From You
Apr 9, 2003
Letters
START FROM SCRATCH
The proposed RS-Zone Rental Permit Program has many flaws. What follows is a brief but by no means comprehensive list of the ordinance's problems. One, it singles out without justification a group of citizens - tenants and landlords - for special prosecution. Two, it seeks to compel landlords to pay for ACC's failure to enforce local ordinances. Three, the fines for non-compliance of permitting are out of proportion to the nature of the offense(s). Four, there should be no revocation of the evidentiary rules regarding hearsay in the rental permit hearing. Five, the occupancy affidavit is an affront to a democratic society. It is not the government's business who is living in whose house and what the nature of their relationship is. Six, the penalty for an inaccurate affidavit is out of proportion to the nature of the offense. Seven, it sets up a system where the enforcers are judge, jury and executioner. There should be the possibility of an appeal to Superior Court before any denial of use (of rental property) or excessive fines are permitted. No judge or jury of peers is going to fine anyone $1,000 per day except in the case of the most egregious violation. Courts temper the law to fit the circumstances. "Administrative Hearing Officers" may advance hidden agendas and are more susceptible to political pressure from City Hall.
I believe it is obvious that this ordinance is poorly conceived and will not accomplish its purported purpose of preserving "... quality of life for residents in single family residential zones..." This ordinance needs to be taken out to the landfill and covered with truckloads of trash 'til the comparatively sweet smell of baby diapers smothers its stench. After a month-long cooling off period, the mayor and commission ought to start from scratch on this issue. Have both sides gather statistics and facts. Hold public hearings on what problems exist and what are the best solutions. Athens is full of overeducated, intelligent people who love to mouth off. Why not use it to our advantage? Let's all come up with a plan that is heavy on cooperation, not coercion.
Make no mistake, ACC will be sued if this ordinance is passed. What the courts will decide is anybody's guess. It is sure to be a long and bitterly divisive fight. I can't help but hear former ACC officials laughing, while in the background developers fire up their brand new bulldozers. Please, let's not go there.
Dorian Zevos
Athens
DELAY THE VOTE
An open letter to the Mayor & Commission: How can we more effectively enforce the Noise, Trash and Parking in the yard ordinances that are on the books? Neither the currently drafted Rental Registration Ordinance nor reliance on the SF Ordinance is the answer. Any neighbor (homeowner or tenant) who violates the Noise, Trash or Parking in the Yard ordinances creates a neighborhood problem.
The answer is: Enforcement of the Noise, Trash & Parking in the yard ordinances.
HOW DO WE GET RESULTS?
1. Put some teeth in these ordinances. No more warnings & please, increase the fines. Enforcement through education needs to be replaced by Enforcement through Enforcement. Higher fines can also pay for additional Marshals. 1200 annual citations times a $100 increase in the current fine produces $120,000 in revenue.
2. Mail the landlord when the tenant receives a ordinance violation, with Educational info regarding the results of future violations by the tenant. All of the owner info is already available via the Tax Commissioner records and Internet when needed.
3. After a landlord is advised of three ordinance violations within 12 months, the landlord's property goes into a Rental Registration Program. After a landlord is advised of any problem, believe me, to avoid the inability to lease his property, they will get the tenant to comply and conform, or he will evict adjust the lease and find tenants that will not receive violations or face eviction.
This approach addresses the "problem tenants" on only those properties that are problems - and satisfies the campaign promises to solve the problem and vote for Rental Registration.
Don't forget that landlords already pay $380 more Property Tax per year than homesteaders. After dividing that between the School Board and the ACC General Fund: $190 x 4,000 rental properties in RS zones produces $760,000 - a portion of which can be redirected from the General Fund to the Marshal's office to satisfy the people that voted for you.
So far, the development of a good community solution has been a closed process while the Government's solution is being "pushed" through the process. The currently proposed ordinance was written by staff, reviewed by a "Committee" consisting of 2 Government Employees, 1 neighbor and a minority voting member - a landlord! Public Input is also being treated as a process of "going through the motions" by staff - no willingness to accept alternative solutions. Is this our new "open" government? So, why not get an open-minded Commissioner to serve on a new Committee to get ALL of the stakeholders around the table - similar to the RM group - and let's solve the problem together over the next 120 days?
What have you done to more effectively enforce the Noise, Trash and Parking in the yards ordinances that are on the books?
Recently, a Commissioner abruptly left a conversation when they couldn't come up with an answer to that simple question. It was frustrating to see an elected official unable to open up and listen to other ideas that can solve this issue.
Please include and listen to every citizen's ideas, so we can solve problems together.
Trey Thompson
Athens
LAND OF THE FREE
People say we live in a different world after 9/11. In fact the world has not changed, their view of it has. A lot of people are scared now, but it's still the same dangerous world it was when our founders designed the Constitution.
There has always been the threat that we might be attacked. There always will be. If you're willing to hand over the rights that millions of men, women and children suffered and died to give you, just so that you might save your own spineless ass, you are a disgrace to this country and trivializing those whom I have mentioned. This is America right? "Land of the free, and the home of the brave"? Let's act like it then.
Matt Woodruff
Athens
The proposed RS-Zone Rental Permit Program has many flaws. What follows is a brief but by no means comprehensive list of the ordinance's problems. One, it singles out without justification a group of citizens - tenants and landlords - for special prosecution. Two, it seeks to compel landlords to pay for ACC's failure to enforce local ordinances. Three, the fines for non-compliance of permitting are out of proportion to the nature of the offense(s). Four, there should be no revocation of the evidentiary rules regarding hearsay in the rental permit hearing. Five, the occupancy affidavit is an affront to a democratic society. It is not the government's business who is living in whose house and what the nature of their relationship is. Six, the penalty for an inaccurate affidavit is out of proportion to the nature of the offense. Seven, it sets up a system where the enforcers are judge, jury and executioner. There should be the possibility of an appeal to Superior Court before any denial of use (of rental property) or excessive fines are permitted. No judge or jury of peers is going to fine anyone $1,000 per day except in the case of the most egregious violation. Courts temper the law to fit the circumstances. "Administrative Hearing Officers" may advance hidden agendas and are more susceptible to political pressure from City Hall.
I believe it is obvious that this ordinance is poorly conceived and will not accomplish its purported purpose of preserving "... quality of life for residents in single family residential zones..." This ordinance needs to be taken out to the landfill and covered with truckloads of trash 'til the comparatively sweet smell of baby diapers smothers its stench. After a month-long cooling off period, the mayor and commission ought to start from scratch on this issue. Have both sides gather statistics and facts. Hold public hearings on what problems exist and what are the best solutions. Athens is full of overeducated, intelligent people who love to mouth off. Why not use it to our advantage? Let's all come up with a plan that is heavy on cooperation, not coercion.
Make no mistake, ACC will be sued if this ordinance is passed. What the courts will decide is anybody's guess. It is sure to be a long and bitterly divisive fight. I can't help but hear former ACC officials laughing, while in the background developers fire up their brand new bulldozers. Please, let's not go there.
Dorian Zevos
Athens
DELAY THE VOTE
An open letter to the Mayor & Commission: How can we more effectively enforce the Noise, Trash and Parking in the yard ordinances that are on the books? Neither the currently drafted Rental Registration Ordinance nor reliance on the SF Ordinance is the answer. Any neighbor (homeowner or tenant) who violates the Noise, Trash or Parking in the Yard ordinances creates a neighborhood problem.
The answer is: Enforcement of the Noise, Trash & Parking in the yard ordinances.
HOW DO WE GET RESULTS?
1. Put some teeth in these ordinances. No more warnings & please, increase the fines. Enforcement through education needs to be replaced by Enforcement through Enforcement. Higher fines can also pay for additional Marshals. 1200 annual citations times a $100 increase in the current fine produces $120,000 in revenue.
2. Mail the landlord when the tenant receives a ordinance violation, with Educational info regarding the results of future violations by the tenant. All of the owner info is already available via the Tax Commissioner records and Internet when needed.
3. After a landlord is advised of three ordinance violations within 12 months, the landlord's property goes into a Rental Registration Program. After a landlord is advised of any problem, believe me, to avoid the inability to lease his property, they will get the tenant to comply and conform, or he will evict adjust the lease and find tenants that will not receive violations or face eviction.
This approach addresses the "problem tenants" on only those properties that are problems - and satisfies the campaign promises to solve the problem and vote for Rental Registration.
Don't forget that landlords already pay $380 more Property Tax per year than homesteaders. After dividing that between the School Board and the ACC General Fund: $190 x 4,000 rental properties in RS zones produces $760,000 - a portion of which can be redirected from the General Fund to the Marshal's office to satisfy the people that voted for you.
So far, the development of a good community solution has been a closed process while the Government's solution is being "pushed" through the process. The currently proposed ordinance was written by staff, reviewed by a "Committee" consisting of 2 Government Employees, 1 neighbor and a minority voting member - a landlord! Public Input is also being treated as a process of "going through the motions" by staff - no willingness to accept alternative solutions. Is this our new "open" government? So, why not get an open-minded Commissioner to serve on a new Committee to get ALL of the stakeholders around the table - similar to the RM group - and let's solve the problem together over the next 120 days?
What have you done to more effectively enforce the Noise, Trash and Parking in the yards ordinances that are on the books?
Recently, a Commissioner abruptly left a conversation when they couldn't come up with an answer to that simple question. It was frustrating to see an elected official unable to open up and listen to other ideas that can solve this issue.
Please include and listen to every citizen's ideas, so we can solve problems together.
Trey Thompson
Athens
LAND OF THE FREE
People say we live in a different world after 9/11. In fact the world has not changed, their view of it has. A lot of people are scared now, but it's still the same dangerous world it was when our founders designed the Constitution.
There has always been the threat that we might be attacked. There always will be. If you're willing to hand over the rights that millions of men, women and children suffered and died to give you, just so that you might save your own spineless ass, you are a disgrace to this country and trivializing those whom I have mentioned. This is America right? "Land of the free, and the home of the brave"? Let's act like it then.
Matt Woodruff
Athens
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