Proposed ordinance changes face criticism from commission
Recent proposed changes to the Eastern Schuylkill Joint Zoning and Subdivision and Land Development Ordinances have been met with criticism from Tamaqua's Planning Commission.
In a letter dated July 1, the planning commission requested that Tamaqua Borough Council reject the changes that were proposed at last month's meeting. Council voted to support the changes at that time."The Planning Commission continues to have serious issues with the inequity and conflict in applying the provisions of the ordinances to the Borough of Tamaqua," the letter stated.Members of the commission met with borough solicitor Michael Greek; Joshua Esposito, the borough's code enforcement and zoning officer; and David Horst, the borough's engineer, at their meeting in June.The letter stated that Esposito "finds the existing ordinance difficult to administer/enforce." According to the letter, Horst indicated "latitude, particularly in the Borough, should be provided to the Zoning Officer; that some of the provisions are nonsensical, while others are unduly harsh." The letter quotes Horst as saying, "much more work needs to be done on the ordinance." Finally, the planning commission offered Greek's opinion that the borough "start over and create a new ordinance to replace the one in existence."The Planning Commission requested a special meeting with council and Greek, Esposito and Horst before further action is taken.Council moved to refer the matter to the downtown committee for review but did not take any action to rescind the previous motion to send a letter of support to ESP to move forward with the changes.Council also heard from resident and property owner Thomas Rockwell, who said he owns 20 properties in the community, in addition to living in the borough himself.Rockwell said he has received quality of life violations totaling about $350 in the past few weeks and asked for clarification on what the laws are and how they are being enforced. Rockwell said in one case, a prior tenant moving out had left television sets on the porch, and the new tenant moving in got two tickets for $50."They had no knowledge of this," he said. "This code enforcement group needs to put a warning on the door before they just arbitrarily give out tickets."Rockwell also said he received a citation for high grass and mowed the grass himself within two days of receiving the citation. However, nine days later, borough workers again mowed his grass, and he received the bill for it.Rockwell said the same situation happened to a neighbor of his who received a citation, cut the grass and then several days later, borough workers showed up and cut itagain and he received a bill.Rob Jones, the director of public works, said it is entirely possible that grass can be cut between the time a citation was issued and the borough workers are sent out to do it.Resident Tim Stahl asked why borough workers didn't have the ability to determine not to cut the grass. Council President Micah Gursky said, "They cut grass. That's what they do."Rockwell added that a statement of responding to the issued ticket within 10 days to take action against the ticket has been crossed out.When he went to the borough building to question how he can take action against the ticket, he was told he has no recourse. Gursky said this was not the case and told him to notify code enforcement when he is challenging a ticket.