Director of Building, Planning and Code Compliance Lonnie Boley updated the Knox Board of Works regarding several properties during the board’s November meeting. The apartments located at 305 E. John Street were the source of most of the discussion. By the end of the discussion, the board unanimously voted to condemn the apartments.
Boley reminded the board that at the prior meeting, the board voted to charge a $5,000 penalty per property which totaled $15,000. The three properties contain 19 units.
“I’ve talked to him two weeks ago. I’ve still not received anything for bug control or anything. Multiple complaints from tenants that there’s cockroaches, bed bugs, fleas. All of that is still running completely rampant,” Boley said.
He also told the board that he purchased a Hazmat suit for inspection.
Boley asked the board for guidance on what to do next with the apartments. “Do I shut the place down? But we have to give them (the tenants) someplace to live. There’s 19 units there.”
City Attorney Justin Schramm answered Boley’s question. “Any one of the leases that I prepare, there’s language in there that talks about condemnation by governmental entity and what happens in the case where that were to happen. And usually that’s some type of clause between a landlord and tenant where landlord’s responsible. But, realistically here if somebody’s not complied, even if that clause is in there, we’re going to have people that don’t have a place to move. And even though it’s the landlord’s responsibility, he’s not paid his assessment, he’s not done the work so what are the odds that he’s going to follow through and provide for replacement because it’s not the fault of the tenants presumably. So, to answer your question, ordinary circumstances, landlord should be responsible for that relocation even though it’s effort on the part of the city or the municipality. But here, realistically, I know that’s the extra element we have to consider.”
Boley said that it was his understanding that when the current landlord took control of the apartments about two years ago, they’re still running under the same leases as the previous owners. “So, there’s no new leases except for maybe the new tenants that moved in. At the same time, before there’s a new tenant that’s supposed to move in, I’m supposed to inspect it, under our rental ordinances. I’ve not yet inspected any of them. They said they moved-in in October. I haven’t done any of those inspections.”
Boley said that he expected the property owner to be present at the meeting. According to the Starke County GIS, the owners of that property are Doek Tin Hlong and Ma Kim. “He was wanting to defend himself with that $15,000 assessment. He’s not even here so I’m going to move on with that.”
The tenants that Boley mentioned that recently moved into one of the apartments were present at the meeting. Board Member Jim Collins asked the tenants if they signed a lease. The tenants said that they had.
Schramm reiterated that responsibility is on the landlord. “Does the city have any liability if it’s a rightful condemnation through the unsafe process? They don’t have liability in so far as it’s not the city’s responsibility if an unsafe structure exists, but again here I know there’s extraneous circumstances that you have to look into. So however, you guys want to act on it. It’s not your responsibility to relocate tenants, but I understand here you’re trying to look out for them.”
“Here’s the thing. This guy doesn’t listen. He doesn’t do anything. He’s your typical out-of-town landlord who doesn’t do anything. We can hit him with a fine. That’s not going into effect until he goes to pay his taxes. It’s not helping these people out right away or the other tenants that got to live with cockroaches, bed bugs, and all that. So, my standpoint is, we see it all the time in Plymouth and all that. They’ll go in and unsafe and condemn and everybody move out. How do we get that done? How do they get that done that fast,” said Mayor Estok said.
Schramm replied that the board would have to call it an emergency unsafe structure. Typically, that would receive a quicker hearing. He also stated that he hasn’t looked into what other bigger cities have done in this scenario. “I mean, it would be the tenant’s responsibility. They would go back on the landlord presumably. In the instance of responsible landlords, they’ll make that arrangement because they can face heftier fines and penalties than just relocation costs.”
“I try to put myself in these folk’s shoes, or any of the other tenants. To them, it’s an emergency. And if I’m in their position, I’m just going to have to go find me somewhere else. I can’t wait on that guy who’s not doing anything anyway to find me somewhere else to live. I got to do what I’ve got to do,” said Collins. He asked Schramm if the tenants would have to move out.
“Well, from putting myself in the tenants shoes from a legal standpoint,” said Schramm. “Say the tenants do have the ability to relocate. They probably want the city to act on it first, so they’re not deemed in breach of their own lease. Because if they just tell the landlord, ‘Hey I’m moving out’ and he goes ‘you’ve got six months left on your lease,’ there’s nothing that triggers that. Well, of course there is, but that’s a long drawn out process, but if the city comes in and says, ‘this is an unsafe structure, tenants got to move, we got to take action.’ The tenant, in their shoes, has the legal ground to say, ‘you’re in breach of this contract, I’m leaving I’ve got to relocate.’ So, I mean that’s assuming they have the ability to do that, but that’s kind of the trigger that helps them out a little bit.”
The mayor added that tenants having to move out wouldn’t happen overnight. Schramm confirmed that saying it would be January, at least.
“I don’t’ know the condition of every other room, but as far as waking up every morning. Living condition, it’s livable. It’s just like, little things like you said, he doesn’t pay his fines, he doesn’t keep up on the structure of the house. I’ve literally have been killing roaches every day. I’ve got receipts over $150 in bugs. I could’ve called the bug guy and spent it myself. Now it’s going on a month I’ve lived here and I ain’t got no heater,” the tenant said.
Collins asked about the next steps that could be taken against the landlord. Mayor Estok said that Boley has to proceed with the $15,000 penalty. Estok then said that the board should vote to condemn the property and to make sure that the property owner is notified by certified mail that he owes that penalty and condemning the property is in the works.
The board approved a motion to condemn the properties at 104 Prettyman, 305 and 307 E. John Street.
Schramm advised that all the tenants should be served with a notice but not as defendants. “Because what you guys (tenants) want to do, ideally, tenants show up to the hearing and tell the judge your side.”
