[Patriotman]

This bill is unconstitutional. It's communist and these councilmen should be charged with violating their oath of office by not holdingup to the U.S. Constitution. Can you just imagine that the government could come in these homes anytime they want to without no warrant.

[IronJack]

"The right of the people to be secure in their persons, HOUSES, papers, and effects, against unreasonable SEARCHES and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

Amendment Four, Constitution of the United States. [emphases mine]

[Dog Gone]

Maryland is basically a communist country, so this doesn't seem too out of character for it.

Maybe there's still a Republican or two behind enemy lines who will file suit against the ordinance. It's clearly unconstitutional.

[Reaganwuzthebest]

What is it about the state of Maryland? They're making NY and Massachussetts look conservative. I guess all those wacky liberals who work in DC have to live somewhere.

[Notwithstanding]

...but its for the chilrun...

[TYVets]

This bill needs an admendment, a clip implant for every person living in these rental units.

[Teacher317]

Can anyone please cite for me the last time a law was written that limited the power and authority of government, rather than limiting citizens or permitting government to expand its reach?

The Constitution's last was the 11th Amendment (1804). It says that the courts can't be used for state vs. state (or foreign state vs. US) suits. The 13th (1865) started the horrendous trend of "Congress shall have power to enforce..."

[dstog]

About 3 years ago in Yuma, AZ the City Council passed an ordinance that all rental property had to be identified by a certain date. The purpose was to have emergency contact information for the police and fire departments. The info was stated for that use only.

Fast forward to May 2002...

The City Council under the guise of state law is doing inspections on rentals and small trailer parks for RVs. If they aren't to the city's liking, the property can be closed down and renting will not be allowed. The city will have the property appraised and "a fair" offer will be made to the owner for the property.

Think it's over with that? Nope!

If the owner refuses to sell, the city can seize the property under the eminent domain laws of the state. Normally this is done only for public use of the property, such as right of ways, etc. But the city can and has said they can seize property and resell it to another for private use!

All of this is under the guise of rehabilitating an initial 22 square block area.

I don't mind seeing crappy, unhealthy rentals being forced to clean up, but taking property because the owner doesn't want to sell and then reselling it for private use, is nothing but plain theft by strongarm using the local government as the leg breaker.

Always follow the money. Someone see's an opportunity to line their already guilded pockets.

[Mini-14]

Brent Hanson
1687 Whitehall Ct.
Wheeling, IL 60090
March 27, 2002

James Grabowski
Acting Village Manager
The Village of Wheeling, Illinois
255 West Dundee Rd.
Wheeling, IL  60090

Dear Mr. Grabowski,

I am a tenant of Village Green Apartments, and recently received a letter from their Assistant Property Manager regarding a scheduled inspection by the Village of Wheeling on April 9, 2002. The letter requests that I sign a "Consent to Rental Residential Inspection" which allows the Village of Wheeling to obtain entry to my residence, in order to conduct an inspection regarding unspecified "deficiencies" noted by the Village of Wheeling.

I would like to thank the Village of Wheeling for their concern about these alleged deficiencies. However, I expressly forbid any employee or agent of the Village of Wheeling to enter and inspect my residence in matters related to Chapter 4.84 of the Wheeling Municipal Code. I would like for you to review the following text from the 4^th Amendment from the Bill of Rights, contained in the U.S. Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I am certainly willing to allow an employee of Village Green Apartments to jointly inspect with me any "deficiencies" on a mutually agreeable date, provided that you submit a written request itemizing the "deficiencies" which need to be corrected. If any employee or agent of the Village of Wheeling attempts to enter my residence in matters related to Chapter 4.84 of the Wheeling Municipal Code, you should expect that I may take legal action against anyone who authorizes, executes, or assists in this "inspection".

Sincerely,
Brent Hanson

cc:    Nancy Hopkins, Village Green Apartments
        Misty Fisher, Village Green Apartments

---

Village of Wheeling
Department of Community Development
111111 S. Northgate Parkway
Wheeling, IL 60090

May 1, 2002

RE:    Rental residential licensing inspection

Dear Mr. Hanson:

Your letter of March 27, 2002 was forwarded to me because I oversee the rental residential licensing activities of the Village of Wheeling.  I hope that your concerns can be abated and the inspection processes concluded.

The rental residential licensing program has been in place for over three years in Wheeling.  This program is intended to protect public health and safety by insuring rental units comply with minimum housing standards of the Village of Wheeling.  The inspection consists of an interior inspection of a percentage of the dwelling units located at a rental property, as well checking the exterior property areas of a rental property, and common use areas as applicable.  Although it is not a comprehensive list of the items checked, I have enclosed a copy of our property maintenance guide [no he didn't] for you to look over to gain insight into the scope of items that we review.  When problems are found, they are reported to the property owners, or in this case property managers, with direction to correct the problem(s), a date by which the work must be completed and a reinspection performed.

Our records indicate the presence of code violations at your unit from an inspection conducted on January 17, 20022.  They consists of open/uncovered electrical outlets and a blow down pipe for the pressure relief valve on the water heater that is smaller than the diameter of the pressure relief valve opening.  Because these code violations were found, the property management company should not have allowed the unit to be occupied prior to it being rechecked for compliance.  Since they did, we would simply like to verify the correction of these items and complete licensing process.  I would apprecia6te being able to allow our inspector to conduct a reinspection by or before May 16, 20022 to conclude the licensing process for this facility.  We are required to conduct the inspections and view the corrections ourselves.

If you have any questions regarding this matter, I would appreciate it if you would contact me so I can answer any concerns that you have on this matter.  You can reach me at (847) 459-2621.

Sincerely,
Michael G. Boyle LEHP/CCEO
Village Health Officer

C:    Misty Fisher, Village Green Management Co.

[Mad_Tom_Rackham]

"The bill has a four year sunshine provision that would require landlords to register their property,"

First registration. Then confiscation?

[strela]

This bill is unconstitutional.

I don't agree. In multi-family dwellings such as apartments, a certain amount of government oversight is necessary, for the safety of everyone else living in the same unit. I don't see what is so unreasonable about these proposed inspections, or the bill itself.

As for the constitutional objections to the bill, I believe these inspections would constitute a textbook example of "reasonable" within the Fourth Amendment. If I lived in an apartment complex, I for one would consider it eminently "reasonable" to be as sure as humanly possible that my neighbor's apartment won't burn to the ground and, coincidentally, incinerate me as well.

Want to live in a shotgun shack with bad wiring, leaky pipes, cockroaches, and poor ventilation? Don't want it inspected by the government? Fine - then move to a single family dwelling (preferably outside the city) and re-create "The Grapes of Wrath" if you want to. At least then, if your place burns to the ground because it doesn't meet code, it won't take me and my family with it. Just don't expect to live in my apartment complex and feel you have the "right" to avoid reasonable, sane inspections of your unit's physical condition.

[boris]

I think you need a better OCR program. I was born in Baltimore and never heard of any place named "Old Oundalk".

--Boris

P.S. Omnipage rules.

[Black Agnes]

They already do this in NJ. I got a notice that the local 'safety inspection nazis' will be invading my rental unit sometime the first week of June to make sure I have a smoke detector and carbon monoxide detector 'among other things'. Not sure what the 'other things' are. They presumably do this every 5 years up here. Got to make sure all the condos and apts are 'safe' doncha know. Never heard of this before I moved to the lovely communist NE part of the country. I'm a renter in a decent building of mostly privately owned apartments. They're also subject since the regulation applies to 'multiple occupant' dwellings, presumably worded so as to get all apts, condos, etc but avoid the single family houses..for now. I'm definitely moving. This is police state Nazism at its best! Undoubtedly passed by Christie Witless.

[Black Agnes]

Gosh, if the homes are rundown and in awful condition, who will want to rent them? Supply, demand. Next they'll want to make sure all our bathtubs have the little rubberized stickies so we don't slip and fall.