Ex-Scottville Commissioner Speaks Out Against Ludington Rental Inspections

[XLFD]

Ludington's City Manager John Shay recently sent out letters regarding a proposed rental inspection program that the city leadership has been discussing since at least last year.  These letters were directed at city landlords only, laying out the general ideas behind the move.  It hasn't been well received by the landlords, nor should it be by those who rent or even those who own a house that they live in.

No, such a program should only be liked by those who stand to gain from the program, which would solely be the Ludington city hall, their bumper crop of 57 city lawyers, and lastly, those who mistakenly believe that this program would weed out the sleazy landlords, improve community health and safety, and reduce blight.  Unfortunately, the only thing it looks to change is that it would weed out affordable rental units, improve the city's finances, and reduce the personal property rights of every Ludington citizen. 

Former Scottville Commissioner Jim Schieber is a landlord of two rental properties in Ludington and has come to the forefront of the conversation with his disapproval of the rental inspection program, being a vocal opponent on the Facebook presence of the City of Ludington Daily News (COLDNews) and yesterday, in the written edition of that paper in the Reader's Forum section. 

Schieber has had the opportunity to explore the option as a city commissioner and has determined along with his former colleagues that rental inspections were not the way to go for Scottville.  Please read his insightful article on the topic, reprinted here.

Although it is nice that the city manager notified the landlords of this upcoming meeting to discuss the issue (likely because he was made to do so), it is unfortunate that only the landlords have received the proposals.  It has not been made publicly available to all, anywhere, nor can a FOIA request receive a timely reply before this meeting.  This ordinance would effectively quash Fourth Amendment protections of all tenants, but they are being kept out of the dialog.

The city therefore has already invoked some discriminatory practices with this program by not allowing the people whose Fourth Amendment rights will be violated if this program passes, the renters.  And let's not forget the general homeowners of Ludington, who Mr. Schieber correctly argues, should not be immune from such home invasions by their government agents if such a policy is put forth. 

To a band of elite statists seeking more power and money like Ludington City Hall currently consists of, it is a minor leap in logic to claim that one who lives on the property they own should not also be inspected for the health and safety of our community, to reduce blight, for better economic development, etc. once they pass a 'rental' inspection program and see the financial returns and get the thrill of invading people's inner sanctums. 

The time to confront this by everyone is now.  Go to the Thursday, June 4 meeting at Ludington City Hall and make your voice heard no matter what living arrangement you're in.

[Willy]

This is another situation where the citizens should approve this legislation, not bonehead politicians. Let the voters decide. The way things are going it looks like the City has already made up it's mind and will approve new inspection requirements for rental dwellings.

[shinblind]

Looks like the fix is in with the rental agreement Willy.

Just like the fix is in with the Fire Station Location and the upgrading the water plant from a $4 million job to a $14 million dollar boondoggle.

Time for change at City Hall.  These fools have done enough damage.

[XLFD]

The rental inspection revenues and expenditures are already figured into the three year extended budget, so it will be difficult to dissuade the city council away from the extra money and power.  Still, tomorrow's meeting will be illustrative of whether the city council has any remaining soul left in it. 

Remember, the restrictive Historical District along East Ludington Avenue would be a reality were it not for the very public outpouring of people from that district being against it.  Sadly, two of the three committee members deciding to send the issue to the full council weren't around then and they have shown themselves to be apathetic to the laws of the city and the concerns of the folks outside of city hall (Winky and Krotch).

[XLFD]

If you can make it, the committee meeting is less than two hours away.  I've got a suspicion that the impetus behind this ordinance is to reduce rental units inside the city, and the leaders hope that will lead to more affluent homeowners in the area, and ergo less blight.  However, I see it more likely leading to more vacated units, more blight, more flight, and the resultant decreased tax base. 

Here's the proposed ordinance that our landlords were sent, courtesy of the MCP.  It's more ridiculous than I could have imagined, and I believe this council is probably the most ridiculous body I've ever seen, making a resolution to our Congress to repeal foundational civil liberty legislation.  I hope to record the proceedings.

[stump]

it's all about money for the city. Once they get there foot in the door it will be the down fall of many land lords in the city. Most will never be able to up date their rentals to the "UP TO CODE " the city will require. This Health and Safety bull crap is what it is. How is a screen on your window affect anything. They have listed , refrigerators , stoves, washer/dryers? Do land lords have to supply them now? trash/ garbage in the house? Hell, In don't live there, am I now responsible to take out their trash to? Many house's have not had their electrical up dated in 25 years. That means they probably have undersize wiring , no GFI recepticals or breakers. That alone will put many out of business.

[Willy]

I hope people take notice of how this ordinance is written. The following are just a few things that stand out, in my mind, as being questionable.

If an individual decides to rent out a room in their home, will  their entire house come under this new code.

Why are hotels, motels, bed and breakfast' exempt?  Why is an owner / occupant of a house who rents out a room[s] be subjected to this code when Bed and Breakfasts who rent short term are not? The same goes for hotels and motels. Double standard?

The ordinance refers to the Ludington Property Maintenance Code". It does not say "rental property code" in the title so I'm going to assume this "Code" is going to include all property in Ludington whether it is rental or not. It seems there could be a lot of room for abuse. Sec.6-176[f]

The City can force landlords to hire licensed contractors "mechanical, building, plumbing, electrical etc." at great expense, to do the inspections instead of being performed by a City Inspector, using ignorance as an excuse. Sec. 6-182.

Even the tenet is subject to penalties under this ordinance if they refuse an inspection even if it is their right to do so. 

 
This is the first time I have seen an ordinance written to include a City taking "the 5th" under the Constitution. [ Just saying 5th as an example]. Sec. 2 Severability. The City must have a guilty conscience because they may be violating citizens rights or they are admitting they have done it before and are including that paragraph to cover their behinds. Or they are admitting how ignorant they are of the rights protected by the Constitution.

What if someone buys a house so their aging parents or other relative can live in it.  

[stump]

Now I know why the city needs money. They can't afford a microphone in meeting rooms. They knew there was going to be public comments. Couldn't hear anything that people were talking about.. After the public comments were over I don't think the committee heard anything either as they just didn't address what was behind this stupid ordinance. I am glad there was a good turnout of land lords , but did it get through to them this WAS NOT WANTED!!!!!! or actually needed. It would be interesting to see how many complaints about land lords that the city received to put this in motion again. Hint to XLFD , another FOIA request . One thing I have found in the many years of working with building inspectors, it's their way and you WILL!!! do it their way, right or wrong. I've worked with Tom Folker and he is fair but,he will have to follow code and that is in writing, not just Ludington , but state building codes. That's what is going to cost the land lords deeply.

[XLFD]

In the past, when rental inspections have been considered and cooler minds prevailed, there was a 'conscience within the council' which realized that they would be doing something unpopular, redundant, and Constitutionally questionable. 

With the current council, I see them lacking that common sense morality.  They allow Shay and Wilson to make new rules and break the old rules.  They propose seven changes to the charter that take away public officer accountability.  They take due process out of old ordinances. 

If you were at tonight's meeting, after the twenty or so landlords, tenants, and others spoke up against what the proposed ordinance would do (in an audience of 50+) and listened to the discussion within the committee afterwards, you get the idea that they are going to still put something out that will do a lot of harm to the Ludington rental community. 

If you're a landlord or tenant and want change, there will be four council seats open for election next year, two or three could make a lot of difference in the right hands.

[AQUAMAN]

I just got into reading this, kinda late now. But, I do like the banter and opposition to another obvious "grab your money and run" proposal by the city, this time against landlords. As we look back just a few short years ago, and now into the present, we witness the continuing lust and greed by Shay and Wilson has gone totally over the top. They have gone wild in other interpretations of our city charter and ordinances without anyone stopping them. So, it's time to advance even further into the pockets of other unsuspecting and innocent locals. Where does this end? I say there is no end, not today, not till these two shysters get thrown out of appointed offices. That day indeed can not come until that narcissist panel of city council members get thrown out first. Recall voting and future elections are the only legal answer right now. But, as we have seen in other elections, all to many sit on the sidelines and just idly watch, until their own pocketbooks are invaded. This is just another sad and indecent chapter of crony political deals being catapulted at the locals. How can so many watch, and still say and do nothing? I really doubt you will see any delays or changes by these cronies to withdraw their new regulations. They are definitely on an endless roll. Thanks goes out to Mr. Shiebner for his rightful interpretations and letter to the readers forum on this important news.