SHAMOKIN - A proposed ordinance was introduced Wednesday night that, if adopted, will ban landlords from renting properties to those convicted of felony drug charges.
During a 90-minute work session, solicitor Frank Konopka presented city council with a revised landlord/tenant ordinance that he and code enforcement officer Rick Bozza have worked on for the past six months.
The proposal is based on ordinances enacted in Sunbury and Berwick and one that is scheduled to be voted on later this month by Mount Carmel Borough Council.
Anyone convicted of a felony of manufacture, distribution or possession with intent to deliver a controlled substance would be restricted from renting a residence in Shamokin. The ban would be lifted seven years after the appeals process ends, and if there are no additional convictions for
the drug offenses. A landlord's occupancy permit could be revoked if the ordinance was knowingly violated.
The proposed ordinance applies only to a felony conviction of the state's controlled substance act, not simply an arrest or a conviction on a misdemeanor offense. It also does not seek to bar the sale of residential property.
Another important change in the ordinance requires owners of rental properties to give proper notice to Bozza prior to any new tenants moving in. An inspection of the rental property must be done by the code enforcement officer or his designee before any new tenant occupies it. An inspection fee of $50 must be paid before the rental property is occupied.
The code enforcement officer can revoke any and all housing permits if landlords violate the ordinance. If convicted of violating the ordinance, property owners will be assessed a fine not less than $100 and no more than $1,000 plus the costs of prosecution.
A property owner can appeal to city council the revocation or a non-renewal of a rental permit within 30 days.
The ordinance is scheduled to be further discussed and possibly voted on at Monday night's regular council meeting.
Federal statute prohibits landlords and real estate agents from discriminating against potential tenants based on several factors, including race, religion and disability. A drug addiction is considered a disability under the act. But the statute does not offer discrimination protection to, among others, persons convicted of illegal manufacture or distribution of a controlled substance.
Prior to being adopted, Mayor William Milbrand said the ordinance will be closely reviewed to make sure there are no loopholes and that it will hold up to legal challenges.
Public budget meeting
In other business, Milbrand tentatively set Wednesday, Nov. 12, as the date for a special meeting to discuss the city's 2015 budget with the public in the auditorium at the Northumberland County Career and Arts Center, 2 E. Arch St. The meeting will be held at 7 p.m.
The budget will be the city's first under the state's Act 47 financial recovery program.
The mayor previously estimated the budget at approximately $2.8 million, and taxes are expected to be raised due to the city's troubled fiscal status.
"We will right the ship somehow or other," Milbrand said earlier this week.
The first reading of the tentative budget is scheduled to occur Monday. Councilman Dave Kinder said the spending plan will then be advertised and put on display for 20 days.
Club Echo to return
Councilwoman Barbara Moyer said repairs have been made to the former Club Echo in the basement of the American Legion building owned by the city. She said plans are for the youth club to reopen next year under a new name.
Council members said the club was closed in January due to miscommunication between the city and its operator, Eric Brightbill, who rents the property.
Shamokin Battalion Fire Chief Bruce Rogers agreed to assist Bozza in developing an evacuation plan for the club.
Concerns at Liberty
Rogers, who was advised to attend the meeting by Councilman Charlie Verano, later expressed concerns about Liberty Fire Company on East Sunbury Street. Rogers, an active member and former officer with Liberty, said he heard rumors that the station was no longer going to receive its $3,180 annual allocation from the city next year because the company now houses its two fire apparatus in Rescue Fire Company.
"The Liberty is not closing," Rogers said. "We have limited funds and any loss of income from the city will hurt."
Milbrand, who said it costs more than $4,000 for insurance on the building plus heating costs, invited Rogers and other members of Liberty to meet with him soon to discuss the city's plans for the station.
City clerk Robert Slaby said, "We must make sure the city's best interest is taken care of in this matter."
Bozza said Catelyn Dickman, a donation asset manager for Wells Fargo, sent an email last month informing the city it was interested in donating a property at 819 E. Sunbury St. that it recently obtained.
The code enforcement officer, who noted the property is in good condition, said accepting donated properties would set a dangerous precedent and strongly advised against it.
Council members agreed.
Wells Fargo's REO donation program is designed to facilitate the transfer of Wells Fargo owned or serviced properties to cities and public nonprofit entities that provide sustainable homeownership or rental opportunities to low to moderate income families. In an effort to stabilize neighborhoods and prevent blight, Wells Fargo expects all donated properties to be secured and maintained until they can be rehabilitated and occupied.
Anyone seeking more information about the donation program can contact Dickman at 515-324-4224.
Council agreed with a recommendation by Milbrand to rescind a previous ordinance that made Franklin Street between Shakespeare and Spurzheim streets two ways to accommodate parking for police across from their station in the 500 block of North Franklin Street.
Council agreed to revert the street to one-way south since it would cost SEDA-COG approximately $30,000 to change its plan to upgrade a railroad crossing and install a control device in that area of Franklin Street.
Slaby reported the city's estimated liquid fuels allocation for 2015 is $166,826.14, which is slightly higher than this year's funding. The money is expected to arrive in March.