Sweeping Changes to Commercial Property Ordinances in DeKalb

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At Monday’s (Sept 8, 2014) DeKalb city council meeting a draft of new ordinances and amendments to existing ordinances is on the agenda as an action item recommended by staff for approval. Those changes begin on page 275 at [link to agenda].

If approved all property in the city of DeKalb except residential would be inspected annually. Rooming Houses and Hotels are considered commercial and subject to this ordinance. Property owners/operators would be notified of problems identified in the inspections and could face fines, fees and penalties for violations and/or unsatisfactory mitigation. The inspection fees would be “revenue neutral” because the property owner would pay the inspection fees. The amount of those fees have not been calculated or estimated by staff who recommends approval. Fines and fees would of course go to the General Fund which sorely needs the revenue.

The catalysts for this effort include the deteriorated Wurlizter building on Pleasant Street in the 3rd Ward where a police officer was injured and perhaps disabled while conducting official business while on the property; the downtown building that Ducky’s Formal Wear and Otto’s Nightclub operated in; as well as the Travel Inn and a rental property that the City of DeKalb forcefully condemned due to unsafe code violations discovered.

While those properties were condemned under existing ordinances to remove the life/safety threats identified by city inspections staff is pushing for the new “proactive” changes. The condition of those properties required years if not decades of neglect and deferred maintenance. In some cases many suspect deferred maintenance was deliberately collaborated in public buildings and potential TIF funded public/private partnerships where construction debt bonds were needed.

Staff received numerous comments and correspondence from community organizations and interested parties and expects to hear more comments at the city council meeting. But none of the correspondence is included in the back-up material provided to the public. Sweeping changes to so many ordinances should require at least one formal public hearing. If not required by law then by common decency.

There are few especially older buildings in DeKalb or any other 175 years old city that will comply with all modern building codes. This effort may seem “revenue neutral” to staff because they farmed out property inspections and the amendments require property owners to pay the 3rd party inspectors directly. But the costs of such sudden and sweeping changes could be major to local businesses and commercial property investors. In the event those costs become prohibitive then condemnation and eviction of tenants would not be “revenue neutral” to stakeholders.

The meeting begins at 6:00pm Monday. Those who cannot attend should contact their Mayor and Alderman with objections, concerns and questions before the meeting takes place.