March 02, 2010

Story In Yesterday's Paper

New ticketing for code violations, click here.

Here is my question. If a tenant throws a mattress or old refrigerator in the yard, who gets the ticket? The landlord or tenant? I can understand the city sending me a code violation and me having to pay to remove the mattress or refrigerator myself, but now I may get a ticket for my tenant's bad behavior??

We want people to invest in Worcester. An aggressive policy making sure sidewalks are shoveled makes sense to me. To ticket landlords for code violations that they did not create is anti-business.

Let me give you an example. I own a 3 decker on Downing Street and I do not rent to Clark kids, but the 3 decker behind me does. Every Spring when the kids move, they literally throw their rubbish on the sidewalk. No lie, it has happened 4 of the last 5 years. I suspect under this new policy, I would get a ticket.

Ticket for unshoveled walks because it is easy to prove whether or not you shoveled. Ticket for code violations that you have no control of ??

3 comments:

JSF said...

"If the fine remains unpaid after 30 more days, the amount is added to the property owner’s real estate tax bill, Mr. Moore said. "

I thought they needed a proposition 2-1/2 override to raise taxes beyond a certain level.

Pretty slick way around that law.

jahn said...

bILL HOW ABOUT TEH TENAnt that accumulates unregistered cars and the tenant will not remove them. Then you have to go to court to get them removed. What is it a 300$ fine per day per day per car which luckly for the LL they dont enforce if they see your'e making an effort to get teh cars removed.

Then there's all the city bigwigs and public safety afficiandos who dont shovel their sidewalks. Priceless.

What I am waiting to see is the vendor pushcart guys gettign fined and then hauling the city to court claming the law is unenforceable. Since when In America does an enterprising HOT Dog vendor have to ask a nearby restaurant for approval to sell sliders on the sidewalk at noontime?

Although listening to the radio today, i think I am hearing talk about how dangerous hot dogs are due to their uncanny ability to cause choking/death. How many times a year does a 24 ton firetruck have to visit Coney Island to tend to a hot dog victim. Geeeeeeesh !!!!!

Who doesnt know how to d++p throat a hot dog w/o choking.[g]

Jahn said...

Jsf, I dont think a fine rises to the level of a tax, my opinion only. Maybe Mr Denver Boot can clear that up for us?

JSF, the city will in most cases not impose the fine if the LL is making an effort to correct the violations.

This is the same mentality that wants to fine the LL for a loud party the tenant(s) have even though the tenants agree in the rental agreemnt to lawfully occupy the apt. Fine the offender not the LL.

Of course the worst offender of many of the new laws the city enacts, is the city itself. The nuisance ordiance enacted in 2008 is a prime example. Dittos for the snow shoveling ord. too.

Soooner or later some one is going to be seriously injured as a result of an unshoveled sidewalk. Serioulsy enough injured that there are big tort bucks at stake. I am not talking about a PIP resident intentionally slipping to grab a quick $10,000 for himslf and $5,000 for Ellis & Ellis. I am talking a bad injury that is good for 100,000's. I predict when that happens b/c of the amt. of money at stake that the defendant will test the legality of an abutting porperty owner being responsible for the condition of an asset (sidewalk) that the abutting property owner neither owns nor is able to control.

And I still want to know that if the abutting sidewalk area is all dirt or grass with no concrete or paved sidewalk ..............is the abutting prop. owner still responsible for removing the snow to a width of 4ft w/in 8 hrs of the end of a storm?