By Emerson Drake
6/5/11
We know through their Ad Hock Blue Ribbon Commission on the Homeless, that they are trying to outlaw the Christian practice of helping the less fortunate by passing ordinances regarding the feeding of the homeless by private individuals. Now they are trying to place a stranglehold on companies who manage rental properties.
Here is a copy of a report City Attorney is making to the Safety and Community Committee. At first it seems responsible enough but after watching the way they funneled controlled public monies to SCAP, can they really be trusted to regulate private properties?
Concerns exist that through this possible legislation they could force landlords to sell their investment properties to the Council's "friends" to avoid potential litigation and expensive lawsuits.
Councilmen Marsh and Lopez are running for mayor and re-election for council respectively. Is it possible they could they be motivated by campaign contributions?
Don't forget that Hawn and Burnside are both alternates, as are Muratore and Ridenour.
That doesn't leave a lot left over does it? Well, none actually.
All to be punishable by a $1,000 fine and six months in jail.
TO: Safety & Communities Committee
FROM: Susana Alcala Wood, City Attorney
SUBJECT: PROBLEMATIC PROPERTY REGISTRATION PROGRAM
CONTACT: Susana Alcala Wood, City Attorney, swood@modestogov.com, (209) 577-5284
DESCRIPTION:
Report regarding research on implementation of a program to require property owners of
problematic properties and/or their property management companies to register with the City of
Modesto as a penalty for failing to properly monitor and/or manage their tenants, and maintain
the condition of their rental property. For Committee review, discussion, and further direction to
Staff. (Funding: Not applicable)
FISCAL IMPACT:
This is a presentation of a report for the purposes of seeking further Committee
recommendations and direction. Accordingly, there is no fiscal impact at this time.
BACKGROUND:
Councilmember Brad Hawn requested a report back from the City Attorney regarding
possible implementation of a program whereby property owners of problematic
properties and/or their property management companies would be required to register
with the City of Modesto for their failure to monitor and/or manage their tenants and
condition of the rental property after they had failed to comply with a Notice from City
Code Enforcement.
Property values and the general welfare of the community are founded, in part, upon the
appearance and maintenance of private properties. The intent in implementing such a
program would be to assist in establishing and promoting health, safety, economic,
aesthetic, and general welfare of the citizens of the City, and to improve and protect
neighborhoods against nuisances, blight and deterioration by establishing a landlord
registration program as a mechanism to protect (1) neighborhoods; (2) commercial
areas and (3) the City as a whole, from the failure and lack of adequate maintenance,
control and/or management by landlords. Safety & Committee’s Meeting, June 6, 2011
Problematic Property Registration Program.
Safety & Committee’s Meeting, June 6, 2011
Problematic Property Registration Program
Page 2 of 3
The vast majority of rental property owners and rental property management firms are
responsible and responsive to notices received from the City regarding potential
maintenance problems on their properties. However, there are a number of problematic
properties and owners that do not respond to mailed notices or notices posted on the
properties by Neighborhood Preservation (NPU) Officers. When they fail to respond it
then triggers a need for NPU staff to expend a great deal of City time and resources to
track down the property owner or other responsible party to address the code violations
on the property. That necessary action often results in long delays until the property is
cleaned up and the surrounding neighborhood and community bears the full brunt of that
neglect.
Required Registration.
The program could be implemented in such a way that any property owner of
problematic properties and/or their property management company, of a rental property
located within the City of Modesto would be required to register the property within ten
(10) days following a second or third violation of the City of Modesto Municipal Code,
and could have some or all of the following provisions:
a) Such registration would contain information for both property owner
and/or property management company: name (corporation or individual);
the street/office address, a direct contact name and phone number for the
person handling the deed of trust; and in the case of a corporation or outof-area homeowner the local property manager responsible for the
security and maintenance of the property (name, address and telephone
number).
b) The registration fee will be established by City Council resolution, and
shall accompany the registration form. The fee and registration shall be
valid for one year from the date of the registration. If no additional
violations occur, registration for the subsequent year will not be required.
c) Persons required to register rental properties pursuant to this program
shall keep such properties registered and all required information updated
and comply with all of the requirements for the entire time such properties
remain under their ownership and control. When title of such properties is
transferred, the prior responsible person shall notify the City of Modesto,
within ten (10) days of said transfer, in writing.
d) Any landlord, property management company, firm, or corporation
required to register pursuant to this program must report any change of
information contained in the registration within ten (10) days of the
change.
e) A landlord and/or property management company shall not knowingly
cause or permit any rental property to violate Chapter 12 of Title 4,
Community Preservation, Chapter 9 of Title 9, Property Maintenance
Code, or any other applicable chapter of the City of Modesto Municipal Safety & Committee’s Meeting, June 6, 201.
Safety & Committee’s Meeting, June 6, 2011
Problematic Property Registration Program
Page 3 of 3
Code, including the failure to adequately maintain, control and/or manage
tenants and the associated rental property.
f) Any landlord and/or property management company’s failure to comply
with the registration requirements after three (3) Municipal Code, or
state/federal law violations, will constitute a misdemeanor, except that
notwithstanding any other provision of the Municipal Code may, in the
discretion of the City Attorney, be charged and prosecuted as an
infraction. Any person convicted of a misdemeanor shall be punishable
by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment in the county jail for a period of not more than six (6)
months or by both fine and imprisonment. Any person convicted of an
infraction, shall be punishable by a fine only as follows: Upon a first
conviction, by a fine not exceeding two hundred and fifty dollars
($250.00), and for a second conviction or any subsequent conviction
within a period of one (1) year, by a fine not to exceed five hundred
dollars ($500.00).
Issues for further Study.
Upon initial review, there are a few logistical matters that would need to be addressed
including such things as a possible need and/or opportunity to incorporate the
teamwork anticipated to be required from the Police Department and Neighborhood
Preservation Unit, as well as existing neighborhood and volunteer services to help
facilitate implementation of this program. In addition, education for all property owners
and/or property management companies as to the program once implemented would be
required.
Recommended Next Steps.
-Direct City staff to return to the Committee with options as to how such a Problematic
Property Registration program could be implemented into existing City programs, or
recommendations on program adjustments that could be made to accommodate this
additional program.
STRATEGIC PLAN ELEMENT:
The adoption of this action will support the City of Modesto Strategic Plan 2010-2013, Strategic
Commitment #3, which provides for an innovative and accountable city government that
embraces a standard of service excellence through adaptive leadership and responsive public
service.
Approved by:
Susana Alcala Wood, City Attorney
