News

Ordinance enforcement under scrutiny in Caledonia Twp.

By NATHAN BRUTTELL, Argus-Press Staff Writer

Wednesday, October 29, 2008 9:10 AM EDT

CALEDONIA TWP. - In larger cities, when an ordinance needs enforcement, the police department works in collaboration with the city.

In Caledonia Charter Township, Supervisor Joe DeCaire and enforcement officer Kirk Newman do the job.

DeCaire's role is under scrutiny after a resident complained to the township board about DeCaire at a recent meeting.

“He doesn't know what he's enforcing and he doesn't have any feeling for the farmers,” resident Hank Kuchar said.

Kuchar, who compared DeCaire to a dictator several times, said DeCaire is harassing him about unused farm equipment on his property.

“I'm not harassing - I'm not picking on one person only,” DeCaire said. “It's something that needs to be done.”

DeCaire said he visited the Kuchars about an unused combine more than a year ago and asked it be moved or used in accordance with a local ordinance.

Newman, who also works part-time as a deputy for the Saginaw County Sheriff's Department and as a patrolman for the New Lothrop Police Department, said the stationary vehicle violates the ordinance.

“Motor vehicles that don't operate, under the ordinance, need to be stored,” he said. “They have to be inside a building.”

Newman said he also works as an enforcement officer for other townships with similar ordinances. When he issues a citation, he said, it is usually after months of communication between the township and residents.

“Citations, in my opinion, are a last resort,” he said. “If they're showing progress, we will work with them. Some people just don't do it.”

According to the Michigan Township Association Handbook, “the supervisor may engage in the following activities and duties if they have not been delegated by the superintendent: To see that all laws and township ordinances are enforced.”

Kuchar said he has a problem with the law and DeCaire's enforcement.

“The ordinances shouldn't be enforced on agriculture,” he said. “It's like, ‘do it or else you're going to get fined.'”

During a recent meeting, DeCaire brought up Kuchar's situation with the board. A few of the trustees on the board disagreed with DeCaire.

“I think that he seems to think he can run the whole show,” said Trustee Joe Janca. “I don't think much of the way he's handling it.”

Janca also said he has issue with the ordinances.

“The code we have in there now, there is no way you're going to enforce it,” he said. “We'll have to write up everyone in the township. Every farmer that has been out here for 40 years has a junkyard in the woods. We're going to have to do something about it.”

Trustee Ed Bruckman said he didn't like DeCaire enforcing long-term problems alone without the board's knowledge.

“I don't disagree with (DeCaire) that he has the authority to do it,” Bruckman said. “It just seems like he thinks we don't need all seven (board members) if he's going to run everything.”

Bruckman said he didn't want residents to feel harassed in the township.

“I don't want to make exceptions,” he said. “I just want everybody treated equally...you can't pick and choose on the ordinances.”

Bruckman said he would like to see a report on all ordinance violations that are “extreme,” like the case with the Kuchars.

DeCaire said he would have no problem updating the board with reports.

“Sure we could do that,” he said. “Like I said, I'm not trying to pick on anyone - I'm just trying to do the best I can.”

The board hopes to meet with a lawyer regarding DeCaire's role in enforcement at the next meeting on Nov. 17.

- Contact Nathan Bruttell at 725-5136 extension 231 or nbruttellarguspress@gmail.com.

Comment on this Story

get real wrote on Nov 1, 2008 1:02 PM:

" I get totally disgusted with all the "city people" who own maybe a city lot and then want to tell everyone else what to do with their property!

Keep your nose in your own property!

I could care less what Mr Kuchar (or anyone else) has on their property. If your eyes get so sore, then buy all the property within your eyesight and clean it up to suit your fancy!

There are also state laws concerning agriculture that these local ordinance may be in violation of. Not all local ordinances are legal!

By-the-way, Joe DeCaire is so concerned about what others have in their yard or on their property, how come he has to have a six foot privacy fence around his property? What is he hiding behind that fence? Is that fence even in compliance with the local ordinance?

I don't think so. "

Elizabeth S wrote on Oct 30, 2008 8:41 AM:

" Regarding your October 29th article "Ordinance Enforcement Under Scrutiny in Caledonia Twp." Have you been to the Shiawassee Fair grounds? Just look across the street at the Kuchar property. It is not just old farm equipment that has not run in years. There is a very big bulldozer without a blade that has not run in 20 years, along with other abandoned commericial construction equipment and scrap metal, including very large old & rusty drain tubes. This is not only an agricultural matter. Nor is it selective enforcement against a farmer like Mr. Janca and Bruckman seem to beleive or are attempting to imply. I wonder if Mr. Janca or Mr. Bruckman have even taken the time to look at the Kuchar prperty. If the Caledonia Charter Township Board does not want "their" ordinances enforced, why did they hire a law enforcement officer to enforcement them? Laws and ordinances have to be enforced equally throughout the township. We do not tell the Chief of Police or Sheriff to only write tickets to people from other counties, so how can you make exceptions to a resident who happens to be connected to certain board members in one way or another? I fail to see where Mr. Kuchar is being harrased. Is a speeding motorist who gets a ticket being harrassed or is the officer enforcing the law? I have been told that Mr. Kuchar has not even been written a ticket yet, despite he was informed about the violations on his property over a year ago. As a previous member of a local township board, my recommendation to Mr. Janca and Mr. Bruckman is; if you do not want our township ordinances enforced, then change them with a majority vote. If you want to sit on our township board and collect pay from our tax dollars without equally enforcing the ordinances; find a new job.

I applaud Mr. Decaire's and Officer Newman's efforts to clean up our township. Vistor's who go to our County Fair Grounds should not leave with the impression that Shiawassee County is "back woods" and continues to allow residential property to be utlizied as make-shift junk yards. "

Chris wrote on Oct 30, 2008 7:33 AM:

" I dont think anyone should be able to leave any vehicles or equipment that is not running allowed to just sit around on their property whether they live on a farm or in the city....its an eye soar and can be bad for the environment if it is leaking any fluids too! As far as these farmers having junk yards in their woods-well make them clean it up! People have somehow come to the conclusion that if they live in the country that they can act like hillbillies and wont be bothered by laws or police! Either sell or store the unused combine in a sheltered area and get over it! Joe is just doing his job and even if you got rid of him, the next person would be expected to do the same thing by a tx payer like me! "

BERNICE wrote on Oct 30, 2008 12:23 AM:

" I personally feel there are more important issue than a combine sitting in a field out in the country.Why not try to clean up the commercial district that thousands of people see each day? For instance a house on M21 at Elizabeth Dr. that has been condemed for 30 years.The house is a danger & an eyesore,its about to fall down, there are wild cats everywhere,the weeds, trees,& vines are growing wild. Why wouldn't you concentrate on issues of this multitude instead of a combine very few people would see or even care about. We need to beautify our community so strangers want to come back to our town. "

Al wrote on Oct 29, 2008 8:18 PM:

" According to Kuchar, the "ordinances shouldn't be enforced on agriculture".

Two points:

1) The ordinance isn't being enforcd on agrdiculture. It's being enforced on a vehicle that hasn't been moved or used in over a year.

2) To exempt any special interest (ie: agriculture) from ordinance enforcement would be akin to handing the key to pandora's box to any special interest who feels they should be able to ignore ordinances for whatever reason.

A hypothetical: Let's say the township gave a pass to Kuchar and his combine. Then, Home Depot piles a few hundred used pallets between their parking lot and M-21....but they are piled NEATLY. Kuchar got a pass. Who is the township, after giving Kuchar and his combine a pass, to demand Home Depot to remove the pile of pallets that is placed in violation of township ordinance? Home Depot pays more taxes than Kuchar would ever pay in his worst nightmare. They are an even MORE special special interest. Whose interest is more special...and do the citizens of Caledonia Township really even want to go there? Or would they rather have their ordinances enforced as needed? "