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Published: November 13, 2008 11:00 pm    print this story  

Proposal for rental penalties considered

By Jake Palmateer
Staff Writer

ONEONTA _ A proposal under consideration in the city of Oneonta would levy initial civil penalties as high as $250 for those who fail to turn in rental residential property inspection forms required by the city.

The penalties would also include daily increases until the requirements are met, according to a draft of the code changes discussed Thursday by the Intergovernmental Affairs Committee.

IGA, which consists of First Ward Alderman Maureen Hennessy, Seventh Ward Alderman Lizabeth Shannon and Eighth Ward Alderman Kevin Hodne, is dealing with the issue after the revelation that more than half of all residential rental properties did not meet the conditions of the certificate of compliance required by the city.

"This is a work in progress," said city Attorney David Merzig.

Merzig said the Code Enforcement Office is continuing to look at the practicality of enforcing the proposed changes.

Under the proposed amendments to the city code, owners of rental residential properties would have 60 days, after they are notified via certified mail, to submit required inspection reports for heating, electrical and sprinkler systems, among other items landlords are required to have.

Owners would have 14 days after notification to submit smoke-detector reports.

The initial civil penalty would be $250 with a per-day penalty of $7.

Failure to submit rental registry/property use certification and or designate a local agent would result in a $100 initial civil penalty with a per-day penalty of $3.50.

The certified mail would be sent after landlords are notified via regular mail. No new requirements for landlords are under consideration.

"Obviously, this will take time to implement," Hennessy said. "We want to be fair, but we also want to say that these are criteria that have been known by the landlords."

However, four landlords present questioned how the changes would be implemented, the magnitude of the civil penalties and a backlog of inspections. Those inspections are in high demand after the release last month of a list of landlords who have not met city requirements.

Nathan Batalion, who owns six properties in the city, said landlords are having a hard time getting their buildings inspected.

"It took a month to get an electrician to come to our building," Batalion said.

The civil penalties are also too high, said Batalion, who is in the process of creating an Oneonta landlords' association.

"I've got 26 buildings. This is huge for me," Peter Clark said.

The proposal remains under discussion in IGA and has not been submitted to the full Common Council for consideration.

___

Jake Palmateer can be reached at 432-1000 or (800) 721-1000, ext. 221, or at jpalmateer@thedailystar.com.

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