Without judges, city's housing code toothless

We would not presume to challenge Judge Robert Milich on his understanding of the system of checks and balances that is the foundation of our government. We would simply urge his honor to take another look at the explanation he provided for why he and his colleagues aren't penalizing violators of Youngstown's housing code to the fullest extent prescribed by law.
In acknowledging the frustration of Mike Damiano, the city's housing code enforcement director, and his staff over the municipal court's reluctance to impose the stiffer penalties approved earlier this year by city council, Judge Milich said, "That's why you have those checks and balances."
But this is not a matter of one branch of government policing the activities of another branch to ensure it doesn't overstep its bounds. Nor is it a case of one branch trying to disturb the balance among the executive, legislative and judicial branches.
This is about Youngstown's housing division, which is a part of the executive, seeking a commitment from the municipal court judges to come down hard on individuals who have little respect for their communities. The anti-social behavior of these individuals has been well publicized.
As we noted last month, when 60 old tires, housing debris, furniture, paint cans, a junk car, collapsing garage and shed, gutters hanging down, an old lawn mower and trash deface the landscape, there must be a call to arms.
Say what?
When William W. Lyden of Kiowa Road is fined only $25 plus court costs for a housing code violation -- he failed to adequately maintain a house on East Judson Avenue -- and when a second charge of leaving a large feces-filled carpet in the front yard is dismissed, residents are left to wonder what Judge Milich is thinking.
Likewise, Judge Robert Douglas fined Alphonso Robinson of McClure Avenue $50, court costs and six months' probation on a no contest plea of disorderly conduct. The charge was reduced from the original housing code violation of having junk and trash in the yard.
Finally, Judge Elizabeth Kobly gave Keith McCain of McGuffey Road a $100 fine, court costs and six months' reporting probation on a no-contest plea to disorderly conduct. McCain had originally been charged with housing code violations for having junk and trash.
If the $100 fine seems steep, consider this: Under the revised penalty schedule adopted by city council, a first offense conviction carries up to 90 days in jail and a $750 fine; second and subsequent convictions mean up to 180 days in jail and a $1,000 fine.
The judges of the municipal court contend that it's not necessary to go for the maximum penalty because the stiffer sentencing guidelines already are having a positive effect. In addition, the judges argue that the goal is to get people to comply with the housing department's directives and from where they sit, there is an increase in compliance.
But Damiano isn't buying the judges' positive spin. He says he hasn't noticed a significant change in behavior and he hasn't see any major clean-up effort.
While we understand that judges have discretion in the way they deal with cases, we would urge Milich, Douglas and Kobly to give Youngstown's housing code some teeth by imposing the maximum penalty on those who treat the city with disdain and disrespect.