Every
government, from the federal level to the municipal level must actively have a
balance of power. The executive, legislative and judicial branches are
necessary for proper checks and balance on each other. Authority is given to each branch so that it
may execute its duties properly and in accordance with its own specific role.
This is government 101.
The current
situation that we have with talks of reducing the role, discretion and
authority of the Housing Board of Adjustments and Appeals is one of great
concern. There is even talk of eliminating the board as a whole.
The HBAA
provides a vital role as it acts as part of the judicial branch of government.
Every branch of enforcement and executive authority must have an equal branch
of the judiciary. In this case, the HBAA acts as the judiciary to Neighborhood
Services and Code Compliance which is an extension of the executive branch and
enforces the housing code. The role fits perfectly in the system we have as it
provides an independent entity to settle disputes between NSCC and those they
issue citations to.
Removing the
HBAA’s authority or eliminating the board would be a blow to due process when
dealing with disputes that arise from alleged housing code violations. Every
individual who is accused of a housing code violation or murder must be given
the opportunity through due process to defend him or herself.
The great
misconception is that landlords are the only ones that benefit from the HBAA.
This is not true. Every property owner, whether a landlord or homeowner,
property manager or a commercial business owner, has a right to appeal their
cases to the HBAA.
So the
question becomes what happens if we remove the authority or eliminate the HBAA?
Several things will happen.
- · We remove an effective step in the course of due process where issues get resolved quickly and fairly.
- · We will increase the cost for the city and for those accused of housing infractions. The current board consists of volunteers. If this board is eliminated then the Circuit Court of Wicomico County is where all appeals will go. This will create a greater burden on a court system that is already overloaded. It will also create a greater burden on taxpayers as Circuit Court costs money to run to pay the judges, clerks and bailiffs.
- · The other cost is the City Attorney or Solicitor will be required to act as a prosecutor and will require additional funds to account for his time prosecuting housing code violations in Circuit Court.
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This
then puts citizens at a legal disadvantage and they may need to hire attorneys
to defend themselves. Certainly great for the legal business but many things
will cascade from here such as fines being increased to account for added costs
or the other extreme where enforcement is reduced to a point where issues are
never addressed.
The HBAA
provides a perfect low cost solution to fulfilling our need for a balance of
power when certain and specific types of laws or codes, such as housing codes,
are being enforced. The HBAA keeps the executive and the legislative branch’s
powers in check and they keep the board’s powers in check through appointments
and legislation.
