}
What I love about this above comment it's a person who says they know.
Well we know Mrs. Bihary, Councilman Flock, Judge Cicconetti,
Noel Siversten, along with Angelo. Now who is this person with the proof?
1:30pm She had options?
Went back and checked, I knew there's a good reason to attend all these meetings.
BZA July 15,2010
Refusal No. 2186
Applicant
Shun Jias Zeng
R1
128 Carmody Dr.
Variance
Section 1137.03[b][2]
Single family home needs at least a [1] car garage
O.K. I'll let you guess how they voted? "NO" must have garage.
What is the rhyme or reason going on here? Look it up its all on the city web site.
I believe Mrsa. Bighary saved herself $100.00.
This is 10:40. I still don't understand this. When did it become a rule in this town that there has to be a garage? And is it a garage, or is it a garage and/or a shed? Are homes grandfathered in, or not? What in the world is going on here?
I'm confused. I know of a lot of houses in Painesville without garages or sheds. What is the deal?
Don't ask me. I sit in these meeting and watch and wonder. Sometimes Mr. Torre looks at me and we both laugh?
What is the criteria? The meeting don't apear to be "fixed". I have no clue.
Mrs. Bihary torn down an old "chicken coupe" and now she needs a garage. I waiting for the first person who doesn't own a car to deal with this.
If you view these proceedings in person after awhile nothing makes sense.
Term, you said maybe we need a Mayor. I say maybe we DO need a mayor. What ARE our options for city government? We have to get rid of her. Are we going to just wait until the whole city is in ruins. And now to add to everything else, Dahlberg says we have 25% hispanic here. McMahon and her fools asked for a sanctuary city and they got it. Unfortunately, so did we. A sanctuary city with no hospital and 50-year coal contracts where we have no say but own the plants. Etc., etc., etc.
Please, talk to me about the mayor option, and any other option that you know of.
And meanwhile the Mexicans do whatever they want, cramming as many people as they can into their houses and parking cars all over their lawns. While a legal citizen gets harassed.
First off the regulation is "one enclosed parking space" a car port could also qualify I believe.
If you read about the BZA there are specific items that when presented to them they should take into consideration for their ruling.
If this lady tore down her garage, was ignorant of the zoning regs, ignored the city warnings, didn't appeal to the BZA, ignored the second city citations then I do believe she belonged in court.
How many complaints were filed at the other residents mentioned? You seem to know what's going on how many times were the inspectors at 485 Owego, yet she was allowed to slide. Mrs. Bihary did not tear down a garage it was an old chicken coup. Was she explained all her options?
I have ideas who should be in court.
Meanwhile the whole inspection department ignores property owned or rented by Hispanics,why? A home on Axtell garage burned down over two years ago by fire, where's that garage? I believe that there is some "reverse profiling" in Painesville or the people are just to gutless to do their jobs.
WE can take out petitions for a charter change and have it put on the ballot to go to a Mayor form of government. Expect council and city hall to fight you to the bitter end on this. Question lets go back 60 years has the city manager form of government been a plus for Painesville? Destoying downtown. Lost investment funds are we better off today? A solution lets restipe the streets,please.
with the people who live here they would elect Joe JaHada, or Queen McMahon mayor anyways so whats the point.
The school levy will pass because most of the residents received their "edacaton" from this system and don't know any better.
Glad I'm got out when I did!
All you have to do is tell them you don't have the money to put up a garage and they will leave you alone.
Our inspectors have been told by a certain judge not to waste the courts time with people who have no money because he will not throw them in jail for zoning offenses.
Sometimes what you see is only the tip of the iceberg and not at all what is sinking the ship.
Quit arguing like multiple wrongs should make them all right. Yes, Owego may have been wrong, Axtel might be wrong, but that doesn't mean all of a sudden every wrong in the city gets a free pass.
If you know of wrongs use the email system so you have a record of reporting it and report it.
Sorry, no carports. check your ordinances. So was Mrs. Bihary the "gazelle of the month"? She said she was layed off? Where was her funds to come from to build her garage? I see the political ad now, This lady used her extended unemployement insurance to build this lavish garage! I'm not talking about a free pass for anyone. How about a little compassion instead of sending people to court over chicken coups?
You should hear the Biharys whine and cry poor mouth. Handicapped guests,lost jobs,needed space for retirement, the economy and prospective hip injuries were used to squeeze cicconetti's soft heart. They understood that a garage must have been built and have been given ample time to comply. In reality they just want to add more onto their house before building a garage. They were informed of the procedure and decided to pull the demo permit anyways. Now its business as usual at PMC with excuses echoing throughout Mike's walls. The Biharys threatened to sell and move from the city.. Oooooo.. Take your ball where? Maybe Willoughby or Mentor will be more suited to coddle ur excuses. Missin ya!!
With all the problems in Painesville with all the homes without garages were the Bihary's made an example of to keep the rest in line? Well when people like the Bihary's move theres more rental property and more problems. To many people like the Bihary's have left already, even a hospital left because in the end it's the incompetent people running the city presently.
Speaking of garages . . . a Mexican family just moved into the house at the corner of Hine and North State and I'm suspicious that they are setting up the garage as living quarters. But I'm sure that's just A-OK with our wonderful sanctuary city.
If I ever get proof that's what they're doing, I'll report it, but so far it's just a suspicion based on the blacked out windows that still show lights on at night.
Is this the same house where the people ride the dirtbikes all over the sidewalks and in-out of the yards?
Term, finally got a chance to watch some of the last council meeting on TV. Thanks for getting the garage thing cleared up, so we know what the ordinance is and what it is not. Sounds like it gives them a lot of leeway to mess with people.
Does anyone know what is happening with Mrs. Bihary now?
Here's one you can relate to Term.
Have one of our building inspectors or city officals sit outside your favorite house in Painesville 458 N.State St. during the week and count how many people are seen leaving the building between 6:30 to 7:00 a.m. and lets see if any of them can count?
No I guess its easier to make an old lady replace her shed than to something about one of Painesvilles real problems. They all should be fired!
What good are all these ordinances and even the one now that they want to change, when although they don't enforce them on everyone... Only when someone steps out of line or on their feet?
The city passes these ordinances with the people looking on without realizing they just gave city hall another club to hit them over the head with. I will ask the BZA at their next meeting what criteria they use as you know at the council meeting the city manager dumped it into their lap.
As it stated in Mrs. Bihary's letter she's got a year to come up with a garage.
It seems many residents in this town build, teardown, fix, without going downtown for any paperwork. Viva amigo that's the way to do things I guess? Wonder if anyone has been back to 458 N.State St.?
The city of Painesvile (and no that is not a spelling error) feels they can do whatever they want, and seem to have no perception that the country is in a financial crisis. They should leave people alone, or if they are so determined for work to be done maybe offer loans. I thank god every day that I no longer live in Painesvile and cannot believe the corruption and the fact the city appear unaware of how dimly their depts are looked at from elsewhere. I have never heard anyone say anything positive. Maybe if they improved the way they operated then people would actually want to live there and then they would have people proud of their homes and city and not have so many issues.
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