Ë®¹ûÅÉAV

It was the latest development in what's become an ongoing conflict between James Udall, of 106 Osborne St., and the city. 

Udall, 51, was arrested Wednesday for second-degree obstructing governmental administration, a Class A misdemeanor. He was released without bail later that day.

Two weeks before the arrest, Code Enforcement Officer Brian Hicks sent Udall a letter explaining that the city had received a complaint about the wildflowers, which he planted this spring on the city's right-of-way between the sidewalk and the street. Citing their "unkempt condition" and the potential for them to encroach upon the sidewalk and obscure the line of sight of drivers, Hicks told Udall the patch needed to be cut down. If he didn't cut it, Hicks continued, the city would — and Udall would be billed $200 an hour, plus 50% for administrative costs.

Udall told Ë®¹ûÅÉAV he believed the wildflowers, which grew as high as 6 feet, weren't subject to the city's municipal code because it only says "weeds or grass" can't grow higher than 6 inches. He also objected to the "unkempt" claim, saying he has received compliments on the patch from passersby. But due to the concern about drivers on the notoriously curved street, Udall cut the wildflowers in half, using a nearby fire hydrant as a yardstick. When he sent the city a photo, however, he was again told that he needed to cut them down to 6 inches, he said.

Around that time, Udall met with City Manager Jeff Dygert, Corporation Counsel Stacy Tamburrino told Ë®¹ûÅÉAV. When Dygert reiterated the need for the wildflowers to be cut down, Udall responded that he would try to stop the city and go to jail if necessary, Tamburrino said and Udall confirmed. He told Ë®¹ûÅÉAV he considered it an act of civil disobedience.

Udall repeated that to employees from the city's code enforcement office when they arrived at his house Wednesday morning. He said they promptly called Auburn police, who led Udall away in handcuffs. The employees then cut the wildflower patch down to 6 inches. Udall's wife, Tonya, recorded his arrest, and the video has been widely on social media.

"(The video) simply gave attention to an individual acting against the safety and welfare of city residents," Tamburrino said.

"Mr. Udall's actions yesterday were not simply confrontational to city staff, but intentional and preplanned."

Udall believes the city was motivated to arrest him because of a conflict that began shortly after he moved to Auburn in December 2020. The conflict also involves O'Toole's Tavern, the bar across the street from him. Its parking lot is located at 108 Osborne St. next door to Udall, subjecting his property to damage, littering and other disturbances, he said.

Upon learning that the city leases the small lot to O'Toole's at a rate of about $17 a month, Udall offered to buy it. The city has not obliged, saying it needs to maintain ownership of the property because a sewer main is located there. Udall then offered to lease the 5,400-square-foot lot, or just the section of it behind the parking spaces, at a rate as high as 10 times the one O'Toole's pays. But he accused the city of "dragging its feet" due to favoritism toward the 117-year-old bar, and turning a blind eye toward the behavior of its patrons on Osborne Street.

Were Udall to lease the lot, he said, he would have turned it into a community garden. To that end, he claimed to have obtained "verbal permission" to begin planting there this spring — only for the city to notify him he was trespassing, and order him to clear the lot. His activity there included raising a fence of hay bales between the lot and the next property over.

Dygert the issue at the April 7 meeting of Auburn City Council, where Udall was in attendance. The city manager reprimanded Udall, though not by name, for repeatedly contacting city employees after hours and through personal channels. Dygert then noted that instead of removing the bales, Udall broke them open and spread the hay across the lot, which "in my opinion shows his intent to not be cooperative." To resolve the issue, Dygert said, a fence will be built around the lot and the property will be more closely maintained by the city in the future.

"I'm frustrated with dealing with this," Dygert said, "and with the tone of communication from the individual."

Udall said he's skeptical about the fence because it hasn't been built in the four months since Dygert said it would. Udall added that he has also received letters from the city asking him to remove a light he installed on a fence bordering the O'Toole's parking lot. According to a copy of a code violation notice provided by Udall, the city said the light creates a glare for traffic.

For the wildflowers, Udall is due to appear in Auburn City Court on Wednesday, Sept. 14. He said he intends to plead not guilty and take the charge to trial. He's thinking about suing the city as well.

"I'm trying to do something positive in this little corner of Auburn," he said. "I'm holding a mirror up to the city. ... It's corrupt."