New Code Inspector Causes Headache For Downtown Vendors

Several downtown shop owners are complaining that a new city code inspector is giving them tickets they don’t deserve.

The tickets can cost downtown shop owners up to $300 if they let their store displays extend too far into the sidewalk.

But shop owners said the inspector is ticketing them even though their displays are within the permitted area.

Alonso Flores, the director of the El Paso Central Business Association, said he usually hears of about one or two tickets being issued a year. But in the past two months alone, he’s received complaints about more than 20 tickets, all from code inspector Art Franco.

“We have never had any problems with any other inspectors giving out so many tickets to these people,” said Flores, “It’s unfair and unjust.”

Most permits allow the vendors to extend their displays three feet from the property line into the sidewalk.

One merchant who filed a complaint said Inspector Franco was measuring the property line from an inset area, instead of the outer wall, where previous inspectors had measured.

“It’s possible we could be in the wrong, but we spend a lot of time training our inspectors on what the law is. We expect them to enforce it properly,” said Ellen Smyth, director of Environmental Services.

Smyth said the crackdown is part of an initiative to help keep the city looking its best.

“I think my inspectors are doing a good job, you know, we’re being more strict. We’ve been instructed by the city manager and City Council. They want to keep El Paso beautiful,” said Smyth. “To do that, the inspectors have to be fairly strict, but that doesn’t mean we’re doing it wrong.”

Smyth said inspectors take photographic evidence when issuing a ticket to prove to the municipal court judge when vendors are not in compliance.

The store owners can argue their case when they appear before the judge for the ticket.

They will also have a chance to reduce their fine.