City puts contractors on notice after citizen’s complaints, ordinance change
By DAVID NAHAN/Sentinel staff
OCEAN CITY – Local resident Bob Forman’s crusade to get construction dumpsters covered is finally getting the attention he believes it deserves.
Not only is the city cracking down on uncovered dumpsters, it will be making sure they are placed safely.
Forman has been complaining to Ocean City Council for more than a year about the big construction dumpsters that have been left uncovered in front of construction and demolition sites across the city. In May, City Council acted with a clarification on rules about the dumpsters, requiring them to be covered.
Since then, Forman has continued to monitor the situation, reporting violation after violation and complaining that little was being done by the city to enforce the new regulations.
When he brought the topic up again at the July 22 council meeting during public comment, he learned that after reporting more than 50 violations the city is acting and now plans to do even more.
City Business Administrator George Savastano said the administration sent a memo to “about” 750 contractors and other people who might use dumpsters to let them know what the new ordinance requires.
“As of today, we’ve issued about 90 violation notices,” he said. “We have a process where we give people a first notice, then a second notice, then we issue them a summons.” Over the week and a half prior to the meeting, he said there were 40 first notices and then another 36 second notices and in the two days before the meeting issued a couple dozen summonses.
“We will continue to do that,” he said. “We believe we’re going to get much better compliance through this process.”
Members of City Council suggested cracking down even harder.
Council Vice President Michael DeVlieger said contractors need a “come to Jesus” moment, not just to obey the cover ordinance, but to make sure they’re not going beyond their space and into yellow zones painted on the streets.
Savastano said violations where dumpsters are in the yellow should get a ticket every day, not a warning. “That’s not a three-strikes situation. There’s no warning.” Warnings are given for not having a cover or not having plywood under their metal wheels to protect the streets.
Councilwoman Karen Bergman said the city should go right to a ticket because at times the dumpsters aren’t around long enough for the warnings to be effective.
“They’re disregarding and disrespecting laws of Ocean City,” she said. “I think we should give them once notice and then ticket.”
Savastano assured council members that in the past when the city has “ramped things up” the rules have been followed. “I’m pretty confident over the next few weeks we’ll see much more compliance.”
He added that violations can be charged at up to $1,250 for certain things.”
Councilman Keith Hartzell said he agreed with Bergman about not having three strikes and with DeVlieger that the city should consider upping the fines. He also said there are always “bad actors” who are repeat offenders and the city should consider pulling their mercantile licenses.
He also wanted contractors fined for throwing stuff into the dumpsters from upper floors of buildings because it is a danger to pedestrians.
“They’re having the Olympics to see how they can shot-put it in,” he said. He referred the possibility of other fines to city solicitor Dorothy McCrosson to see if they’re legal.
Councilman Jody Levchuck suggested hiring a subcontractor just to handle these violations. He also said there is a problem with contractors leaving their trailers parked around the city, whether for convenience reasons or to advertise their businesses.
He and DeVlieger commended the city for the enforcement.
“Your efforts are noticed,” DeVlieger said. “I’m seeing more and more covered. Some people aren’t following the rules.”
“We have capacity to handle it,” Savastano said, noting there are rules and regulations about contractor trailers. “We’ll continue to follow up. There will be some financial impact that will come to some folks. It’s already started. It will continue. I’m confident we’ll be able to make a marked improvement.”
