City: Give businesses a level playing field

Litter at Walmart, 8:00 AM, 2-16-15

It is sometimes said that enforcing city codes “provides a level playing field” for businesses.  What does this mean?

A playing field with goal posts has to be level from end to end or one team would be running uphill to score, while the other would be running downhill and would have a built-in advantage.  So it is when property nuisance codes are not enforced.  One business spends the time and money it takes to keep its property clean and orderly, while another doesn’t spend it, and can price its products or services a little cheaper and attract more customers.

You might think that customers would be offended by litter and weeds.  That might be the case with businesses selling luxuries like hot tubs.  But customers of big-box and convenience stores are not so offended that they don’t shop.  Big box stores aim their advertising at people more concerned with price than orderly appearances, and convenience store customers care most about convenience; they won’t drive around, looking for a neater, safer-looking store.  Bars serve customers who are generally more disorderly and create more litter; butts scattered around the entrance don’t deter them.

As our city has become more weedy and littered, many of us have become used to it, stopped seeing it, and cleanliness has lost its value as advertising.  Visitors who come from cleaner places usually don’t say anything, but they also don’t come back.  Industries thinking about moving here think again, because we don’t look industrious.  But litter and weeds look good to call centers that depend on people desperate for any work they can get.

Walmart, front of store, 2-16-15

We have two big box grocery stores next to each other, with another soon to move in nearby.  The first one, Fred Meyer, was fairly neat, having regular employees picking up litter during the day.  Walmart has a crew come in every two weeks to clean up litter, apparently at night when it is harder to see but there are few cars in the way.  Between visits, it gets quite littered.  When asked why, they said that they have too much business to keep up.

Fred Meyer, next to the bottle return

Fred Meyer started slacking off on its cleaning in the last year and is now nearly as littered as Walmart.  Our new big-box home improvement store, Home Depot, has been rather littered since it opened, and is littered even inside their store.  It is surrounded by weeds, though they sell landscape maintenance equipment.  Winco is coming; will they copy Walmart too?

 Old litter in shrubs at Home Depot, 2-16-15

 Litter inside Home Depot

Litter in the weeds surrounding Home Depot's parking lot, 2-16-15

Big corporations do nothing that local police don’t make them do when it comes to maintaining cleanliness and order.  They set the tone for landscape maintenance in our city by default.  Ask our police to enforce our standard, and provide the clean, level playing field that we need for all businesses.

Grants Pass Property Nuisance Codes:

5.12.050 Weed, Grass, Snow and Ice Removal.

1. No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk or right of way adjacent to a public sidewalk may permit:

A. Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen.

B. Ice to cover or remain on the sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes, or other suitable material to assure safe travel. (Ord. 2901 §9, 1960)

C. Weeds or grass from growing or remaining on the sidewalk for a period longer than two weeks or consisting of a length greater than 6 inches.

2. Property owners and persons in charge of property, improved or unimproved, abutting on right of way adjacent to a public sidewalk shall be responsible for the maintenance of said right of way, including but not limited to: keeping it free from weeds; watering and caring for any plants and trees planted herein; maintaining any groundcover placed by the City; maintaining any groundcover as required by  other sections of the Municipal Code or the Grants Pass Development Code. (Ord. 5380 § 18, 2006)

5.12.060 Weeds and Noxious Growth.

No owner or person in charge of property may permit weeds or other noxious vegetation to grow upon his property. It is the duty of an owner or person in charge of property to cut down or to destroy weeds or other noxious vegetation from becoming unsightly, or from becoming a fire hazard, or from maturing or going to seed. (Ord. 2901 §10, 1960)

5.12.070 Scattering Rubbish.

No person may throw, dump, or deposit upon public or private property, and no person may keep on private property, any injurious or offensive substance or any kind of rubbish, (including but not limited to garbage, trash, waste, refuse, and junk), appliances, motor vehicles or parts thereof, building materials, machinery, or any other substance which would mar the appearance, create a stench, or detract from the cleanliness or safety of such property, or would be likely to injure any animal, vehicle, or person traveling upon any public way. (Ord. 2901 §11, 1960; Ord. 4397 §1, 1981) (Ord. 5379 § 18, 2006) 

Special February protest issue, sold at the Mail Center, 305 NE 6^th

Pass this leaflet to the City Grants Pass, or call.  Write a letter to really impress them.

Rycke Brown, Natural Gardener        541-955-9040           rycke@gardener.com

City: Enforce Our Codes; Give Us Order

Behind the parapet of the Caveman Bridge on Riverside Inn property, 9-13-14

We have long had a problem with law enforcement in our city and county, long before the federal government stopped subsidizing our county with timber cutting and grants.   Petty theft was rampant long before we had to start releasing inmates from our jail. 

One reason is the disorder that the city has tolerated for decades.  Disorderly criminals know that they can do what they wish on a neglected property, because no one cares about it.  They build their disorderly habitat by littering, and target disorderly places for camping, vandalism, and theft.

We recently had a public safety performance audit.  The auditor made a point that the city must enforce its property maintenance codes; that enforcement by complaint is not enforcement, does not work, and is unfair to citizens who hire police to enforce laws; and police and firemen should notice and report violations as they go about their work.

City police seem to think that they need special permission from the Council to enforce laws that are already on our books.  Our City Charter mandates that the City Manager enforce all city codes.  Police have all the authority that they need from the Council and citizens; they don’t have the authority to ignore our codes and our Charter. 

Our property maintenance codes are among our nuisance codes and development codes.  The nuisance code provides for abatement when the City Manager determines that a nuisance exists.  It doesn’t have to be considered a safety hazard any more, as it was recently changed by the Council.  The admin fee for abatement was also raised to 20%.   

This should be sufficient signal from the Council that they want the codes fully enforced.  But the city apparently still cites and abates only when a nuisance is determined to be a safety hazard, and still doesn’t bother to warn property owners or residents before officers consider it worth abating, even telling the offenders that there is no violation when violation is obvious and has been complained about.  They don’t appear to cite and abate any businesses or vacant lots, but only residential properties and smaller lots near residences.

The city should warn people when they are in violation of our code while it is easy to clean up, and stop hazards from developing.  They should start with litter, a word not mentioned in the code, but which is obviously included in it.  If the city would stop tolerating trash on the ground and warn us to clean it up, it would be cleaned up within a week, or a month for those who insist in being cited.

Special January protest issue, at GPlittercleaner.blogspot.com and at the Mail Center, 305 NE 6^th

Pass this leaflet to the City Grants Pass, or call.  Write a letter to really impress them.

Rycke Brown, Natural Gardener             541-955-9040               rycke@gardener.com

Grants Pass Property Nuisance Codes:

5.12.050 Weed, Grass, Snow and Ice Removal.

1. No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk or right of way adjacent to a public sidewalk may permit:

A. Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen.

B. Ice to cover or remain on the sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes, or other suitable material to assure safe travel. (Ord. 2901 §9, 1960)

C. Weeds or grass from growing or remaining on the sidewalk for a period longer than two weeks or consisting of a length greater than 6 inches.

2. Property owners and persons in charge of property, improved or unimproved, abutting on right of way adjacent to a public sidewalk shall be responsible for the maintenance of said right of way, including but not limited to: keeping it free from weeds; watering and caring for any plants and trees planted herein; maintaining any groundcover placed by the City; maintaining any groundcover as required by  other sections of the Municipal Code or the Grants Pass Development Code. (Ord. 5380 § 18, 2006)

5.12.060 Weeds and Noxious Growth.

No owner or person in charge of property may permit weeds or other noxious vegetation to grow upon his property. It is the duty of an owner or person in charge of property to cut down or to destroy weeds or other noxious vegetation from becoming unsightly, or from becoming a fire hazard, or from maturing or going to seed. (Ord. 2901 §10, 1960)

5.12.070 Scattering Rubbish.

No person may throw, dump, or deposit upon public or private property, and no person may keep on private property, any injurious or offensive substance or any kind of rubbish, (including but not limited to garbage, trash, waste, refuse, and junk), appliances, motor vehicles or parts thereof, building materials, machinery, or any other substance which would mar the appearance, create a stench, or detract from the cleanliness or safety of such property, or would be likely to injure any animal, vehicle, or person traveling upon any public way. (Ord. 2901 §11, 1960; Ord. 4397 §1, 1981) (Ord. 5379 § 18, 2006) 

Big Business, help us keep order

We have a problem with keeping public order in Grants Pass and Josephine County.  Our voters have so far refused to pass a law enforcement levy for Josephine County.  While we have plenty of police officers in Grants Pass, we are short on guards for our county jail, prosecutors to enforce minor violations, and juvenile justice beds, and will be short at least until we pass a levy.  If we don’t pass one, public order will only deteriorate further.

Thanks to the property bubble and its decades-long dominance of our city government by developers and bankers, our property maintenance codes have not been enforced at the nuisance level in years, and safety hazards are enforced mainly against homeowners.  Enforcement was greatly weakened in 2006 when our then-City-Manager David Frasher stopped police and firemen from noticing and warning against property neglect and started a Code Enforcement department, soon called Community Service, which is the place where property nuisance complaints go to die.

We have recently had a public safety performance audit.  One of its findings was that property maintenance codes must be fully enforced; enforcement by complaint is not enforcement and is not fair to the citizens; and police and firemen should notice property neglect and report it to Community Service/Code Enforcement.  But the ship of government is slow to turn, and our public order and safety is in critical condition now. 

Enforcement of maintenance codes creates a level playing field for businesses to compete while keeping their properties neat, clean and safe.  Non-enforcement creates unfair competition from those who do not maintain their properties and creates the disorderly habitat that criminals prefer.  Large businesses with large parking lots set the tone for property maintenance for smaller businesses, and have an outsized influence on the people who shop in such stores, getting them accustomed to litter and weeds.

Please do not wait for Grants Pass to start enforcing its nuisance codes against litter and weeds; hire the workers necessary to clean your lot and keep it clean all hours you are open.   Such workers can also serve your customers with eyes and security in your parking lot.  Then ask Grants Pass to enforce its code against your competitors, and create that level playing field. 

Show your orderly customers how much you care about their enjoyment and safety while walking in your parking lot and shopping in your store.  Show your respect for our laws and city codes.  Make thieves less comfortable stealing from customers in your lot, and litterers feel less free to drop their trash.  With your help, we can clean up Grants Pass.

Special December issue, at GPlittercleaner.blogspot.com and at the Mail Center, 305 NE 6^th St. 

Pass this leaflet to a big lot business or the City Grants Pass.  Write a letter to really impress them.

Rycke Brown, Natural Gardener          541-955-9040         rycke@gardener.com

Grants Pass Property Nuisance Codes:

5.12.050 Weed, Grass, Snow and Ice Removal.

1. No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk or right of way adjacent to a public sidewalk may permit:

A. Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen.

B. Ice to cover or remain on the sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes, or other suitable material to assure safe travel. (Ord. 2901 §9, 1960)

C. Weeds or grass from growing or remaining on the sidewalk for a period longer than two weeks or consisting of a length greater than 6 inches.

2. Property owners and persons in charge of property, improved or unimproved, abutting on right of way adjacent to a public sidewalk shall be responsible for the maintenance of said right of way, including but not limited to: keeping it free from weeds; watering and caring for any plants and trees planted herein; maintaining any groundcover placed by the City; maintaining any groundcover as required by  other sections of the Municipal Code or the Grants Pass Development Code. (Ord. 5380 § 18, 2006)

5.12.060 Weeds and Noxious Growth.

No owner or person in charge of property may permit weeds or other noxious vegetation to grow upon his property. It is the duty of an owner or person in charge of property to cut down or to destroy weeds or other noxious vegetation from becoming unsightly, or from becoming a fire hazard, or from maturing or going to seed. (Ord. 2901 §10, 1960)

5.12.070 Scattering Rubbish.

No person may throw, dump, or deposit upon public or private property, and no person may keep on private property, any injurious or offensive substance or any kind of rubbish, (including but not limited to garbage, trash, waste, refuse, and junk), appliances, motor vehicles or parts thereof, building materials, machinery, or any other substance which would mar the appearance, create a stench, or detract from the cleanliness or safety of such property, or would be likely to injure any animal, vehicle, or person traveling upon any public way. (Ord. 2901 §11, 1960; Ord. 4397 §1, 1981) (Ord. 5379 § 18, 2006) 

Walmart, Keep Your Lot Clean

When this litter-cleaning protester started cleaning Walmart’s lot one day back in January, one of their managers forbade me to do so, perhaps recognizing that it was not a service; it was a protest of their litter. 

She said that they have a crew that cleans their lot, every two weeks.  I pointed out that every two weeks was clearly not enough.  She said that they also send out people to clean as needed.  And yet, their lot was very littered.  “We have too much volume to keep up with it!” she cried.  I said that meant that they make enough money to keep it clean, yet I have never seen anyone cleaning their lot, though I have at other stores.

Grants Pass Walmart, January

I called Walmart headquarters about their litter cleaning policies.  They said that they have a separate litter crew clean every other week, and clean otherwise as needed.  I told them that, at this store, it is not cleaned as needed.  While traveling later that year, I checked out Walmarts in other cities; they were just as bad as ours.  It seems that Walmart, like many corporations, has a policy of doing no more than local police make them do to comply with city codes, and like ours, many cities don’t push them to keep their lot clean.

Newport Walmart, March

Fast food franchises also have a lot of disorderly customers, but they actually work at keeping their little lots clean, sending out a worker several times a day to clean, to protect their franchise reputations.  People expect restaurants to be clean, outside as well as inside.

Fairly new bark in Grants Pass Walmart lot, holding litter, mostly butts

Letting litter lie around Walmart’s lot builds the disorderly habitat that criminals prefer, contributing to theft in their lot.  Having a few people out in the lot cleaning all the time would not only make the place more orderly; it would provide security to shoppers.  Cameras are useful mainly after the crime and cover limited areas; a person working on litter cleaning can see someone breaking into a car and call the cops immediately, and criminals know it.

Litter, mostly under bottle machines, because they sweep rather than using a grabber

The tools provided for cleaners by the bottle machines: brooms and a dustpan

As one of the largest stores and parking lots in town, they set a bad example for the rest; other large stores seem to follow their lead.  They have improved slightly lately, but are clearly not giving their workers sufficient time and proper tools to do the job, as small litter abounds.  Litter cleaners need litter grabbers, an item that Walmart sells and could easily provide to their cleaners.  They should have 3 or 4 cleaners with grabbers and buckets in their lot during the day and evening hours, working on it for their whole shift, and rotate that duty among their newer workers, teaching all of their employees not to litter and to pick it up when they see it.

Lots of little litter means not enough time spent or proper tools used

Walmart shows their contempt for their customers and employees by not keeping their lot clean.  Most of us do not litter, and we would prefer a clean parking lot.

Special December issue, at GPlittercleaner.blogspot.com and at the Mail Center, 305 NE 6^th St. 

Gardening is easy if you do it naturally.  Litter is tagging, marking the territory of the disorderly.

Rycke Brown, Natural Gardener                 541-955-9040             rycke@gardener.com