From Harford County Councilman Dion Guthrie:
First, I want to thank all those here tonight in attendance regardless of which side of the issue you are supporting, who have taken time from their busy schedules who wanted to address the issues of Bill 12-02, the Livability Code. I want to thank my colleagues who shared their meaningful input as well on this Bill and the Task Force who dedicated countless hours of their time to assist in updating a section of the Code which has not been meaningfully amended since its enactment in 1988.
Recently, on February 8th, the General Assembly heard HB 644 (entitled “Environment – Reducing the Incidence of Lead Poisoning” which alters the application of the Reduction of Lead Risk in Housing law to apply to specified property constructed before 1978. Previously only residences built prior to 1950 were subject to this law. This Bill also requires the Department of the Environment or a local health department to order lead abatement in any residential property. Of the 161 rental properties in Harford County already subject to this law, this Bill would now compel approximately 305 more rentals to comply with this change. Additionally, this Bill would increase an annual registration fee for affected rental property from $15 to $30 per year, per property. This Bill has huge fiscal notes for Harford County, if passed, because it affects every landlord with a property built prior to 1978. If I am not mistaken, it would require a certified inspection for lead upon each vacancy in the property no matter how close to the previous inspection’s date. Each inspection can cost anywhere between $150-$250. And the cost is borne by the property owner.
Also, back on January 20th, the General Assembly heard SB 196 (entitled “Public Safety – Building Codes – Balcony Inspections (“Jonathan’s Law”) which requires a political subdivision to conduct inspections of specified multifamily dwellings with balconies at least once every 5 years to ensure that each balcony meets the requirements of the applicable local housing code or the Minimum Livability Code. It also authorizes a political subdivision to authorize a third party to conduct the periodic inspections or charge a fee for a periodic inspection. This Bill is in the Assembly now following the tragic loss of a young boy who fell to his death after the balcony he was standing on gave way. This Bill has very good intentions. But it is piece of legislation that like HB 644 has incredible ramifications for our multi-family dwelling property owners, like our Apartment complex owners who have 100’s of units that this Bill would include.
These Bills are a problem for our County if they pass. They are a detriment to our rental property owners who fall into these categories and because they are so poorly drafted, the FINANCIAL impact is greater to the County, to the public, and to our employees who would be responsible for handling some of the aspects of these laws. Aside from the fiscal considerations of these Bills, they also weigh on the necessity of having a registration procedure within our Livability Code. One of the major changes to Chapter 162 is the registration procedure. With the uncertainty of the potential passage of these Bills, and to avoid duplicative efforts of having to return to this issue, it is prudent to simply await the results of the Assembly and address this item at a future date.
Further, Section 162-18 on page 29 of Bill 12-02 refers to an International Property Maintenance Code as establishing the property standards for rentals within Harford County. Unfortunately, we received word today that Harford County may seek to exempt itself from certain portions of that Code. If this occurs, Section 162-18 will not appropriately reflect those distinctions and will not fall subject to any changes made to the International Property Maintenance Code by the Administration or the Council. For these reasons, it is best to withdraw this Bill at this time.
When the Task Force convened to update Chapter 162 of the Livability Code, we did so with the sincerest desire to draft legislation which reflected the collective input of the Community, the Administration and the Council. In light of HB 644, SB 196 and the impact of changes from the International Property Maintenance Code in November there is a concern that this Bill may not be consistent with those intentions. I believe, therefore, it is my duty as the Sponsor to withdraw this Bill until the General Assembly moves on HB644 and SB 196 and the changes made to the International Property Maintenance Code are fully realized. Hopefully these Bills will be defeated or substantially amended. Thank you.
Sounds to me like Maryland is becoming a dictator state. O’Malley made the Wall Street Journal last week comparing him to Obama but with the parting statement that he will be running for president in 2016. Oh joy!
It sounds like he is looking for an out without looking too foolish since they could easily ammend the rental registration to not apply to any building currently under the rental registration in state law. So if the state changes their applicability, then the county exempts those properties. I think Guthrie just didn’t realize the crap storm he opened up.
I am still amazed that the livability code only applies to renters. When are you people going to get to work to apply a livability code to homeowners. The blight is rampid and no one is doing anything about it.
New to Aberdeen –
You are more than welcome to finance an inspection of your home at any time you desire. You are also welcome to authorize and finance any repairs deemed necessary by the afore-mentioned inspection.
I, for one, have no desire to have an agent of the county, or anyone operating in the capacity thereof, inspect the ‘livability’ of my home.
Nor do I, as a taxpayer, have even the slightest inclination to allow my tax dollars to spent in such a frivolous and unnecessary manner.
Jeffery Beck
New to Aberdeen,
You have no right to say what one can do with there property. If you don’t like the way it looks you can talk to them in a nice manner or offer to buy there house, you have no right to dictate how someone maintains there property. I don’t care what my neighbors do on there property, they shouldn’t care what I do on mine. You can also move to a deed of covenant restricted neighborhood if you decide that neither you or any of your neighbors should have the freedom to do as they please on their property. Please loose the attitude that you can tell others how they must live, this is a very un-American attitude.
Shhhhh…. nobody tell “Pissed with the goverment” about zoning laws or else we might really have him screaming about something. Of course, if a factory was suddenly built next to his house he might have a different attitude.
I agree with New to Aberdeen…and I am not new to Harford county at all.
because even the homeowners do not care about their OWN property and the way the neighbors property looks, we in Harford County are stuck living next to dumps that drive down our property values.
Harford County needs to force the demolition of dilapidated trailers, inhabitable farm houses and the like. There is no need to store old care, non-working farm equipment and just plain ol’ junk in the driveways and yards of homes for months if not years.
It’s my property and I’ll store farm equipment where ever I feel like it. Don’t like tough, do not enforce your views on my property. This is America not some communist or socialist dictatorship.
Pissed with government, in your America should I be able to open a garbage dump anywhere I like, say on the property right next to yours? Of course, if you are on a well, the contaminents from what I am burying on my property may pollute the water that you are drinking from, but I’m only polluting the water on my property, it’s not my fault that it goes into the same aquifer that you are drinking from.
And you’ll get used to the smell after a while. At least I think you will. I’t not my problem that the smell travels through the air.
Oh, and the huge trucks that are going to be tearing up the road, thanks for paying for that with your tax dollars since I’m guessing that you’ll probably disagree that anybody should pay any sort of impact fee for what they plan to do with their private property.
And I think on the other side of you I’ll open a homeless shelter. It won’t be my fault that some less than desireable folks might be staying there that might break into your house and try to steal stuff. It’s the individual person’s fault, and hopefully you have a shotgun and can take care of that problem yourself.
My point is, we tell people what they can and cannot do with their property all the time and I don’t disagree with that process like you do. This is the way civilized America has always been.
Fact check – Have you gone off the deep end? Zoning laws and a livability code for private homes have absolutely NOTHING to do with one another. Certainly you cannot build a garbage dump or a homeless shelter in a zoned residential area, and i don’t think that’s what pissed was getting at. likewise, i can’t build a house in the middle of a business park.
And as for how poorly some neighbors allow thier properties to look on the outside, if there is not an HOA, there’s not much anyone can do about it, and that’s how it should be. if you’re concerned with what your neighbor’s yard looks like, move to a community that has an HOA and pay your dues. i’ve lived in both types of communities, and I don’t see much of a payoff.
The point was that trying to implement or enforce a livability code on a private residence violates the basic American principle of property rights. If you own the property, and didn’t sign a contract saying that you would maintain it to a specific standard (HOAs), then do as you please, as long as doesn’t infringe upon anyone else’s rights. and for the record, “visual pollution” doesn’t infringe on any rights.
P.S. you’ve all gone crazy.
jtownejeff
Pissed With Government is saying that the government shouldn’t be able to tell a person what they can do with their private property. Zoning laws are the most basic form of government telling you what you can and cannot do on your property. How does a homeless shelter in a residential neighborhood interfere on my property interfere with how you run your property. When the homeless people leave my property it’s not my problem what they do. But how about I open a strip club next to a school? Would that be acceptable since it’s only “visual pollution” (and maybe only to some).
Libertarians are opposed to zoning laws. Many of them point to Houston as an example of a modern American city with at least a low level of zoning regulations as being a beacon of libertarian urban planning. I invite you to visit Houston, it’s a wonderful example of how you can have a strip club on one corner, and an upscale (although in decline) residential neighborhood on the next.
Government has a say in what we do on our property, and it should. I’m glad that you agree judging from your statement that I can’t build a homeless shelter or garbage dump in a residential neighborhood or a residence in a business park.
Fact Check –
You and I have clearly interpretted what pissed was saying in very different ways. I still maintain that zoning laws and livability codes are 100% different, and I support both in their current forms. Zoning laws keep residential neighborhoods intact and desirable by keeping your (sarcastically) proposed garbage dumps, strip clubs, and homeless shelters out of them. Similarly, livability codes hold landlords to a certain standard of providing safe, healthy homes to thier tenents.
remember: Conservative is not the same as Libertarian, and vice versa.
Jeff
Do you agree with the government making you get permits and permission for everything you do inside and outside your home? What my neighbor does in their home or property is not my business. I have to admit the amount of drug dealers setting up business in all our neighborhoods need a license and permit unless anyone is allowed to run a business in residential communities and I didnt know you could. Why should I be told yes or no to a shed,pool or club basement by the government or neighbor mind your own business.
original law 1988
original cutoff 1950
38 years
new law 2012
new cutoff 1970
32 years
just needs a time frame added for clarity
get over it
correction:
new cutoff 1978
24 years
It still amounts to just rolling the cutoff forward to match the intervening timespan.