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July 31, 2010

TRIBUNE EDITORIAL: Rental registry will help — if enforced

The News and Tribune Sat Jul 31, 2010, 07:24 PM EDT

— Have you ever lived next to someone who has no interest in cutting their grass or keeping their property presentable?

For those of you who cannot relate to this kind of neighbor, count yourself lucky. For many others, this is a way of life, especially those who happen to live in older areas of New Albany where property conditions are hit and miss.

However, if Mayor Doug England has his way, there may soon be an ordinance to help track down the few irresponsible New Albany landlords who give others in the rental field a bad name. The Tribune supports the idea.

However, our concern with another ordinance is having enough bodies, and funds, to enforce and chase down violators. The city has made progress in recent years tearing down a number of condemned properties. But there is only one city attorney, one building commissioner and two code enforcement officers. There is no way, without more code enforcement employees, that a rental property ordinance could be enforced. There is no sense in passing feel-good ordinances if they are not properly funded.

Right now there are a number of ordinances on the books — and how many of those are being enforced? The first that comes to mind is the recent downtown parking ordinance. While many violators have been ticketed in the past few years, little has been done to follow-up on those infractions. According to City Clerk Marcey Wisman, the parking violators still owe hundreds of dollars, but many have ignored the fines. She said with only one city attorney, taking each violator to court to recoup the money is virtually impossible.

She is right.

There is no way one attorney can take care of all city legal issues, plus chase down parking ticket violators. Now, we expect that same attorney to be responsible for making sure slumlords clean up rental property? That probably won’t happen.

Some say the original parking ordinance was also poorly written and would be difficult to enforce. Those who live downtown were asked to purchase a yearly parking pass. Wisman said in June only one had been sold.

The downtown parking ordinance would have to be viewed as a failure.

Another feel-good ordinance passed under the Mayor James Garner administration was the Cleanliness of Premises ordinance, which falls into the same line as a possible rental registration ordinance.

It’s also impossible to enforce with the current staff.

Without more bodies, and funds, these types of ordinances have no teeth.

The first time a rental registration ordinance was introduced was in 2008, but it never got out of committee and died.

England hopes the second time is a go.

We support anything that will help make this city more presentable and hold landlords responsible for their property violations. But will another ordinance help in solving the problem? Not completely, but the idea is worth talking about as long as we mandate enforcement.

Some real estate professionals and those who rent property for a living, are against a rental registration ordinance. Why? If the landlord is responsible, honest and keeps his or her property clean and safe, there are no worries. The annual registration fee is supposed to be minimal. There are many rental property owners that are responsible but we believe that when money is involved you can’t trust 100 percent of those doing business will choose the ethical option and look out for the good of the entire city.

But we don’t need another ordinance to be stuck in a binder and forgotten.

Another code enforcement officer, and a clerk to help sort through the paper work, will likely need to be hired in order to make this work — and possibly a part-time attorney to help chase down violators. However, as we’ve said in previous editorials, costs like this are paid for via enhanced economic and personal investment. Simply put, a cleaner more stable New Albany equals more money coming in.

Landlords, who neglect their property, need to become more responsible to their renters, and to the city. We need to put pressure on these people in order to improve the overall well-being of our city, but passing an ordinance without teeth is not the answer.

Tribune Editorial Board is comprised is Steve Kozarovich, publisher and executive editor; Chris Morris, editor; Nina Fulda-Portman, business manager; Mary Tuttle, advertising sales director

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