Twilight Zoning in Bellingham: What Can We Do?

Thursday, August 30, 2007

What Can We Do?

How do we extricate ourselves from this quagmire? First, we must recognize that the core issue is non-enforcement of Bellingham City Code on single family zoning. The reasons for this are many but, at this point, moot. Second, we must concede the enormous contribution to the problem by Western Washington University, more by omission than by commission. Expecting the community to absorb more than 8,000 students each year is not helpful. Third, we must concede that the live-in property owners have been marginalized in favor of those who rent their single family properties. These landlords are totally uncontrolled, an unacceptable situation in a city where even dogs have to be licensed. We cannot allow the landlords to hijack our planning meetings and selfishly further marginalize the other property owners. Many cities across the nation require landlord licensing such as Madison Heights, MI (click here for info) and New Haven, CT (click here for info).

The bugaboo of “unconstitutionality” of our code should be put to rest until such time as a court has decided the issue. Some will lament the cost of a court proceeding but we ought not forget the repeated costs to the city by allowing the “rooming house-ification” of our neighborhoods. By that I mean the price to control unhealthy living conditions, overcrowding, litter, parking, traffic congestion, noise, public drunkenness/urination, assaults, etc., the symptoms of laissez-faire enforcement. There is also the de facto, uncontrolled growth in single family neighborhoods rendering our neighborhood plans moot. Moreover, there is the immeasurable price of the degradation of quality of life for our residents who are forced to accommodate the annual turnover of rooming house renters whose ignorance of the basics of civility is well known.

There are other actions we can take after, and only after, the city enforces the current code. Otherwise we will be on yet another round of giving aspirin to the trauma victim.

- License all landlords to include those who rent single family homes.

- Develop a program of health and safety inspections of all rented property.

- Insist that Western Washington University step up to bar and provide additional student housing either through more on-campus dormitory space or through public-private construction ventures.

- Insist that Western Washington University extend their student code to cover off-campus activities.

- Hire additional code enforcement personnel.

- Contact other jurisdictions with successful zoning enforcement to obtain additional techniques and tools.

We must avoid the “Kumbaya” effect wherein our elected leaders shrug their collective shoulders and call for yet another meeting with the neighborhood associations to “tackle his tough issue and sing songs around the campfire” I, for one, am looking for LEADERS who will take action NOW; who will enforce the current code. I am looking for a City Attorney who will find an approach to support the single family zoning code instead of undermining it before it is ever tested. I am looking for a City Council that will look out for the homeowners who want to live in peace and quiet. As I review the candidate comments on my blog, I am not encouraged. Nor should the readers of this blog be heartened.

(Here is a reminder to our elected officials and our mayoral and council wannabes: You will need the support of these single family homeowners as you struggle to adopt policies that will create infill and avoid sprawl. You will have a tough sell on your infill ideas and promises when you ignore the de facto infill caused by the creation of these rooming houses. This mistrust will spill over into all you do to meet the challenges of traffic congestion, water quality and, above all, growth. These issues are interconnected. You ignore single family zoning enforcement at your peril.)

Again, I urge everyone to contact the candidates for office and current city officials. Tell them "I"m mad as hell and I'm not going to take this anymore!" (Borrowed from the movie Network, 1976) Feel free to copy and plagiarize from this blog. Moreover, it is time to vote to ensure we have leaders who will support us on this issue.

Here are their emails:

For Mayor

Dan McShane - team@danmcshane.com
Dan Pike - dan@pikeformayor.com

For At-Large Council

Louise Bjornson - Dale-Louise@msn.com
Michael Lilliquist - Michael@LilliquistforCityCouncil.org

For Ward 5
Terry Bornemann - terryb903@comcast.net
Bill Geyer - billgeyer@comcast.net

For Ward 4
Damon Gray - djgray@damonjgray.org
Stan Snapp - stansnapp@Yahoo.com

For Ward 3
Larry Farr - larry@larryfarr.com
Barry Buchanan - barry@barryforbellingham.com

For Ward 1

Jack Weiss - jack@jackweissforcouncil.com

The Present Council - citycouncil@cob.org

The Mayor - mayorsoffice@cob.org

The Planning Director - tstewart@cob.org

1 comment:

Terry said...: I recognize the core issue as a shortage of affordable housing.

What's your solution?; November 27, 2010 at 4:28 AM

The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.