— from Michael Durland–
Council,
In 2012 I was served with a Notice of Violation (NOV)on my Deer Harbor Boatworks property two weeks after I appealed a building permit. I was told I must have a building permit for a storage container in storage, for a boathouse in for repairs, and for tents on wheels used to contain dust. I immediately asked for more information about the code as I was told in 2007 by a previous Code Enforcement officer, Jeff Wasnick, that they were no violations as my property is zoned an Industrial Outdoor Storage Yard so a storage container is allowed. I am a permitted Boatyard so repairs to a boathouse is allowed. My permit conditions require windbreaks to contain contaminates and dust and the tents provide such windbreaks and Jeff told me they were allowed.
You took me to Court twice on this and the second time your attorney rescinded the NOV before the Judge issued a ruling.
I submitted a Request for Code Interpretation in November 2015 with the appropriate fee and received a letter back from CD&P denying my request and containing three false statements. I asked CD&P and you to explain those false statements and I was met with silence.
There are several serious issues here. A Code Enforcement was issued two weeks after I filed an appeal and after two previous Code Enforcement Officers looked at the same data and told me there were no violations. I was prevented from getting answers to possible code infractions and taken to court for a perceived violation that was dismissed by you before a verdict could be rendered. Your Department Head made false statements about me and then ignored a request to explain herself with no consequences that I see. You continue to ignore my attempts to get a code interpretation on my property.
I have tried phone conversations, e-mail’s, face to face discussions, two Court Hearings, and a meeting with your attorney who said I could ask you questions, yet no answers. What does it take to get answers?
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I would surely hope that Mike Durland’s elected representative on the Council, that is, Rick Hughes, would make every effort to assist Mike in a resolution of his issue. Is that not the role of those who we elect? To serve the constituents? There would not seem to be any reasonable rationale for a citizen being unable to get a response to his inquires from the government that in expected to serve us all !!!
This all sounds horrible Michael. I am sorry this is happening to you. Seems very strange. Will you email me your number, when I come over I would like to come visit you. They should be addressing your concerns regardless.
As a long time career boater and owner, I know it is rare to find someone who is actually willing to repair anything, much less make a place for an owner to do a repair on a boat. We live on an island, we might need to fix a boat. We need to support our small business’s, especially one who is compliant and respectful of the environment around the premises. Even the small boat yard, in Deer Harbor is needed and necessary for local and visitor boaters along the way . We need to support the local boat yard and find resolution to the issues. All the best to Michael, crew and the challenges they face.
This is a sad vestige of the old CDPD, which tended to decline to communicate about such issues to the point that citizens were left without any place to turn except litigation.
I cannot believe that this is still going on. Michael’s questions seem very straightforward, and the apparent flip-flop in positions is disturbing. Someone needs to fire up that new spirit of cooperation, sit down with Michael, and iron this out.
Michael Durland has always politely and respectfully tried to get answers and do the right thing – it seems he cannot even get his questions answered – and in the past, he has been so ill-treated by head of CDPD that is is mind boggling – that person should have been fired years ago. This mismanagement at the higher level has been going on for 5 years, at least. This is the kind of nightmare scenario that undermines Public trust of the Development Dept – it’s not been consistent in how it treats people, how quickly permits are given. Favoritism and a “blind eye” regarding blatant violations was shown for certain people, and others, like Michael Durland, were repeatedly thrown under the bus and penalized. The Boatworks serves a community need. Please explain why this is still going on under the new DCD; why is Mr. Durland still being ignored? What can be done to rectify and heal what he has already gone through?
by my last comment, I in no way mean to say that the planners are at fault here in the Durland case – we have and have had some very good planners with integrity. The fault, as I see it, has been from the top end – the management. I hope the new DCD head will fix this problem to Michael Durland’s satisfaction – and none too soon.