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Nichols sets goals to enforce all codes
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| City Manager Glenn Nichols is planning to enforce all city codes as the city moves forward with an investigation into prospective safety violations at local manufactured home parks. (Photo by Thelma Grimes) |
Thelma Grimes
SAN PEDRO VALLEY NEWS-Sun
Benson City Manager Glenn Nichols is taking a tougher stance on zoning code violations, with investigations now under way to address safety concerns at manufactured home parks throughout the community.
In fact, Nichols said he talked with Public Works Director Brad Hamilton about his concerns long before the July 27 meeting where the City Council voted to direct staff to check into the validity of complaints levied against the Stage Coach Trails Manufactured Home Park in west Benson.
The allegations were levied against the park by neighbor Glen Jenkins.
In a lengthy letter requesting that the issue be put on a council agenda, Jenkins claimed the trailer park, managed by former City Councilwoman Dianne Tipton, violates city codes by having oversized trailers in the lot spaces, noting his main concern is with the trailer right next door to his home.
Jenkins describes, in detail, altercations with Tipton that date back to December when he says he realized "I could lose some of my property if I didn't stop neighbors from driving over it."
The alleged over-sized trailer was parked next to his home in April, Jenkins said.
While the council has only discussed the matter in a closed-door meeting, Mayor Mark Fenn said the staff was given direction to proceed with the investigation because a resident has submitted a complaint.
"With the citizen's complaint, we had to repsond," Fenn said. "In doing that it brought other safety concerns to light. I'm all for enforcing the code, but at the same time, there is a question of code interpretation."
Nichols, said the city is not getting involved in an argument between neighbors, but instead is looking at the handful of manufactured home parks in the community to assure that all planning and zoning codes are being followed.
"We are not getting involved in a dispute," Nichols said. "Before this even happened I had gone to Brad Hamilton saying we have to enforce city code. My feeling is the code is in place, it has been approved and that's what everyone should work to enforce."
Nichols said he thought is was important for the City Council to discuss the matter in executive session, giving him and Hamilton an opportunity to update them on what has been happening.
Nichols began putting an action plan in place long before the council voted on July 27, noting that he has had concerns with issues he can see from driving through the parks, noting some of those obvious problems include setback violations, large trailers parked on small lots and some safety concerns with some of the gas and electric utilities.
In the case of Stage Coach Trails, Jenkins is raising concerns with not only the setback of the trailer next door, but also with its being a 50-foot building that is too big for the lot.
Hamilton said while it is still too early to make any decisions, they will be reviewing planning and zoning codes to assure safety in the manufactured home parks.
Hamilton said Stage Coach Trails, owned by Jay Kendrick, is zoned R-3.
With that zoning, the lot size has to be a minimum of 5,000 square feet. However, city officials said the problem with making sure trailers aren't too big for the lot is a problem right now.
Part of the investigation will be on whether or not is legal for park owners to place trailers on lots at an angle, making more room for more trailers.
When parked at an angle, there are cases where more than one trailer is parked on a particular lot.
Hamilton said there have been discussions of what setback is legal. The city has standards, and the fire department also has standards, he said.
All of the issues will be investigated and the question of setback and lot sizes is one of many to be answered by the city building department in coming weeks.
Hamilton agreed with Nichols that this is not about looking at a complaint filed against one park by a neighboring resident but is about enforcing the code consistently throughout the entire city.
Nichols called the current step part of the process where he is trying to clean up the town, noting that as part of another city code, staff has already begun citing building and property owners for trash and weeds that violate city code.
While enforcing a code to require a property owner to clean up a piece of property may be simple, enforcing the codes in manufactured homes that have seemingly been forgotten through the years may be a lot tougher.
This is not the first time the city has tried to force park owners to follow codes designed to protect park residents.
In 2007, city inspector Jeff Smith submitted a lengthy report to staff and council on the code violations and safety concerns for a park on Patagonia Street. The report not only described the violations at length, but it also had pages of photos showing the problems.
Former city managers Boyd Kraemer and Martin Roush also stressed the importance of enforcing city codes at the local manufactured home parks. However, once politics got in the way, or projects of higher priority came up, the report and promises to enforce code were forgotten.
When asked about the revived promise to enforce codes, Nichols said he understood how the former city managers may have moved on to other things, but he isn't wired that way and will see this through.
How the city will see it through remains a mystery for now. Hamilton said they are just getting started on the investigation, and it will take a lot of work to pull permits on the local parks, do on-site inspections, prepare reports and then proceed to notify property owners of violations as instructed by City Attorney Michael Massey.
Besides the possibility of other projects deflecting staff attention in the future, Nichols is also going to face strong opposition from park owners and park manager Tipton, who manages at least two parks in town.
Tipton, along with former City Councilwoman Kathy Suagee, voiced their opposition during the July 27 meeting. The two called the allegations levied against Stage Coach Trails by Jenkins a vendetta, and questioned the council on why they would discuss the matter in an executive session where neither they nor the public could hear what the issues are.
When Smith's 2007 report came out, park owners argued they were being treated unfairly. What will happen once the city moves forward with inspecting parks, citing violations and enforcing codes is still to be determined.
SAN PEDRO VALLEY NEWS-Sun
Benson City Manager Glenn Nichols is taking a tougher stance on zoning code violations, with investigations now under way to address safety concerns at manufactured home parks throughout the community.
In fact, Nichols said he talked with Public Works Director Brad Hamilton about his concerns long before the July 27 meeting where the City Council voted to direct staff to check into the validity of complaints levied against the Stage Coach Trails Manufactured Home Park in west Benson.
The allegations were levied against the park by neighbor Glen Jenkins.
In a lengthy letter requesting that the issue be put on a council agenda, Jenkins claimed the trailer park, managed by former City Councilwoman Dianne Tipton, violates city codes by having oversized trailers in the lot spaces, noting his main concern is with the trailer right next door to his home.
Jenkins describes, in detail, altercations with Tipton that date back to December when he says he realized "I could lose some of my property if I didn't stop neighbors from driving over it."
The alleged over-sized trailer was parked next to his home in April, Jenkins said.
While the council has only discussed the matter in a closed-door meeting, Mayor Mark Fenn said the staff was given direction to proceed with the investigation because a resident has submitted a complaint.
"With the citizen's complaint, we had to repsond," Fenn said. "In doing that it brought other safety concerns to light. I'm all for enforcing the code, but at the same time, there is a question of code interpretation."
Nichols, said the city is not getting involved in an argument between neighbors, but instead is looking at the handful of manufactured home parks in the community to assure that all planning and zoning codes are being followed.
"We are not getting involved in a dispute," Nichols said. "Before this even happened I had gone to Brad Hamilton saying we have to enforce city code. My feeling is the code is in place, it has been approved and that's what everyone should work to enforce."
Nichols said he thought is was important for the City Council to discuss the matter in executive session, giving him and Hamilton an opportunity to update them on what has been happening.
Nichols began putting an action plan in place long before the council voted on July 27, noting that he has had concerns with issues he can see from driving through the parks, noting some of those obvious problems include setback violations, large trailers parked on small lots and some safety concerns with some of the gas and electric utilities.
In the case of Stage Coach Trails, Jenkins is raising concerns with not only the setback of the trailer next door, but also with its being a 50-foot building that is too big for the lot.
Hamilton said while it is still too early to make any decisions, they will be reviewing planning and zoning codes to assure safety in the manufactured home parks.
Hamilton said Stage Coach Trails, owned by Jay Kendrick, is zoned R-3.
With that zoning, the lot size has to be a minimum of 5,000 square feet. However, city officials said the problem with making sure trailers aren't too big for the lot is a problem right now.
Part of the investigation will be on whether or not is legal for park owners to place trailers on lots at an angle, making more room for more trailers.
When parked at an angle, there are cases where more than one trailer is parked on a particular lot.
Hamilton said there have been discussions of what setback is legal. The city has standards, and the fire department also has standards, he said.
All of the issues will be investigated and the question of setback and lot sizes is one of many to be answered by the city building department in coming weeks.
Hamilton agreed with Nichols that this is not about looking at a complaint filed against one park by a neighboring resident but is about enforcing the code consistently throughout the entire city.
Nichols called the current step part of the process where he is trying to clean up the town, noting that as part of another city code, staff has already begun citing building and property owners for trash and weeds that violate city code.
While enforcing a code to require a property owner to clean up a piece of property may be simple, enforcing the codes in manufactured homes that have seemingly been forgotten through the years may be a lot tougher.
This is not the first time the city has tried to force park owners to follow codes designed to protect park residents.
In 2007, city inspector Jeff Smith submitted a lengthy report to staff and council on the code violations and safety concerns for a park on Patagonia Street. The report not only described the violations at length, but it also had pages of photos showing the problems.
Former city managers Boyd Kraemer and Martin Roush also stressed the importance of enforcing city codes at the local manufactured home parks. However, once politics got in the way, or projects of higher priority came up, the report and promises to enforce code were forgotten.
When asked about the revived promise to enforce codes, Nichols said he understood how the former city managers may have moved on to other things, but he isn't wired that way and will see this through.
How the city will see it through remains a mystery for now. Hamilton said they are just getting started on the investigation, and it will take a lot of work to pull permits on the local parks, do on-site inspections, prepare reports and then proceed to notify property owners of violations as instructed by City Attorney Michael Massey.
Besides the possibility of other projects deflecting staff attention in the future, Nichols is also going to face strong opposition from park owners and park manager Tipton, who manages at least two parks in town.
Tipton, along with former City Councilwoman Kathy Suagee, voiced their opposition during the July 27 meeting. The two called the allegations levied against Stage Coach Trails by Jenkins a vendetta, and questioned the council on why they would discuss the matter in an executive session where neither they nor the public could hear what the issues are.
When Smith's 2007 report came out, park owners argued they were being treated unfairly. What will happen once the city moves forward with inspecting parks, citing violations and enforcing codes is still to be determined.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Professionalism wrote on Aug 12, 2009 8:36 AM:
" If Tipton or Suagee was on the mayor and Fenn was the trailer park manager I expect this would have been another circus. Thank you city staff and council for addressing Jenkins conerns professionally. "
WTH wrote on Aug 12, 2009 9:29 AM:
" Tipton put Mayor Fenn and Nicholes on the spot when she was on the city council. They did not appreciate being held accountable. Now that she is off the council, it is pay back time. Any report made should have been held at a open council meetings, not behind closed doors. Is former VP Chaney the city’s advisor? "
Complaint wrote on Aug 12, 2009 3:29 PM:
" If any setbacks should be investigated, it should be those of Mayor Fenn's commercial retail property with the Subway, and the new dental building which his company constructed. These buildings were constructed shockingly close to the other preexisting establishments. "
Paul wrote on Aug 12, 2009 8:50 PM:
" Quoting from the article, "While the council has only discussed the matter in a closed-door meeting, Mayor Mark Fenn said the staff was given direction to proceed with the investigation because a resident has submitted a complaint."
If such a directive was actually handed down it is a clear violation of the state's Public Meetings Law. Considering Fenn's recent problems, one would think he'd be following the law to the letter. Morevoer, there are countless examples of complaints from residents that were ignored.
The article also refers to a vote on July 27. In actuality, there was no vote by the council on this issue at that meeting.
Regarding the vendetta, it looks to me like a vendetta against Mrs. Tipton by the newspaper. "
If such a directive was actually handed down it is a clear violation of the state's Public Meetings Law. Considering Fenn's recent problems, one would think he'd be following the law to the letter. Morevoer, there are countless examples of complaints from residents that were ignored.
The article also refers to a vote on July 27. In actuality, there was no vote by the council on this issue at that meeting.
Regarding the vendetta, it looks to me like a vendetta against Mrs. Tipton by the newspaper. "
Fair Play wrote on Aug 13, 2009 11:31 AM:
" Thelma,
Why have you ignored the other side of the story? Anyone who understands fair play and good journalisim sees what is going on here. I noticed that the paper is shrinking. I hope it shrinks right out of Benson. You didn't even try to get any comment from the business owner you just once again tried to bend the facts to fit your agenda. Where are the News Papers ethics and yours Thelma good grief "
Why have you ignored the other side of the story? Anyone who understands fair play and good journalisim sees what is going on here. I noticed that the paper is shrinking. I hope it shrinks right out of Benson. You didn't even try to get any comment from the business owner you just once again tried to bend the facts to fit your agenda. Where are the News Papers ethics and yours Thelma good grief "
Noni wrote on Aug 13, 2009 2:14 PM:
" Professionalism: It was anything but professional the way the issue was handled. The Planning and Zoning Commission was completely by-passed. It was improper to take the issue to a closed meeting. It would have been proper to have the P&Z Commission hold an investigation with the results to be made public. It is the “Sneaky Snake” secret meeting that was wrong. If this park has all of the proper permits as it claims. look out for another law suite Benson. Now everyone with a issue can run right to the city council and by-pass proper procedures. WRONG. "
Frank Edward Blanchard wrote on Aug 13, 2009 3:42 PM:
" It all looks bad amd smells Bad.
On one Hand you can say this is a payback and vengeance?
However on another hand is it the old problem coming back in old man seeking vengeance anyway he can. Causing more problems than he is worse.
However city officials should be intelligent enough to see it for what it is. May to investigate the perpetrators of these allegations for their true intentions, mayhem and trouble.
Last year or so has been quite a year for Benson with all the political infighting going on. Now that's over move on.
If you open old wounds you may get more than bargained for.
Where's the documentation on education excellence for the city manager???
Bensen is Benson and always done things their way.
However when it smells bad it looks bad for the community.
My opinion move on I have.
To old man would hate in their hearts causing more difficult than they are worth.
Move on city officials move on
payback is not a good idea "
On one Hand you can say this is a payback and vengeance?
However on another hand is it the old problem coming back in old man seeking vengeance anyway he can. Causing more problems than he is worse.
However city officials should be intelligent enough to see it for what it is. May to investigate the perpetrators of these allegations for their true intentions, mayhem and trouble.
Last year or so has been quite a year for Benson with all the political infighting going on. Now that's over move on.
If you open old wounds you may get more than bargained for.
Where's the documentation on education excellence for the city manager???
Bensen is Benson and always done things their way.
However when it smells bad it looks bad for the community.
My opinion move on I have.
To old man would hate in their hearts causing more difficult than they are worth.
Move on city officials move on
payback is not a good idea "
concerned for residents wrote on Aug 14, 2009 11:53 PM:
" The code and zoning laws are a joke they only pertain for the citizens or elected offcials that have clout or money. The city is so focused on paying attorney fees on personel agendas with Govt, elected officials. Nichols citizens having been complaining for years about violations in the block of east 5th street. Nichols if your a man of your word take action. Enforce the city codes and make the these property owners accountable. "
Brad wrote on Aug 15, 2009 2:01 AM:
" Thelma Grimes cannot be trusted with anything, why bend the truth Thelma. Thelma is not a reporter she is a one sided opinion. "
Benson Boy wrote on Aug 16, 2009 10:43 AM:
" We all know that this is pay back for something that has happened in the past. If there oversized units on the lots, they had to be approved by the City of Benson and they should be grandfathered in. Why should this town be run by the ramblings of an old man trying to do whatever he can to give Diane Tipton pay back. Has anyone seen the signs with the fire numbers are gone.....This should lead to a family
haveing a serious disaster in case of a fire. I would not want to see the City of Benson get sued over this one. Im all for inforcing the rules and regulations of the City of Benson but whats done is done....get a life and move along.
Just another case of a few trying to control the rest of us. "
haveing a serious disaster in case of a fire. I would not want to see the City of Benson get sued over this one. Im all for inforcing the rules and regulations of the City of Benson but whats done is done....get a life and move along.
Just another case of a few trying to control the rest of us. "
Oh Yea wrote on Aug 17, 2009 2:22 AM:
" Oh yea, another lawsuit is on it's way and it is about time. I hope this park owner sues the heck out of this city and the paper too if it can.
I hope each council member can be sued.
We have a Mayor that has pressured staff to altar site plans on dental buildings and eliminate certain code enforcement to benifit himself.
Then you have this park owner that has abided completely by the law and codes of Benson and the so called City Manager joins forces with 3 idiots in town to fabricate and insinuate violations at this park, when in actuality NONE exist.
Any of you can check the public records and see that all site plans were approved and all permits were issued and that the home in question has been green tagged by the STATE of AZ and approved for occupancy. You can't get a permit to set a home by the State of AZ until you recieve site plan approval and a permit from Benson. You can't get a permit for set backs from Benson until the site plan has been approved by P&Z. This reeks with vendetta and shows the incompetency of Nichols.
Nichols has no business being the city manager and he is prooving it right here and right now. I believe that the City of Benson is in for another bunch of law suits from residence trying to protect themselves and their property from the
local government.
Manufactured park owners need to unite because some of our so called city officials want your property and what better way to get it than try to impose code upgrades that don't apply.
Home owners also need to be afraid. If you have an older home, Nichols and Fenn want to make you bring everything up to the new codes. This is alarming. You will literally loose your homes and I'll bet I know who will be there to buy them. "
I hope each council member can be sued.
We have a Mayor that has pressured staff to altar site plans on dental buildings and eliminate certain code enforcement to benifit himself.
Then you have this park owner that has abided completely by the law and codes of Benson and the so called City Manager joins forces with 3 idiots in town to fabricate and insinuate violations at this park, when in actuality NONE exist.
Any of you can check the public records and see that all site plans were approved and all permits were issued and that the home in question has been green tagged by the STATE of AZ and approved for occupancy. You can't get a permit to set a home by the State of AZ until you recieve site plan approval and a permit from Benson. You can't get a permit for set backs from Benson until the site plan has been approved by P&Z. This reeks with vendetta and shows the incompetency of Nichols.
Nichols has no business being the city manager and he is prooving it right here and right now. I believe that the City of Benson is in for another bunch of law suits from residence trying to protect themselves and their property from the
local government.
Manufactured park owners need to unite because some of our so called city officials want your property and what better way to get it than try to impose code upgrades that don't apply.
Home owners also need to be afraid. If you have an older home, Nichols and Fenn want to make you bring everything up to the new codes. This is alarming. You will literally loose your homes and I'll bet I know who will be there to buy them. "
Liar liar pants on fire wrote on Aug 17, 2009 2:36 AM:
" The only thing that happened to Jenkins in December was that his brother in law Nile Hansen's trailer was evicted from the park in question. Hansen NEVER lived in the park but he owned a home located in a space in the park. In Dec., Hansen was ordered by the Superior Court to remove his home from the park for making threats. This ruling was upheld after an appeal by Hansen. This is all public record, check it out the News Sun won't tell you.
Hansen, Haupt and Jenkins have been filing false complaints against this park for two years. The park owner has been very patient but no one should confuse his courtesy for a weakness.
I'll bet they have carried this harrassment too far this time. I know this park owner and I smell lawsuits against these three coming up soon. I sure hope so they certainly need to be stopped. "
Hansen, Haupt and Jenkins have been filing false complaints against this park for two years. The park owner has been very patient but no one should confuse his courtesy for a weakness.
I'll bet they have carried this harrassment too far this time. I know this park owner and I smell lawsuits against these three coming up soon. I sure hope so they certainly need to be stopped. "
Ernie wrote on Aug 17, 2009 8:31 AM:
" If Tipton lights a match this newspaper would report she started a major fire. The News Sun will never get over the fact that Tipton and Suagee did not dance to their tune. "
Kate J wrote on Aug 17, 2009 8:36 AM:
" The paragraph saying “Hamilton agreed with Nichols that this is not about looking at a complaint filed against one park by a neighboring resident but is about enforcing the code consistently throughout the entire city.” Should be listed under -Joke of the week. "
Your right Kate wrote on Aug 17, 2009 11:21 AM:
" That statement by Nichols and Hamilton shows the intent of the executive session being put on the agenda. It was to slander the park and the owner of the park Try to make it look like there were violations when there are none. No one has an executive session over a set back issue unless of course you want to make sure that the news paper gets the story. What kind of people do we have running our government in Benson, The Gustopo?
Tipton and Suagee tried to warn us they were RIGHT!!!!!!!!!!!!!!!!!! "
Tipton and Suagee tried to warn us they were RIGHT!!!!!!!!!!!!!!!!!! "
Yea Right wrote on Aug 17, 2009 1:14 PM:
" Kate J . you need to read the article again. I do believe it said Manufactured Parks. If they were to do the whole city . Some would be sticking their foot in their mouth. If they havn't already "
web of intrigue wrote on Aug 17, 2009 8:02 PM:
" The neat thing about people like Fenn and Nichols, is that they are so arrogant they will eventually get caught up in their own schemes. "
of course wrote on Aug 18, 2009 8:00 AM:
" Well, of course Tipton is going to file a lawsuite. She is Bensons hot headed drama queen of the year. If Tipton and her son, are innocent she should be relaxed knowing the facts will speak for themselves Perhaps, the lawsuit is just another one of her attempts to distract the publiic from the entire issue. "
You read it again wrote on Aug 18, 2009 1:56 PM:
" To Yea right, if you read the article you will see that they claim to the news paper that the executive session was not really about Stagecoach Trails but about all parks.
Two problems. They specifically named ONE park not all parks insinuating that that particular park has violations. It does not. The other problem is the city can not single out Manufactured home parks to enforce new city codes. They MUST do it to everyone if they do it to the parks. This means they can do it to you too .
How are your set backs? Do they meet todays codes or are they like this park, granfathered in to the codes that existed when the park was built just like your home. If the residents don't rise up to this kind of bully efforts by this cities administration, you will all be in danger of loosing your homes.
You had better be listening to me. I am telling you the truth. The city can not discriminate and selectively enforce new code adherences just to Manufactured Home parks.
This means they will soon be after your home.
I'll bet that Mark Fenn will claim that the Dental building on 4th street that he built that is only about 4 feet from the resturant next door is GRANFATHERED on the set backs. In fact I will bet he will claim that on all three of his buildings on 4th street.
Seems what is good for the goose is not good for the gander. Mark Fenn being the goose.
I say let's check it out. In fact I will. "
Two problems. They specifically named ONE park not all parks insinuating that that particular park has violations. It does not. The other problem is the city can not single out Manufactured home parks to enforce new city codes. They MUST do it to everyone if they do it to the parks. This means they can do it to you too .
How are your set backs? Do they meet todays codes or are they like this park, granfathered in to the codes that existed when the park was built just like your home. If the residents don't rise up to this kind of bully efforts by this cities administration, you will all be in danger of loosing your homes.
You had better be listening to me. I am telling you the truth. The city can not discriminate and selectively enforce new code adherences just to Manufactured Home parks.
This means they will soon be after your home.
I'll bet that Mark Fenn will claim that the Dental building on 4th street that he built that is only about 4 feet from the resturant next door is GRANFATHERED on the set backs. In fact I will bet he will claim that on all three of his buildings on 4th street.
Seems what is good for the goose is not good for the gander. Mark Fenn being the goose.
I say let's check it out. In fact I will. "
To of course wrote on Aug 19, 2009 12:40 PM:
" No where does anyone claim that Mrs. Tipton is sueing anyone or intends to. Do you work for the News Sun. Your facts are all screwed up. "
Careing LDS wrote on Aug 22, 2009 9:53 PM:
" It bothers me greatly that other LDS are acting so hateful and vengeful. I thought that the scriptures taught "Vengence is MINE sayeth the Lord".
Mr. Haupt, Hansen, Jenkins and even Mayor Fenn (all LDS) must have forgotten who they are and who they represent and about how we are to treat each other.
Makes one ashamed to call themselves LDS. Please stop all of this and restore yourselves to what is right.
I am embarassed. "
Mr. Haupt, Hansen, Jenkins and even Mayor Fenn (all LDS) must have forgotten who they are and who they represent and about how we are to treat each other.
Makes one ashamed to call themselves LDS. Please stop all of this and restore yourselves to what is right.
I am embarassed. "
Zeke wrote on Aug 12, 2009 7:58 AM: