The newest version in the saga of mandatory rental inspections, nuisance ordinances and licensing regulation represents the City of DeKalb’s most comprehensive effort of building consensus in the choir of voices most likely to speak up whenever the issue is addressed. But there isn’t consensus in the choir when it comes to the details.
The city council is holding a special meeting Wednesday August 22 to conduct a workshop on the latest proposal. The “redline” version of the massive program can be read in the agenda and backup material. Staff recommendations would require adding full time personnel. The response and recommendations of the DeKalb Area Rental Association (DARA) is available at this report over at CityBarbs.
Efforts at this point must identify implementation and operating costs of the program. Mayor Kris Povlsen is a supporter of staff recommendations. He has repeatedly stated that unless the city council approves a tax and/or fee increase then the task force he appointed has wasted their time.
There has not been a demonstrated need for rental licensing other than some other communities have it. Far more evidence exists to suggest that enforcement of existing code is lacking than there is to support new regulations. Then there are gaping holes in the program such as the lack of understanding in what NIU’s residential plans are and a proactive response to the growing number of vacant homes in the city.
Foreclosed, bank-owned vacant homes are not just a DeKalb problem. They’re not just a DeKalb County or Illinois problem. But those communities that wait for a national solution to address the blight created in their neighborhoods by vacant homes and buildings will be behind the curve of recovery. A good report on the need for municipalities to respond to the problem is available through the efforts of Professor Kermit J. Lind for the Northern Illinois University Law Review. Prof. Lind was co-counsel in two civil suits filed in 2008 to require that global banks owning hundreds of homes in Cleveland abate public nuisance conditions in the houses they own, as required by state and local laws.
Until the City knows what NIU’s housing plans are how can they effectively address rental properties? Unless the program deals with vacant homes and buildings it misses the mark completely. Perhaps the mayor might consider not wasting taxpayer time and money on a Swiss cheese program.
Oh, welcome back NIU students. You might want to contact your alderman to find out how this might affect you. An irony is DARA has been the best representation students have had in this matter.
- David Jacobson (1st Ward): David.Jacobson@cityofdekalb.com
- Tom Teresinski (2nd Ward): tom.teresinski@cityofdekalb.com
- Kristen Lash (3rd Ward): Kristen.Lash@cityofdekalb.com
- Brendon Gallagher (4th Ward): brendon.gallagher@cityofdekalb.com
- Ron Naylor (5th Ward): ronald.naylor@cityofdekalb.com
- Dave Baker (6th Ward): dave.baker@cityofdekalb.com
- Monica O’Leary (7th Ward): Monica.Oleary@cityofdekalb.com
Or to send an email to ALL council members including Mayor Kris Povlsen, CLICK THIS LINK.
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10 Comments
I didn’t know that nepotism was such a pressing problem locally? Or that it was a financial burden on county residents. As the late Cliff Simonsen said many times, “That current homewoners were subsidizing new developments in Dekalb.” I believe that the impact fees paid by new apartment developments may be insufficient to pay for the services that they require. I recently heard that there are 9500 apartments in Dekalb and their percentage of housing may be 60-70%. I believe you know that NIU is tax exempt. I hope that we can attract more commercial and retail developments that actually augment the tax base. During this difficult period, I think Dekalb County has been ahead of most other areas in attracting new business. I don’t know what the county can do to solve the foreclosure problem? It is a national one. It was created by forces much larger than local government.
Raise impact fees to infinity. Then multiply infinity times zero. There’s your net result. Better to address such issues without the rhetoric of your favorite choir. That’s a more responsible and accountable approach.
Yes, NIU is tax exempt. That’s what payment in lieu of taxes are for. Section 15-30 of the Illinois Property Tax Code allows for such voluntary agreements between taxing districts and the owner of an exempt property “for the direct and indirect costs of services provided by the district.”
You wrote: ” I don’t know what the county can do to solve the foreclosure problem? It is a national one. It was created by forces much larger than local government.”
If you really want to know what local units of government can do with vacant bank-owned property begin with Professor Lind’s report: http://www.niu.edu/law/organizations/law_review/pdfs/full_issues/32_3/Lind%20final%202.pdf …
A tool needed now throughout DeKalb County, incorporated or not is a vacant property registration ordinance that requires the entity responsible for vacant properties to not only register themselves as the responsible party, but would require them to maintain the home to the standards set by the local community. The ordinance, as passed by local governments, would apply to all vacant properties within that local community. This ordinance would be either city or county wide, depending on the ordinance passed by local government officials.
To bring that all home to the post that created this discussion – without such a vacant property registration and related property maintenance ordinances the City of DeKalb’s current effort is a Swiss cheese program. Equally important is for a REAL partnership between town and gown in the city. That requires one hand to tell the other what its plans are.
Mac-
First, thanks for the link to Professor Lind’s paper. Very informative, and helps me understand the “Sharpie Parties” I’ve read about. Sad. I would love to hear some local bankers weigh in on Lind.
Your suggestion for a countywide vacant property ownership registration ordinance makes some sense, but anything that will “require them to maintain the home to the standards set by the local community” will run crossways with standing state agriculture statutes for agriculture properties.
Farms and country acreages are fundamentally different than most properties and don’t often infringe on others’ reasonable rights whether vacant or in use.
Unincorporated DeKalb County is still largely zoned Ag and subject to state statues governing agricultural uses and conditions, rather than county regulations. County zoning/building does, however, cover non-Ag property and is generally more strict than state Ag statutes.
In town, greater regulation for vacant property may be an enforceable concept. An interesting legal concept regarding Constitutional rights of businesses versus individuals.
I think my beef with the idea of further regulation (not registration) hinges on whether one property owner (a bank if foreclosed) can passively harm an adjacent or nearby property owner. It seems the larger the lot or acreage, the less likely a property owner would infringe on the reasonable rights of another. In town, with postage stamp lots, or apartments, condos and townhomes, there is always the likelihood of infringing someone’s “pursuit of happiness”, hence homeowner associations, covenants and restrictions, and the like.
I recommend Professor Lind’s paper to anyone interested in the topic.
Kerry, if memory serves correct there was an effort for some sort of county property maintenance ordinance that failed to get board support. Whatever is on the books should be enforced. Bank owned vacant property should not be exempt was my point. As I read things vacant rural homes are too often targets of illegal use squatters such as meth labs as the scariest example. To ignore such developments because foreclosure is a national problem is unwise and frankly, lazy.
When nepotism results in incompetent family members getting taxpayer-funded jobs, yes, it is a problem. Or, when nepotism results in having family members look the other way while special deals are cut to them and/or folks have their hands in the cookie jar, yes, it is a problem.
I cannot name any specific examples, because I am too busy and not rich enough to get sued.
I am sure a 3-member code-enforcement division is short-handed, but if code enforcement is such a priority why is it the Financial Division that’s been enjoying expansion? Also, why wasn’t DeKalb a well-maintained paradise back when they had 11 inspectors? Bottom line: there’s a lot more dysfunction at city hall than just nepotism, and we’ll continue to get Swiss cheese until that’s addressed.
Mac,
You read my mind on the NIU housing question. I’ve been thinking about that for months, ever since the NIU rep showed up to a council meeting many months ago and could not or would not answer Alderman Teresinski’s reasonable question about what NIU would be doing with the new infrastructure on the west side of campus.
Reading CityBarbs posting of DARA’s response to city fathers/Task Force recommendations returned lack of NIU cooperation to the front of mind yet again. Is NIU really that uncooperative, or do city fathers just not try hard enough? Where is the leadership?
Surely current city Administrator plans are “swiss cheese”. A very appropriate allusion. I predict until both entities (city and NIU) get on the same page, DARA, renters of all sorts, and the rest of us will remain frustrated and overtaxed. Too bad, as the Safe/Quality Housing Task Force truly brought those of very different persuasions much closer together than usual. It will be a real shame if Mayor and Manager ride roughshod over this quality advisory panel. And it will be a regional travesty if NIU continues to refuse to take its seat at the table.
I am encouraged that the council is trying to fix the problem. This problem has affected the quality of life in Dekalb. The unwise zoning and dense housing around NIU has created a financial burden on the city, the county, and the school district. It will no doubt take hiring personnel to enforce existing codes and any new rules. I believe that the City Council should consider very carefully the approval of any new apartments in the NIU area. Maybe higher impact fees need to be considered to help pay for the services used by future apartment residents?
That’s what makes us different Stephen. I think the city, county and school district have created a financial burden on residents. And as long as nepotism is allowed in any unit of government I think it wise to resist attempts to expand that unit’s workforce. DeKalb County residents have always stepped up and even paid more than their fair shage for needed public services. We shouldn’t be asked to pay for programs designed for job protection. This program could be ran more effectively than proposed as an award-based volunteer effort as opposed to a punitive-based bureaucracy.
We almost agree on two of your points. I think investors should consider very carefully in the investment of any new construction in DeKalb and the NIU area. That kind of mutes your point on impact fees but there really should be a similar assessment placed on any new NIU residential developments.
What does the County know about NIU’s residential development expansion plans? Commercial expansion plans?
What’s the County doing about bank-owned vacant property?
I think you missed the point.
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I don’t know what “my favorite choir” is. Impact fees are a relatively new solution here. For years there was no consideration of the costs to the community of new developments. In California when you build you pay so much to the schools, police and fire, the jail etc. Our fee doesn’t capture the true costs and so current residents pay more in taxes. Good luck trying to get money out of NIU. I don’t claim to have an answer for the foreclosure problem. A vacant property ordinance sounds like a good idea.