Saturday, August 23, 2008

RENTAL INSPECTION REVISITED

There was a meeting this morning with the committee formed to address rental inspections/registration and code enforcement. The members of this committee are Council Members John Gonder, Steve Price, and Pat McLaughlin and Deputy Mayor Carl Malysz.

It was surprisingly well attended with an estimated 35 to 40 citizens. Mr. Gonder lead the meeting with an outline of goals and objectives.

The first item on the agenda is the hiring of a concentrated code enforcement officer. Resumes have been submitted and the individual will be hired in the next 2 weeks. The committee anticipates a period of approximately 2 months for the individual to become acclimated to the position and to begin to take action.

There were many issues addressed today. One of the main concerns was the cost of the inspections and the fact that rental inspections do not include inspections of owner occupied homes.

Of course another major concern is the problem with absentee landlords. Mr. Hartman, the building inspector, complained that it is often difficult to determine the owner of the property so therefore he cannot confront the owner about the problem.

It is my understanding that if the city needs to mow the grass, remove an abandoned car, or anything along these lines the city can place a lien against the property to be paid along with the taxes. If the lien is not paid the city can seize the house and sell it at a Sheriff's sale.

Many of the attendents expressed their concerns about the drop in property values due to unsafe homes, drug dealers, meth labs, etc. These are very serious issues that are not dealt with in a timely manner. The committee members asked for addresses of these properties.

In all it was an effective start. Hopefully this will be the first of many such meetings and maybe someday New Albany will be a safe and clean place to live.

Readers, if you attended this meeting please add your comments. There was so much information to give but I didn't want this posting to go on forever.

Thanks,

Shirley

34 comments:

Anonymous said...

As I am reading this report on the
meeting, I am shocked to read that
they now want to hire another CODE ENFORCEMENT OFFICER!

WOW! We were promised that great
clean-ups of unsafe property would happen when they set up a NEW POSITION called ORDINANCE ENFORCEMENT OFFICER. This position includes a truck, cell phone and benefits.

NOW-- we see complaints of trash,
garbage and unsafe housing all over town.

Do they really expect us to believe that adding a new position, vehicle,
cell phone and benefits will help clean up New Albany?

Let us ask the current paid positions of Building Commissioner and Ordinance Enforcement Officer to
follow the laws on the books and
CLEAN UP NEW ALBANY.

NOTE: ALL OF THE COUNCILMAN
NEED TO READ THE PAST MINUTES AND PROMISES MADE WHEN THEY HIRED THIS NEW POSITION OF "ORDINANCE ENFORCEMENT OFFICER."

Ceece said...

Shirley,

thanks for the recap. I wonder why it is often said that it is "difficult to determine the owner of the property". Because it's not. It may be difficult to get the owner to respond, but to find out, all that needs to be done is pull tax records.
And if there is no legal owner of the property, the city needs to take the necessary legal steps to obtain ownership.

A suggestion to make the property owners respond a bit faster once they've been in violation repeatedly or past due, is condemn the property and make the tenants move out. Once the rent checks stop rolling in, you can bet the owner will surface!

Anonymous said...

The comment above is right on the button. When Government has a problem, they want to set up a new dept and another layer of government that we must pay for.

It is time that we ask the positions that we now pay to get busy and do some work!

If they don't want to do their jobs, then, get out, and let's hire someone who will get the job done!

Jeff Gillenwater said...

Unfortunately, Ceece, the tax records don't always accurately reflect ownership.

You're correct, though, in suggesting that stopping cash flow is an effective method for getting the owner's attention. John Gonder made that same point today while relating a conversation he'd had with a city official in Florida who'd faced the same problem.

The one downside to eviction is figuring out what to do with the renters displaced from the property, given that they'd be innocent yet at least temporarily homeless. It's a situation for which we need to plan.

And, of course, abandoned buildings don't generate cash flow. We need to examine the legalities of seizing abandoned houses, particularly since banks are reticent to take actual ownership of foreclosed properties that are seriously damaged.

Another aspect of the "ownership" problem discussed was the rent-to-own scheme implemented by some landlords. They're used as an excuse to make the often poverty stricken tenants responsible for maintenance.

Luckily, the state recently passed a statute effective July 1 that keeps landlord-tenant law in effect until renters take full possession of the property (which seems to rarely happen). In short, the landlord is to be held responsible for maintenance until the tenant pays off the house. The tenant, too, has a responsibility to not tear up the house.

And, as expected, don't expect any help from the 3rd district council rep. He's already yelling (literally), insisting that renting properties for a living is not a business.

So much for listening to his constituents, who made up a significant portion of the crowd.

Anonymous said...

Tearing down buildings hurts our tax base also. Maybe if city employees would do their job an enforce the laws we might correct some of these issues.

Anonymous said...

Tearing down buildings hurts our tax base also. Maybe if city employees would do their job an enforce the laws we might correct some of these issues.

Anonymous said...

bluegill,

why don't you just come right out an admit you don't like your Councilman. You never give him an oz of credit for nothing. Plus you don't have the guts to say what you write to his face.

Your getting more like Baylor everyday. If some one doesn't kiss your alls progressive a**es you attack them.

Why don't you run against him.

Everyone is entitled to an opinion and this is mine.

Highwayman said...

Shirley,

On a calmer note, I thought this mornings gathering went rather well.

Views were exchanged, ideas were put forth, no one was evicted, and no blood was drawn.

All in all I think we've got a good start to the conversation.

shirley baird said...

I worry about the renters also. A friend confided that she is trying to help a single mother find an affordable house to rent. She did not realize that most homes rent for $600.00 per month & up, not counting utilities.

The Section 8 homes have a year long waiting list.

What is a lower income resident to do?

shirley baird said...

The 2nd code enforcement officer will be a "Concentrated Code Enforcement Officer". They will be concentrating on the S Ellen Jones neighborhood. There are 2 reasons for this according to Mr. Malysz:

1) SEJ has a strong neighborhood association
2) They have a 50/50 ratio of homeowners to renters.

The west end has a large percentage of renters also. The code enf. officer needs to concentrate on our neighborhood also, that is one of the reasons we are trying to get our neighborhood association off the ground. More on that topic later.

Anonymous said...

Our Federal Tax money and Local Tax money that we pay should be used in all four sections of New Albany.

It is a POOR excuse to say that they are hiring an employee to concentrate on a certain area, (S. Ellen Jones)
just because they have a strong neighborhood association.

S. Ellen Jones area has had all the attention for years while the West End goes to pot.

POT.... that is a funny pun. Yes--
the West End can brag that they have the great Sewer Plant that the
residents have to smell. Drive down around 10th and Main and try to take a deep breath.

WHEW.........................

Christopher D said...

IN regards to the S. Ellen Jones Neighborhood, it is not really a matter of having just a strong neighborhood association, it is the fact that evidently per capita, that area has the worst problems in the city with housing ordinance compliance.
Also, I would have to say that our current Code Enforcement Officer, Pam Badger, has done one hell of a job. The problem is there is no real mechanism in place to pick up where the Enforcement Officer leaves off.
If this is going to happen and we are going to see a positive change in the housing infrastructure of this city, an act that will benefit ALL of us, we ALL have to work together.
And it is not going to happen over night, this will take years, and it will take a lot of tax money, and eventually require a city court as well.
But this is the price we will have to pay to bring New Albany back to a clean, desirable place to live.
As far as the lower of the low income families, the market will take care of itself.
I know how big of a burden it can be for an indigent family to have to pay $600 or more for rent, to choose between medicine or rent, etc.
But becuase they are poor by no means they should be subject to preditory rental practices where they are forced to pay so much for substandard housing.
There are those around here diligently researching ways to increase home ownership, and there are new laws on the books up in INdy to protect the renters and rent to own crowds from such pratices.

Anonymous said...

Response to comment above:

There was a paper passed out at a
recent meeting that listed the steps for the Building Commissioner to take
regarding Unsafe Housing. They said that it came from the New Albany Code
Book #150.

Those steps listed the procedure that the Building Commissioner could enter
the building and then, proceed through the process to clean up, or
demolish. The Building Commissioner has the power to proceed to then file a lien on that
property.

If the lien is not paid, the property goes onto the Sheriff Sale.

They said that the New Albany Code of Laws is on the internet.

Does anyone know the path to reach the New Albany Code of Laws on the internet ?

The New Albanian said...

Unfortunately, Ceece, the tax records don't always accurately reflect ownership.

Hey, wait -- are you implying that all of Pat Harrison's rental properties aren't available in one file folder?

That's shocking.

Meanwhile, I'll concede that I don't give much credit to what Steve Price says, primarily because it rarely is credible.

The funniest part to me is Price's unintentionally revealing (and ever elastic) definition of "business," which goes something like this, paraphrased.

"It's a business if you're making money. I'm barely making any money off my rental properties, therefore, they're not a business."

Really? Me thinks this state of affairs has more to do with business expertise than the nature of business itself, but perhaps I'm misunderstanding him. That's easy to do. Listening to Price speak publicly is rather like trying to read a goat path map of Tibet -- upside down.

If challenged, Price has only one response. He turns to the crowd and says "taxes" with the same tone of voice normally reserved for "watch out for that fighter jet."

Unfortunately, playing to the crowd -- while periodically effective -- doesn't constitute an effective argument.

I'd once again encourage the anonymites among you to join our reality based community elsewhere in the blogosphere.

Anonymous said...

Anon:
you can reach the new albany sity codes by going to www.cityofnewalbany.com and clicking the Ordinance link somewhere near the top right corner.

Anonymous said...

Mr. Prices' few rental properties are for very low-income renters and require a lot of maintenance. In his eyes, this may be perceived as a service to the community by providing goods for lower prices because of the neighborhoods they are in. Imagine that!

The enforcement laws are on the books. All "contract" sales are recorded in the County Recorder's office. Therefore, why the argument as far as you "don't know who the property owner is"?

Barbara Sillings, a county employee, has a computer for the public up front for their use in looking up addresses of properties and various information about all.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...
This comment has been removed by a blog administrator.
The New Albanian said...

You accuse someone of wrongdoing, and you are anonymous.

That's cowardice, plain and simple. Gotta mirror 'round your sty, anonymous? Take a look at it. Tell me what you see. Most of you reading this can see how wrong it is to make accusations anonymously.

As for Price's benevolent service for the low income, that's what churches do. Otherwise, business is business, isn't it? If he can't make a profit, perhaps he should consider asking for subsidies from the government he so detests.

Anonymous said...

Where is the list of houses now considered "unsafe houses" ?

That list should be made public and
listed on a web page.

Then, we could all work together and
turn in those buildings in our neighborhoods that are unsightly and
unsafe for children to live in.

This would give everyone a view of
the mess in our city.

This list or report would show all four sections of the city. North--South --East-- West

We could also see if progress is really being made to clean up the
mess.

Working together, we can get the job done.

Anonymous said...

GREAT IDEA! LET'S GET STARTED ON THAT LIST. IT SHOULD BE A PUBLIC ITEM.

IN ADDITION, WE NEED TO SEND THE
BUILDING COMMISSIONER AND CODE ENFORCEMENT OFFICER A COPY OF THE LAWS THAT THEY SHOULD BE FOLLOWING.

LET'S ALL WORK TOGETHER TO CLEAN UP OUR CITY.

WE DON'T CARE IF THE PROPERTY IS
RENTAL OR OWNER OCCUPIED.

"CLEAN UP NEW ALBANY"

THIS IS A PROJECT THAT DEMOCRATS AND REPUBLICANS CAN AGREE ON !

shirley baird said...

The building inspector has a copy of the list of unsafe houses. I don't know if they are public record.

Anonymous said...

Landlords pay more property taxes on rental property than businesses do. I feel Mr. Price has been wrongfully attack for telling the truth, This rental inspection is F**king Bulls*it. Just like the Smoking Ban.

Look at the state of our city finances:

No 2008 budget
Overtime
raises
mismanagement of taxpayers money

Doug England should hold the line on spending. In fact "stop spending" that would be a great start in my opinion.

The last two city council's have granted more generous raises to our mayors, police officers, firefighters and department heads.

To many take home cars, cell
phone abuse, and free gas cost taxpayers plenty. He should lead by example.

Stop the spending.

Anonymous said...

First of all, the Mayor will VETO the smoking ban. Secondly, the Mayor promised landlords months ago there would be NO housing inspection. Just ask Pat Harrison what Dougie promised. No inspection that's what. But since you don't believe this anonymous person. Call her: 944-1111

Anonymous said...

Why is the "unsafe housing" list
in the Building Commissioner's Office such a big secret ?

It needs to be made public. Then, we can all see if they have removed the unsafe houses of their buddies off that list.

Anonymous said...

England will veto in the name of businesses having losses which can not be sustained and based on how well Clarksville is doing since they voted their's down.

Too much impact on economic development and the creation of more unfriendly climates for businesses to continue functioning.

He has confidence in the business community and the citizens; both voices are louder than the paid non-citizens.

Anonymous said...

Maybe they should start with the inspections of all businesses and building downtown first before going after rental properties.

Anonymous said...

So if they have rental inspection I'll have to hide my drugs, stolen property, illegal animals, hostages, and other assorted contraband prior to the inspection.
I am not hiding/growing/selling or using drugs. It is the dead hookers in my basement that I am concerned about.

Give us a break, this is totally stupid. Just another way to make a $40,000 job, new car, and another poilitical ploy to give more political favors.

Anonymous said...

Too funny, but you make a great point.

shirley baird said...

Lloyd Wimp has an excellent article on his blog "View from the Highway".

He has listed several links to websites from cities all over Indiana which have sucessfully implemented regulations for renters and landlords.

Check it out.

Christopher D said...

TO clarify a little bit:
#1 the first phase as I understand it, is NOT to have "inspections" in homes that are rented, it is to have the property PROPERLY registered so the owner or the owners representative is reachable IF there is a problem with the property.
#2 On the models shown from other cities across the country, there will be no inspections in a rental home that is occupied, UNLESS the tenant, or the owner requests one.
IF there is an inspection program, this more than likely would be done PRIOR to the home being rented, to ensure that the home is up to minimum codes, IE smoke detectors, working plumbing, HVAC, etc, as mandated by state and local housing codes. (you know the same inpsections required by most mortgage companies for home loans??)
I have advocated for this for a long time, and not for an owner VS. Renter standpoint, if an owner occuppied home is grossly in violation of the housing codes, then that as well should be dealt with in the same manner.
Do some of the people complaining about this realize there are homes in this city that are still occupied that have no working plumbing, no heating system, extremely dangerous damaged electrical?
Just because a person is poor does not mean they deserve to have to live in a property like this. If it is a rental, the owner has got to be responsible to bing it up to code (renting to own no longer protects the owner from that responsibility as of July 1, 2008) If it is an owner occupied home, the same applies, and that identification of a owner occupied home that is in serious disrepair will enable the proper channels to find and implement certain federal, state and local funds in place to help in such a situation.
On a side note, I do find it interesting most in favor of a smoking ban are against the city taking steps to ensure that the citizens of this city have safe housing, and also the lack of presence by Dr. Harris, Jamie Abersold, Andy Hannah, Mary Beth, and the "public health" lobbying tour from around Indiana and Kentucky are not here now demanding change when more people are effected by unsafe housing in this city that those effected by second hand smoke...

Anonymous said...

Chris,

Were not other cities. We are New Albany! Our council pass laws and all administrations don't enforce them. New Albany does not need more laws, what we need is for laws to be enforced. We also need less government interfering in our lives.

My taxes are wasted on feel good projects.

Everyone wants a raise but no one wants to do their job.

They want a take home car, cell phone, good insurance, and a city credit card.

We need our local government over hauled.

We need a Mayor who can stand up and do the right thing, by putting the taxpayers first and not self interest first.

NO one is held accountable for nothing in this city.

Anonymous said...

Does that mean that everyone is held accountable for everything?

Anonymous said...

klaus,

Not in this town.