Property program needs enforcement
Jason Johnston, jason@emporiagazette.com
Thursday, January 12, 2012
The City Commission determined during its Wednesday meeting that the new property enforcement program cannot be effective without forced abatement protocols attached to each property violation.
“At this point, I would like to see us push forward with something very simple, very easy and set time frames on pushing forward with that,” Commissioner Joel Phipps said. “...It would benefit the community and the commission to break it down and to focus our efforts only on enforcing what we currently have in place.
“I would like us to focus our efforts in the first 12 months on more nuisance-type items, maybe, more specifically, structural-type issues or deficiencies.”
Commissioner Rob Gilligan said he thinks this is a good program and Emporia should have it as a community, but now the commission expects every citizen to help pay for this enforcement process.
“We recognize that the biggest impact comes from our rental industry,” he said. “They make money off of rental properties, but we don’t expect them to bear an extra burden or extra cost to help fund the program.”
Commissioner Jim Kessler said maybe this happens and maybe it does not. The burden could be on the home owner.
“I see this as more of a ‘clean up Emporia’ issue,” he said. “I don’t know if I want to spend this kind of money either, but I am willing to talk about it. I am willing to have public meetings, and say, ‘Hey, taxpayer what do you think?’
“My first impression is that I don’t want to add to our government ... We need to decrease the size of government and not add to it.”
The problem with force abatement comes when owners or renters can only afford cheap houses, such as a $15,000 home, and can barely get by, Gilligan said.
Phipps said the community has good people who can help the home owners fix their properties, such as church groups, Habitat for Humanity and Rebuilding Together.
Aaron Sewell, an area realtor with RE/MAX LLC and a volunteer for Rebuilding Together, said Rebuilding Together is a non-profit group that helps handicapped, elderly and disabled veteran homeowners.
“We help them maintain their homes, so they can stay in it,” he said. “We look for safety and health issues and try to correct that. We’ve built wheelchair ramps. We put in handicap accessible features inside the house for the bathroom area, kitchens and things of that sort.
“If you are a property owner renting a property, and you can’t maintain it, you need to sell it.”
Sewell owns about 13 properties in Emporia and other smaller towns. He thinks sometimes tenants are on a limited budget and cannot afford to move.
“They have to kind of be happy where they are at, sometimes, which is unfortunate,” he said.
Tenants need an avenue to file their complaints without being ridiculed by their landlord, Sewell said.
The city discovered through Lyon County records that 664 residential properties are owned by absentee owners, who are from another state or are from another town.
Emporia Fire Chief Jack Taylor said when the city takes absentee owners to municipal court over building nuisance code violations, and they do not show up, the city cannot fine these owners.
According to city documents, staff recommends the program be started in the following phases:
Phase 1 could start in June. It would increase the demolition budget from $7,500 to $15,000. The phase sets up a loan program to help property owners with up to 50 percent of demolition costs, and authorizes the city to accept properties if a property owner is unwilling or unable to pay for demolition.
Phase 2 could start on Jan. 1, 2013. It would increase the budget for demolition from $15,000 to $30,000 per year until all structures are demolished.
It establishes funding for owner and rental property repairs and rehabilitation to bring properties into compliance with city’s minimum housing codes. This would be based on the state’s program and would apply to low-to moderate-income owners and renters. Staff proposes the initial funding be $50,000 for the first year.
The City currently receives $125,000 per year for two years from the state and there is still a considerable backlog of applications that meet the criteria.
- Subsequent phases could start Jan. 1, 2014. They would increase the budget for property repairs to $100,000 per year and the program will be evaluated.
bluebonnet (anonymous) says...
“If you are a property owner renting a property, and you can’t maintain it, you need to sell it.”
That is a valid point, but probably easier said than done. As a realtor, Mr. Sewell should know that. A house that isn't meeting minimum code requirements isn't exactly the first thing people look to buy. Most people don't want to buy a "money pit" unless they have lots more time and money to sink into it in addition to the purchase price.
January 12, 2012 at 1:42 p.m. ( permalink | suggest removal )
create (anonymous) says...
"Phipps said the community has good people who can help the home owners fix their properties, such as church groups, Habitat for Humanity and Rebuilding Together."
Sorry, Mr. Phipps, but many, many properties are owned by slum lords who have no intention of sinking much money into their properties; they only want the rent collected.
Perhaps what needs to happen is the commission be given a map of sub standard houses that are being rented out so they can get a first hand look instead of just throwing words at the problem. Why do these people insist on looking the other way?
Yeah sure, Mr. Kessler, maybe it doesn't happen. Wow, what a responsible member of a governing body.
If and when the commissioners take a tour, start with the code violators that don't show up in court. That's a good place to start. The fire department has a list.
January 12, 2012 at 1:57 p.m. ( permalink | suggest removal )
bluebonnet (anonymous) says...
Create, I agree with you about Mr. Kessler's remark. I found it very condescending and patronizing. He needs to be sent packing.
January 12, 2012 at 3:15 p.m. ( permalink | suggest removal )
JustWondering (anonymous) says...
Commissioner Phipps should check his facts before making comments about church groups, Habitat for Humanity, and Rebuilding Together doing repairs for all these properties. Alan Sewell corrected him that Rebuilding Together is a non-profit group that helps handicapped, elderly and disabled veteran homeowners. Habitat for Humanity builds homes for low income families and does not do home repair or maintenance. Most of the church groups do repairs and maintenance for elderly, disabled, and low income families that unable to do this on their own.
There are no groups that I know of that will do repairs for landlords or people who can afford the repairs on their own. If Commissioner Phipps knows of any I would be interested in having him list them.
January 12, 2012 at 10:28 p.m. ( permalink | suggest removal )
hometownkid (anonymous) says...
create,justwondering, I took that when Commissioner Phipps said "homeowners" he was referring to owner occupied houses. Or all homeowners not just landlords.
And yes there some landlords that need to be cracked down on. I hope that is part of the three phase plan that the commission is talking about.
January 13, 2012 at 6:18 a.m. ( permalink | suggest removal )
create (anonymous) says...
"Phipps said the community has good people who can help the home owners fix their properties..."
hometownkid, I'm sure he did mean owner occupied homes; nonetheless, Justwondering has commented correctly about volunteer groups. Those groups would never have enough time nor funding to fix owner occupied properties.
I'm surprised Phipps doesn't know this. Isn't he in real estate?
I can name several real estate outfits that rent or manage properties and need to be brought to task for the deplorable conditions of their rental places. But I won't. They should know who they are. The problem is, they just don't care.
January 13, 2012 at 7:59 a.m. ( permalink | suggest removal )
thrashed (anonymous) says...
"we recognize that the biggest impact comes from our rental industry,” he said. “They make money off of rental properties, but we don’t expect them to bear an extra burden or extra cost to help fund the program.”
Why not Mr. Gilligan? You expect everyone else to pay for the cities little pet projects.
January 13, 2012 at 8:20 a.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
so i got a phone call this morning. it was the emporia fire dept. i no longer have rental properties, but they think i do. they are inspecting all duplex and larger properties. for a fee of course. so now section 8 housing, walks thru once a year, insurace companies inspect, the bank inspects, all for a fee. what the he!!.... this is all in response to the 2 chinese students were involved in an accident!! why doesn't the city get with everyone else? are all these different entinties doing the same inspection really necessary?? after all that fire was an accident, the landlord didn't do it or cause it.
January 13, 2012 at 12:53 p.m. ( permalink | suggest removal )
trashman (anonymous) says...
So they can't get absentee landlords to show up, no problem, just fine them anyway and when they don't pay add it to their tax bill. Then they either pay or lose the property for non-payment, If any of those properties have mortgages, I think the fines get paid on those, the others end up in tax sales and maybe the city is better off. Possibly not the best solution, but it would be a start.
January 13, 2012 at 12:55 p.m. ( permalink | suggest removal )
mike_nelson82 (anonymous) says...
I think you're confused scarlett01_98. This has nothing to do with the students in the fire, or very little. The housing issue in Emporia has being going on for years, and having rented apartments in Emporia for seven years, I'm glad steps, even though they are small, to clean up these slumlords is music to my ears.
I do feel sorry for those landlords who are responsible for their property that will have some hoops to jump through because of those that do not care about their property, but that is usually how it goes; life is nothing but a series of those that do their obligations but have to pay for those that commit the crime.
January 13, 2012 at 2:38 p.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
nope not confused at all. thats what the guy from the fire dept said. its due to the chinese students. my hearing is fine. why don't you jump into the rental property business then you to, can jump thru hoops....
January 13, 2012 at 5:08 p.m. ( permalink | suggest removal )
mike_nelson82 (anonymous) says...
Again, you are still confused.
Also, what does it matter if the Chinese student’s deaths were a catalyst for positive change? You act like this is a negative. Even if their deaths were not related to substandard housing, I believe their deaths can finally bring about a positive change for Emporia. I’m guessing you are one of these shred landowners that believe a few deaths aren’t that big of a deal, so having any sort of regulation simply bunches up your panties. Again, I ask everyone to go inside the Linden apartment on Merchant Street, and sincerely ask yourself if you want your family member to live there. Why don’t you rent a room for a month Scarlett, and then we can have a sensible conversation.
I also want to say that the death of the two Chinese students was a horrible thing, and I hope that people don’t blame the two students for any regulations that will come from this housing issue. To use their deaths for a point of hostility is just as bad as the housing in Emporia.
January 13, 2012 at 7:49 p.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
looks to me like you are using their deaths as a platform to trash other people.. i feel sorry for you.
January 13, 2012 at 8:31 p.m. ( permalink | suggest removal )
mike_nelson82 (anonymous) says...
Do you even know what started this discussion in this direction?
January 13, 2012 at 8:52 p.m. ( permalink | suggest removal )
methusla (anonymous) says...
A perfect example of what I and others have been saying about our elected " Leaders " ability to listen to the people and why hardly any of the people bother to attend a Commission meeting !! Way to go Mr. Nelson, your comments just proved a point that has been made numerous times.
Mr. Nelson, FYI, the fire that caused the tragic deaths of two ESU students was as follows, "The cause of the fire has been determined to be combustibles left near the floor furnace in the duplex. Items left near the grate were clothing, a cushion and pellet rifle."
As far as the evidence goes, the place they were living in was up to code and did not cause the fire .
I just can' t wait to see what kind of new ordinance will be bandied about and possibly enacted, due to the ESU student that wrecked his car, after shooting himself, while driving !
I am sick of some people trying to absolutely dictate to all people how they should live their lives.
When our governments start paying the peoples bills, start paying for and fixing and maintaining their homes, etc., instead of taxing them into the poor house, bankruptcy or not being able to afford to pay for their own home maintenance, etc.., then you will start to see a better, more beautiful, worthwile Emporia and world .
JMO
January 13, 2012 at 10:19 p.m. ( permalink | suggest removal )
mike_nelson82 (anonymous) says...
I agree with you Methusla that the Chinese student’s deaths were not related to substandard living, but was just an unfortunate accident. The problem now arises that their deaths will be used by those both against, and those for a building ordinance. I think the Chinese students should not be brought up again, and the focus should go back to what the city should do for cleaning up the substandard living in certain apartment complexes.
I do believe that the city should do something, since if the housing is cleaned up, then the city will earn more cash in the long run because more students will be more willing to stay in town, and it will bring in more students to attend Emporia. I went to ESU for seven years, and I know that students wish that there were more quality housing options. Instead of building giant rocks, or giving supreme power to those already in power in Emporia, they should instead focus on the simple things to make Emporia a stronger city. I’m still not sure why this is such an issue, because who would want their own friends and citizens to live in substandard housing. I understand this will be a burden to some, but nothing changes for the positive without a few bumps.
January 13, 2012 at 10:35 p.m. ( permalink | suggest removal )
methusla (anonymous) says...
What happens is, people bitch about housing associativly with " slumlords ", those who own rental properties, that won' t or can' t maintain them. Due to both their own greed and due to the people they rent to. I think we all know that there are a lot of college students that are, in no way, interested in taking care of some one elses proplerty, regardless of how much the rent is..
Let me give, you an example of what I say . Years ago I was unfortunate enough to be out of work. I took a job, working for Bill Ames. Who owned several rental properties near the college. I worked as a repair/maintenance man for for him. And let me tell you, these kids that rented these properties, did more to tear up the properties than take care of them . Bill, finally got to the point that he couldn' t even make enough from the rent to pay for maintaing them or keep me on as a repair/maintenance person and sold all of his rental properties.
The first paragraph in the lead in story states the following,
" The City Commission determined during its Wednesday meeting that the new property enforcement program cannot be effective without forced abatement protocols attached to each property violation."
This statement does not single out what the biggest complaint seems to be " Rental Properties ", but, rather just indicates " property " in general.
And therein lies the rub -- at least with me -- as I am disabled/handicapped and am not able to do the work, maintaining myself, nor am I wealthy enough to hire some one to do it for me. And yet I/we, those of us who are not " Rental Slumlords " are looking at being, possibly fined or possibly jailed, if I/we can not afford to meet someone elses perceived, wanted, dictated standard of living !
Since I am disabled/handicapped, who's standard of living am I in violation of for that ?
As for keeping college students in Emporia, after graduation ? Most college students say that the number one thing that makes them leave Emporia, after graduation is, Lack of Jobs .
The college students themselves said that the reason they do not stay in Emporia on the weekends, etc. is because of Emporia does not have any fun places or things for them to do and that the drinking age enforcement was too strict. And if I remember correctly, the condition of rental housing was the least important of their concerns.
What is wrong with Emporia and the world is, there are to many " Lords and Ladies ", " To many Chief's and not enough Indians " . To many "Do as I say, want or demand " people !
JMO
January 13, 2012 at 11:41 p.m. ( permalink | suggest removal )
create (anonymous) says...
This discussion seems to be going way in the wrong direction.
First, I don't believe this property enforcement program relates to every property in Emporia. I honestly believe it's all about RENTAL properties that are not maintained or are kept in a substandard manner. We can't deny that those exist.
Second, I'd sure like to talk to the fireman who made that call to Scarlett. First, he had no right to even mention the fire that killed the Chinese students.
Second, what exact program is he referring to? As a landlord myself, I wasn't aware of one.
Third, if scarlett no longer owns rental properties, what kind of records is this so-called fireman working from? Old records? Why? Did he give his name? I smell a rat. Sounds like a scam to me. Time to make a few calls to the fire chief, the police chief, then to the city manager.
I own a duplex and have received no calls to inspect my property. They are welcome to come if the program does indeed exist, but I will first call the city to see if it does. Then I will question any fees to be paid. Certainly, no cash will exchange hands to some yahoo who claims he's a fireman. It's just plain bull.
Hey Gazette, might this be a good reason to look into this being some kind of scam?
January 14, 2012 at 8:01 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
I for one would like to know exactly what the City Commission means by " forced abatement protocals attached to each property violation " ? I have a feeling it means demolition, destruction, tearing down or removing and not reduced property taxes.
The forced tearing down, demolition or destriction of someones property (home), either by an individual, group or government, without monetarily compensating them for " their " property -- to me -- is not only " legally wrong", but also " morally wrong ", depending on the circumstances, of course !
Exactly what are we, as a society turning into, " Bully Boy, Big Brothers/Sisters " and whats, who or which of our rights is next to be trampled . Will we all eventually end up having to or being told that we must dress a certain way, drive a certain make and year of automobile, go to a certain church, eat at a certain restaurant, look at someone a certain way, have certain thoughts .
The idea of certain people dictating how everyone else should live, live their lives, etc., is not what the founders of this nation had in mind .
Most everyone says or demands " Less Government " involvement in our personal lives . But it seems that what we or at least some of us are demanding is " More Government " control of our or at least certain peoples lives, not less .
JMO
January 14, 2012 at 1:02 p.m. ( permalink | suggest removal )
hometownkid (anonymous) says...
Scarlett isn't the only one who got a phone call I believe.
I will be interested to see how this next year go's with rentals, and run down housing as a whole in Emporia. I for one am optimist that finally something positive will happen with this issue. By the way where are the Felix couple on this issue??? I haven't seen articles from them in a while.
UUHHMMMMM!!
January 14, 2012 at 1:17 p.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
ok,
create, i don't remember the guys name. i can tell you my husband works nites and was asleep. he was furious.....
you are right, he had no right to bring up the chinese students.
i don't know where he got the list of property owners, i did email bobbi mylnar. when i calm down i will read her response. and yes create they are inspecting every rental property that has 2 or more units. i have heard that there is a 20 dollar fee for each unit. that means rent increases.
my properties were not slums, btw. not new and expensive, but clean, neat and cheap. however i no longer own them.
i am in the same position as meth. i am disabled and very sick. i'm not gonna get better. so getting phone calls from the efd, just made me think someone had been hurt or killed. i don't need the upset, neither does my husband....
if i remember right there are 7,000 rentals in emporia, how is the efd ever going to inspect all of those?? section 8 housing already does this inspection, so why not use those inspections, rather than duplicate things?
sighhhh
January 14, 2012 at 2:41 p.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
before i forget again,
its not a scam, my caller id came up as lcat, the number i call because i am not able to drive, and the state took my drivers license. i have to use lcat to get to the dr.... but that is a whole nother situation......
January 14, 2012 at 2:54 p.m. ( permalink | suggest removal )
create (anonymous) says...
I'm so glad to hear from you again, scarlett, thank you for further explaining.
Shame on the efd for not being up to date on their records, but I'm not surprised. Someone down there needs to bring records up to date.
Scarlett, you should call the city and scream at them because you have made an excellent point about duplicating services. I'd accuse them of doing this solely for the $20 fee. I hope Bobbi can help you.
January 14, 2012 at 7:01 p.m. ( permalink | suggest removal )
scarlett01_98 (anonymous) says...
thank you create,
as soon as i can have a conservation with the city commisioners without losing my temper, i will. honestly when i saw the caller id, my first thought was lcat is going to cancel me again. the second thought, when i heard efd, was someone is dead.
i hope bobbi mylnar is reading this thread, so she has a heads up. either way there was no real reason to call me in the morning about this.
also, the city commisioners do not want to hear from my husband..... it will not be a pleasant experience..... believe me...
January 14, 2012 at 8:09 p.m. ( permalink | suggest removal )
booker5m (anonymous) says...
After looking around the city today looks to me like the city should do some cleaning up! They cant even keep trash off the street or sidewalks downtown and they feel the need to tell property owner they need to clean up? And no need to say anything about the. run down streets. We are way to busy putting up rocks and other needless nonsense
January 14, 2012 at 8:17 p.m. ( permalink | suggest removal )
create (anonymous) says...
Good comment, booker. Last year, I made a similar comment about how dirty the downtown area looked and was immediately informed that it was difficult to keep downtown clean amid snow and de-icer and all that stuff. I wonder what their excuse is this year. We haven't had any snow nor ice. Trouble is, the downtown area always looks dirty.
Yes, yes, the little gardens look nice in the spring and part of the summer until the keepers forget to water. But, the trash still blows around and the sidewalks are always littered with cigarette butts and all manner of crap.
People in Germany get out every morning and sweep their sidewalks religiously whether they are shop keepers or homeowners. And it snows in Germany much more than it does here.
I'd like to congratulate Muckenthaler's for keeping their sidewalks always clean. Someone actually hoses down their sidewalk and it always looks so nice despite all that railroad dirt that settles there. Thank you, Muckenthaler's. I like shopping at your store for good merchandise and cleanliness. Anyone need a good knife or pan? Go there!
January 15, 2012 at 4:48 a.m. ( permalink | suggest removal )
Richie (anonymous) says...
As a former Emporian, I'd like to share my feedback. I was born and raised in Emporia, but I haven't lived in the city for 15 years+. Even then, there were properties that needed a good washing and/or renovation. That said, it's a difficult endeavor to get property owners to clean up!
I visit eTown, once a year.
I will say Emporia has radically declined in terms of decent places to rent, and buy. Whether you're referring to shoddy properties on Prairie Street (just south of I-35) or near the ESU campus, Emporia has unfortunate eyesores called "rental properties." Yes, renters can be blamed, but the property owners must take the ultimate blame. Call out the renters on the spot, or evict them! Easy!
How difficult is it to regularly use a broom or paintbrush? Albeit, I am a Democrat, but I know I sound like a Republican with that comment! ;)
January 15, 2012 at 5:19 p.m. ( permalink | suggest removal )
booker5m (anonymous) says...
Just read about this today.
Emporia city leaders had a congenial but meaty discussion with local lawmakers Saturday.
Topics like tax policy, derelict housing policy, education funding and historic tax credits were discussed in detail. City Commissioner Rob Gilligan says his main concern is the possibility of a cost or funding responsibility shift from the state to the city.
Right after the State of the State address Wednesday, Rep. Don Hill told KVOE News he had "grave concerns" about Gov. Sam Brownback's education policy because it could keep Emporia's funding flat while other districts benefit. He's still concerned, and he's also concerned about the prospect of historic tax credits going away at a time when Emporia might establish an historic district downtown.
City leaders presented lawmakers with their 2012 legislative policy statement, which includes 11 priorities:
A repeal of a two-year liquor licenses. City commissioners want the repeal because Emporia has annual inspections, and they feel there is not a strong incentive for business owners to comply with public and life safety codes.
Return of demand transfers. The state made annual payments to cities and counties for years but eliminated them in 2002.
911 emergency services. Emporia wants to continue current funding levels to maintain the 911 public safety system. It also wants local control of the 911 system, and it says the 911 tax should include both landline and wireless communications.
Emergency rescue services. Emporia is opposed to any laws that would bar the collection of fees to provide emergency response services as needed.
Interference with 911 calls. City leaders want activity like threats, violence or property destruction as intended to stop a 911 call to be a crime.
Collection of unpaid fees for services provided. Emporia wants a law so cities and counties can file a lien for services provided if bills are more than 60 days overdue. A wage garnishment option is also supported.
Payment of outstanding water bills. Emporia leaders support a law that would require landlords to pay outstanding utility bills if tenants do not close their accounts and pay all outstanding amounts in full.
Transportation. Emporia wants transportation dollars set aside so U.S. Highway 50 can be widened to four lanes from Emporia to Hutchinson. It also supports funding for rail improvements like quiet zones, underpass improvements, additional sidings and new daytime passenger rail service.
Concealed carry. City leaders want home rule authority to stay as is, meaning the city can regulate where concealed firearms are forbidden.
Housing. Emporia is asking lawmakers to restore a part of a federal block grant to demolish substandard homes.
Seat belt fines. City leaders want the authority to assess court costs to recover costs of prosecuting seat belt violations.
January 15, 2012 at 6:26 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
booker5m,
Thanks for the heads up on this list.
It sure is comforting to know our commissioners talked to club owners about this liquor license repealing thing. Wish they would have contacted me.
If the excuse for this is what's reported, it is pure bunk.
The state started to do this to save money on license renewal processing. We still get a health inspection at least once a year. Fire and building inspectors are allowed in any business by law any time they request. They can shut down any business for violations now.
I don't think our new city clerk, Kerri Sull needs to be hassled with the paper work every year. I sure don't,
I LOVE THE TWO YEAR RENEWAL PROCESS.
The number of man hours on these apps by city employees does NOT need to be increased.
What are they thinking?
January 15, 2012 at 9:25 p.m. ( permalink | suggest removal )
goodoleboy (anonymous) says...
Note to the idiots, the people with concealed permits are not a problem, nor something to worry about. Tighter gun laws just make it easier for the criminals. Stop wasting your time, Congress may make all your BS a non issue this year.
January 16, 2012 at 5:31 a.m. ( permalink | suggest removal )