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Big Brother isn't so Big

by CM Albrecht, published on May 26, 2010 at 7:31 AM

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 In an earlier tirade against the city council’s high-handed move against both landlords and tenants, I complained about its abuse of authority in trying to force landlords and tenants alike to allow code enforcement officers to snoop around inside residences with the excuse of making certain these dwellings are safe secure places for renters to live.

 

Evidently, after running down that rare lawyer who isn’t out chasing after mesothelioma patients, the city council learned the astonishing fact that it can’t simply walk into a person’s home without either a search warrant or permission from the resident.  Now the city council has belatedly given residents the opportunity to place a signed notice outside on the door (not inside the window, mind you) telling the inspector whether or not they will open their door. Of course, there is the very real possibility that the notice will fall off or be removed by someone before the code enforcement inspector arrives on the scene, or that rain will ruin it, thus creating more opportunities for the city to fine the homeowner, but hey…

 

This later unforeseen development comes straight from a code enforcement officer.  He admits this came up later and unexpectedly. I can’t reveal his name of course, and he is now in our witness protection program. I usually write fiction, but this is not fiction. 

 

The inspector must take the note away with him (thus explaining why it can’t simply be posted in the window), or the owner will be fined. Let’s hope he doesn’t loose the darned thing before he gets back to the office.

 

Despite the fact that the city council can’t quite manhandle us in the way it would like, it still manages to slip in a lot more little gotchas than any normal citizen would ever want.

 

Next time around, I’m casting my votes for anybody who has never before been on the city council. Anybody.

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May 26, 2010 | 7:34 AM
Speaking of gotchas, why did you transfer all your properties into your wife's name?
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edited on  May 26, 2010 | 10:29 AM
I told you before, I don't have any properties. My wife doesn't have any properties. I don't know where you got the quaint idea that I transferred anything. I'm not writing this stuff for myself; it's to protect the rights of people like you who don't see the big picture.
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May 27, 2010 | 1:19 PM
Mr. Burg, my wife and I, after having a few good laughs over all this, have decided to make you a deal. You get us a listing of all our properties and we'll pick the one we like best to live in, and we'll deed all the others over to you, no questions asked and no strings attached. Then you can be a slumlord too. As to historian, I'm not so sure.
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May 26, 2010 | 10:14 AM
God forbid that the city actually attempt to do anything about slumlords.
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May 26, 2010 | 10:32 AM
There are slumlords, true. But why punish and fine all the city's landlords to get at the few. Every citizen should know by now that if he/she can't come to terms with a landlord, code enforcement is there to make things right. Besides, slumlords or not, many tenants live in substandard dwellings because that's all they can afford. Fix the place up, and they'll have to move to a cardboard shanty down by the railroad tracks. Think about it.
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May 27, 2010 | 10:30 AM
You can't actually be saying that a landlord should actually be allowed to rent out a "substandard" property? So, unsafe wiring, leaking pipes, and perhaps even mildew are okay, as long as the tenants are poor? Sorry, but much like the leaking pipes, your logic doesn't hold water from my perspective.

I, too, have been a landlord. I would never allow a rental property to be kept in a condition less than I would live in myself. However, not every landlord has a conscience. If I had rental properties now, I would certainly pony up the city's modest fee to comply with code. I see nothing "totalitarian" about it. And I find your comparison of the city's behavior to a totalitarian government quite overblown.
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May 31, 2010 | 4:28 AM
"...code enforcement is there to make things right." So, if by your own saying, Code Enforcement is there to make things right then why the problem with the City? Code Enforcement IS the City. Your article goes on bashing Code Enforcement over and over again about how they "allow code enforcement officers to snoop around inside residences with the excuse of making certain these dwellings are safe secure places for renters to live." and you have a problem with their note policy for giving permission but what would you have them do? You really appear to hate them yet then turn around and say that they're there to make things right. I really don't get your logic. If a landlord or tenant has a problem, you say that Code Enforcement can be called on to make it right but how are they going to make it right if they can't get in? You can't expect a resident to call for help and then not allow them access. They have to have permission yet you don't like the door note policy and make implications that the City will somehow make their own notes to pass off as the tenants and then enter at their own will. Yet, then in another article you wrote, you say that they changed the policy to require a phone number, which would curb any implications they are making up notes to gain entry, but yet in that article you griped that not all residents have a phone and it was just another way to infringe on our rights. There are only so many ways to contact a person. What else would you have them do? If they required you to show up in person, show ID, proof of rentership at the location and then sign an entry form you'd complain that was too much trouble and too many hoops to go thru or that not everyone has a car to make it to the offices. It seems like in your eyes, no matter what they do is never going to be good enough. It's very apparent you have a serious grudge against code enforcement. If your real concern was to uphold constitutional rights or civil liberties you'd be writing articles with much more substance and which expanded over a wide range of constitutional and civil injustices, but you're not. Nearly every article you write is always about City code enforcement and it's poor at that. You have no substantial evidence to back your accusations, no mentions of what particular meetings and/or hearings you've been to, no names of participants that you can provide direct qoutes for. It's all just a rant about how you feel. This is a Press, not a blog.
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edited on  May 26, 2010 | 11:50 PM
I'm all for civil rights. I'm all for protecting civil and constitutional rights. Heck, I've seen how our judicial system has gone astray. But I have to be honest, I don't see the problem. I don't see it as malicious or violating rights....

I had the inspection done and the men that came into my home did not do anything wrong. He just checked for code violations. I'm glad he did. Heck, the wiring was off. We could of had an electrical fire and died. My landlord had to replace the switch, change the outlets..... It was worth it. I had lived here all this time and had no idea. My landlord had no idea and the man likes me lol. He wouldn't want the death of me, my son, daughter or granddaughter on his hands or conscious. Heck, If the city hadn't imposed it my wiring would still be bad. I have to support it.

But thank you for your article and thank you for speaking up for what you believe is wrong. I wish you the best.
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May 26, 2010 | 9:48 PM
Mr. Albrecht: Finding out information about deeds is not difficult--it can be done online. All you have to do is visit this website:

http://www.erosi.saccounty.net/

and enter a name...such as yours. Under that name, there are 36 different records of deed transfer during the 2000-2010 decade, 19 during the 1990s. Online, these transactions show the book and page number where this information is recorded in county records, as well as party type (grantor or grantee) and a cross-reference number. By visiting the county clerk-recorder's office, one could even look up the specific deed, but personally I don't have the time for that level of research.

It appears that some of your properties were transferred to your wife, some to other individuals, some to banks or financial institutions (including Lehman Brothers) or trusts (in your name.) It's obvious to anyone who checks public record that you have been quite involved in the conveyance and reconveyance of real estate. That, plus your ongoing series of articles comparing Sacramento to a totalitarian police state (for the crime against humanity of having a program to ensure that slumlords maintain their properties in some semblance of decency at least once every two decades) strains the credibility of your claim that you are not a landlord well past the breaking point.
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May 27, 2010 | 8:37 AM
I'm sorry, but you're way way off somewhere there. The only rental property I ever had was a small condo back in 1990 which went bye-bye because the tenants never paid the rent. That soured me on the rental business once and for all. Since then we've never owned more than one house (our principal residence) at a time. The last house went to the bank and now I rent a townhouse. I'm not Dan Brown; just a poor (very poor) writer who doesn't have money to invest in rental properties.
Your stubborn and persistent defense of the city council gives me pause...
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May 26, 2010 | 10:00 PM
yeah he probably bought the whole -get rich as a slumlord - scam early on. Don't ya just hate having to follow rules and keep your properties from falling down? Such a hassle.
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May 27, 2010 | 1:22 PM
Aside to Mr. Burg: After my wife and I got through laughing over your comments, we decided to make you an offer you can't refuse: Get us a list of all these properties we own and we'll select one we want for our principal residence and deed all the others to you, no questions asked and no strings attached.
I don't like to be snide, but I hope you aren't one of those historians that rewrite history for their own convenience.
Cheers, Carl
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