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Would Charlestown's Mayor Election have turned out different?


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#21 Dougie

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Posted 19 January 2016 - 03:00 PM

As pointed out by Councilwoman Barnes: A Federal district court ruled that the city of Portsmouth, Ohio's rental property ordinance violated the landlords’ Fourth Amendment rights because it provided for inspectors to go into a person’s house without a warrant. The city attorney acknowledged that he was unaware of this ruling. I'm glad that Tina did her homework; too bad the city attorney didn't. It blows my mind that Councilmen Vaughn, Little, Ledbetter and Barnes voted to adopt, in spite of just being informed that the Ordinance would not survive a legal challenge. Here's the court's ruling, if you care to read it:

http://www.ohioconst...rder-on-MSJ.pdf


Not a lawyer but in reading the decision in the Portsmouth case the city provide no provision for a warrant to be acquired to inspect a rental property if the landlord denied access. Making it an unlawful search.

In the provision passed by the council there is a provision to acquire a warrant for an inspection of a property that a landlord will not allow access to.

#22 masey

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Posted 19 January 2016 - 06:06 PM

Thanks Ruth Ann. I would say the city is covering all bases and anyone wanting to keep their home is in deep trouble. I am wondering what is in the works in the first resolution on page 6 item d. It seems any redevelopment is to be tied into the downtown area. Am I reading this right?
Everyone needs to read these two resolutions.

#23 CityBoy

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Posted 19 January 2016 - 07:06 PM

Not a lawyer but in reading the decision in the Portsmouth case the city provide no provision for a warrant to be acquired to inspect a rental property if the landlord denied access. Making it an unlawful search.

In the provision passed by the council there is a provision to acquire a warrant for an inspection of a property that a landlord will not allow access to.

 

I couldn't find that provision in the Ordinance.  Where did I miss it? 



#24 masey

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Posted 19 January 2016 - 07:51 PM

CityBoy, it is on page 5 item 2-12. When you take a look notice that they think they can turn off utilities on down the page. I can see some law suits coming down the road.

#25 CityBoy

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Posted 19 January 2016 - 08:27 PM

Not a lawyer but in reading the decision in the Portsmouth case the city provide no provision for a warrant to be acquired to inspect a rental property if the landlord denied access. Making it an unlawful search.

In the provision passed by the council there is a provision to acquire a warrant for an inspection of a property that a landlord will not allow access to.

 

 

CityBoy, it is on page 5 item 2-12. When you take a look notice that they think they can turn off utilities on down the page. I can see some law suits coming down the road.

 

Thanks, folks.  I completely missed it.  My bad.


Edited by CityBoy, 19 January 2016 - 08:27 PM.

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#26 Boss Lady

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Posted 19 January 2016 - 08:36 PM

If it hadn't been for the 6th district Bob hall would have lost the race cause shepherd was winning until those numbers came in. I don't understand how the city of Charlestown can support a man like Bob hall. Everything that comes out of that mans mouth is a lie and now things are going to get bad. He doesn't care about the people of Charlestown he is just worried about money. Drugs are everywhere in this small town from high dollar homes to apartments one neighborhood should not be put on the spot for drugs. There are other ways to go about fixing up that neighborhood not just takes people's homes. He is going to put families and children on the streets to replace that area with high dollar homes that he actually thinks people are going to move into. This isn't Louisville this is a small town with good people and it needs to stay that way just because some businesses are popping up on 62 you think Charlestown is going to get big? No people will move to jeffersonville or drive from other places like they do now. He needs to get off his high horses cause the last time I checked his house wasn't that fancy either looks like it should be belighted. And mr Ledbetter how could he let this happen? What happens when hall comes after Glendale? What will Ledbetter do then? He has a nice home in that subdivision. I don't think the council fully understood what they were getting into will hall hand picked them (his puppets) and now it's too late. Stay strong PR and don't give up the fight SHOULD HAVE TOOK THE RIGHT STEP

#27 Old Pawpaw

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Posted 20 January 2016 - 10:02 AM

If I were a landlord in Charlestown i would make the City get a warrant each and every time they wanted to do an inspection, I am sure the judge in the county would love to take the time to evaluate every inspection that Bob Hall thinks is important to his plan. Lord knows that  the county has nothing more important to attend to. Maybe the judge who issues warrants could give Bob an open ended one that allows him to decide who's property he wants to enter. Come to think of it, why even have a legal system in Charlestown, why not have Bob decide if  a person  is guilty of a crime and let him decide the punishment. The way that things are headed in Charlestown I would not be the least bit surprised ! 


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#28 kelley

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Posted 21 January 2016 - 07:28 AM

This new inspection regime from Hall&Co., makes me think maybe what Pleasant Ridge needs isn't so much a neighborhood association as a something more like a neighborhood militia. At minimum, there needs to be witnesses, ideally armed with cameras, every single time one of these inspections are executed. The inspections should be awkward as hell at best for those performing them.

I'm available for a few shifts.
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#29 Dougie

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Posted 22 January 2016 - 03:04 PM

I am really dumfounded why people are so staunchly against the RENTAL property inspection proposal? These are the problem areas of the projects! Not the 50 homeowners. Who would not be effected. The run down $10 a person per week 250 or so rental properties are the targets. That is truly what many of those properties rent for. This is the first time any Council has taken a positive step to help the homeowners of Pleasant Ridge improve that neighborhood since its inception. No need to be against it unless you support SLUM LORDS! IMO



#30 Russell Brooksbank

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Posted 22 January 2016 - 06:35 PM

Personally, I think the inspections of rental property is a good thing.
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#31 CityBoy

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Posted 22 January 2016 - 06:43 PM

I have no problem with the rental properties being inspected, as long as it's done legally, and as long as the city inspects ALL rental property, not just those in Pleasant Ridge.  But let's be realistic -- this isn't about getting Pleasant Ridge rental properties in compliance with building codes. The just-enacted resolution to "redevelop" the neighborhood clearly stated that all homes have to go.  That is the foundation of Bob Hall's plan, and he hasn't budged on it.  Quite simply, he wants all Pleasant Ridge residents out of his city, period.

 

The members of the City Council will have a pretty simple choice to make: Are you willing to force Pleasant Ridge homeowners to sell their property for little or nothing, knowing full well that they don't have the means to find suitable housing elsewhere?  Speaking for myself, I would never want that on my conscience.  


Edited by CityBoy, 22 January 2016 - 06:44 PM.

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#32 Russell Brooksbank

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Posted 22 January 2016 - 07:06 PM

I agree with you CityBoy. I do think that these inspections, if used properly, could actually help the homeowners in Pleasant Ridge. But you and I both know that instead of using it as a tool to help the people it will be used as a weapon against them.
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