By DAVID NAHAN/Sentinel staff
OCEAN CITY – A year ago, Ocean City resident Bob Forman complained to Ocean City Council about the proliferation of construction dumpsters left uncovered on city streets.
Nearly a year later, rules have changed, but builders aren’t following them, he said.
Last year, after asking council to act, he learned the big metal bins that are left in parking spots near houses under construction or being demolished did not have to follow the same rules as trash dumpsters, the kind found outside businesses and restaurants.
The administration and City Council fixed that in May with a resolution approved 7-0 clarifying the ordinance, but Forman said he isn’t seeing anything different so far with the new regulations taking effect in mid-June.
He noted it has only been a few weeks, but he is concerned builders aren’t going to pay attention and get them covered without enhanced activity by the city’s Code Enforcement department.
He said he just wants builders to comply with the ordinance. Open dumpsters lead to materials – plastic, sawdust, insulation, anything light – blowing out and for passers-by to be throwing their garbage and recyclables into the containers. He said dumpsters also aren’t leakproof.
Forman said he often does checks on Sundays when construction isn’t allowed in the resort so all containers should be covered. He said the ordinance also requires plywood to be put under the metal wheels of the dumpsters so they don’t dig into the pavement if they are on the street rather than on private property. Dumpsters usually are placed in parking spots.
“About two weeks ago I started my rounds … and have reported 39 dumpsters that are not covered to Code Enforcement. Only one I’ve seen so far has been covered after my report. Several of them are repeats out of those 39,” Forman said.
He pointed out he is only going to parts of the city and there are some areas he does not visit, expecting there are more dumpsters in violation elsewhere in the resort.
Forman said he is mainly annoyed by two things – a form Code Enforcement sent him to use that he has to fill out to file a complaint and that a lot of long-time builders in the city are the ones not complying.
Particularly annoying, he said, is that major builders in town “are all violators.”
In an email he sent to members of City Council, Forman wrote that “Halliday Leonard, Star, Surfside, Price Brothers, Dean Adams, Maglione, Scafisi, and Robert Coste are so prevalent among the offenders. What is the city ‘process’ here? Are rules provided to duilders when they get the permit? Was the new ordinance update sent to current permit holders?”
Forman also questioned why the police couldn’t add checking on covered dumpsters because they’re already patrolling the city, even though he acknowledged that isn’t their responsibility.
“I think it’s absurd they can’t take a report from the citizens. It’s particularly absurd since they’re patrolling the city they can’t notify the dispatcher who can make a list and send it up each morning to Code Enforcement,” he said.
What also bothers him is the “feeling that nothing is really changing despite the fact we have a revised ordinance. It may start to change now, but with my limited history and experience with this city, when they pass an ordinance, they fall flat on their face with their ability to enforce it, to define procedures that are adequate to enforce it, to define changes to work processes or training of employees to get things done,” Forman said.
He added he had a similar experience a few years ago with the tourism fee and rental license fee, that those involved with enforcing the fees were ill trained, processes weren’t modified and “people were being charged when they shouldn’t have been charged.”
“The city is following up with enforcement as needed – being proactive to the extent possible with available resources and responding to complaints,” city public information officer Doug Bergen said on Monday. “The ordinance requires dumpsters (that aren’t empty) to be covered after hours. The city has not received any complaints other than from Mr. Forman. Violation notices have been issued.”