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 Post subject: Tom blames new legislation for future rental deaths?
PostPosted: Tue Feb 04, 2014 4:05 pm 
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Quote:
http://www.nwitimes.com/news/local/govt-and-politics/house-votes-to-limit-municipal-rental-inspections/article_f463e64f-6cb3-5a3e-b055-801fa495b828.html
House votes to limit municipal rental inspections
20 hours ago • By Dan Carden dan.carden@nwi.com, (317) 637-9078



Related Links
•House Bill 1403



INDIANAPOLIS | The Republican-controlled Indiana House voted 67-28 Monday to limit the ability of cities and towns to regulate rental properties in their communities.

House Bill 1403, which now goes to the Senate, permits professional landlords to avoid municipal inspections and associated fees by hiring their own inspectors, who are not required to be independent. Inspections also would be limited to specific apartment features and structures; localities couldn't add items to the inspection list.

The sponsor, state Rep. Jud McMillin, R-Brookville, said local governments often are overwhelmed by their inspection programs and private inspections may actually be conducted more often than city inspections.

"I think all of us in here want to make sure that there is safety in these types of places where people are renting housing out, and I think what this bill does is gives us a better opportunity to make sure that they are safe in a better way," McMillin said.

Democratic Hammond Mayor Thomas McDermott Jr., blasted the House for approving what he calls "the slumlord protection act."

"What makes them think the bad landlords aren't going to get their buddies to inspect the properties, even though there might not be working smoke detectors?" McDermott asked. "This will have an effect on public safety in Hammond, Indiana, and places like Hammond."


McDermott told a House committee last month that limiting the inspection power of local governments likely will lead to more fatal fires similar to the Jan. 8 blaze that killed an adult and two children in a Hammond house that was cut into two apartments.

"When there's another tragedy, I'm going to give people these representatives' phone numbers," McDermott said. "Because they're going to call the mayor and ask how this happened and I'm going to let them know how much our state government supports us. It's a sad day."



We all know how I feel about this.... wondering how others might think on this......

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


Last edited by justcallmetommy on Tue Feb 04, 2014 4:11 pm, edited 1 time in total.

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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Tue Feb 04, 2014 5:55 pm 
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Whatz gonna fund code enforcement?


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Tue Feb 04, 2014 7:40 pm 
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If McMoron were smart, and he is not, he would have the council revive the health department.

It's a well known fact that the ONLY reason McMoron wanted the health department eliminated is because by state statute, he could not control the hiring and firing in that department.

It's also a well known fact, though the politicos will never admit to it, that getting a job in any county agency is a matter of "who you know" not "what you know" and many on the county payroll are not qualified to have the positions they hold.

God willing we get a new mayor with a brain and common sense to lead this city into the 21st Century because we all know McMoron dragged it to the stone age!

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"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety". Ben Franklin.

"Rebellion to Tyrants is Obedience to God". Thomas Jefferson.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Tue Feb 04, 2014 10:31 pm 
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Revive the health department? Roflmao. What has THAT to do with anything in this thread?
Lol. Well, I think mcMayor needs to attend more White Sox games if he wants to ensure funds for his department.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Wed Feb 05, 2014 7:30 am 
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Neo, just what I thought about the new legislation, going from $80 to $5 for registration fees is a 93.75% revenue reduction for Tom's problemed code enforcement department.

I see some lay offs in the future.

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Thu Feb 06, 2014 7:00 am 
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justcallmetommy wrote:
Neo, just what I thought about the new legislation, going from $80 to $5 for registration fees is a 93.75% revenue reduction for Tom's problemed code enforcement department.

I see some lay offs in the future.

Hey moron, as a property owner in Hammond, one would think you'd support higher property values and lower crime rates. Any legislation which hampers the ability of local government to insure housing meets minimum health and safety standards is not in the public's interest.

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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Thu Feb 06, 2014 12:39 pm 
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sparks wrote:
justcallmetommy wrote:
Neo, just what I thought about the new legislation, going from $80 to $5 for registration fees is a 93.75% revenue reduction for Tom's problemed code enforcement department.

I see some lay offs in the future.

Hey moron, as a property owner in Hammond, one would think you'd support higher property values and lower crime rates. Any legislation which hampers the ability of local government to insure housing meets minimum health and safety standards is not in the public's interest.


Yea, I sure see Hammond making substantial inroads in its crime and property values by the number of vacant abandoned homes which were once $15,000 and now are $20,000, right Mr. Happy Meal?

Its clear Team McDermott has mismanaged its code enforcement department, just look at the two pending federal cases against Hammond, one by a Hispanic Woman who outlines Code enforcement and city employees appearing to benefit from citations appear to be soliciting bribes, and another by a black woman, 18 year employee in Hammond Code enforcement Department who was replaced by a 20 something white male this last summer reportedly because of his political work he can do for Team McDermott, all while Hammond's Code Enforcement were failing to serve the family at 644 Sibley.

I wouldn't be worried about the pay cut, Mr. Happy Meal....

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Wed Feb 19, 2014 7:43 pm 
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Neometric wrote:
Revive the health department? Roflmao. What has THAT to do with anything in this thread?
Lol. Well, I think mcMayor needs to attend more White Sox games if he wants to ensure funds for his department.


Here's what it has to do with this thread:

IC 16-20-1-23
Inspection of private property by local health officer; consent by
owner; exceptions; court order; property in which officer has
interest
Sec. 23. (a) Upon:
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of
the owner or occupant of the premises;
a local health officer or the officer's designee may enter any premises
at any reasonable time and inspect, investigate, evaluate, conduct
tests, or take specimens or samples for testing that may be reasonably
necessary to determine compliance with public health laws and rules
and for the prevention and suppression of disease.
(b) A local health officer or the officer's designee shall obtain the
consent of the owner or the occupant of the premises under
subsection (a), except as provided in any of the following
circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior
court in the jurisdiction where the premises is located to
authorize the inspection, investigation, evaluation, testing, or
taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious
threat to the health of an individual or the public and the local
health officer or the officer's designee believes that a delay
could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to a
public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by
the local health department at any reasonable time if reasonably
necessary to determine compliance with public health laws and
rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or
the officer's designee, by oath or affirmation, provided reliable
information establishing the violation of a public health law or rule
at the premises.
(d) However, a local health officer, or the officer's designee, shall
not inspect property in which the local health officer has any interest,
whether real, equitable, or otherwise. Any such inspection or any
attempt to make such inspection is grounds for removal as provided
for in this article.
(e) This section does not prevent inspection of premises in which
a local health officer has an interest if the premises cannot otherwise
be inspected. If the premises cannot otherwise be inspected, the
county health officer shall inspect the premises personally.
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.

This statute coupled with the ordinance Hammond once had for the health department gave the health department unhindered access to virtually any structure within the city. Now, the city must rely on the severely reduced powers of code enforcement or the county health department.

I contend that the City of Hammond will be better off with its own health department - wherein local control can be had to regulate housing, vaccinations, tattoo parlors, restaurant and retail food service establishments and other public health areas. Additionally there are numerous monies to be generated by Hammond having its own health department. But no...McDermott in his infinite wisdom insisted on eliminating this very essential resource for Hammond residents.

Since I will never convince neometric and others on this board who are ardent McDermott supporters because, they refuse to acknowledge their mistake(s), I give you this: of the five council members who voted against the health department only one remains on the council, Mark Kalwinski. Dan Repay walked away - rightfully so. Al Salinas is where he belongs - in prison. Joanne Matonovich died from a heart attack and Kathleen Pucalik died from a brain aneurism. You do the math. I hope Hammond voters are smart enough to vote out Kalwinski and McDermott in 2016.

_________________
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety". Ben Franklin.

"Rebellion to Tyrants is Obedience to God". Thomas Jefferson.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Thu Feb 20, 2014 6:50 am 
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formerly hammond wrote:
Neometric wrote:
Revive the health department? Roflmao. What has THAT to do with anything in this thread?
Lol. Well, I think mcMayor needs to attend more White Sox games if he wants to ensure funds for his department.


Here's what it has to do with this thread:

IC 16-20-1-23
Inspection of private property by local health officer; consent by
owner; exceptions; court order; property in which officer has
interest
Sec. 23. (a) Upon:
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of
the owner or occupant of the premises;
a local health officer or the officer's designee may enter any premises
at any reasonable time and inspect, investigate, evaluate, conduct
tests, or take specimens or samples for testing that may be reasonably
necessary to determine compliance with public health laws and rules
and for the prevention and suppression of disease.
(b) A local health officer or the officer's designee shall obtain the
consent of the owner or the occupant of the premises under
subsection (a), except as provided in any of the following
circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior
court in the jurisdiction where the premises is located to
authorize the inspection, investigation, evaluation, testing, or
taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious
threat to the health of an individual or the public and the local
health officer or the officer's designee believes that a delay
could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to a
public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by
the local health department at any reasonable time if reasonably
necessary to determine compliance with public health laws and
rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or
the officer's designee, by oath or affirmation, provided reliable
information establishing the violation of a public health law or rule
at the premises.
(d) However, a local health officer, or the officer's designee, shall
not inspect property in which the local health officer has any interest,
whether real, equitable, or otherwise. Any such inspection or any
attempt to make such inspection is grounds for removal as provided
for in this article.
(e) This section does not prevent inspection of premises in which
a local health officer has an interest if the premises cannot otherwise
be inspected. If the premises cannot otherwise be inspected, the
county health officer shall inspect the premises personally.
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.

This statute coupled with the ordinance Hammond once had for the health department gave the health department unhindered access to virtually any structure within the city. Now, the city must rely on the severely reduced powers of code enforcement or the county health department.

I contend that the City of Hammond will be better off with its own health department - wherein local control can be had to regulate housing, vaccinations, tattoo parlors, restaurant and retail food service establishments and other public health areas. Additionally there are numerous monies to be generated by Hammond having its own health department. But no...McDermott in his infinite wisdom insisted on eliminating this very essential resource for Hammond residents.

Since I will never convince neometric and others on this board who are ardent McDermott supporters because, they refuse to acknowledge their mistake(s), I give you this: of the five council members who voted against the health department only one remains on the council, Mark Kalwinski. Dan Repay walked away - rightfully so. Al Salinas is where he belongs - in prison. Joanne Matonovich died from a heart attack and Kathleen Pucalik died from a brain aneurism. You do the math. I hope Hammond voters are smart enough to vote out Kalwinski and McDermott in 2016.
It's your lie, tell it any way you want to. The Inspections Departments has more power and impact on the city than the health department ever did.
2013 Inspections Department-City of Hammond, IN Totals:

170 Illegal Apartments affirmed for removal
33 Illegal basement/attic bedrooms affirmed for removal
103 Home Demolitions

Vacant lots aren't a health hazard

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In the end, everything will be OK. If it's not OK, it's not the end.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Thu Feb 20, 2014 4:48 pm 
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Sparks, you appear to be the "legal expert" here AND citing stats in your post, you are obviously a city employee, I'm guessing a supervisor of some kind.

Given your statement, every health department in Indiana is apparently operating under a "lie".

Kindly explain how the state legislature crafted IC 16-20 as a "lie". The world waits in eager anticipation for your most humble answer.

Before responding, consult with your other legal expert, the mayor. Oh wait, maybe you are the mayor. I need a good laugh.

_________________
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety". Ben Franklin.

"Rebellion to Tyrants is Obedience to God". Thomas Jefferson.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Sat Feb 22, 2014 6:37 am 
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formerly hammond wrote:
Sparks, you appear to be the "legal expert" here AND citing stats in your post, you are obviously a city employee, I'm guessing a supervisor of some kind.

Given your statement, every health department in Indiana is apparently operating under a "lie".

Kindly explain how the state legislature crafted IC 16-20 as a "lie". The world waits in eager anticipation for your most humble answer.

Before responding, consult with your other legal expert, the mayor. Oh wait, maybe you are the mayor. I need a good laugh.

The numbers I posted came from the Hammond Inspection department's Facebook page. Closing Hammond's health department was a good move financially. The Lake county health department provides the same services. Hammond's health department was an expensive luxury which provided little benefit to the city in spite of the millions that were spent on it over the years. Plus, it's a done deal. Hammond will never re-establish a health department and you aren't getting your job back. Time to move on.

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In the end, everything will be OK. If it's not OK, it's not the end.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Sat Feb 22, 2014 11:48 am 
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Sparks: As I said, I needed a good laugh and you always come through. Congratulations!

How is IC 16-20 a lie? You still have not answered that question. The world anxiously awaits a response to how IC 16-20 is a lie - your words - not mine.

I've read inspection reports by the so called Lake County Health Department. One inspector actually wrote as a "critical" violation, missing wall tile in a bathroom. How in the world is missing wall tile a critical violation? Let alone missing wall tile in a bathroom? And the inspector did not include the food code section for which the violation was based on.

I'm told it is policy - not just practice - but policy - that inspectors MUST NOT include the food code section numbers in the inspection reports. I now understand why. There is no accountability and it's obvious the inspectors do not understand the food code - not that they haven't read the code - they don't understand the food code.

And here's food for thought - besides the Lake County Health Department board members and the health officer as college graduates, there are, as was conveyed to me, only three other college graduates in that department, the administrator, Nick Doffin, and two other inspectors. The remaining staff are high school graduates at best. Now I may be off in the number of college grads in that department, but the number is not too far off from reality.

Yeah, I want my restaurant inspected by a Lake County Health Department inspector!

_________________
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety". Ben Franklin.

"Rebellion to Tyrants is Obedience to God". Thomas Jefferson.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Sat Feb 22, 2014 10:11 pm 
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Hammond tried using the health dept. like that before, and it cost them millions in the River Park lawsuit. Health dept. can not do building or code inspections, and if the new state law passes, the city won't be able to either, as long as the landlord has a "qualified" inspector do a report. It seems a few of the landlords that post on these boards already seem to think they are "qualified".


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Sun Feb 23, 2014 6:12 am 
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board monkey wrote:
Hammond tried using the health dept. like that before, and it cost them millions in the River Park lawsuit. Health dept. can not do building or code inspections, and if the new state law passes, the city won't be able to either, as long as the landlord has a "qualified" inspector do a report. It seems a few of the landlords that post on these boards already seem to think they are "qualified".



The actions of the Health Department during the River Park fiasco, were outside the law, influenced at the request of the then Mayor. Had they performed with in the defines of their statute, the $22million settlement would have never occurred.

The current administration as well as has illegally used Code Enforcement as a political tool. Problem is River Park owners had the economic girth behind them to deal with the illegal actions.

Tom and Hammond have lost several recent suits, more might be coming.

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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 Post subject: Re: Tom blames new legislation for future rental deaths?
PostPosted: Sun Feb 23, 2014 6:29 am 
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justcallmetommy wrote:
board monkey wrote:
Hammond tried using the health dept. like that before, and it cost them millions in the River Park lawsuit. Health dept. can not do building or code inspections, and if the new state law passes, the city won't be able to either, as long as the landlord has a "qualified" inspector do a report. It seems a few of the landlords that post on these boards already seem to think they are "qualified".



The actions of the Health Department during the River Park fiasco, were outside the law, influenced at the request of the then Mayor. Had they performed with in the defines of their statute, the $22million settlement would have never occurred.

The current administration as well as has illegally used Code Enforcement as a political tool. Problem is River Park owners had the economic girth behind them to deal with the illegal actions.

Tom and Hammond have lost several recent suits, more might be coming.

Chuck, you are really a special kind of stupid, aren't you? The crime and drug dealing that occurred at that poorly managed complex impacted both Hammond and Highland. I think Mayor Dedelow was acting in the best interests of the home owners when he shuttered that cesspool. The lessons learned from that case have had a positive impact on the city. Hammond does a great job in going after owners of nuisance properties who rent to criminals.

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In the end, everything will be OK. If it's not OK, it's not the end.


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