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Last modified
5/29/2014 4:35:21 PM
Creation date
7/3/2013 10:42:35 AM
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Planning Files
Planning Files - Planning File #
3708
Planning Files - Type
Zoning Text Amendment
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Page 2 of 3 <br />percentages. Percentages are of no consequence unless the hard numbers are also included to lend <br />credence to actual problem properties and justify the need for an intrusive code. All of the code <br />violations that staff inentions (again no hard numbers) are of exterior variety that can be addressed <br />with no intrusion onto or into the property. <br />Staff ESTIMATES "that 10% of rental homes are overcrowded", but gives no basis on which tliat <br />estimate is made aside from the numbers of vehicles that may be parked outside. <br />Section 907.28 is a requirement that should be eliminated from any such code. The usage of utility <br />services in small rental units are universally paid by the tenant since the tenant is the one who <br />generates and uses such services. Requiring the landlord to pay for such services wouId only <br />contribute to the waste of electric and water utilities since the tenant wauld have no reason to <br />conserve. If the landlord is required to charge back these services to the tenant it would require a <br />manthly separate billing which is nflt always available at the end of each month. The electric company <br />already bills each tenant for their electric usage as does the city for water and sewer, If there is <br />delinquency in the water/sewer bill at the termination of a rental lease, that is charged against the <br />property owner the same as it is against a private home awner. Also, there is no problem with the <br />refuse owners in billing tenants for refizse pickup so the city should not insert itself into that arena. <br />Mention is made of the fee that is to be imposed for this "service" and how small and irrelevant it is. <br />However, no mention is made of the total cost of this ardinance and it is a known fact that the fee <br />would not cover the total cost. Therefore, it is a foregone conclusion that the cost will most certainly <br />rise and the fee along with it for future years, which only places added pressure to raise rent structures <br />out of the reach of those who can least afford it. <br />Staff inentions several times in several places of "numerous complaints", "periodic calls", "negative <br />impacts", "citizen complaints", etc., but gives no finn numbers that would indicate ihat there is an <br />overriding number of problems that need to be addressed by this new code and licensing. <br />Finally, staff indicates that a duplex in which the owner lives in one half of the structure could be <br />eliminated from the ordinance. Let me assure you that where that is a fact, there is absolutely no need <br />for enforcement of such a code, since in that instance, the structure is also the home of the owner and <br />is taken care of in the same manner as that of a private homeowner. In such an instance, tenants are in <br />constant contact with the landlord/owner and all deficiencies are dealt with in a prompt and orderly <br />manner as needed and noted. Such a code and enfarcement thereof in such instances would be an <br />unwarranted infringement on the privacy of hoth renters and owners. <br />In conclusion, I would state that staff has not made a conclusive case for the institution of this code as <br />written and it should he sent back to staff for further revision and justification. I believe that any <br />violations of exterior praperty maintenance can and should be addressed by existing code enforcement <br />procedures and that interior deficiencies can already be addressed by tenants through existing <br />pro:,edures. The interior of one's home is sacred and inviolate by constitutionai authority, and may not <br />be violated upon the inordinate desire of government or it's staff to determine what is going on inside. <br />Government may only intrude into one's private home vvhen it is requested or when there is sufficient <br />evidence of unlawful acts or persons involved, and then only with court order. This is a freedom in <br />this country that is sacred and must be protected. <br />Thank you for your kind consideration of these comments. <br />,.< „-,i�nnti <br />
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