Remember My Survey Question Yesterday Referencing The Definition Of "Week Day"?

What you are about to read, (below) is why I decided to ask all of you that question in advance of this article. I think you'll find it absolutely amazing how your government works and what they think of YOU as a taxpayer.

Mr Albero,

I am contacting you because I feel like you may be interested in my story. You see, I live on XRXRXR Drive and there is a construction project going on behind my home. This project is in very close proximity, less than 30', to my house, and all of my neighbors homes. We have been subjected to a constant barrage of noise from this site since they began. They have worked 7 days per week, weather permitting.

My problem is that the city ordinance has specific wording that says, to me, that work will take place on weekdays only. Since they operating on weekends it seems they are in violation, so, I contacted just about everyone I could including the city council, the mayor, the city administrator, the police department, and an attorney. I started at the bottom and worked my way up with emails and phone calls. Finally, I was given some RIDICULOUS answers, and quite frankly, it looks like someone is doing something shady or has done something shady to ensure that these big contractors get what they need with little to no regard for the community. I have included my correspondence with these folks and would like you to review the responses I was given and see what conclusion you draw from this.

Below you will find the ordinance as it is currently written. It is ordinance number 1913 Chapter 8.20. It reads-

"Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of seven a.m. and six p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the department of neighborhood services and code compliance which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the department of neighborhood services and code compliance should determine that the public health and safety will not be impaired by the erection, excavation, demolition, alteration or repair of any building within the hours of six p.m. and seven a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six p.m. and seven a.m., upon application being made at the time that the permit for work is awarded or during the progress of the work."

The emails shown below include the responses. Maybe you could help me get to the bottom of this whole thing, because it sure stinks like some possible corruption here !!

Mr. Mayor,

I am reaching out to your office for help understanding one of the city ordinances. It is regarding Chapter 8.2 section J. It CLEARLY states that no construction of buildings shall take place only on weekdays. My house borders the project thats going on in the 1400 block of South Division Street. Its called "The Gathering at Salisbury." The construction crews have worked 7 days per week (weather permitting, up until yesterday) since they began the project. On the morning of the 10th I was awakened by an awful noise. It was the dilapidated front end loader that was parked a mere 30' from bedroom window. After listening to the thing for weeks prior to this day I had had enough. I went out and asked the man if he had a permit to work on Saturdays. He said He did not need a permit. I pulled up the ordinance and called SPD to respond, after I was threatened with violence if I did not leave the site. SPD and MSP arrived in short order. No permits could be produced so the men were told to leave the site. The very next day (Sunday) there was a different crew out there working. During the following week I had made contact with Housing Authority who told me that Neighborhood Services issues weekend work permits. I called them. They told me SPD issues the permits because its enforcement of city codes. So I called SPD and the LT I spoke to told me that an email had been sent stating that Saturdays were now included.

I sent an email to several council members to find out why Saturdays were included, when the ordinance is worded the way it is. Laura Mitchell contacted me and told me that Saturdays were NOT included and that she would get back to me upon further review. She called me back and said that several years ago the city attorney decided to include Saturdays as a "weekday" and that it would take legislation to change it.

When do the residents already living in This community come first? We have to put up with 20 different machines running back there from 6:45am until dark every single day. There are a couple machines that are unbelievably loud and not at safe decibel levels. I have called to report that to OSHA and waiting to see what happens there. Their deadlines and missed opportunities to work because of this reason or that reason are not OUR deadlines OR OUR PROBLEM, yet they make it our problem by forcing us to endure the constant noise and shaking of our homes from the large equipment.

Basically, I'm stating that the ordinance says that work can be performed on WEEKDAYS only. If you look up the definition of the word weekday in any dictionary it will clearly state that it means any day EXCLUDING Saturday and Sunday. It seems that their ability to work these days ONLY benefits the contractors and developers NOT the community. If the ordinance was to include any days other than Monday-Friday itshould be CLEARLY marked that way, and since it is not, the community and I are respectfully demanding that work NOT be allowed to proceed on Saturdays and Sundays. If the city officials deem either of those days suitable for working then legislation needs to be passed to amend the ordinance to say just that.

I am also requesting that if the ordinance was changed "several" years ago by the city attorney to please show me the new updated ordinance, and the legislation that took place to change it.
I know you're a busy man, but I would appreciate your assistance.

Dear Mr. XRXRXR,

At the request of the mayor, I am writing in response to your below email. Two attorneys have opined that Saturday’s should, in this case, be considered a weekday.

I will direct the appropriate departments to make sure that adequate enforcement is being provided.

If you would like to discuss this with me, I can be reached at (410) 548-3100.

Respectfully
Tom Stevenson

Hello. Thanks for the reply.

I want to say a few things about your email to me.

First, if Saturdays are considered to be weekdays, why is your office closed? Why is the Mayors office closed? Do the two attorneys you say reviewed this open their offices on Saturday? I bet they do not. So, why is it that "this case", as you put it, deserves any special or different treatment from any other noise violation in the ordinance?

Second, I have spoken to my own attorney. She has told me that unless it is specified somewhere else in the ordinance, the word "weekdays" means the normal and standard Monday thru Friday. Please show me the documentation specifying Saturday as a weekday. Please show me an ordinance that SPECIFICALLY includes this. If you can not, then one can only interpret the wording in the ordinance the way I have, the way Council woman Mitchell has, and the way EVERYONE (except you and the two attorneys) I have spoken to about this has.

Third, the opinions of all three attorneys are just that...opinions. None of them, nor you live in this area and has to be subjected to the constant barrage of equipment and men working just 30' from your home and family, and if you did your "opinions" would be quite different Im sure. The residents of this community should not have to endure this any more than what the law states. The ordinance CLEARLY states the word "weekdays", and the definition of "weekday" is "any day excluding Saturday and Sunday." That information can be located in any dictionary. There is nothing in the ordinance to specifically designate Saturday as a weekday, so therefore, it should NOT be included as an acceptable day to work without the proper permit, which is only good for three days, and, for emergency purposes only.

Like I stated in my email to the Mayor, this benefits ONLY the developer, NOT the residents which, quite frankly, makes this whole thing look shady and seem as if the network of "good ol boys" has gotten their claws into those folks that make these types of decisions.

The letter of the law should be followed "in this case" and every other case, and the law states no weekend work shall be permitted. I didnt write the ordinance, but I will do what it takes to see that it is followed. I look forward to hearing from you again soon.

Mr Stevenson,

You know as well as I do that this isn't right. You know that you would be upset if this was happening DIRECTLY behind your house and had to listen to what we have to hear DAILY. When youre at home on Saturday, after working all week (Monday-Friday because your office is CLOSED on Saturday) would you want to listen to excavators, dozers, front end loaders, skid steers, concrete pumping trucks, concrete transport trucks, dump trucks, generators, and about 50 men all working simultaneously?? Absolutely not, especially knowing theyve already had the previous 5 days to work uninterrupted. You would certainly demand that the law be followed, regardless of any attorneys opinion.

I would like to add that a petition is circulating the neighborhood to stop Saturday work. We will file this with every governmental office in the city until we are heard. If that doesn't work injunctive protection may be filed with the courts.

Lets do the right thing Mr Stevenson. Lets see that they can enjoy the right to work 55 hours per week. More importantly, lets see that this community can enjoy just 2 days free of all the noise, traffic, and dust that this construction site has brought with it.

Mr. XRXRXR,

You are correct, you and your neighbors have the right to enjoy your homes in peace. While I do appreciate and empathize with your frustration, understand that Mr. Stevenson and others are working diligently to understand the issues at hand so that we may all work to find resolution. Since you brought this to our attention, I too have tried to gather information and communicate that information to you as it comes available. I would appreciate your continued patience and understanding, especially with city staff.

As we discussed, the former City attorney was asked some years ago to give an opinion on the definition of "weekday", presumably because it is not defined in our code. While I shared with you that my personal definition of a weekend is consistent with yours - Monday-Friday - I was also deliberate in saying that it was MY opinion. Since we last spoke, I have learned that the logic behind the opinion comes from the fact that violation of this ordinance is a misdemeanor criminal offense. As such, the law requires that, absent a clear definition in the code, we must use the interpretation that is most favorable to the (would be) violator. In this case, we have been advised that this means including Saturdays as a "weekday".

It would appear that any remedy would have to come via legislative action to clearly define "weekday". That requires council action and I will do all I can to have this discussion with my fellow council members as soon as possible. In the interim, City staff is very limited in what they are able to do so, again, I ask for your patience as we work to resolve this matter.

Thank you in advance for your understanding.

Laura Mitchell

Mrs. Mitchell and other City Administrators,

Although I do not agree, for sake of argument, let's assume you are correct that under a criminal action, Saturday would be considered a weekday. That is simply saying that if a criminal action was brought against the violator, the standard to be CONVICTED OF THE CRIME would be to use the interpretation most favorable to the (would be) violator.

However, violation of ordinances such as these are, at the very least, also civil actions. Even if that interpretation were used in a criminal context, the interpretation in a civil context, absent definition to the contrary, would the the normal and usual interpretation by a reasonable individual. That would mean Saturday is not a weekday.

But even as to the criminal code, I will argue there is no reasonable interpretation of the word weekday to include Saturday. There is a standard rule of legal interpretation, from Supreme Court case TRW Inc. v. Andrews, 122 S. Ct. 441 (2001), among others, that states:

"It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word should be superfluous, void, or insignificant."

If ANY interpretation of the word weekday were to include Saturdays as well, then that would make the insertion of the work "weekday" into the statute superfluous. As such, the Court would interpret the word "weekday" to have the meaning of Monday-Friday.