City of SF to appeal all counts to the SD Supreme Court of the Daily case
l3wis Love to know who the brainchild is behind this move!?
Code Enforcement
The City of Sioux Falls decides to appeal the code enforcement decision?
Rumor has it the city will appeal to the SD Supreme Court in Dan Daily’s case against the city. Apparently they think they are more powerful then the US Constitution’s 5th amendment and due process rights.
What a waste of taxpayer dollars.
Fix your broken system and move on already.
Mayor Hubris and Code Enforcement
First off, I would like to say that I appreciated Mayor Huether coming to say hi to me at Jazzfest. Not sure if he reads my blog, or you have Lil’ Darrin read it for you, but I haven’t been very nice to you for a long time. I will clarify something I have said all along though, I have nothing personal against politicians, or Mike for that matter, I just disagree with Mike’s policies, and I have a weird way of showing my discontent.
But let’s move on. I was a little shocked that an Gargoyle Leader reporter said this;
Imagine, Huether said, what could get done if there were “two of me.”
It’s the kind of broad, bold statement that can be read several ways. Is it an admission of hubris? Or a declaration of devotion to the job and public service?
While the story was informative to people who haven’t been following His Man Mike, it was mostly old news to me, until Mike pretty much slams Munson, and as usual, Davey Northside is oblivious;
According to Huether, he has been more transparent, more accountable, more communicative, applied more scrutiny and taken things “to a higher level” than previous administrations.
His predecessor, Dave Munson, isn’t sure what Huether means.
“What are we taking to a higher level?” Munson said. “I guess I would have to go back and see what happened in the last eight years that Sioux Falls didn’t move forward.”
Hey, Dave, he was talking about ‘communication’ and ‘secrecy’ NOT development. And BTW, since you bring it up, what’s going on with Phillips to the Falls these days besides an ugly plaque and goose shit?
Improving the system should also include a thorough review of the various codes to see if they’re necessary. At times, the city sends its people mixed messages. The city wants us to conserve water. But there’s an ordinance that requires 90 percent of your front yard to be covered with “living ground cover.” That’s grass, which needs lots of water.
I love contradictions.
Will Mayor Huether’s code enforcement rampage backfire on him?
It now is no secret that Mayor Huether is ramping up code violations, not only on complaint basis but it seems proactively. He has pronounced it himself in the media and city employees and private citizens said they have seen the effects already. But won’t this all backfire on him and the city financially if they don’t fix the code enforcement mess?
I wrote a negative red-light camera letter to the Argus Leader almost four years ago. Former Sioux Falls Mayor Dave Munson sent a tough-guy code enforcer on a vendetta against me. It took four citations, four city hearings, four years of litigation, four circuit court dates and $40,000 in legal expenses to exonerate myself. In the process, I showed home rule charter is not democracy.
Mr. Daily sent me the original – unedited version of the letter . . . oh the Gargoyle Leader and their editing pen.
Traffic Camera Case
I wrote a negative traffic camera letter to the Argus some 4 years ago. Munson sent out the tough guy code enforcer vendetta. It took 4 citations, 4 city hearings, 4 years of litigation, 4 circuit court dates, and $40,000 in legal expense to exonerate myself. In the process, I showed Home Rule Charter is not democracy. Present city procedure ignores the South Dakota Civil Procedures Act and 2 amendments to the U.S. Constitution.
For the camera case, Circuit Court interpreted and applied the law. The class should be compensated for illegal citations and litigation. There should be punitive damages. My situation (above) was 4’s and I suggest a $4 million judgment.  The city plans 10 more cameras. This case should first go into state court to answer constitutional questions and evaluate city civil procedures. The assistant city attorney has violated citizen’s rights in city hearings and obstructed justice in circuit court cases. He represented an unfounded and improperly noticed ethics complaint against a city councilor in order to influence an election. There should be a state Supreme Court ethics hearing and reprimand. The city turned off the camera and, after ignoring 3 prior court orders, finally complied with one.
If the mayor will not repeal home rule or if state court doesn’t revoke it, I suggest a new mayor and term expired council members in 2014 who advocate:
‘REPEAL HOME RULE, RETURN TO CONSTITUTIONAL DEMOCRACY’.
Munson oligarchy became tyranny then a full blown dictatorship. The mayor makes all decisions such as policy, budget, tax increases, and non-competitive bidding. The city council has become puppets meant to mimic democracy. At one time, during Munson, Home Rule Charter could have been amended into a viable concept. Considering misapplications and citizen torment, it should now be abandoned. Then, city administration can be welcomed back. If they apply and can answer a few constitutional questions, they can be reinstated as U.S. citizens.
Daniel R. Daily, Citizen and Constitutional Plaintiff
Code Enforcement gear up – but what about that pesky 5th Amendment?
While I agree with Mayor Huether that we do need code enforcement and should require people to cleanup dangerous properties (public safety and health issues) I advise him to read the 5th Amendment of the US Â Constitution before he starts saying stuff like this;
“If you have a business and it’s dangerous to the people of Sioux Falls, we’re going to ask you to take care of it, and if you don’t, we’ll take care of it and send you the bill,” said Huether.
City officials aren’t just focusing on commercial property. They say they want homeowners to do their part too.
“Folks, if you’re a neighbor who’s not going to take care of their yard, their sidewalks or have a junky car sitting in front of their house, you’re not going to like me as your mayor,” said Huether.
First off, as it sits now, the city has NO authority to cleanup any private property and send people the bill, until you dismantle the ‘administrative appeals’ process which has been found to be unconstitutional. And as for sidewalks adjacent to the boulevard, the city owns them so that is your responsibility. So cleanup, fix and invoice away, without due process a citizen doesn’t owe the city a penny for the work.