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Landlords warned about drug dealing
Dayton Daily ^

Posted on 02/05/2003 10:57:26 AM PST by Stew Padasso

Landlords warned about drug dealing

By Lawrence Budd

LEBANON | The commander of the Warren-Clinton County Drug Task Force gave notice Monday to the landlords of properties where drug dealing is alleged: Clean up or face seizure under public nuisance laws.

The warning came after an infant and 3-year-old girl were removed from their parents last week as Warren County drug agents were about to shut down purported crack cocaine trafficking at two homes in downtown Lebanon.

The unrelated girls were turned over to Warren County Children Services, one on Thursday and one on Friday — the same day a SWAT team served simultaneous warrants at residences on Warren Street and North East Street, officials said.

"It's another part of drug trafficking. Some people say there are no innocent victims. Well there certainly are," John Burke, commander of the Warren-Clinton Drug Task Force, said Monday.

While emphasizing the property owners were not involved, Burke said authorities would be contacting the landlords in this and other drug trafficking cases to advise them that properties that are the subject of repeated drug problems could prompt civil lawsuits to declare them public nuisances subject to seizure.

In this case, Burke said the task force investigation spanned two months during which crack cocaine was frequently sold from the residences.

"The neighbors certainly noticed," Burke said. "It puts (landlords) on notice to be more vigilant what's going on in their buildings."

Burke said the girls' parents had not been arrested. The girls were removed by workers of children services and are in the custody of foster parents, community relations director Patti Jacobs said.

"We look at the adequacy of the supervision, dangerous acts and whether they are repeated. Whether the child is old enough to self-protect," Jacobs said.

On Friday, residents Eric Harley, 39, and Victoria Robinson, 40, were arrested by SWAT team members who served the warrant at 6 p.m. at 208 E. Warren St., Burke said.

A grand jury indicted Harley on three counts of trafficking in cocaine and Robinson on one count of trafficking in cocaine and two counts of permitting drug abuse, Burke said.

Other SWAT team members served a search warrant at 6 p.m. Friday at 318 N. East St. Both residences are rentals just west of downtown Lebanon, Burke said. Crack cocaine was seized, but no one was home on East Street, Burke said.

Harley and Robinson remained in the county jail, pending a bond hearing, according to jail records.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Ohio
KEYWORDS: drugskill; wodkills; wodlist
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fyi
1 posted on 02/05/2003 10:57:26 AM PST by Stew Padasso
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To: Wolfie; vin-one; WindMinstrel; headsonpikes; philman_36; Beach_Babe; jenny65; AUgrad; Xenalyte; ...
WOD Ping
2 posted on 02/05/2003 11:07:27 AM PST by jmc813 (Do tigers sleep in lily patches? Do rhinos run from thunder?)
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To: Stew Padasso
People don't own anything anymore. We only have what someone in government lets up use and pay taxes on for a while.

I suppose these government weisels will pony up the eviction costs and lawyers fees for trying to evict someone who you "think" might be a drug dealer in your rental property....I wouldn't count on it.
3 posted on 02/05/2003 11:15:03 AM PST by Orangedog (Accept No Substitutes)
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To: Stew Padasso
The same warning to investment bankers would be alot more effective, and profitable.
4 posted on 02/05/2003 11:15:13 AM PST by steve50 (forget the tar and feathers, get a rope)
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To: Stew Padasso
Let me get this straight. The landlords are supposed to accomplish what the cops can't? Hoo-kay. (Maybe we should seize the police force, since they haven't stopped the drug dealing either).
5 posted on 02/05/2003 11:23:14 AM PST by Wolfie
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To: Stew Padasso; *Wod_list
"The commander of the Warren-Clinton County Drug Task Force gave notice Monday to the landlords of properties where drug dealing is alleged: Clean up or face seizure under public nuisance laws."

I notice the commander doesn't seem to have said HOW landlords are supposed to "clean up." Could that omission have anything to do with the money that stands to be made off the threatened seizures?

6 posted on 02/05/2003 11:27:14 AM PST by MrLeRoy ("That government is best which governs least.")
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To: jmc813; All
I think it's perfectly appropriate to use 'public nuisance' bylaws to protect a community against public nuisances!

Neighbours of the rental properties suffer significant financial and personal losses as a consequence of the landlord's neglect.

In Canada, municipalities do the same thing, with reasonable performance measures. Everyone has a stake in preserving social values, which include NO public outrages!

Yes, this is really me, headsonpikes. I'm opposed to irrational drug laws, but I'm not opposed to community standards of public behavior, and the right of property-owners to be protected from negligence.
7 posted on 02/05/2003 11:30:22 AM PST by headsonpikes
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To: headsonpikes
Neighbours of the rental properties suffer significant financial and personal losses as a consequence of the landlord's neglect.

What neglect---what should he have done differently?

8 posted on 02/05/2003 11:42:13 AM PST by MrLeRoy ("That government is best which governs least.")
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To: jmc813
"It's another part of drug trafficking. Some people say there are no innocent victims. Well there certainly are," John Burke, commander of the Warren-Clinton Drug Task Force, said Monday.
He completely forgot to explain how, why and who the innocent victims are. Typical. Sympathy angle at play. Just leaves it hanging.
9 posted on 02/05/2003 11:54:12 AM PST by philman_36
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To: MrLeRoy; headsonpikes
Neighbours of the rental properties suffer significant financial and personal losses as a consequence of the landlord's neglect.
Are these some of the "innocent victims" of drug trafficking or they the "innocent victims" of a slum lord only interested in maximizing his profits?
10 posted on 02/05/2003 11:57:05 AM PST by philman_36
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To: philman_36; MrLeRoy
See my #7, phil.

The innocent victims are the owners of neighbouring houses.

They suffer damages from the landlord's imprudence and neglect.

Period.
11 posted on 02/05/2003 11:59:29 AM PST by headsonpikes
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To: headsonpikes
They suffer damages from the landlord's imprudence and neglect.

What imprudence and neglect---what should he have done differently?

12 posted on 02/05/2003 12:00:45 PM PST by MrLeRoy ("That government is best which governs least.")
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To: headsonpikes
Nobody in the community has less power to affect change than the poor bastards who own the property.

If you want to hold landlords accountable for their tenants, then give the landlords authority to do something about it.

I'd favor a law that allows the landlord to beat down the door and drag the tenants into the street and hang them from the streetlight. That would make a positive difference.

But what's being proposed here is just another example of punishing the innocent.

13 posted on 02/05/2003 12:02:48 PM PST by the gillman@blacklagoon.com
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To: MrLeRoy
A landlord is legally still the neighbour, even if not residing there.

It is an obligation of OWNERSHIP, not tenancy, to keep one's property 'nuisance'-free.

A nuisance is a tort.
14 posted on 02/05/2003 12:05:16 PM PST by headsonpikes
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To: the gillman@blacklagoon.com
I'd favor a law that allows the landlord to beat down the door and drag the tenants into the street and hang them from the streetlight.
Vigilantism? A self-appointed doer of justice. No trial by jury...none of that other Constitutional stuff?
15 posted on 02/05/2003 12:08:02 PM PST by philman_36
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To: the gillman@blacklagoon.com
"...then give the landlords authority..."

In B.C., where I live, which has very pro-tenant and anti-landlord regulations, a landlord can evict a disorderly tenant on 24 hours notice.

There is no excuse for allowing a rental property to degenerate at the expense of the neighbours.
16 posted on 02/05/2003 12:10:48 PM PST by headsonpikes
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To: philman_36
If you're going to punish property owners for the actions of their tenants, you should give the landlords authority to take action against the tenants.

Otherwise, have the law deal with the tenants and leave the property owners alone.
17 posted on 02/05/2003 12:12:36 PM PST by the gillman@blacklagoon.com
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To: the gillman@blacklagoon.com
If you're going to punish property owners for the actions of their tenants, you should give the landlords authority to take action against the tenants.
I don't see the landlord/property owner getting punished. Could you show me where that occurs?
The landlords can take action against the tenants through the courts as they're supposed to. You're supporting something else altogether though.
Otherwise, have the law deal with the tenants and leave the property owners alone.
The law does deal with such situations. Someone has to start the process by filing a complaint. You're not wanting to go that route though. "Hang 'Em High" seems to be your solution.
18 posted on 02/05/2003 12:20:29 PM PST by philman_36
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To: headsonpikes
Where I live, if you complain too loudly about tenants murdering your children, you are going to lose everything you own and then some. And that's before you get hauled into court.

Seriously, I know former property owners who have had their buildings seized by the courts because tenants have vandalized them.

I was pulled over once, late at night, handcuffed and taken in because a tenant of mine shoved the refrigerator out of the second floor window(without opening it). I was charged with public menace, having a refigerator on the lawn that didn't have the door removed. Then I was asessed a large fine under the retaliation statute for trying to evict the tenant in question. He also tossed his wife out the window that night.

I had to give him two thousand dollars to move. That was not really a bad ending for a case in massachusetts. Most are much worse. One of my most sucessful evictions only took ten months and cost $2500. That's because the tenant was so horrid. But that kind of success is extremely rare.
19 posted on 02/05/2003 12:20:53 PM PST by the gillman@blacklagoon.com
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To: the gillman@blacklagoon.com
I see a warning...While emphasizing the property owners were not involved, Burke said authorities would be contacting the landlords in this and other drug trafficking cases to advise them that properties that are the subject of repeated drug problems could prompt civil lawsuits to declare them public nuisances subject to seizure.
Of course, they won't be.
Drag the tenants to court, not drag the tenants into the street and hang them from the streetlight.
Narcoanarchy? Is that what narcoanarchy is? I want no part of that.
20 posted on 02/05/2003 12:24:43 PM PST by philman_36
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