ROCKLAND, Maine — A candidate for the Rockland City Council and his wife have filed an appeal of the consent order they signed with the city earlier this year agreeing to take down a structure where they store flea market items.
Harold Dale Hayward Jr. and Geraldine Hayward filed the appeal Monday in Rockland District Court.
In their appeal, the Haywards claim the consent order was coerced. They also maintain that the entire action is in retaliation for his comments before the Rockland City Council, the Haywards stated in their written appeal. They did not specify what was said to the Council or when.
The Haywards also claim their attorney did not properly represent them.
“The defense attorney failed to properly protect the rights of the defendants and oppose improprieties of the city of Rockland through its city attorney while advising clients to take ‘the best deal available’ to the opposition of the defendants, full well aware of the consequences,” the appeal states. “The signed order was the product of coerced advice and behavior of both [the] defense and city attorney.”
The Haywards ask the court for an opportunity to “correct this miscarriage of justice.”
The city filed a land-use complaint against the Haywards in April, claiming they were illegally storing flea market items in a fabric-covered structure on their North Main Street property. The city also maintained the Haywards did not receive a permit for the structure.
The Haywards had agreed to remove the structure by Sept. 30 and to reimburse the city $181 for its costs in filing the complaint in Rockland District Court.
City Attorney Kevin Beal said the Haywards have yet to reimburse the city.
The consent order stated that half the money should be paid by June 30 and the remainder by July 31.
The structure remained on the property as of Monday afternoon.
The fabric structure was erected before June 30, 2010, without a permit, according to the city’s code office. The city also maintains that the storage of wholesale items that later will be sold at flea markets is not an allowed use in the residential zone where the Haywards live.
The Haywards state in the appeal that the city has conducted selective enforcement.
“The city of Rockland, through its code enforcement officer has ignored over 60 code violations in the city of Rockland, dating back as far as 16 years,” the Haywards claim.
They argue that there are inappropriate businesses in residential zones without proper permits or zone changes.
“This is direct proof of the code enforcement officer choosing to apply selective enforcement which is illegal,” the suit states.
The couple also maintain that there is no ordinance prohibiting people from storing yard sale items.
Beal said Tuesday that the appeal is untimely because the appeal period has passed and is filed at the wrong court. He said such an appeal needs to be made to the Maine Supreme Judicial Court.
He said the city will file a response to the appeal.
should have used a camo tarp
And don’t forget your rope!
Um, any other excuses you guys would like to squeeze in there while you’re at it?
-It was coerced!
-It was retaliation!
-My lawyer is terrible!
-I had a head ache that day!
For those who do not know Dale, nothing has ever been his fault. Everyone is out to get him. And he is not the sharpest knife in the drawer. (filing in the wrong court)
Things have been downhill for Dale ever since he got turned down for the Director’s job at the Rockland Transfer station (It was a conspiracy to keep him from fixing things )
We are looking forward to him wearing his bib overalls to the City Council Debate like he did last time.
Can we add: I wasn’t wearing my lucky Captain America underpants!
No matter who is right or wrong I have long believed these city and town governments have far
too much power and authority over supposed private property. If it is private property, then, fine, pay your taxes, if the town wants to direct it, let the town or city pay half the taxes. They should not have it
both ways. This is a fairly new flatty idea, that the town’s have control over your private property, it was not always like that in Maine.
Really, how would you like it if you were trying to sell your house and your neighbor was killing your value? At times what is done on property can have a significant negative impact on the rest of the neighborhood. The “old days” when we didn’t regulate private property also didn’t have a lot of 10 foot setbacks and clustered housing.
Private property is private property, most Maine people buy a house to live in, not to put a coat of paint on and try to re-sell 6 months later to make 20 grand. This fairly new idea has driven house prices way out of reach of most. If you do not like the neighborhood, do not buy a house there, it is very simple, but do not come to my house and tell me what to do, got it??
there are reasons why there are zoning laws and this is a perfect example.
Zoning was created for public health and public fire safety, not for public pretty and polite. Patten is completely correct when he/she makes the statement regarding slapping on paint ofr a quick $ 20K profit. You don’t like the neighborhood then don’t move in. But the neighborhood needs to realize that time and situations change. Refusing to change gets you rundown housing in the name of ‘Historical Register’ nonsense. Look at Boston and see the future ’cause the future is coming, like it or not.
What, please, are you saying that preservation efforts in Boston have created, or is your “look at Boston” statement referring to something else?
Having National HIstoric Register status does not allow for run-down housing. That status, however, has been utilized to gentrify sections within a community, pushing out the workforce. But this occurred because many grand homes were sold for little money, divided into multiple apartments, and rented to people who were not permitted to maintain them, and the new owners were not forced by the city or town to do due diligence on the property.
The exterior and interior of these homes, regardless of size, was exquisite. Once lovely neighborhoods became ghettos in disarray, as housing was not built to meet the needs of all people, regardless of income. Those who were delighted to find themselves in such luxury and who wished to maintain their apartment or flat, could not fight the landlord or other bad tenants who turned many of these homes into drug and violence central, and an all-too-willing public saw this as an indication that poor equaled filth.
There are plenty of stories about the people anyone should consider heroes who fought hard and often risked their lives in their attempts to maintain the properties, but the stories have been forgotten. All that is remembered is the destruction. Historic Preservation stepped in. There was renewed interest in these old homes, and they were purchased by people who not only cared about them, but had the financial resources to do so. Out went the heroes, and a new hero took their place. Had the city and town governments acted quickly to demand owner accountability, and tenant accountability, there would have been an entirely different picture.
If you look at the remuddled, modernized homes on the market – you can find countless homes of the 1800’s vintage that retain only the shell, with the insides gutted, and made into “open space living.” And that’s all money, and no aesthetic — no “pretty” – no respect for the architect, era, craftsmanship, nor materials.
It is simplistic to state that if you don’t like a neighborhood, don’t move there. As you state, neighborhoods change. This is what makes respect for history and aesthetic beauty, and an appreciation for both invaluable. I cannot think of one realty company that will not describe a deck as a “farmer’s porch,” if it will make the sale. I don’t want to live in a polyurethaned home or city, but why design is hideous, when it could be wonderful, and such designs are approved, even with aesthetic development addressed, nay, ordered on the books as it is in the City of Rockland, yet is allowed anyway, is beyond comprehension.
PS I have an abiding appreciation of parts and materials stored on site at a home to be used in making repairs. Again, the matter comes down to the degree to which this is done, and how safely it is done.
I really disagree with you. There are many more reasons for zoning than the 2 that you mentioned.
How people want their neighborhoods to look is a perfectly valid zoning criteria.
The thing that I find objectionable about this situation is, as has been already noted, the selective
enforcement. The city of Rockland is rife with conditions on properties that are out of code.
What about all the folks who already lived there before this pack rat moved in? Do they have any rights? If he wants to hoard crap, and trash his property in the process, he should move out into the country. It is just plain wrong to devalue your neighbor’s property, just because you do not know where the dump is. These two obviously care about themselves and no one else. Selfish people do selfish things, no news here.
I do not know where you are getting your housing costs information from, but houses these days are quite reasonable and not out of reach.
Your perspective is quite self serving and I sure would not want to be your neighbor.
Well now, I will say, that there is a tad shade of difference in reasonable and affordable, as to, the prevailing wages, and other factor cost, now do not you agree, and by the way, I do not like your wood pile on the lawn, I do not like the shape of your windows, so change them, it devalues my house, oh, yeah, keep your cat on your side too, okay, how come you drive such a shabby car, it is not what I would like the visitors to see, can you cover it, but, no unsightly garage, their work on that, I will check with you later to see what else you need to do to your property to suit me.
You seem to be using this thread as an opportunity to gripe. These days, there is much to gripe about, so I say blessings and peace to you.
Gripe is not a word I consider, no, voicing an opinion, free speech, but, to you personally (usegoodsense) one can and will think, that, when God made blessings, he made plenty of them, when God made peace, it is there for us to find, and when God made time, he made plenty of it, I hope peace comes to this land once again, and when the sun sets and God has his last look of the day, I hope he thinks we are worthy.
How would you like to have to live next door to this and be threatened and or harrassed for wanting something done about it?
I would not, but, why do you think you have the right to tell someone else what to so with their property?? The United States was settled by people who wanted their place and not to be told what to do with it. Put up a fence, you can do that.
Really? Put up a fence? Maybe I could, but the folks on fixed incomes who have no intention of selling can’t. They just want to be able to enjoy their own property without having to look at the trash (and most of it is trash) that he is collecting. Dale Hayward is a bully, period.
don’t like it, don’t move there
If there was ever a reason for small business’s NOT to move to Rockland, this one is it. Selective enforcement is a polite phrase for someone, who should know better, using their government authority for their own purpose’s. As much as some may not like Hayward, and there are a few, this ‘sudden’ enforcement by the Town also tells me that the Code folk’s are taking a huge interest just on the crying and whining say-so of some who have more than a civic interest. Rockland might be well advised to stop playing footsie with the whiner’s and start telling them to get lost before they cost the whole Town damages from a State Supreme Court case. The Hayward’s get this case in front of a State District Court judge who actually reads the law, and the entire situation for what it is and how it got this way, and Rockland is gonna find itself on the VERY expensive end of a lawsuit they have no hope of winning. It’s also going to bring up the issue of just why the Code folk’s took such a ‘sudden interest’ in Hayward when there is so much else on the Code folk’s book’s that hasn’t been touched for year’s. Gov’t oversight and regulation is supposed to be done uniformly and objectvely, not by a bunch of whiner’s and cryer’s who’s sole aim is to gripe about the prettyness of one person’s property. You want pretty enforced, go move to Connecticut and Martha’s neck of the woods.
Is there anything you can do in Rockland that isn’t illegal because of some ordnance?
At least Rockland has been getting free advertisement all year ……………………………. where “NOT” to move to or open a business.
The council seems unable to settle disputes amicably. The Brass Compass is an excellent example. They have had months to come up with an arrangement that would work and all they seem to be doing is closing her out with the new “plans”. We need some “CAN DO” people, but with all the animosity; towards whomever serves; who are we going to get? More of the same old/same old.
There is some question as to just who was manipulating whom in the park use fight, and the degree to which Council abdicated their responsibility to make decisions based on law and common good, and the degree to which Archer pursued the issue even while having a perfectly good solution, one that is far better than what she was fighting for. The high road was not taken here. Just what was ‘won’?
There would not be animosity toward people who serve if they evidenced as much brass where it exists for the common good.
A definition of just what the poster considers the mantra, “CAN DO,” (in caps, no less), will accomplish, would be appreciated.
I do not understand you comment on The Brass Compass. It was such a lovely site when Lynn was able to rent and use it for her tables. It has looked dark, sad and unkempt all summer long and still does. The protracted dispute and result certainly was not for the betterment of the city. Maybe Bob Liberty and the 2 Bests women are happy now, but I cannot see how anyone else would be.
From the onset, years ago, I fought for the free placement of restaurant tables in that dead-zone park. The Brass Compass has, in fact, had tables set up on the park side throughout the summer, though to a lesser degree, for which she is paying the required rental to the city. But the issue could have been dropped once the other side of the restaurant was developed. Also – that corner is not where you’d want to sit outside and eat as much carbon monixide and grit as anything on your plate.
The Trade Winds, and other holdings, are an embarrassement. I have no idea how anyone can stay there. Too, I had occasion to enter the area leading to the pool area this summer, and choked on the chlorine and chlorine-associated gas and airlessness. This cannot be safe, but it persists without intervention. — I’m sorry you mentioned Liberty because I now have to say that compared to the Hayward’s storage, that place has to be the biggest sanctioned, non-industrial, unisghtly sight in Rockland. (A read of reviews on TripAdvisor confirms much). And,just what is the deal there with the time-shares vs. hotel rooms. and how the time-share rooms vs the hotel rooms are advertised.
I have stayed in wonderful, old, clean, threadbare motels and rooms and enjoyed the stays tremendously. These places also charged accordingly with an eye to making travel and overnight stays available to more people. This is how the famous Blue Swallow Motel on Route 66 in Tucumcari, NM was run by Lillian Redmond, with soulful pride and pleasure. Here is her philosophy, from a card that was given to travellers – something all businesses, councils, committees, et al, can benefit from:
“Greetings traveler:
In ancient times, there was a prayer for “The Stranger Within our Gates.”
Because this motel is a human institution to serve people, and not solely a
money-making organization, we hope that God will grant you peace and rest while you are under our roof.
May this room and motel be your “second” home. May those you love be near you in thoughts and dreams. Even though we may not get to know you, we hope that you will be as comfortable and happy as if you were in your own house.
May the business that brought you this way prosper. May every call you make
and every message you receive add to your joy. When you leave, may your journey be safe.
We are all travelers. From “birth till death” we travel between the
eternities. May these days be pleasant for you, profitable for society, helpful
for those you meet, and a joy to those you know and love best.
Sincerely yours,
Lillian Redman
Blue Swallow Motel
Tucumcari,
New Mexico”
The cost for a night’s stay in 1991 – no leaks, threadbare sheets and upholstery, warm and cozy and with soul and spirit – $12.00.
I really have to disagree on your appraisal of the park as it was in previous years and how it was used this past summer. It is true that Lynn put a strip of tables along the side of The Brass Compass and that Lynn cleaned up and put tables in the space between her restaurant and the building next to hers. My guess is that Lynn’s business did not suffer because when I passed by or stopped to eat, the tables on both sides were usually full. To say that that makes it fine is where we disagree. As I said, the Park looked forlorn and did not have the charm that it has had in years past. The Park under Lynn’s care was kept beautifully. This year it was a mess.
I also disagree with you about the grit and carbon monoxide. I ate there along with many other people and did not find what you suggest to be true.In years past anyone coming into Rockland enjoyed the lovely sight of people eating at the tables in that space. This year it was a very different picture. What the Council did hurt the downtown.This summer the tables pushed up to the side of her building was a sad sight indeed. I am surprised that you, or anyone would feel differently.
As far as that horrible Trade Winds Motel, well we are in complete agreement. Did anyone say selective enforcement.
Perhaps I wasn’t clear enough that I fully and actively supported the placement of multiple tables for the restaurant from the onset. I have also encouraged consideration for the use of that location by street vendors of the look and type that had been so popular in the Faneuel Hall area in Boston, which need not have competed with existing businesses as types of good sold could be restricted, and vendors could rent space on a rotating basis. I have seen small cities deep-six because the downtown merchants were vehemently opposed to having sanctioned street vending, even when most all businesses had closed down.
The Council did not handle the matter with any degree of grit or foresight, which is extremely surprising given that the Council consists of people who have lived here for generations and who claim to “understand” the needs of Rockland. There has been no vision on the part of those who claim it, and, it would appear, little support for other than out-of-town business owners.
My definition of “can do’ people are those who see situations as opportunities instead of problems. Was setting a poor example myself. :) I sincerely appreciate all who are willing to serve the rest of us in any leadership capacity.
Thank you. You were not setting a poor example, you were identifying a problem that continues to hinder resolution. And, not all who are willing to serve should do so. It’s okay to express your opposition; it’s important to do so, and to do so, knowing the facts as best as one can, and with an idea as to a solution is participating.
I, too, wish all was reasonable and rational for the common good, and that enjoyment of life was encouraged as much as commenting.
For those who do not know Dale, nothing has ever been his fault. Everyone is out to get him. And he is not the sharpest knife in the drawer. (filing in the wrong court)
Things have been downhill for Dale ever since he got turned down for the Director’s job at the Rockland Transfer station (It was a conspiracy to keep him from fixing things )
We are looking forward to him wearing his bib overalls to the City Council Debate like he did last time.
dd
I kind of figured when I read that Dale entered the race that he must have a personal axe to grind. He usually does.This just confirms my suspicions.
As for the integrity of the Code Officer, I am certain that decisions are made based on the degree of infraction. The story does not indicate whether or not it was determined that the Haywards are operating a business requiring outside storage within a residential zone which prohibited commercial businesses and storage. Did the Haywards ever apply for a zoning variance?
I am, however, often astounded by the rationale given by City Council for what gets put on the table and what does not. Do I fear, to some degree, stating that there is no Council candidate for whom I will vote, for the first time in my voting life, because to do so would be unconscionable based on facts and personal experience? Yes. I am ashamed to admit it, but there is a sense of powerlessness and vulnerability in which I am certain I am not alone, and a sense that there is little within the Rockland Charter and ordinances, etc., that cannot be maneuvered by those who hold the power – which I thought – was in the hands of the people.
I am also dismayed that there is no political organization that cultivates local candidates, and I cannot help but wonder if this is due to fear of repercussion. Is it because it is that much easier to back and promote people who will be in distant Augusta? Do we need to change both State and Local constitutions to allow Council positions to be paid? Surely that would attract more people who are unable to serve due to financial constraints.
On the other hand, we still have the opportunity to utilize a people’s referendum, if need be, as a means to do such things as change the Charter to specify conditions under which there must be, for example, a citizen-wide vote as might be reasonable regarding such things as expenditures over a certain amount.
There have been no stories questioning any other candidate’s positions and actions within the City. (This is not to imply support for Hayward, or his contentions, in any way).
Due to aliases here, not sure who you are or if you live in Rockland or how long. But for people who have lived there awhile when certain local “characters” names show up running for public office, there is usually a story behind them worth looking into. Hayward has a history of having axes to grind against the city and these generally cause him to put his hat into the ring.
This is much the same sort of thing with Gordon Mank Jr running for the House seat. Lots of people who have lived in Rockland for awhile, know of Gordo and usually have a Gordon story to tell.
I do not understand the point of your comment in relation to mine.
PS Don’t you always look behind the headlines regarding the rightness and qualifications of anyone running for public office, regardless of how well you “know” them.