[StBernard] New Ordinance

[Westley Annis]

One of my "advice" paragraphs to the next community devestated like us was
not to pass ordinances that were not on firm legal grounds or unenforceable.
Our council passed an ordinace that appears to require a property owner who
never before rented out their single family residence to apply for
permission from the parish to do so.

Immediately, a Sidney Torres said he'd follow up in objection.  

If the intention of the council was to deter a massive number of rental
properties in fear that they would not be cared for as well as
owner-occupied property, I suggest that they look to the enforcement of
existing, legal, zoning ordinances as a method of ensuring quality of life
issues.

For example, the parish has a definition of a single family residence
already:


"22-3-25.Family:  Family: One (1) or two (2) individuals or parents, with

their direct lineal descendants and adopted or legally cared for

children (and including the domestic employees thereof) together with

not more than two (2) individuals not so related, living together in the

whole or part of a dwelling comprising a single housekeeping unit. Every

additional group of four (4) or fewer individuals living in such

housekeeping unit shall be considered a separate family for the purpose

of this chapter."







So already by definition one single family is one or two parents plus

 their biological or legally cared-for children and up to another two
unrelated people.



 So Mom and Dad and their eight children plus two friends is a  SINGLE

family and the courts  might consider that whether they rent, lease to
purchase, or

own is not subject to parish approval. Proper maintenance of the house is
enforceable

with current codes and ordinances, provided the parish staffs enforcement
personnel

to do so and then follows up with citations, fines, etc. 



 However, three people, not married, each having a few kids of their own,
plus

some relatives and friends of theirs is NOT a single family. If reported to
the parish,

we have existing ordinances that could force the additional people to move
out.



One of the main sources of housing problems in New Orleans was and is that
more people than

legally allowable are living under one roof.  Kenner has this problem now
with rental of 

single family homes to house groups of out -of-town contract laborers 

who pool their money, park all their cars in the neighborhood, and certainly


violate the definition of single family residential. This is unsafe and
causes quality of

life issues because the space is not adequate and they need to be in
multi-family residential, which

also has rules about how many people per unit.



Also, just how would the council determine which properties were rentals
before Katrina and 

which are being rented now that were previously owner-occupied? It appears,
while well-intended,

once again an ordinace has been passed that may be legally contested as
housing discrimination 

and is only as good as it is enforced, if proved to be legal at all.  It may
make us all feel

good to know that new ordinaces are being passed to protect our parish's
quality of life, but 

it will only infuriate us all if the parish spends a lot of money on an
undefenable lawsuit knowing it

has no means nor funds to enforce it anyway.  I hope it is not contested; I
hope it can be enforced;

I hope their is a staff provided to enforce; but if you are offended, then
pardon my doubts.



The Planning Commission discussed this issue at our monthly meeting and we
are waiting to see how this

turns out as we were not asked for input or suggestions prior to council
action and only know what

we have read in the media.



Deborah Keller

Planning Commissioner, At Large East