I doubt that this is constitutional, but when has that ever stopped any Legislative body? I guess it applies to HOA's and Condo Associationw who may rent properties acquired by foreclosure, but it doesn't give much, if any leverage when owners don't do it.....
ATLANTIC BEACH, Fla. – June 3, 2009 – Despite criticism from Realtors and others, the City Commission Tuesday unanimously approved an ordinance that requires landlords to evict repeat criminal offenders who rent properties in the Mayport Road area. Landlords who don’t comply will face city fines and penalties. While real estate agents and others have called the measure unfair, Mayor John Meserve said the action simply reflects state law. “The language of how we enforce laws on those people who have rental properties that continue to rent to bad people and don’t clean up their act when talked to about it, that’s taken from state statute,” said Meserve. But during a public hearing before the commission last week, some property owners said they’re worried about being singled out and that evicting a renter is complicated, whether they break any laws or not. “It doesn’t say anything about convictions,” said Peter Sapia, who owns several rental properties in Atlantic Beach and throughout the Beaches. “Without a conviction, my attorney told me I cannot do anything.” Atlantic Beach Community Redevelopment Coordinator Dale Hatfield is handling the urban revitalization of the Mayport corridor, which includes neighborhoods about two blocks to either side of Mayport Road. He said the city will help landlords deal with law-breaking renters as each case comes up. “We are going to provide support to that landlord,” said Hatfield. “We’re going to talk to them about seven-day notices. We’re going to talk them about how to evict persons and we will go with them, if they need it, to show them how this process is done.” Hatfield, who is still a city police officer, said evictions involve a different level of “proof” than a criminal case since evictions are civil issues. A burden of “guilt” isn’t necessary, he said. The revamped ordinance seeks to get landlords to evict troubling tenants, especially in the neighborhoods surrounding Mayport Road. Atlantic Beach targeted that area for urban renewal in early 2008 and officials hope their efforts can reverse decades-old blight and crime. Some of the ordinance changes in the city’s code call for the resurrection of the Public Nuisance Control Board, which convened one time in 1990 to address one complaint but essentially dissolved after that. The city wants the Code Enforcement Board to double as the nuisance board to address complaints with tenants. The board would be able to impose additional penalties on landlords if repeat criminal offenders are not evicted. Still, Jacksonville Beach Realtor Jeanell Wilson said Atlantic Beach’s new measure seems to place blame on landlords and not those who actually violate the law. “It seems to be holding the landlord responsible for the actions of the tenant,” said Wilson. “We can’t control the actions of the tenant.” Hatfield said while the city is focused on revitalizing the Mayport Road area, they still want to be an advocate for landlords and focus on the tenants who have been involved in crimes ranging from drug dealing to prostitution in the corridor. “We will go in and do an undercover sting of some kind and someone will be arrested. It doesn’t matter if they’re convicted or not, it matters that they’ve done it in the presence of a police officer,” said Hatfield. “If something’s been done on their [the landlord’s] property, we notify them and help them. If they don’t do anything to abate that problem, then they can be held liable.”
The Florida Times-Union, Jacksonville, Drew Dixon. Distributed by McClatchy-Tribune Information Services.
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