Twilight Zoning in Bellingham: Damon Gray (Ward 4) Chimes In.

Saturday, September 22, 2007

Damon Gray (Ward 4) Chimes In.

Damon writes:

Dick,

Thank you for continuing to be the standard-bearer for this important issue.

The heart of the discussion during your time on Mike Kent's Radio Real Estate program, was the enforceability of the Municipal Code as it is currently written. As I was unable to get through to the program, I'm passing my comments to you here. A non-enforceable code is no better than having no code at all. If the code is in place, it needs to be enforced. If it cannot be enforced, it needs to be revised to include language that is enforceable.

While I respect the wisdom and experience of the City Attorney, ultimately, we don't know if the code is enforceable in its current form until it is tested in court. Similar cases in other jurisdictions have shown that R1 zoning can be enforced if properly articulated in the Municipal Code. I believe the enforceability of our code needs to be tested. If it fails the test, it needs to be revised appropriately.

Regards,

Damon J. Gray

Bellingham City Council - Ward 4

You are right on the money. It is up to the court to decide the constitutionality of our code. The City Attorney certainly has his opinion but, just like belly buttons, everyone has one. One opinion counts and that is the opinion of the courts. Anything short of that becomes babble and results in quibbling, stalling and continued frustration. Time to move on.

No comments:

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.