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Landlords question new waste law |
Property owners eye tenant responsibility
Some landlords have questions for the Del Norte Solid Waste Authority, and they get their chance to ask them today. A public outreach program concerning three recent ordinances making property owners responsible for solid waste produced on their property continues at an authority meeting this afternoon. The authority’s attempt to fight illegal dumping and blight has led to a spate of recent questions from landlords involving property owner responsibility versus tenant responsibility. That prompted authority staff to recommend that property owners should be encouraged to bring their concerns to the boards. “Especially if those comments relate to enforcing tenant responsibilities,” said authority Director Kevin Hendrick. “We want the board to hear these comments and then to provide direction to staff and legal counsel to come back with some modifications to the ordinance that would clarify the responsibility of tenants.” The questions were in response to a 2008 letter the authority mailed to local landlords detailing how the ordinances made property owners responsible for solid waste produced on their land. “We sent the letter out because we wanted people to be aware of their responsibility,” Hendrick said.
The three ordinances are the Solid Waste Policy Ordinance, which
defines the responsibility of property owners, and two companion
ordinances, the Nuisance Abatement and Administrative Citation
Ordinance, which defines improper solid waste disposal and allows for
enforcement against non-compliant property owners.
The Solid Waste Policy Ordinance not only establishes the responsibility of property owners, it also designates proper dumping sites. Due to the large amount of responses and questions resulting from the original letter, the authority invited landlords with the most specific concerns to last week’s Solid Waste Task Force meeting. The task force is an advisory group appointed by the county Board of Supervisors that reviews all disposal plans for the county. “It was a good, productive meeting, exactly the kind of discussion that was needed,” Hendrick said. “I think it helps to have that perspective, the landlords’ perspective.” The goal is to reduce blight and illegal dumping, which Hendrick believes requires participation from all sides. “Landlords are concerned that they may not have the tools to ensure their tenants follow the rules,” Hendrick said. “But we may be able to find a way to adapt the ordinance so that it ensures tenant responsibility too.” Hendrick cautions that this would not take responsibility from the landlords. “Property owners are going to be ultimately responsible,” Hendrick said. “But we may be able to provide some help. For example, we could get our attorney to draft a model lease addendum that would clarify tenant responsibilities.” The Solid Waste Authority Board meets Wednesday at 3:15 p.m. at the Board of Supervisors Chambers in the Flynn Center, 981 H Street, and the meeting is open to the public.
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