Code enforcement is haphazard

398

Editor,

This past week, much to my irritation, I, along with other B & B owners within the residential areas of the city, received a letter from Eureka Springs Planning Commission Chair Ann Tandy-Sallee. The letter dated March 15, 2019 instructed us to complete an attached affidavit, certifying that we live on the properties of our respective B&Bs; that we have the affidavit notarized; and that it be returned to her attention by a specific date. While this is not an arduous task, it is one that I am refusing to do. 

When I purchased Hidden Springs Bed and Breakfast, almost seven years ago, I was told by several business owners that this city is hostile toward innkeepers and business proprietors generally. I was skeptical of this report, foolishly thinking that this simply could not be true. One innkeeper in particular noted that the city has, for many years, been especially antagonistic toward B & B owners/operators. I was sure that this was blatantly false. 

Events of the past years, however, have proven them to be correct. During that time, I have observed the ways in which this city haphazardly enforces code, randomly targets code violators, and oddly also targets business owners who are trying to do little more than succeed in their ventures while trying to better Eureka Springs.  

If you do not believe me, I encourage you to examine past issues of your local newspapers. Or read the minutes of past city council meetings, Planning committee meetings, as well as those of the Historic District Commission. A perusal of these documents will demonstrate, I believe, a pattern of governmental leadership that is unfriendly and argumentative toward business owners. 

For me, the letter from Tandy-Sallee was the infamous “straw that broke the camel’s back.” I will not sign this letter. Additionally, there are no stipulations of my Conditional Use Permits that require I do so. To my benefit, Tandy-Sallee oddly cited in her letter the related regulation which states, “the owner of the bed and breakfast shall certify in the application (emphasis mine) that the owner or resident manager shall occupy the premises at all times.”  The meaning of “in the application” is pretty clear to me.  

On top of this, Tandy-Sallee is not empowered to enforce anything, nor is the Planning Commission given enforcement authority. Therefore, she has no authority to send such a request or mandate. Please know that I stand well prepared to challenge this in court, and will if necessary. In the interim, Tandy-Sallee need not expect to find my affidavit in her mailbox.  

John Speed