Death by 1000 Permits

Cartoon by Ali

Fines and Permit costs will be set by the “revenue-determined” city council and the departments and authorities they appoint.  This “power” and many others are granted the new city government in the Charter.  Here are a few examples of how John’s Creek is using the power of permits to generate revenue:

John’s Creek, GA - John’s Creek requires a permit when - "Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the construction codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work. A permit shall not be issued to an owner, who is neither a licensed contractor nor the occupant of a residential structure being altered."—City Code, Chapter 105-52****

What does this mean? Want to have a plumber install a new water heater or toilets in your house? Get a permit. Want to change your fireplace to gas logs? Get a permit. Want to make some roofing repairs? Get a permit. Want to change your electric cook top to a gas unit? Get a permit. Technically, if you bought a new water saving shower head at Home Depot and wanted to install it yourself in your shower, you would need to get a permit and hire a plumber.  So here is how permit-happy cities are fleecing their residents:

In John’s Creek, a family wanted to enhance their backyard with a gazebo, fire pit, and seating. The permit was $750, while the entire cost of the project was less than $900. A permit is needed if your neighborhood wants to put up a graduation sign for congratulating their children.

In Dunwoody, hot water tanks have to be permitted along with heating and A/C unit replacements. Want to have a garage sale with your neighbor?  You will need a permit.

Jack Fox of Peachtree Station says, ”You are so right in advising people to find out what happened in Johns Creek. We owned a second home there when it became a city. Suddenly, you had to get city permits for everything from re-roofing your own roof to putting up "graduation signs" in your yard.  The city found more ways to raise money with ridiculous permits than you can imagine.  It made our selling that home very difficult.” 

In unincorporated Gwinnett County (what Peachtree Corners is today), you do not need a permit for any of the above examples.

Code Enforcement Fines and Permit costs are a way for a city to generate income and control you through restrictive codes and permits.  You will have less “self determination” about things you might wish to do with your home or business.  The new city government will “self determine” for you.  None of these permits and fees will require a referendum for approval.  It’s in the Charter now.  Consider this when you vote on November 8^th.

Posted By: Louie and Mitch

Letter to My Neighbors

To my friends,family,neighbors, and the many customers that I have in Peachtree Corners,

On November 8, there will be a special election in which our friends and neighbors will vote on whether or not there will be a City of Peachtree Corners. I urge you all to read the Charter and to vote NO on your ballots November 8.

After reading through it myself, I realized that while I would be allowed to live(26 years so far) in the new city of Peachtree Corners, my business would not be welcomed here! The words “regulate or PROHIBIT” mean no more Goodwill, no sales of alcoholic beverages, no use of firearms (wow!), and even regulating lights and heating (we get to live in the dark and freeze?) (Section1.12(25)).

And gee, I thought this city would just barely increase our taxes: there are other sections of this charter that give the city the right to tax on many levels. Do we really need bigger government and more liberties taken away? What are we lacking from the county's services? Oh, and let's not forget Code Enforcement. Just one more way to tax. Tickets issued, municipal court dates and fines handed out by a municipal judge to be paid by the new citizens of Peachtree Corners. Hope I don't forget to bring my trash can in from the curb!

Some may say we must do this to protect us from being annexed into another city and not be in control of ourselves. If I am not mistaken, would we not have to vote to approve any annexation ourselves? If I am wrong, please let me know.  I would like to end with a quote from a neighbor:

"I don’t know if this language is “standard” in city charters--- but I do not like it.  I am tired of government telling me what I can and cannot see and do.  And some of my friends are pawn brokers. I guess this would allow them to close the Goodwill Store.  Lots of junk in there."

Please read the Charter for yourselves, and please vote NO on November 8.

Guest Poster: Ben Levinson

Planning and Zoning: Hidden Agenda or Collateral Damage?

Recently, Walmart tried to push through zoning for a new store (average per store sales of $50 Million per year) to be located on Holcomb Bridge Road between RT 141 and Jimmy Carter in Peachtree Corners.  The Gwinnett planning board disagreed and rather than fight Gwinnett County in court, Walmart shelved their plans.  Gwinnett County has deep pockets and can last a long time in court and such a court fight may bring undue attention to other Walmarts in the County.  

The new City of Peachtree Corners is only initially set up for zoning issues and trash collection with a typical budget of $3 Million per year derived 2/3 through property taxes. This is not deep pockets. Do you think that Walmart will try again through this new City? In such a case, the legal fees fighting such a zoning may well exceed the entire City budget, and since zoning will be within the purview of the new City, Gwinnett County may not expend funds to fight such a zoning request. It is not likely, with City lite, that the new managers would have the desire or resources to embark on such a fight. It bears looking into.

While there are many reasons [given] for a new City, follow the money. 

Guest Poster: Robert Indech, P.E.

29 Reasons City-lite is Not the Right Label for the Proposed City of Peachtree Corners

The proposed City of Peachtree Corners is billed as a “City-lite”. The City will focus on 3 services: planning and zoning, code enforcement and solid waste disposal. This seems pretty limited on the surface, but a quick read of the Charter shows that these services are really a very small part of the story. Section 1.12 of the Charter lists the following “services” or “powers” the new government would provide the citizenry of Peachtree Corners:

1. Animal regulations...

2. Appropriations and expenditures. To make appropriations … to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia…

3. Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades...

4. Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations...

5. Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary…

6. Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement …

7. Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same…

8. General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental…

9. Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city…

10. Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards…

11. Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials…

12. Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same…

13. Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture…

14. Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property…

15. Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration…

16. Nuisance. To define a nuisance and provide for its abatement whether on public or private property…

17. Penalties. To provide penalties for violation of any ordinances…

18. Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary…

19. Public hazards removal. To provide for the destruction and removal of any building or other structure…

20. Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of parks and playgrounds, public grounds, recreational facilities, public buildings, and charitable, cultural, educational, recreational, conservation, and sport institutions, agencies, and facilities; and to regulate the use of public improvements…

21. Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations…

22. Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures…

23. Retirement. To provide and maintain a retirement plan for officers and employees of the city…

24. Roadways. To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts…

25. Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation…

26. Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements…

27. Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property…

28. Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law…

29. Taxicabs. To regulate and license vehicles operated for hire…

All of these "services" and "powers" require employees, offices, computers, networks, switchboards, transportation, maintenance equipment, maintenance employees, code enforcement officers, judges, prosecutors, benefits, human resources, payroll, accounting, collections, contracts managers, etc. etc. etc.

Ask yourself how long one mil will pay the bills on all this? How much debt will the new city incur in start up costs alone? How long will a mayor of the largest city in Gwinnett with all this responsibility work for $9,000 a year?

Posted by: Ali

Five Reasons Business Owners Should Vote No City

1. Occupation and Business Taxes - The city council by ordinance shall have the power to levy such occupation or business taxes… (Charter section 6.12)

2. Licenses, Permits, and Fees - The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit… (Charter Section 6.13)

3. Franchises (AKA Utility Taxes) - The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.  (Charter Section 6.14)

4. Service Charges - The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for services provided or made available within and outside the corporate limits of the city… (Charter Section 6.15)

5.Other Taxes (AKA catch-all the taxes you can) - This city shall be empowered to levy any other tax or fee allowed now or hereafter by law… (Charter Section 6.17)

All of these taxes, fees, licenses, and charges are ways for the new city to fund any shortfalls that a low one mil property tax does not fund.  Business owners can expect to pay higher fees and be nickel-n-dimed to death by “enforcers” out to fill the city coffer.  We have already seen several businesses petition Norcross for annexation to avoid coming under a new city hostile to business. 

Posted By: Ali