Inspection Ordinance legal?

By:  Diane Benjamin

It appears obvious the ordinance the City of Bloomington has for inspection of rental property is illegal.  It was illegal before it was changed Monday night, but with the City wanting to hire a second inspector, it is tyranny.  Not just illegal – it is massive over-reach by government.

All the City needs to do to make it legal is add a line allowing either the landlord or tenant to refuse entry.  See the 4th amendment Amelia.  Your too Mr. Jurgens.

But, there is also a question on how the ordinance was changed.  Here’s what was on the agenda last Monday:

amendCan they legally amend an Ordinance without a public hearing?

See this document:  notice admin adjudication

It pertains to a proposed Ordinance change in November of 2014.  Gee, they held a public hearing:

amend2

Listen to LAWYER Amelia Buragas explain why they have the authority to go ahead and change the ordinance without a public hearing, just hit play:

.

Two problems exist:

1)  The ordinance was changed without a public hearing

2)  The ordinance violates the 4th Amendment

Evidently the Constitution is no longer taught in law school. 

If you listen to the end of her speech, the motion she makes is to “pass the ordinance” as presented.

Amelia, can you explain why other ordnance changes had a public hearing but yours didn’t? You demanded action for “public safety”?  I wonder if you will demand gun confiscation too – for “public safety”?  Ridiculous?  Why?  If you believe it is government’s job to intrude in people’s lives and houses for their own good, exactly where is the line drawn?

The public hearing I referenced above was just the first one listed when I searched  “public hearing” on the City website.  I’m sure there are other examples.

 

24 thoughts on “Inspection Ordinance legal?

  1. Too much talk. My goodness, Amelia Badelia just can’t stop running her mouth. What did she say, anyhow? She obviously likes the sound of her own voice

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  2. Her body language speaks volumes! She don’t believe what she’s saying! And what’s this “Imperative for the public safety” crap?? What next, rubber sidewalks, springy electric poles, cotton cars? The world is NOT meant to be a “play ground safe” place! If it were, we wouldn’t need police, hospitals, doctors and bicycle helmets (crap I don’t have a helmet!) This is just ANOTHER case of the WHOLE council (except ONE) dodging the REAL issues! WHERE are they addressing streets/roads, future growth, CURRENT growth, GROWING the economy, and being PROGRESSIVE and making the city a place where business WANTS To locate, not making knick-knack laws that don’t mean squat! We have an ordinance in place and it STILL takes 3 years for them to inspect property, what happens in 3 more years-ANTHER inspector. And YES she is a babbler!

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  3. Thank you Diane for going to the trouble to report and provide the video for others to see but I for one cannot bring myself to watch a rerun of Amelia saying anything. As much as I could never stand “C.H.I.P.S.” or “The Brady Bunch” I think I’d rather watch a full day marathon of that rather than a few minutes of an idiotic rant from Amelia. In addition no way would I hire her (or anyone in her affiliated firm) as a attorney due to her evident and ignorant disdain for the citizens right to privacy.

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  4. I’d like to see her proof source for those properties that are a public safety hazard. How do they know? Through an inspection? If they knew, then the owner should of been fined and the problem fixed. If they know of any hazards conditions that haven’t been addressed, then THEY are negligent now before any fees are raised. So, she is talking out of her backside.

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    1. The city is enabling the derelict landlords by renewing their licenses therefore are complicit in promoting the life safety issues of the tenants. If only the city would enforce the ordinances already on the books!

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      1. Hey Skunk — They can’t enforce the ordinance on books requiring annual inspections because the current fees only cover the cost of one inspector. Get up to speed.

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      2. Hey Rob–I am up to speed. That “once a year” inspection ordinance was passed in 2013. Go to the City website and read the Chapter 45 ordinances so you know what ordinances were on the books prior to 2013. The city has known who those problem landlords are for years. The Council thought they could solve the problem by doing inspections once a year. The derelict landlords should have their license revoked, building condemned and required to bring their building up to code before reissue–that would have been a better ordinance. Hiring another inspector and raising fees across the board is not the best idea to solve the problem. Ordinances for developers are not enforced either. There is such a thing as “slum developers” in this town, too.

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  5. If there needs to be a public hearing to change an ordinance, any Budget Amendment (also on Monday’s agenda) needs to have a public hearing.

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      1. This is what I found after googling, “When are public hearings required?”
        http://canons.sog.unc.edu/?p=77

        After reviewing Chapter 45 of the Bloomington City Code, I came to realize that this “unfunded ordinance” was passed in 2013. It is no wonder the inspector is not caught up with inspecting ALL rental units in the city yet. Additionally, the real problem is the codes are NOT being enforced–no surprise to me.

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    1. A city may not impose franchise fees. Ha! Check your bill if you subscribe to Comcast Cable.
      1. Cities and villages; infrastructure maintenance fees. The authorization of infrastructure maintenance fees is an exclusive power and function of the state. A city or village may not impose franchise or other fees upon or require other compensation from telecommunications retailers for use of the public way. See 35 ILCS 635/35. See page 5.

      Click to access il.pdf

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  6. Everyone who receives a bill from Comcast for cable will be interested to learn they pay a Franchise Fee. I wonder if it’s possible to be reimbursed?

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    1. Your Franchise Authority Is: City Of Bloomington 109 E. Olive, Bloomington, Illinois 61701
      FCC Unit Is IL0146.

      Call the city to find out about reimbursement.

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