Newsletter about the City Council meeting of December 7, 2010 - Addendum on the Rental Property Task Force Recommendations

The third departmental report of the evening's agenda was the issue of recommendations brought forth by the Rental Property Task Force. This task force was proposed by Hank Guess at the City Council meeting of July 20, 2010. The Following is a summary of what was introduced at that meeting.

***Alderman Guess at the end of the meeting brought up the subject that he stated he has heard at neighborhood meetings. The issue of Landlords and Tenants. We hear about the conditions that tenants live in and the issue that they have with landlords. It appears that many times the police department has to intervene and rectify the situation with those tenants. He asked Manager Berry to appoint the appropriate staff necessary to take a look at the issues and concerns that the people and the community have with regards to landlords and tenants, just like we're doing with the pools and come back with some recommendations... Most of the issues deal with the tenants and once they are in there it takes some time to get them evicted. And generally that falls upon the burden of the police department. Hopefully there is something we can do that will help in that type of situation.

Manager Berry stated that City Council looked at that issue a year and a half or two years ago. They will certainly revisit that again. It's not easy. It is a very difficult issue to deal with. You have federal housing laws. Mayor Wright added that it is frustrating for other tenants to have a bad tenant and you can't get them out. Alderman Guess stated that it seems like a revolving door and there must be some kind of way to stop that revolving door. It does put a burden on the police department....

Alder Fox asked if he was talking about tenants or absentee landlords? Alderman Guess said he thinks it is both. Alder Fox stated that they have looked at the landlords and that's a problem ... Manager Berry stated that they would be glad to revisit it again, but there is no silver bullet. To do what other cities have done (That they've looked into) was going to be a costly, burdensome program. Alderman Guess said that he has heard that some communities require a background check on tenants.

Announced at the City Council Meeting of September 7, 2010 - RENTAL PROPERTY TASK FORCE - (Terms expire December 6, 2010)
Objective: Recommend approaches to City Council which will assist rental property owners in knowing and responding to illegal and nuisance behaviors being perpetrated by tenants. Recommend approaches to assist neighbors of rental property in reporting problems and understanding the City and rental owners’ response to concerns. Recommendations should be as simple and straightforward as possible and take into consideration impact on city staff and property owners, and the rights of citizens who rent property. This objective is to be completed in 90 days and will be assisted by City staff and the analysis of crime and nuisance data. Council announced the people who will fill these positions.

(From this meeting 12/7/2010) - Rental Property Task Force Recommendations - City Council formed the Rental Property Task Force in September 2010 to research rental property issues and to determine if additional rules and regulations were needed to address those issues in the City of Hickory. The Task Force met on several occasions during the past three months, whereby General Statutes and the City’s Code were studied and reviewed along with researching other municipality’s rental property issues.

After Reed Baer's presentation, Alder Fox asked if a grace period would be allowed for "Chronic Violators?" Captain Baer stated no grace period will be given. Alder Patton asked to see specifics relating to chronic violators. Alderman Guess interjected a proposed amendment that he would like to see the Task Force come back in six months to reassess the situation. He also interjected that he would like to see an additional officer added to Code Enforcement. Alder Patton said that this would allow this department to be proactive, instead of reactive, and this would put the commitment behind Code Enforcement to clean up the neighborhoods. Alder Fox added that she agrees with what has been said, because these properties effect all of the folks who live around them. Alderman Guess stated that he wants someone (hired) who can devote themselves to this issue (code enforcement). The Mayor stated that he would like to see more information and does not disagree, but he would like to see a stronger case built to see what we get from that, that we are not getting now. He added that he had no basis to agree to this proposed amendment. Alderman Meisner stated that is why he would like to see a recommendation come from staff. He stated that he would like to see the City Manager, Police Chief Adkins, and Captain Baer come forward with recommendations. The motion set forth by Alderman guess was voted on and Alderman Guess, Alder Fox, and Alder Patton supported it, while the Mayor, Alderman Meisner, and Alderman Seaver voted against it. Therefore the motion failed.

An alternate motion was put forth by the Mayor to reconvene the Task Force in 6 months and Captain Baer have come forward with recommendations detailing costs and whether it is the top priority by the end of January. Alderman Seaver stated that this could not be done immediately, because it would take a mid year budget amendment to do that. Alders Fox and Patton stated that this is done all the time. The Mayor interjected that he did not have time to consider this, but amendments generally come from staff -- doesn't have to, but generally does. Alder Fox stated that this issue has been around for years. It is something that maybe we have chosen not to deal with, but it is an issue that is out there that people deal with every day. Alder Patton added that if you lived next to this that you would want the issue to be dealt with. Alder Fox added that the Council chose not to go with the more complex ordinances,. they chose three fairly simple steps to an issue that is not an overnight issue. The issue that she has dealt with in West Hickory has been there since she has been in on Council and it's not going away. The Mayor stated that he doesn't disagree that it is an issue, but we have lots of other issues. Alderman Seaver stated that we need to see how the Code enforcement Unit has done this year and see what recommendations may come out of that we have not heard that. The Council voted 5-1 (Alder Fox voted no) to accept the task force recommendations with the addition that the Task Force will reconvene in six months (Alderman Lail was absent).



The Hound did not fully grasp this issue as Alderman Guess presented it in the beginning. It appears that we have shortsighted interests that are protecting a cabal of rental property owners who are worried about being held accountable for all of their properties.

The largest property owners in the area think that each property that they own should be looked upon as an entity in and of itself. They don't want to be held accountable for their properties as a collective. If they own property in a run down section of town that has several strikes against it, they don't want those strikes lumped in to have a bearing on their upscale properties in the "nice" part of town.

Those of you who have read this blog will understand that my issue with Code Enforcement and the nuisance ordinances is the arbitrary nature in which they have been enforced. Middle Class home owners and small business owners do not receive the same consideration as the heavyweight developers, the real estate brokers, and other connected people receive, because these business owners will call in their markers to extend and delay the process to their benefit, while no such consideration is given to those less fortunate.

This arbitrary nature of enforcement has been a pet peeve of all those associated with the Hound. We have seen it time and time again. There is a feeling of a loss of confidence in the leadership of this community that festers underneath the surface. When those who pass laws do not administer those laws with equality of justice it hurts class, race, and other cultural relations within the community. That is why the city is having a hard time filling positions on Boards and Commissions, because the average citizen feels that they have no real input into the system. They feel disenfranchised.

There have been too many of these task forces and commissions where the city staff has gone against the majority's will or the will of the people. There have been too many instances where these issues get pushed to the back burner, if the recommendations do not fall in line with the priorities set forth by the Mayor and City Manager. There have been too many instances where these commissions are stacked with people who are placed in their position not to find the best answers, but instead to carry out the personal wishes of the Council member that they represent.

There was a certain member of this Rental Property Task Force that did not want to set forth any recommendations. Basically, that is currently what would be coming forward from this process at this time, if not for the firm stand taken by Alderman Guess, Alder Fox, and Alder Patton.

Some people believe that the Chronic Violator ordinance set to go into effect on January 1, 2011 will take care of this issue. If in six months the statistics come back and the issues are still not settled, will those who have stood against doing something proactive regarding out of control properties finally confess that they are wrong about their direction, which is no direction, and admit something needs to be done? Probably not, they will probably say that it needs to be given more time, because these egos don't ever want to admit that they might be wrong.

The main issues involving these properties are not the nuisance code violations related to physical property. The main issues are the criminal element. There are drug, domestic violence issues, vandalism, and other criminal aspects associated with most of these properties in question. These aren't nick nack paddy whack issues. These are properties where landlords are not putting a check on reckless, out of control behavior. These are hardcore issues of properties that are dragging down neighborhoods and communities. How would you like to live next to one of these properties?

This is the exact same issue as when the City created the Drinking Ordinance and told the Drinking Establishments (Bars) that it was their responsibility to police the parking lots of their establishments and know what their patrons were doing outside (and even off) of their properties. If a bar owner can be held accountable for his patrons outside of the establishment, why can you not hold a landlord responsible for his tenants behavior on the owners property or when they are disturbing their neighbor's peace?

A landlord is no different than a bar owner. They are both business owners. You are providing a service and/or good for your customer. This shows the mentality and mindset of double standards that are practiced in this community. How is being a slumlord supposed to be more prestigious than owning what some might consider a honky-tonk? Why don't we create an ordinance to zone the ghettos or are these already unwritten zones that have fostered these areas within our community based upon wink and nod governance?

This type of implied acceptance of problem properties is having a negative effect on properties in Kenworth, Ridgeview, Green Park, and West Hickory. The majority of landlords have been responsible with their properties. The numbers are showing that a few rental property owners are having problems at multiple properties, because they ignore what is going on at their properties, which are their responsibility. There really are no valid excuses. These people don't secure their properties, because they are cheap and they just don't want to pay the cost to properly maintain their business.

There have been too many people in this community who have benefited from insider politics. Getting a scoop and running with it or using inside information and personal relationships to their advantage without regard to adverse effects to the community at large.

I would just like to understand what the Mayor, , Alderman Seaver, and Alderman Meisner are thinking. Nothing that Alderman Guess proposed was outlandish. Alderman Guess praised the Code Enforcement team. What he wants to do is let them be more proactive towards nuisance problems, instead of waiting for neighbors to have to call up with a complaint, which can lead to hostility. I don't think that Alderman Guess is proposing that Code Enforcement go snooping around seeking to find petty physical property violations. I think many of us know where the problem areas are. I think that Alderman Guess, as well as Alders Patton and Fox see this process as a conduit to help restore neighborhoods that are hurting and have been hurting for a long time.

One of the issues that truly has me perplexed is the Mayor, Alderman Meisner, and Alderman Seaver stating that they generally don't make mid year appropriation amendments to the budget unless the issue is brought to them by staff. Why do we have a City Council? Because this sort of ideology basically renders the Council to a ceremonial status. Logically if City Staff is there to bring all issues forward and the role of the Council is to rubber stamp what "Staff Recommends," then we don't need a City Council or a Mayor!

We don't need an impotent City Council. We need a vibrant City Council. I understand that the Council should be appreciative of City staff, but the Council is in charge and that is what most of the citizens of this community expect. They expect the Council to take an active role in solving the issues that effect them on a daily basis and believe me if you live next to one of these rogue properties, then you want the Council member from your ward to have input on this issue.

That is really something that upsets me about Mr. Meisner's and Mr. Seaver's position on this issue. There are known problems in the Highland area and in the Kenworth and Green Park areas that need some resolution and these men punted on the issue, when it directly effects their constituents. What is behind that? There has to be something behind that!

The Council hired the City Manager and the City Manager is the boss of the City Staff. The City Manager serves at the pleasure of the City Council who serve at the pleasure of the citizens of Hickory. How did everything related to governance ever become so perverted around here. What we see now is that when Council members want to hide behind an issue they point to the city bureaucracy. When they don't want to make a decision, they point to city staff. Well, in the end you cannot hide behind the decisions that you make. In the end, you will be accountable for decisions that are made or are not made, because it is my argument that this mentality is a big part of the reason why nothing ever gets done around here and that is a big part of the reason for the stagnation we see in this community. The art of "Pass the Buck" has been perfected in the City of Hickory!

It was insinuated that the Mayor needed time to study this issue; when, as Alder Fox stated, this issue has been going on for years. Alder Fox is completely in the right here. What the Mayor was saying is that this issue blindsided him and it wasn't discussed at the meeting before the meeting and he wasn't going to make a decision in this arena at this moment. The Mayor had been put on the spot and that was obvious, but it is now clear that he stands on the side of rental property owners who don't want to be held accountable for their properties.

I would like to thank Alderman Guess for bringing this issue forward and Alder Fox and Alder Patton for taking a firm stand on this issue. This is leadership. You may think that this issue doesn't effect you and it may not today, but with the way that the current economy is suffering and the change in the nature of the make-up of our community, it could honestly effect you at a point in time in the near future.

What if you have been living somewhere for years (say 20) and a rental property owner takes over a foreclosed property next door and puts just anybody in there. What if drugs start being sold out of that property or the people who rent the property are irresponsible and/or rowdy? What if 50 strange cars start coming by your house every day? Then this issue will come to bear; and if you don't understand it now, you will understand it then. This not only effects your peace of mind, it effects your property value and therefore your investment.

I think that Council members need to divulge whether they are rental property owners or not before they vote on this issue, so that the public can see whether they have a conflict of interest on this issue or not. It is time that the Council starts representing the community that put them into office, instead of what benefits their own personal interests!