SPANISH FORT, Ala. — City Council members unhappy with conditions after utility work — or the work of other independent contractors — performed within public rights of way should consider overhauling Spanish Fort’s existing right of way ordinance, said outside counsel consulted on the matter.

“What we can do is clean it up and give the building inspector an easier tool and some teeth for enforcement,” said attorney Shawn Alves with Stone Granade and Crosby PC. City Attorney David Conner has a conflict of interest on the matter, forcing city leaders to seek independent counsel.

Alves said he has reviewed the city’s franchise agreements as well as the 12-year-old right of way ordinance, and said it should require emergency response plans and certainly require anyone seeking to perform work to provide engineer-approved drawings in order to receive permits.

Alves also suggests “beefing up” the existing penalty structure that only charges those found in violation of the existing ordinance $50 per day.

“Five hundred dollars per day is more in line and would certainly serve as a deterrent,” Alves said.

Alves said the typical response in municipal situations is to send the violator a letter stating the circumstances giving 30 days to address the situation.

If the letter is ignored, a ticket is issued, and failure to pay results in arrest.

“Right now, you have everything you want between the right of way ordinance and your franchise agreements, but you need them all in one, and I think we have a silver bullet for some of these issues,” Alves said.

District 1 Councilman Dennis Dismuke, who has been the most vocal opponent to Baldwin County Sewer Services’ uncooperativeness to date in providing engineer-approved drawings prior to starting projects within the city’s rights of way, has pushed for months for the city to adopt an ordinance of standards and specifications that would dictate how sewer lines are installed within the city limits. His call several months ago for a moratorium on sewer permits until such an ordinance is adopted was voted down.

Alves contends that strengthening the existing right of way ordinance can address “a lot of this,” but he did note that any changes that take affect because of an amended ordinance would only apply to future — not existing — permits.

“We can’t fix what’s happened in the past, but I do think there’s a way to solve this problem, and I still believe it’s through the right of way ordinance given the fact that you already have these franchise agreements in place,” he said. “This is a way to control your right of ways and get what you think you’re being sold.”

In other business the council:

The next regular meeting of the council will begin with a 5 p.m. work session in the conference room at City Hall on Dec. 21, followed immediately by the regular meeting at 6 p.m. at the Gathering Place in the Prodisee Center.