NAC readers may have missed the following thread, which began on Tuesday and continued into Wednesday. The original post can be found here. The topic is rental property inspections, how these pertain to the currently embryonic regime of code enforcement, and a previously unannounced, 11th hour effort on the part of City Hall to introduce an ordinance before the city council mandating as-yet unexplained rental property regulations.
Apologies: In reprinting these comments, I have edited references to specific properties originally made by Greg, Chris and Gina, but only in the interest of brevity. Please reference the entire discussion if you wish to read the unedited version.
It is my hope that more details will emerge after lifting this thread to the marquee.
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At 12:29 PM, Brandon W. Smith said...
A rental inspection program is a great idea, but it will lack effectiveness unless we have a legal department enforcing ordinances.
Currently, through lack of resources and lack of political will, our legal department does virtually no ordinance enforcement. Thus, while some folks will voluntarily comply, citing a landlord for a rental inspection violation will have no effect on the worst offenders.
Which candidates will pledge to work with the Mayor's office and City Attorney to put an effective legal enforcement mechanism in place?
That is a far more crucial question, in my opinion.
The current (part-time) City Attorney claimed that, for roughly $80,000, which is what the council was willing to put forth, we could hire a second part-time city attorney and a legal secretary. It would take little time to develop processes and procedures to make ordinance enforcement a routine part of city business.
Routine enforcement of zoning laws, building codes, historic preservation violations, and cleanliness ordinance would have a tremendous impact on the slumlord problem.
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At 4:17 PM, S. LaDuke said...
I can tell you all that this is an extremely important issue in the minds of the administration.
Currently, there is work progressing with an announcement coming in the very near future.
I'll let you know more information when it is ready.
Sincerely, Steve LaDuke
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At 5:10 PM, Brandon W. Smith said...
I can tell you all that this is an extremely important issue in the minds of the administration.
If you are referring to legal enforcement, that has not been my experience.
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At 5:58 PM, bluegill said...
I have to agree with Brandon.
I'd be happy to hear that anyone in a position of authority is considering taking enforcement seriously but, after years of unexplained non-action, it will be an uphill battle for any incumbent to convince the public that the effort is sincere.
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At 9:07 PM, New Alb Annie said...
" . . . very important issue in the minds of the administration."
" . . . work progressing with an announcement coming in the near future."
It's primary time, isn't it? Why is it that this administration is well into its fourth year, and now, amazingly, we hear that "an announcement is coming"?
Look around New Albany. It doesn't appear that this is an important issue in the minds of the administration.
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At 10:15 AM, All4Word said...
Based on the sentiment of this activist subset of the voting public, a major announcement regarding rental properties is a day late and a dollar short.
Candidates are putting forward their platform points gradually, but time is running out for any announcement from the administration.
Honestly, I don't doubt the sincerity or competence of the current administration, but, once again, there has been no public communication.
If the Garner administration has a plan, put it out now! You may never convince these readers you are sincere, but if you have a plan, it does the city no good to keep it in your vest pocket.
Anything else just shows a tin ear for the political mood in New Albany.
If you're serious about enforcement, show it. Otherwise, accusations that the Garner administration, just like all the rest, are in the pocket of the slumlords will become the prevailing truth and an irreversible part of not only the campaign, but of any hope of capturing the hearts and minds of the urban core voters.
It could well be too late. But given the current lineup of candidates, I would think that yours is the only campaign with even a glimmer of hope of capturing a bump from the progressive element in this city.
Silence merely reinforces hardening attitudes that the Garner administration is no different from the England administration. Is that what you want the zeitgeist to reflect?
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At 3:30 PM, S. LaDuke said...
Randy,
You know me better than to think that anything I am involved in is kept quiet for political reasons. I know where you're coming from with your post but... we have not gone public with this yet because it's not quite ready. Keep in mind, I was appointed to the Building Commission by Mayor Overton. Mayor Overton had a plan and it was voted down because, in my opinion, it was not fair and equitable. She certainly had the right intention! I am fighting for an ordinance that will be fair and equitable. If my ideas are listened to, I believe the only way someone could possibly be against the ordinance is if you own and operate sub-par property.
Sincerely, Steve LaDuke
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30 comments:
S LaDuke wrote: "The Building Commissioner just visited the property at 703 E. Main St. and called me. Is your complaint about this property that it is not a safe building or that illegal activity takes place at this address?"
Both. I've watched a good bit of traffic just today. So many people, so little time inside. It's the one's that linger and harass us we really worry about though. Ask Chief Harl for a CAPS printout on the house for the last year.
As I recall, all of the "slumlords", absentee landlords and present landlords mounted a major legal defense against the City and all cards were folded.
Some of these so called "undesirable" property owners are city officials, or related to city officials, or service on the boards at the leisure of certain city oficials.
Lawyers broke the rental inspection back -- history in the repeat...
I truly want to believe in Steve efforts, I really do. But perhaps I haev been conditioned much like pavlov's dog.
So many times we have all heard its about to change, we will get right on it, consider it done, the city is sorry you have had to put up with that we'll take care of it.
And here we sit hundreds of families unable to enjoy their own home, dozens of neighborhoods fractured by the seedy, illicit activities that go hand in hand with the absentee landlords and the plaque they inflict on our community.
I want to believe.....
The rental inspection program, while a needed and necessary last resort, should not be expected to fix more than a very small part of New Albany's absentee landlord problem. I think that proponents the inspection program should consider it as only one tool among several in their arsenal against this serious problem.
Absentee landlords have significant resources to protect their interests, and they can and will use them to deflect, delay and defend themselves, until all but the most tenacious residents have given up the fight. The legal system moves so slowly (trust me, I know from whence I speak!) that this will only be an effective tool in the redevelopment of the urban areas of New Albany as a final resort against those landlords who insist on being a blight in the community. Meanwhile the city will continue to deteriorate. A rental inspection/enforcement program is a "stick," and not even a very good one, in the final analysis. One estimate from a professional is that is that this might solve a very small percentage of the problem: 10% to 20%. I think even this estimate is high, and while certainly laudable, will neither be effective nor sustained.
Raising property values, while not headline material, will do more to improve the standards and lifestyles than the most widespread property enforcement system.
Better tools to support improvements and raise property values in New Albany are "carrots": Encouraging developers and conscientious landlords with incentives and cooperation by the city. Waiving fees, expediting procedures, low-interest gap financing, historic tax credits, Urban Enterprise Zone benefits, etc., for investment in targeted downtown and inner city neighborhoods will bring investment and raise property values. Developers and homeowners will consider investing their future in downtown and the older neighborhoods if they feel that there will be cooperation and encouragement for their projects and homesteads, rather than a threat of prosecution for failure to meet acceptable standards. This investment will raise the value of all property, and enable owners and landlords to improve their holdings and be more selective in choosing their tenants.
The promise of increased downtown traffic from Scribner Place is a grand opportunity. The city can take best advantage of this opportunity by developing a comprehensive system of civic cooperation and support for pioneering developers, retailers and homesteaders who might consider helping to make downtown and the inner city neighborhoods a cool place to live and do business, and the historic areas of New Albany might just end up becoming a place to be proud of again.
John Miller, Executive Director
New Albany-Floyd County Community
Housing Development Organization
Brandon:
No arguments from me that enforcement system should be pursued vigorously. This is definitely one missing element.
But you're kidding yourself if you think there are virtually any incentives to investing in downtown New Albany or the older neighborhoods. Strategies like these are much more powerful tools and are not being pursued at all.
John Miller
CHDO
I believe Mr. Miller and Mr. Smith have condensed the issue down to the basics.
Carrots will usually have the biggest effect in any endeavor. However, the shape New Albany is in right now demands a bigger stick or, if you will, the courage to swing that stick.
The cynic in me(and many others)are fearful that carrots will just be used to make more money for the slumlords. Politically speaking, the city has to show that they are serious about cleaning up, enforcing codes, etc and then the carrots will start to be harvested by the legitimate "do gooders".
"The cynic in me...IS..." DUH
A more timely question in regards to this issue would be what has happened to the current level of enforcement.
There have been people posting on this site and mine of similar problems, over the course of years.
We all are in agreement as far as I know that Pam Badger does her job, she responds to complaints, documents them and forwards that to the building commissioners office, then it seems to just fade away. It really needs to be looked into and explained to the public why this has occurred repeatedly.
Any further establishment of tighter control will take time, and I am fine with that, as long as it is put in motion, but there should still be an accounting as to reasoning why there has been a failure to act promptly now with the ordinances we currently have, some of them being on the books as far back as the 1970's.
Chris, that's the easiest question of all to answer. It is explained according to the iron dictates of the Kochert Doctrine, which holds that ordinance enforcement costs ward heeling politicians votes. Better that Slippery Larry intervene on one's behalf to grease the skids than to apply an impartial regimen to all.
Combine this with the visionless vacuum of thirty years time, and it's obvious that the lowest common denominator has been aplied at virtually every juncture.
It worked for King Larry, though, didn't it?
Hey Brandon:
I’m sorry I wasn’t clear when describing “incentives” before—I meant special economic incentives. There is plenty of value, and lots of wonderful reasons & motivations for living in the urban area of New Albany, and lots more coming all the time. But businesses are much more likely to locate in other areas right now because the downtown is less able to compete economically. The city needs to encourage businesses by whatever means possible to locate in the downtown area. Hand-in-hand, and in support of the new businesses, the city also needs to help encourage residential investment in existing neighborhoods with some of the economic incentives mentioned earlier.
And at the same time a vigorous system of enforcement of code violations will encourage violators to clean up their acts.
But one won’t work without the other—without new money coming in, we’ll likely be left with even more vacant and abandoned property, and that will discourage new homebuyers and startup businesses even more than they already are.
A comprehensive strategy is the only way to go.
John Miller
Steve,
Thanks as always for participating here. If other officials made the same effort to communicate publicly, we'd all be a lot better off.
With that said, though, I think there may still be some lingering misunderstandings. I and a lot of others are aware that Officer Badger reports problem properties within her jurisdiction to the legal department when they refuse to comply.
However, it's also true that when she encounters properties that seem to have physical problems beyond her cleanliness authority, she reports them to the Building Commissioner for follow-up. While that follow-up process may or may not be improving, there were strong indications that proper follow-up often didn't occur in the very recent past.
There also seems to be some confusion about the 525 property. I was at one meeting during which Price brought up the property and I'll be the first to agree that he seemed to confuse the issue and the answers he received. Unfortunately, that's nothing new for any of us.
However, that property had been reported directly to the Building Commissioner long before Price ever brought it up.
Steve,
Your post does in fact serve to educate. In all of our dealing when we or anyone else I know of calls downtown regarding an issue more often then not a person is directed immediately to the Biulding Commissioners office.
I will try to be as breif as possible in this post to relate our personal nightmare.
The house next door to me has been in shambles for years, pretty much 7 of the nine years we have lived here.
The neglected trees dropping branches destroying the property next door, and the houses surrounding the property, the sewage issue previously mentioned, the leaking gutters spilling out all of the rain collected on from the roof to my foundation, the foundation of the house on the otherside, and again flooing the cellar of the property in question. The insects, the rodents, the busted windows to the crawlspace that allowed not only the infestations to occur, but flourish, the grass and weeds at times reaching over 4 feet tall, the collapsing rotting garage (finally forced to remove just recently after almost two years of trying), the broken and cracked windows, the crumbling chimney, the stench and odor eminating from the house during the summer months as a combination of the raw sewage that sat, and the landlord not cleaning up after past tenants moved out leaving their trash, behind as well as food in the refridgerators behind with out electrical service, when service was turn on there were live wires that ran to the garage lying in the yard, again from the tree, to my knowledge all that was done was these were snipped up by the house, I do not know if they were ever properly disconnected. The back interior porch floor was rotting out, spongy and about to collapse into the basement if someone stood on it. The tires in the yard, the garbage in the yard and so on.
It sat empty for 2 years like this, I followed protocal and talked to all the people I was told I needed to speak with, nothing, I spoke with Pam Badger she came out immediately, and a notification for the 4 foot tall grass was taped to the front door of the then empty house, that I will add was followed up on, after I called back and provided contact information as to how to reach the owner.
I will say that this is by far not the worst house in the city, but it was bad enough to make the list on the clean up new albany site.
Back to the garage for a moment, this past winter the garage was ordered to be torn down after my wife, (someone who in which when she gets a bug under her skin will not stop until she is satisfied) got tired of chasing off kids playing with matches in the garage trying to burn it down.
But like I said we did as instructed when we called 948-5333. But when we learned he was about to rent it out in the shape we and other neighbors knew it was in we started a new campaign to get action done before this guy was allowed to charge some one rent to live in a dump like that, emails went unanswered to the citizens action email address, phone messages were not returned, I personally handed the mayor photos of the property, the down tree branches, the rotting garage, and some interior shots of the house as to what I could obtain with out tresspassing, when he looked at them he seemed disgusted!
A couple of months went by, nothing. And the owner did rent it. I do not mean to sound too judgemental, but Steve, honestly what kind of person(s) do you think would willingly move into a place like that? We now know first hand what kind of person indeed.
It was my contention that under local and state laws it was illegal for him to rent the house with such gross ordinance violations occurring, but it happened anyway. I will spare you the details of what has occurred since then, you can read my blog archives over at newalbanyeyesores for that.
The last communication we had from the dwontown regarding this issue, after it was too late to get any real action done before he rented it was
"Mr. Drake,
The Code Enforcement Officer has been out there and talked with both Mr. Kohler and the new tenants. The garage is supposed to be torn down and hauled away in the next 30 days. They have informed us that they intend to get a demolition permit and remove within 30 days. The COE will be monitoring this property on a regular basis. The building commissioner is also aware of the situation and upon request by the tenant or owner can inspect the interior of the property for codes. Let me know if things do not get better.
Mayor James Garner"
It was another couple of months before hte garage came down, and no permits were pasted, and the property has not been followed up on, and what makes anyone think that the slumlord or the tenants in question would invite the inspector over for a tour? hell 9/10ths of the issues regarding the house was not even addressed.
Steve, please feel free to contact me at eyesores@sbcglobal.net to start a dialog regarding this property if you wish, as it has now developed into a VERY delicate situation, and I KNOW from EXPERIENCE that any effort to correct this now will result in "paybacks" to me and my family.
(sorry for the long post folks, but if we have some one willing to listen I am going to take full advantage of it)
S LaDuke: "You see how easy it is if it goes through the proper channels." With all due respect Steve that statement is a joke. 30 years of allowing this town to be turned into a ghetto by slumlords will not be reversed by finally acting on one property. We're all thrilled 525 E Market is now dealt with, but let's talk about the 200 other houses in town in the SAME condition. The police are saying to the media today they've never seen a worse case of child abuse than witnessed at 620 E 9th. I drive by houses everyday where any rational person would have to ASSUME child are being victimized. I'm pissed 'cause I've lived next door to a crack-house for a year and I'm friggin sick and tired of trying to "follow the proper channels" that go nowhere.
Steve, you have your wires crossed in a major way regarding 525 East Market. Not only was it personally reported by me to the Building Commissioner's office by phone (twice), I also made a personal visit and sent a letter. There was no response to the letter and in the phone call Hartman said, "All it needs is some gutters and siding." I asked him about the structural problems and his reply was, "I didn't see any problems."
Also, the owners were not "trying to clean things up." The Health Department sent them a letter ordering them to clean it up.
It just isn't going to fly that somehow, the public is all mixed up and we haven't followed the right avenues, that if only we'd come to a Building Commission meeting, everything would be taken care of.
Tough crowd, Steve - something you and I have spoken about previously, in that decades of non-enforcement neglect carry with them a certain tendency to make people cynical, if not outright angry.
And yet, perhaps the noteworthy thing about it is there are places in the world where already this would have gotten uglier -- but the people commenting here insist on upholding the rule of law.
They'd just like to see a wee bit of enforcement of it.
The other thing -- nothing against you -- has been pointed out already by Ann and others: Both new and old generations of residents have been talking about this problem for quite some time; there is almost no communication from elected and appointed officials; then suddenly comes word of a proposal.
I echo Bluegill in lauding your willingness to engage the people, but Steve, you certainly can see how suspicious this appears to people accustomed to being ignored.
Frankly, I'm skeptical. My hunch is that if anything does come out, it will be tame, tepid and reflecting the fear with which we seem to always hold slumlords, who in the final analysis are anti-social elements.
Why the fright? And why did it take almost four years since the last rebuff for something to be proposed again?
If I hadn't heard the same crap over and over for 13 years, I'd be a lot less cynical.
Pray tell me, where in our ordinances does it state that an inspection can only be initiated if a tenant or the property owner complains? I've read them over and over, and I sure can't find it anywhere.
Chris,
I have Steve's email address and I am sure that he will not care if I give it to you. You can email me from my profile page. I did not see an address for you. Just trying to facilitate things.
Mark
knightrain: ARe you a slumlord wannabe? I bought Bill Baize's other property at 619 E Main a year ago. I'm now watching as all his slumlordly cover-ups fall off and the full extent of 30 years of neglect shows thru. I will spend $100,000 before I"m done to undo the damage caused to this beautiful historic house. I also looked at 703 E Main and it's the same stuff. YOu comment is most perplexing...unless you're a slumlord.
Before this thread becomes too divisive, we have seen here a prime example of how this issue is viewed through out the community. There are those who feel there safety is threatened, those like my family and I who feel as though they can get a moments peace, and those who are luke warm, "yeah something has to be done, but what?", and those who feel that everything that can be done is being done.
The simple unavoidable truth is rather simple. Any action to be announced by the current administration (and I am not faulting them) is purely reactionary. Enforcement of the current codes is purely reactionary. After the fact, when the damage is done.
We must have measures put in place to be proactive, to as effectively as possible eliminate this problem from our community.
And this does not just mean the slumlords, the bad tenants, but also owner occupied homes that are in shambles through neglect, indifference, or ignominy.
code enfocement is only one piece of the puzzle, as well as a rental inspection and certification program. Pressuring for new train of thought amongst politicians regarding this is also only one piece of the puzzle.
community associations, churches, civic groups, and individuals must also be a part of the solution as well.
In reality, the problems regarding this topic are only a small percentage of total homes in the city, but as the old saying goes one bad apple spoils the bunch.
The preceding is what the rational side of my brain says. The primal side of my brain kicks in with fight or flight, and I choose to fight. But I have to say I am tired, I am tired of writing letters, taking pictures, making phone calls, giving the same address time and time again. But I do not want to give in, but on the other side of that note, I do not want to become one of those people that city employees roll their eyes when the hear my voice, read my letters, or see me coming. So wheres the happy medium? Where is the nirvana in my little piece of the American dream?
On monday, I will file yet another official complaint, I am sure it will not be more than 48 hours before the landlord is contacted this time, and he has a right to know who filed the complaint, in which I am sure he will tell his employee, AKA his tenant who filed it, then the circus will start all over again. insults, intimidation, vandalisms, louder and louder music, imputations of racism and discrimination, and so on. But in an environment such as ours, where those who choose to make life miserable for those around them, those who choose to ignore the laws, and the simple concept of common courtesy, in an environment where those peoples "rights" are more delicately guarded and dared less to tread on, over the fundamental rights for entire neighborhoods to be free from unsafe, unclean, unlawful situations to be protected. Until this mind set changes from top to bottom, what else can we expect?
Congratulations, Knighttrain. You've excelled at capitalism. Hard to figure why other won't do the same ... but wait ... slumlording is a form of capitalism, isn't it?
Doesn't make 'em Kulaks, though, hard as we may wish it do be so.
Thanks Steve, I will call you today.
"But the truth is there are many in the downtown area who have a vision that is not very realistic, or they just are not very tolerant of others outside of what they perceive to be their social class."
Pleasant thoughts from someone who previously bragged about turning a big profit on a slum, but I digress.
Please, expand upon this thought, Mr. K. This is looking increasingly like a topic that needs to be elevated to the marquee. If you agree, then I'll do so -- and the remainder of the unrealistic crowd can have a chance to join the discussion.
Before we jump in with both feet, and my sassiness notwithstanding, note that I've made Knighttrain an offer to move this discussion to a new marquee thread. I make this proposal in an effort to do justice to what might be an excellent discussion.
KT, duly noted, and of course I've been sassy with you, too.
Now ...
DOES ANYONE PAY ATTENTION TO WHAT THE MODERATOR SAYS?
I'm tempted to delete whatever else is posted here until someone at least pretend to have read what I wrote.
Tomorrow the past couple of comments are going to be lifted to the marquee in a new posting. This is an important topic and I want all readers to see it.
KT & csd, do either of you object?
I read. I'll wait. KT is misunderstanding quite a bit.
Thank you. I'm now going to interrupt my other work and post the thread on the marquee.
Maybe I can beat the next poster who ignores what I've written. This is almost as bad as trying to get the anti-Price crowd to agree on sensible strategy (ducking rotten tomatoes) ...
I retracted my previous statement and offer a humble apology to both knighttrain and you Roger.
This entire subject just gets my blood boiling. I see every single day of my life the effects of substandard living conditions, for children, adults, and elderly. I do not judge people by their income, and any posts by me that may have alluded to that was either wrongly taken, or erroneously written.
As it is readily apparent that I am unable to maintain composure in regards to this subject, I humbly bow out of further discussion of this thread before I further unwillingly step on toes that truly deserve not to be tread on.
Chris, that's fine, and I appreciate it.
I'm trying to edit the exchange with your comments deleted as you wish, so that it offends neither of you to lift this up. Knighttrain has brought up an issue that is worth discussing, and many people lose sight of the threads once they slide down the page - a blog is not the ideal format for such a discussion, so I have to be creative sometimes.
Bear with me.
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