Telegraph Herald - Dubuque, IA


 
Thursday, October 22, 2009
'You owe us $40,265,318,400'
As East Dubuque zoning-violation case drags on, the fine doubles every day.
Sunflower Enterprises, Inc., could face hefty fines for what the City of East Dubuque contends is a business/commercial zoning violation. At the end of 30 days, the fine could total more than $40 billion.
Photo by: Tim O'Neil, Telegraph Herald
Sunflower Enterprises, Inc., could face hefty fines for what the City of East Dubuque contends is a business/commercial zoning violation. At the end of 30 days, the fine could total more than $40 billion.

EAST DUBUQUE, Ill. -- Unless the owners can come to an agreement with the city of East Dubuque, Sunflower Enterprises Inc. is facing fines that could climb to more than $40 billion -- yes, billion -- in one month.

It's not a fine structure that makes much sense, said City Manager Al Griffiths, but that's the way the city's zoning ordinance is written.

"Once started down this road, I don't have much choice," said Griffiths. "I'm doing what the city's code says."

For several months, city residents and council members voiced concerns at council sessions about work ongoing in the harbor located downriver from the city's boat ramp. They say the work appears to be barge repair, something not allowed in a business/commercially zoned area.

The harbor and surrounding land is owned by Sunflower Enterprises Inc. Carter Newt, who is constructing a home in rural East Dubuque, is president of the company.

Griffiths sent a Notice of Violation to Sunflower Enterprises on Sept. 17 and received a signed receipt of delivery on Sept. 21. From
that adds up!
Progression of a fine that starts at $75 and doubles daily:

Day 1: $75
Day 2: $150
Day 3: $300
Day 4: $600
Day 5: $1,200
Day 6: $2,400
Day 7: $4,800
Day 8: $9,600
Day 9: $19,200
Day 10: $38,400
Day 11: $76,800
Day 12: $153,600
Day 13: $307,200
Day 14: $614,400
Day 15: $1,228,800
Day 16: $2,457,600
Day 17: $4,915,200
Day 18: $9,830,400
Day 19: $19,660,800
Day 20: $39,321,600
Day 21: $78,643,200
Day 22: $157,286,400
Day 23: $314,572,800
Day 24: $629,145,600
Day 25: $1,258,291,200
Day 26: $2,516,582,400
Day 27: $5,033,164,800
Day 28: $10,066,329,600
Day 29: $20,132,659,200
Day 30: $40,265,318,400
that date, the company had 30 days to contact the city to discuss its future plans for the property and what the city contends to be repairs to a barge towed to the site.

On Monday, Oct. 19, Griffiths told City Council members no one from the company has contacted the city.

According to the city's ordinance, at the end of the 30-day notice (which is today) the city may issue a Stop Work Order giving Sunflower Enterprises three days to come into compliance with the city's zoning ordinance.

If the company has not complied at the end of three days, a fine table goes into effect until the company is in compliance. Fines begin at $75 per day, doubling daily ($75, $150, $300, $600, $1,200, $2,400, etc.). In two weeks, the fines could climb to more than $1 million.

In an interview with the East Dubuque Register in mid-July, Newt said the business would be engaged in large-scale boat repair and that Sunflower Enterprises Inc. "is totally different and has no connection with Newt Marine. This business is not barge-related."

Newt did not return phone calls from the East Dubuque Register this week.

At the council session Monday evening, alderman Jamie Hanley said that he wants the barge "out of there, but what is the practical answer here. This (fines) ramps up quickly. We need to see how far along they are -- maybe they're close to done."

"The action the city has taken is appropriate," continued Hanley. "We had citizens complaining, and the city had to do something."

"It seems to me (Newt) has had plenty of time to do something about this," said Ron Shireman.

City Attorney Tom Nack advised the city to contact Newt. Council members agreed and asked Mayor Geoff Barklow and Griffiths to contact Newt to set up a meeting as soon as possible.


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