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jacobdrj
02-23-2010, 02:34 AM
A very interesting read. Too much government? Woman with questionable priorities? What do you think?


http://www.azcentral.com/community/swvalley/articles/2010/01/27/20100127-avondale-condemned-no-electricity.html#comments

Avondale condemns home: Solar, batteries insufficient
Avondale woman says city treated her unfairly

By Eddi Trevizo - Jan. 27, 2010 10:52 AM
The Arizona Republic

An Avondale woman who spent 11 days sleeping in her car said the city treated her unfairly when her home was condemned in December for lack of electricity.

But city officials said Christine Stevens violated building codes, a health and safety concern because Avondale homes are required to have heating systems and a running refrigerator.


Stevens, 47, was trying to make ends meet by powering her home with solar panels and batteries for several months before Avondale code enforcement officials visited her on Dec. 10.

"We explained to her that the panels weren't enough to sustain a quality of life there," said Pam Altounian, code enforcement manager for Avondale.

Stevens said she was not given adequate notice before officials gave her 24 hours to contact Arizona Public Service Co. to reconnect electricity or her home would be condemned.

Avondale said a code enforcement officer, Carlena Jones, inspected the property in the 2300 block of North 123rd Lane on Oct. 21 and Nov. 4 and left a notice of violation hanging on the door. According to case reports, both notices went unanswered.

"I acknowledged that I remembered seeing something but it didn't look official, and I only saw one. It looked like something from my homeowners association," said Stevens, who lives in the Rancho Santa Fe subdivision.

But Avondale records show Stevens told officials she had received both notices, marked: "Avondale code advisory." Both hangers give a notice of complaint and instructions to call a code officer.

Case documents cite a complaint from a neighbor in October. The unidentified woman complained about the property's appearance and said she believed there was no electricity powering the home.

When Stevens failed to contact Avondale after Nov. 4, Altounian contacted Avondale police and asked for information on her home.

Disputes with APS, Avondale

Police told the city that APS had filed a theft of services complaint on Sept. 14, said Reuben Gonzales, spokesman for Avondale police.

APS told police that the home had been disconnected from electricity since January 2009, but that an electric meter had been tampered with in September.

Stevens, who had a roommate and was in California at the time, said whoever tampered with the meter did so without her knowledge. As the homeowner, she took responsibility for the complaint, paid about $400, according to Avondale Municipal Court documents, and discontinued use of electricity.

"Once we received notification from police that she had been without electricity for some time, things changed and we were very concerned about health and safety at that point," Altounian said.

Avondale officials said Stevens was in violation of the city's building codes. The city requires homes to have enough electricity to power a refrigerator, cool a residence to no higher than 88 degrees and heat a residence to at least 68 degrees.

Stevens told The Republic that six solar panels and eight batteries in her home provided light and powered either a computer or a television for three bedrooms.

Stevens used an ice box for food and in September began to power a refrigerator with assistance from neighbors, who allowed her to run an extension-cord between the two homes.

She did not power heating or cooling systems, but said that she managed without them by using her pool in the summer and sweaters in the cooler months.

Layoff triggers financial woes

Stevens was laid off as a risk compliance officer for Wells Fargo Bank in January 2009. She has been working as a security guard for Trident Security Services, making $200 a week, since November, she said.

After a failed payment to APS in January 2009, her electricity was disconnected and Stevens decided to discontinue use of electricity in her home.

Stevens said she understood that officials were doing their job but felt they did not provide her housing assistance, despite informing them that APS would not be able to fix the meter for several days after Dec. 10.

APS spokesman Damon Gross confirmed that a winter storm "strongly impacted" the company around that time and that Stevens' electricity was reconnected on Dec.22.

Stevens said she informed Jones, the code enforcement officer, that she "had no place to go" and that she was grateful her dogs were allowed to remain in her property, because they didn't fit in her 1997 Mazda Miata with her.

Avondale officials said they unaware that Stevens was living in her car or they would have offered further assistance. Case reports show enforcement officials offered Stevens social services information on Dec. 10 and asked her if she had a place to stay on Dec. 15, to which she replied "yes."

Stevens said she had no knowledge of building codes and was unaware that solar panels must be inspected.

She has since paid about $1,338 to APS, including overdue fees dating to January 2009, theft of services payment, and reinstallation fees. Stevens is back at home but was unable to pay two mortgage payments
on the house and is now in danger of losing it, she said.

She hopes her ordeal will help others avoid similar mistakes.

"Electricity was the last thing on my mind," Stevens said.

boutons_deux
02-23-2010, 08:18 AM
Confiscated her home for an $1800 electricity bill?

I thought AZ was the heart of the West's Rugged Individualism and rock-ribbed Republicanism.

"The city requires homes to have enough electricity to power a refrigerator, cool a residence to no higher than 88 degrees and heat a residence to at least 68 degrees."

Just fucking wow, but the REAL problem was that APS wanted its money, and wanted to intimidate anybody contemplating going "off (their) grid".

RandomGuy
02-23-2010, 08:29 AM
Confiscated her home for an $1800 electricity bill?

I thought AZ was the heart of the West's Rugged Individualism and rock-ribbed Republicanism.


The free market solution for this is?

Any libertarian want to step up?

"Get a better job?" "work 120 hours a week?"

DarrinS
02-23-2010, 08:45 AM
I guess that stimulus did nothing for her?

coyotes_geek
02-23-2010, 08:56 AM
The free market solution is that it's her responsibility to figure out how to pay her bills. Beyond that, the city gave her the information about what social services were available to her and she wasn't interested.

doobs
02-23-2010, 09:17 AM
The free market solution is that it's her responsibility to figure out how to pay her bills. Beyond that, the city gave her the information about what social services were available to her and she wasn't interested.

The free market would also have something to say about the government interfering with someone's enjoyment of her property.

coyotes_geek
02-23-2010, 09:31 AM
The free market would also have something to say about the government interfering with someone's enjoyment of her property.

Only if you're someone who sees building codes and other measures that exist for public safety as free market intrusions. Personally, I don't.

doobs
02-23-2010, 09:32 AM
Only if you're someone who sees building codes and other measures that exist for public safety as free market intrusions.

Sometimes they can be. Obviously.

doobs
02-23-2010, 09:34 AM
Tell me about the public safety concerns addressed here.

101A
02-23-2010, 09:36 AM
Only if you're someone who sees building codes and other measures that exist for public safety as free market intrusions. Personally, I don't.

Free Market?

No

Property Rights?

Absolutely.

101A
02-23-2010, 09:36 AM
Tell me about the public safety concerns addressed here.

Operative word being "public".

coyotes_geek
02-23-2010, 09:43 AM
Tell me about the public safety concerns addressed here.

You don't see any safety concerns about living in a house without heating or air conditioning?

doobs
02-23-2010, 09:49 AM
You don't see any safety concerns about living in a house without heating or air conditioning?

I asked you to articulate the public safety concerns. And you responded with a question.

In any event, the reason why this is distressing is the use of condemnation for such stupid reasons. Condemnation is one of the more chickenshit justifications used when the government wants to exercise its power of eminent domain.

Even though her house wasn't taken, she'll likely end up losing it to foreclosure, in part because of the costs of complying with these regulations (fines, late fees, etc.). That sucks.

coyotes_geek
02-23-2010, 10:00 AM
Free Market?

No

Property Rights?

Absolutely.

So property rights trump public safety? If I want to build a high rise in downtown Los Angeles can I just say "it's my property I can do what I want" and not do any earthquake-proofing?

coyotes_geek
02-23-2010, 10:06 AM
I asked you to articulate the public safety concerns. And you responded with a question.

In any event, the reason why this is distressing is the use of condemnation for such stupid reasons. Condemnation is one of the more chickenshit justifications used when the government wants to exercise its power of eminent domain.

Even though her house wasn't taken, she'll likely end up losing it to foreclosure, in part because of the costs of complying with these regulations (fines, late fees, etc.). That sucks.

I responded with a question because I thought the dangers of allowing people to live in houses, in the desert, without air conditioning would be obvious. Was condemnation really neccessary? Perhaps not.

I like to think of myself as being pretty libertarian about most things, but I really don't think that the enforcement of building codes designed to protect people is some horrible infringement on someone's individual freedom. But to each their own.

doobs
02-23-2010, 10:09 AM
I responded with a question because I thought the dangers of allowing people to live in houses, in the desert, without air conditioning would be obvious. Was condemnation really neccessary? Perhaps not.

I know loads of people in San Antonio who do just fine without air conditioning. The humid heat of Texas is worse than the dry desert heat of Arizona, IMO. At least in Arizona it cools down at night.

But whatever.

doobs
02-23-2010, 10:12 AM
I like to think of myself as being pretty libertarian about most things, but I really don't think that the enforcement of building codes designed to protect people is some horrible infringement on someone's individual freedom. But to each their own.

Not all building codes are created equal, though. Wouldn't you agree? We're not talking about earthquake retrofitting in an LA high-rise.

Enforcing by condemnation a residential building code that requires air conditioning and heating is a little extreme.

doobs
02-23-2010, 10:15 AM
I don't think anyone is arguing for no regulations on the use of one's property. I'm not, at least. (And there's a difference between libertarian and anarchist.)

The discussion here is fact-specific to this woman in Arizona. Were the regulations reasonable? Was the enforcement reasonable? What does this portend for property rights?

coyotes_geek
02-23-2010, 10:19 AM
I know loads of people in San Antonio who do just fine without air conditioning. The humid heat of Texas is worse than the dry desert heat of Arizona, IMO. At least in Arizona it cools down at night.

But whatever.


Not all building codes are created equal, though. Wouldn't you agree? We're not talking about earthquake retrofitting in an LA high-rise.

Enforcing by condemnation a residential building code that requires air conditioning and heating is a little extreme.

I do agree, not all building codes are created equal. Each community has the right to set their own standards and each community has the right to enforce the standards that they set. In Arizona that community feels they need to require electricity. That's their right. Was the condemnation extreme? Perhaps.

doobs
02-23-2010, 10:24 AM
I do agree, not all building codes are created equal. Each community has the right to set their own standards and each community has the right to enforce the standards that they set. In Arizona that community feels they need to require electricity. That's their right. Was the condemnation extreme? Perhaps.

Again, I'm not sure anyone is disputing their right to set these kinds of standards (so long as the regulations and enforcement are constitutionally permissible, of course). We're debating the propriety of the regulations and the enforcement.

On the bright side, she was saved from her unairconditioned, unheated home and slept in her car. Her safety was provided for. The system worked!

nkdlunch
02-23-2010, 11:01 AM
arizona sounds like a communist state

ElNono
02-23-2010, 12:02 PM
You don't see any safety concerns about living in a house without heating or air conditioning?

In Arizona? I certainly do not. Uncomfortable? Yes. Required? Certainly not.

101A
02-23-2010, 12:07 PM
So property rights trump public safety? If I want to build a high rise in downtown Los Angeles can I just say "it's my property I can do what I want" and not do any earthquake-proofing?


Yeah, this is a woman's home; not a high rise hotel.

Strawman much?

coyotes_geek
02-23-2010, 12:16 PM
Yeah, this is a woman's home; not a high rise hotel.

Strawman much?

What difference does it make? Private property is private property, is it not?

SAGambler
02-23-2010, 12:17 PM
You don't see any safety concerns about living in a house without heating or air conditioning?

Well, I once lived in a house for 3 years with no heater, no a/c and a wood/charcoal fired hot water heater. No safety problems that I ran into. Sure, it's a bit inconvenient, but I made it fine.

Of course this was in another country where there were very few heaters or air conditioners, but believe me, people managed without them.

Of course my electric bill was like 5-10 bucks a month. Not like the average of 300 - 600 or so a month I have now.

coyotes_geek
02-23-2010, 12:28 PM
Well, I once lived in a house for 3 years with no heater, no a/c and a wood/charcoal fired hot water heater. No safety problems that I ran into. Sure, it's a bit inconvenient, but I made it fine.

Of course this was in another country where there were very few heaters or air conditioners, but believe me, people managed without them.

Of course my electric bill was like 5-10 bucks a month. Not like the average of 300 - 600 or so a month I have now.

I'm not disputing that people can survive without heaters and air conditioning. I'm saying that communities have the right to enact and enforce building codes as they deem appropriate for public safety.

doobs
02-23-2010, 12:32 PM
What difference does it make? Private property is private property, is it not?

Please tell me you understand the difference. If a high-rise in downtown LA collapses during an earthquake, lives will be lost. Not just those inside the building . . . but also many of those people walking on the street beneath the building, or working inside a neighboring building that the high-rise collapses on, etc.

Any regulation on use of property is intrusive, so it must be justified on some grounds. I think everyone agrees that the earthquake retrofitting is justified for a high-rise in downtown LA. But the regulations at issue here, not so much. Why make such a weak comparison?

Blake
02-23-2010, 12:33 PM
Housing enforcement codes are definitely necessary for rentals to make sure that owners at least meet minimum housing standards.

If it's not affecting the people around them, I'm not so sure about how far they should go when enforcing an owner occupied property in this regard. I don't see why someone should be forced to have electricity if they don't want it.

coyotes_geek
02-23-2010, 12:54 PM
Please tell me you understand the difference. If a high-rise in downtown LA collapses during an earthquake, lives will be lost. Not just those inside the building . . . but also many of those people walking on the street beneath the building, or working inside a neighboring building that the high-rise collapses on, etc.

Any regulation on use of property is intrusive, so it must be justified on some grounds. I think everyone agrees that the earthquake retrofitting is justified for a high-rise in downtown LA. But the regulations at issue here, not so much. Why make such a weak comparison?

I don't think it's a weak comparison. I think it's a good illustration to my point that private property rights don't get to trump everything else. Clearly the elected officials in Avondale AZ thinks that their code is justified, or else they wouldn't have made it a code in the first place. We're all free to disagree with that justification, but it's not up to us. It's Avondale's call to make.

ElNono
02-23-2010, 01:54 PM
Notice that 'safety' had nothing to do with the original complain...


Case documents cite a complaint from a neighbor in October. The unidentified woman complained about the property's appearance and said she believed there was no electricity powering the home.

Just some dick neighbor having an opinion on the house looks...

Winehole23
02-23-2010, 02:08 PM
In this case it very much appears "safety" is a bureaucratic rationalization for turning an elderly, unemployed lady out of her own house at the behest of her dickhead neighbor (and any others who might have been more worried about their property values than they were about their neighbor.)

C'est la (adjectival) guerre.

Blake
02-23-2010, 04:27 PM
Luckily for her it was just the city and not an HOA coming after her.

jacobdrj
02-24-2010, 11:57 AM
What is the weather like in AZ?... I live in south east MI, we go anywhere from -14 F to 100 F (at 95% humidity)... I have never had a 'need' for AC, but it certainly was nice, but heating of some kind in the winter is a 100% must. As far as a fridge, it is important for fresh foods in the summer, but in the winter, you can store a lot of less risky foods outside if you run out of freezer space...