Permits hostage; ransome: one blank check to City of Forest Grove. Ethics anyone?

I learned from a friend that my permits were approved late last week, though no one from the permitting department called to tell me until late today– Wednesday afternoon–in a message I didn’t get on my phone until I already was standing in their office.

“Oh, it’s 4:45pm and you may be too late for the notary. Let’s hurry next door to engineering and see.” I was rushed to the next door and the engineering department to sign and have some paper notarized. What on earth do they want me to sign and have notarized?

“Ok, sign here…”
“What is this you want me to sign?”
“It’s your agreement that at some future date when the city decides it wants sidewalks on that street you will pay all costs involved.”

“You’re kidding, right? You want me to sign a blank check to the government? Who in their right mind ever signs a blank check to any government?” The city engineer snickered and nodded in agreement. “I’m not in agreement with opening myself up to you fielding me some bill for $30,000 in a few years and putting me out of my house!” The engineer nodded again. (They don’t realize that with an FHA rehab mortgage you are not allowed to encumber any liens against the property, so a bill for $30,000 would do exactly that: put me out of the house!)

Thus began a long, irritating discussion with the city engineer who could not tell me the scope of the project, the approximate time frame or any approximate costs. They just want me to nod and agree I’ll pay anything. I pointed out the deep, wide ditch in the right-of-way and that it could involve rerouting the street’s drainage system–a bill that would certainly be over my head. The engineer did not deny that I not only would have to pay for the sidewalk, but also for the drainage rerouting as well. It would be in poor judgement to run the sidewalk along this side of the street, but I see poor judgment exercised by government so often, I figure I can bank on them forcing the worst possible decision.

He suggested, “If you aren’t contributing to the common good by providing sidewalks, what benefit do you contribute to the community at all?” If it hadn’t been said by an engineer, I would have been much more deeply offended. I’ve dated enough engineers to know, couth isn’t their thing. I replied in engineese:

“My neighbors would be pleased that I am at this very moment defending their street drainage so their lots don’t flood. Additionally, provided you stop holding my permits hostage, I will be adding value to the house which increases taxes you’ll collect and improves the home values in the area in general.”

When I pressed him further about what sort of review or defense any neighbors have if when the time comes, a really bad idea is proposed he explained the two possible ways the project could happen–neither seemed to allow direct consideration of the good of the bill-paying property owners on the street. He said the project could come about through a city/county/state sort of expense sharing arrangement. Or, another way was the city council could simply decide it should happen and with fifty percent of the–he cut his own sentence off– they’d pass it and the homeowners would pay all expenses.

“You were about to say, ‘fifty percent of the homeowners on the street in agreement,’ weren’t you?
He nodded “yes.”
“Ah, and you would easily have your fifty-percent because you coerced them to sign by holding their permits hostage. You would interpret this coercion as agreement at that time.”

The engineer seemed to mostly agree with me that I found it unreasonable to sign a blank check for them, and that it was unethical for them to collect $500 in permit review fees and then, refuse to hand me the approved permits unless I signed the blank check request. He also suggested with no development happening out that way, they wouldn’t pursue sidewalks anytime in the foreseeable future. Unfortunately, he’s in no position to guarantee that last statement.

He reference one lone street corner about five houses away from mine where the sidewalks (to nowhere) were installed as a model for what the city is trying to do. The sidewalks, installed by the city and according to their requirements, are at a higher elevation than the house and so now, the run off drains back to the house. The city’s actions there serve as a warning to others!

Where did all this end up? The engineer took my contact number and said we could discuss it more tomorrow.

Elsewhere in town they have a sidewalk maintenance project in action where “volunteers” can pay the city for a city contracted crew to fix their sidewalks. In the city, once a sidewalk is built, the homeowner assumes all maintenance expenses and all liability if anyone hurts themselves on an unmaintained sidewalk. This past fall, friends who have all the know-how to do it themselves applied for the permit to fix their sidewalk–they could meet all required standards for a fraction of the cost. Their permit was denied and they were told they are only allowed to have the city contracted crew do it for them.

Volunteer? In the words of the Spaniard from Princess Bride, “I do not think that word means what you think that word means.”