Opinion: Why bending rules backfires

We’ve all heard complaints about our dysfunctional code department, everything from millions in fees uncollected to staff using their own discretion as to who had to follow the rules and who got a pass. This hit taxpayers twice: first through lost revenue, and again by paying staffers who weren’t doing their jobs.

Department improvements under Mayor Bruce Ehlers and the new director of Development Services, Scott Drapkin, tightened up processes to address violations faster, collect back taxes (some dating to 2022) and track progress through regular oversight reviews. Incredibly, this was not the case in past years.

In contrast, mayoral candidate Rimga Viskanta appears to advocate for a subjective approach to code enforcement. She recently told some Cardiff residents that while at the City of Solana Beach, she helped a business owner treat a late filing as on time to avoid penalties. Viskanta justified it by describing the applicant as “a feeble, elderly woman.” She deflected blame by saying her manager approved her request to bend the code, even though she initially pled the case.

Going by her description of the feeble, elderly woman, Viskanta presumably would not extend the same discretion to an able, young man. In fact, not granting the same exception to all applicants in the same situation would violate their due process. She should know this.

But she does not see her actions as discriminatory. In fact, she proposes to “take a customer service and humanistic approach to civil service.” These platitudes sound pleasant and soothing, but in reality they would produce disarray and inequality. What if you’re not feeble, elderly or a woman? Her approach would return us to the days of a largely unsupervised staff applying code enforcement based on personal interpretations and exceptions.

Viskanta seems not to grasp that her “humanistic approach” creates unequal footing. Who would qualify, and who would not? Does the number of late days vary by applicant type?

People here talk. When unequal treatment is discovered, how will it be managed legally, and at what cost? Would the city be forced to issue refunds to violators, but only in certain cases? Her approach invites corruption and favoritism for campaign supporters and anyone else who presents a sympathetic case.

Examples of costly failures to enforce code include Bobby Riggs pickleball, where the owner was allowed to operate for years without required permits (under Ehlers, this is being remedied). Another recent case is the Paul Ecke School remodel, where parents are organizing and demanding a “streamlined process” and “cutting corners.” These could result in construction defects and safety issues. Under pressure, would Viskanta advocate for continuing to give Riggs a pass and cutting corners in the school’s construction?

We are not a city of 15,000 like Solana Beach, where perhaps bending the rules flies. Encinitas is four times that size with a history of lax and nonexistent code enforcement. The new and improved process is working, but Viskanta’s approach would return us to the days of prior City Council dysfunction.

Denise Martin
Encinitas