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ChungyingH (California)
Posts: 8
Posted:
Hi, All:

I don't know whether anyone has similar experience as I have below, please give me comments.
I add my name to my brother-in-law's house to help lowering down mortgage.
I never live at that house.
Everything seems OK until the house was rented out during 2006. Tenants already moved out on 2009.
The tenants didn't keep house environments, violate city code 17.72.030 Prohibition of Blighted Property, and got tickets fine.
Problem is I'm not aware of this issue until I got bad credit report notice for collection charge on 2009.
Originally I thought just one ticket, as long as I paid off it, then this things should be finished.
So I paid $848.30 on 6/9/2009 to clean this collection charge issue.
But things made me mad is I got another collection charge notice for this same Blighted issue again on Feb, 2010.
I asked and just found out there are several tickets issued from Feb, Mar, ..2006.
The one I paid, original fine is $250, end up I paid $848.30.
Another ticket original fine is $500, now keep growing up more than $910.24.
I asked City official, I didn't get any ticket notice, and I'm not the one who violated this Blighted issue, why should I become victim of this issue.
They just answered everything was done properly.

I don't understand why City official just sent out ticket notice, and don't care whether you received it or not.
They are not the one who needs to pay money, they don't have any sympathy, and they just bullied you and asked you to pay.
I don't know why they cannot send to my tax-filing address or uses certified mail to make sure I received it. Not just sent it out and don't care about it. And why they sent out another collection charge on 2010 after I paid off the 1st one on 2009.
I felt mad, because it's really unfair to me.
I know nothing about it, and I'm not the one who violated this Blighted issue, but now I'm forced to pay this.
What can I do?
Can I accuse City official's negligence not sending notice to my tax-filing address?
Or should I go to find out tenants and accuse them?

Any comments are welcome.

Thanks

[email protected]

JohnB26 (South Carolina)
Posts: 1,569
Posted:
The owner(s) of record are the reponsible parties for any code violations.
If your name is on the deed then you are responsible for the violation(s).
The violations are generally posted to the front door of the property ... if you are an absentee owner ... tough luck.
The collection agency under contract with the city probably just recently located you at your present address.
Your tenants are only responsible to you, NOT the city.

OH, the joy of being a brother-in-law
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I believe John to be right and the responsibility sits with the owner.

The question I have is where is the association involvement? The OP may shortly receive a bill from the Association if they find out where he lives and it looks like that is common knowledge now. Something strange here.

But, oh the joys of being a Landlord, especially in an association.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM
The tenants didn't keep house environments, violate city code 17.72.030 Prohibition of Blighted Property, and got tickets fine.

. . .

But things made me mad is I got another collection charge notice for this same Blighted issue again on Feb, 2010.


That's because simply paying the fine doesn't make the blighted condition go away. You (and any other owner of record) will continue to get fines until the blighted condition is COMPLETELY repaired.

Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM

I asked City official, I didn't get any ticket notice, and I'm not the one who violated this Blighted issue, why should I become victim of this issue.
They just answered everything was done properly.


Everything was done properly, except for the fact that you, the owner of record (or at least one of the owners of record) has not been actively ensuring that your tenants are abiding by the laws and codes of the city. So you are not the "victim," but all the homeowners who have had to live next to this blighted house since 2006 certainly have been victimized -- by you, in fact, for ignoring your responsibility for the property you own.

Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM

They are not the one who needs to pay money, they don't have any sympathy, and they just bullied you and asked you to pay.


They are probably just as tired of having to repeatedly inspect this blighted condition as you are having to hear about it. You should be focusing your anger on your fellow deed holder (who probably HAS been getting the notices) OR the tenants who have pretty much destroyed the neighborhood in which this blighted home exists.

Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM

What can I do?


Pay your fines and FIX the property until it is once again up to code.

Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM

Can I accuse City official's negligence not sending notice to my tax-filing address?

Not likely.

Quote:
Posted By ChungyingH on 06/19/2010 10:05 AM

Or should I go to find out tenants and accuse them?


You should immediately go to this house and REPAIR THE BLIGHTED CONDITION. If that means taking your tenant to court and forcing them to pay for your fines and evicting them, then maybe that's what you have to do.

But don't you think the people who have had to live next to this property should be respected enough for you to make sure the property YOU own is in a condition that doesn't draw fines from the city for BLIGHT?!

How is that fair?
ChungyingH (California)
Posts: 8
Posted:
Hi, All:

Thanks for all your comments.
The Brighted issue was happened at 2006 when the house was rent out.
These ticket fines were issued at that time from Feb, Mar, ..2006. Finally tenants fixed this issue after several tickets fine on 2006.
The problem is I know nothing of these issues until 2009 I got bad credit report.
Think you didn't live at that rented house, how could you know what's happened.
My point is why the ticket fine cannot be sent to owner's tax-filing address to let owner's know since it's owner's responsibility. Then this issue can be quickly resolved. Not just sent out mail to the address that doesn't have any response and let issue keeps hanging here.
Well I'm really in bad luck because as you said: The violations are generally posted to the front door of the property ... if you are an absentee owner ... tough luck.
Don't you think this kind of notice system didn't work?
Shouldn't they change the way to let the person who is responsible to really got noticed to fix problem, not just sent out mail and don't care about it.
This notice system is not efficient, not working well. Why City officials cannot improve this notice system to make things easily resolved?

GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By ChungyingH on 06/20/2010 12:12 AM

This notice system is not efficient, not working well. Why City officials cannot improve this notice system to make things easily resolved?

That is an excellent question for your city council member. It is one of the reasons owners of all rental properties must register them in Ohio and many other places. S/he may even be able to get some of the fines abated.

This is not a criticism but I get the impression English is not your first language, so I would find someone a little more proficient in it to write those letters. Good Luck.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chung,
Nor am I being critical just productive. If you really want to change any laws rules, etc., and just not bitch because you got fined and I strongly suspect you didn't care about what the renters did until you started to hurt, then you become the concerned citizen. I think you have a good grasp of the English and through time you will be able to articulate better. You certainly were able to tell the city officals, what you think and they certainly replied in the proper manner. BUT, if you are serious about your government, be it city, association , state or national government, you can made a change, you just have to have a desire to help the government and the perseverance to get the job done. Don't do it because you think it is right in your opinion, do it because it will help. All in all you sound like a pretty nice fella, you just got caught in your own fallacies and Lord knows we all do that, me first is not always the best route. Still would like to know where the HOA part comes in.
ChungyingH (California)
Posts: 8
Posted:
Well, you’re so smart to recognize English is not my 1st language.
There are so many people live here same as me. We all work, live here and pay tax to government, city officials.
It’s not $100, $200, it’s almost $2000.
You’re not the one who needs to pay this fine, you won’t feel any pain.
Don’t gloat over my misfortune. If someday you found you need to pay for something which you didn’t know, which happened many years ago, and you’re not the one who violated this issue. Are you happy to pay it?
I know I cannot change any law. If this thing is not happened to me, and if it’s fair to me, I won’t post it out.
Original one simple case can be easily resolved if the notice can be really sent to the people’s hand to fix it, end up to make people hurt to pay more. That’s really sucks.

GlenL (Ohio)
Posts: 5,491
Posted:
Chungying more than likely the letters were either mailed to or posted at the address of the violation. I understand your frustration but that is how the system is set up and to change it you need to contact the people who set it up. Bottom line you and your brother-in-law owned the property; you and he are responsible for its care and up-keep, not the tenant even if they caused the fines. Now you may be able to sue the tenant (if you can find them) in small claims court to recoup some of the fine. But I would not hold my breath; even if you get a judgment, you still must collect it. While you are responsible for the fines if you contact the city they may knock off some of the interest and other charges.

P.S. Is your brother-in-law at least paying half of the fines? As joint owner he should.

Studies show that 5 out of 4 people have problems with fractions
MicheleD (Kentucky)
Posts: 4,491
Posted:
Chungying:

I'm still going with the idea that you and your co-owner are the ones at fault.

You are right, I do not live near the rented out house, nor would I care to considering how the OWNERS of the house have IGNORED it for almost 4 years.

I also suspect the "blight" was ongoing way past 2006, or you would not have gotten repeat fines.

Now, one other thing, I don't think it's beneficial at all for the zoning officers to keep separate address databases on homeowners -- talk about adding un-needed expenses to your local taxes!!

Now if your area doesn't have a cross reference with the Property Valuation officer, then you probably should talk to your local elected officials to get that fixed.

But don't confuse my not having any sympathy for you with "gloating." I don't gloat. But I also don't have sympathy for an absent landlord who doesn't pay attention to his own property until he has to pay big money to make sure it's livable.

Sorry -- no sympathy. You should have been on top of that property in 2006 -- four years ago.

It's clear that it takes a few dollars out of your pocket to get your attention.

Seriously. There is NO excuse for a landlord to not know about the condition of his own rental property for that long.

I hope this has changed some of your focus and that you will now know to eyeball your properties at least once or twice a year.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chungying,
It bewilders me that a poster would get on here, ask for advice, and expect the advice to be to his liking. Whether we agree with you or not has no connection to any of us being unfair or "gloating."
I think my friend you have a entirely oversized opinion of yourself. Why would we have the time or interest to care enough to exert the enegry it would take to "gloat" over you., sorry, you just don't count in that way
ChungyingH (California)
Posts: 8
Posted:
Well, thanks for all your comments.
Let me clarify, I’m not the owner of that house, I just add my name to help my brother-in-law to qualify for better mortgage interest. I didn’t own anything on that house.
I post it out to see whether this notice system can be improved or anyone have same experience, because this case could be happened to anyone who rent the house out.
Think if you have a house rent out where is far away from you live now, are you able to watch or know what’s happened for that rented house if tenants didn’t report any issue to you.
It’s not me trying to ignore this Blighted issue for so many years. I didn’t live there, nor did I get any notice, how could I know. I happened to know this is because I just ran a credit report for home equity line on my own house, otherwise, I probably still don’t know I have this fine from that house.
Anyway, everyone has different view, even I’m still not 100% agree with your comments, at least I learnt different views from all of you.

GlenL (Ohio)
Posts: 5,491
Posted:
So you scammed the bank and now have to pay the piper. If you didn't own the property then why isn't the brother-in-law paying the fines?????

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Chungying,

You may not want anything to do with that house, but since your name appears on the deed as one of the owners, then you have legal obligations to that house. The city came after you, as one of the owners of the house. Both you and your brother-in-law are responsible for the house. They may have contacted him first and when he did nothing then they contacted you. Frankly, you and your brother-in-law should have made the renters resp. for the fines if they were resp. for the upkeep of the house. However, if they were not, then it was your (yours & your brother-in-law's) resp. to maintain the house.

But, I don't know what this has to do with an HOA. This is a forum for HOA issues. Your beef is with the city and that's who you must correspond with to get this matter resolved.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Let me clarify, I’m not the owner of that house, I just add my name to help my brother-in-law to qualify for better mortgage interest. I didn’t own anything on that house.


So.... its possible you brother-in-law received the notice and not told you. Once you sign your name to a contract, even if you did it to help them get a lower rate, you are responsible, you are part owner.

If you keep getting fined, your brother in law hasn't fixed the problem. You need to have a chat with him and maybe you need new tenants.

In the future, you should re-think signing your name to real estate which you don't have anything to do with. You are just as responsible as your brother-in-law for this property. You signed it.
ChungyingH (California)
Posts: 8
Posted:
For some people’s reply:
1.This is a Home owner associated website, that’s why I post my experience here to see any similar resonance.
2.Neither my brother-in-law nor me got any city code violation notice. Just as one said: letters were either mailed to or posted at the address of the violation. That’s why I complaint, if the mail can be sent to home owner’s tax-filing address, it will greatly reduce a lot of issue.
3.I know I signed it even I didn’t really own it; I’m still responsible to it. That’s OK. Brother-in-law belongs to family relative, we'll help each other. I just don't get it, why point to home owner’s fault, not tenants. what’s wrong with home owner. Home owner rented out livable house to tenants, tenants screwed up, caused code violation. Home owners didn’t live there, how could home owners know tenants violated city code? Did home owners required to monitor tenants activity? Why tenant’s faults need home owner to be a scapegoat? Aren't you home owners? you never have bad tenants cause any trouble to you?

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chungying,

Listen my friend, the whole word is not wrong and you are the only one that is right.

Your "I just don't get it, why point to home owner’s fault, not tenants. what’s wrong with home owner," pretty much spells it out for you. Everybody gets it but you. Stop beating a dead horse, pay the fines, learn the lesson and move on.
Now you want to insist this is a home owners site. Again everyone else is wrong but you. The answer to this question is "NO".
You are wrong, I expect that is no uncommon for you if you won't listen to common sense. Folks have taken valuable time and tried to help you, you are wrong again, you won't accept this advise.
Tell it to the judge.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
2.Neither my brother-in-law nor me got any city code violation notice.


Work it out with the city. Do rentals need to be registered as rentals in that city? You can write a letter to the division that issued you the ticket and ask them to put your address on file for future fines.

Somethings in life are not fair. And this may be one of them. You let someone borrow your car, they get a parking ticket and rip it up. Who gets fined? You do. Kind of a similar situation.

Quote:
Home owners didn’t live there, how could home owners know tenants violated city code? Did home owners required to monitor tenants activity? Why tenant’s faults need home owner to be a scapegoat? Aren't you home owners? you never have bad tenants cause any trouble to you?


The fact you never received notice, you need to work that out with the city as stated above. Being fined with blighted property is pretty bad. It means, your a really bad landlord who doesn't keep up his property to a "minimum standard". Letting a tenant destroy the property and not doing anything about it is the same thing as you not maintaining a property. What some might call a slumlord. If you continue to ignore your property and just collect rent, you will continue to receive fines. Its pretty simple.

If it is your tenants fault, you can make them pay the bill or move out. But you will still need to fix the property. In a nut shell, if you have bad tenants, evict them. I've evicted many crazy tenants over the years.

I evicted one guy for playing his music too loud after many, many requests to keep it low. It bothered the other tenants, I was the owner, it was my responsibility to fix the problem.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Chungying, you are full of oxen manure.

Either you or YOUR brother-in-law should have been monitoring that house from the moment you rented it out. Or the moment he rented it out.

It's not a bicycle or a $50 pair of shoes. It's a dwelling costing, I'm guessing, 10s of thousands of dollars.

Why the he** did your brother-in-law purchase it, even though he himself could not get the financing without roping a family member into having his name on the title?

He expected a return on his investment.

Steve has it right, a homeowner who purchases property and then blatantly ignores it is a slumlord. And those are the people who should get double or even triple fines when their tenants turn the property into a blighted condition.

You do know what "blight" is, don't you? It means it's practically impossible for humans to live there. Probably not a good idea for animals, either.

Again, tough noogies that you didn't get the notices delivered to you on a silver platter. Your brother-in-law should have been on top of this 4 freaking years ago!!

Now he wants to claim, like you, **begin whine** "But I didn't know. . . . "

Hogwash.

He knew. Or he should have known. And he is point-blank lying to you if he says he never got any notices. He did. You can bet on it.

You got SCAMMED by a family member when you signed on to the house, and you are continuing to get SCAMMED by him now.

I know for a fact that the mailing address for the PVA (property valuation administrator) can be changed if the homeowner does not live on the property.

But if your brother-in-law did THAT, then he'd be getting the notices, wouldn't he?

Then he'd have to take responsibility, both financially and with some sweat in trying to fix the situation.

My final advice to you is this:

Fix your freaking property!! The neighbors are getting screwed every day you allow the home to be rented by trash.
ChungyingH (California)
Posts: 8
Posted:
Michaeld, your insulting words are really bad, disgusting.
Do you need to be so extreme?
We rent out a livable house, got a reasonable rent, we trust tenants, but tenants violated city code, city official issued tickets fine notice to us, unfortunately we(my brother-in-law and me) didn’t get it. Thing is so simple.
What I complaint is this notice system. I post this issue to see any home owner has similar experience. How can you use such bad words to attack us? We’re not slumlord. We’re humans, not what you called oxen manure. Those kind of bad words are really un-acceptable. It’s really not like an educated people’s word.

What “Blight” means, from city citation notice:
Comments: 17.72.570 – Accumulation Appliance on the front driveway.
Is this Blight violation means impossible for humans to live there?

What Hogwash: I said it so clear, neither me nor my brother-in-law got this citation notice. I trust my brother-in-law. There is no reason or benefits to lie. When I got bad credit report on 2009 because of this Blight ticket (Feb, 2006 ticket fine) issue, I paid it quickly. I just don’t know there was another tickets(Mar., 2006) issued, and this collection was sent to me this year 2010 after I paid the 1st ticket fine on 2009. That’s what I complaints. Why the city efficiency is so slow.

I don’t understand why you keep saying: fix your freaking property.
Did you really understand what I post: this citation was happened on 2006.
These ticket fines were issued on Feb, Mar….2006, finally tenants fixed this so called Blight issue(remove the appliance away from driveway) on 2006. It’s already clear on 2006. What do I need to do to fix this so called freaking property now 2010.

I respect everyone’s comments and advice. But extreme, insulting words are really a bad conduct.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
It’s already clear on 2006. What do I need to do to fix this so called freaking property now 2010.


You need to call the city and fine out what is owed. If you keep getting fined, you need to visit the property.
MicheleD (Kentucky)
Posts: 4,491
Posted:
You need to FIX it because you clearly have not even visited this property.

You don't think you even NEED to!! That's what's so vulgar and offensive to everyone else! Including the people who have to live next to that slum property.

The fact of the matter is, you are continually getting fined (even after you allegedly paid the fine) because it keeps failing code inspections! DUH!!

They don't keep fining you after you pay if the problems get fixed. So that tells me one other thing about you (besides your being a slumlord), you're a liar, too.

I don't give a flying rat if you are offended.

You continue to try to justify your position (when there simply is no justification for ignoring the property for four years) and you keep wanting to make this someone else's problem and it's not -- it's yours.

Deal with it.

Stop trying to act like a victim when you are far from it.

You are every Homeowners Association's worst nightmare: an absent landlord who doesn't think he has any responsibility to ensure that the property he owns is in compliance with local association or zoning codes.

That, my friend, is "hogwash."

GlenL (Ohio)
Posts: 5,491
Posted:
Chungying we have told you repeatedly what you need to do, contact the city that issued the fines or go after the tenant that created the problem. While I'm not a lawyer these are the only options I see. At the end of the day, as owner of record, you are responsible for the condition of the property. You don't know what condition the appliances were in or how many there were, they are known as attractive nuisances (see below). You are just fortunate that no one was injured by the appliances or you and your brother-in-law would have been out more than a few fines.

From your posts I gather the rental property is in one city while you two live in another so you don't really know what the conditions were. If you are going to keep renting the property, I would suggest you hire a property manager in that city to make periodic inspections to keep this from happening in the future and to protect your investment.

In the law of torts, the attractive nuisance doctrine states that landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property of the landowner.

Studies show that 5 out of 4 people have problems with fractions
ChungyingH (California)
Posts: 8
Posted:
Hi, Michaeld, my hogwash friend,
I really don’t know what to say, when I saw: “You need to FIX it because you clearly have not even visited this property.”
What kind of illusion do you have in mind?
Can’t you have better mind?
Let me stated it more clearly so you don’t have such bad illusion.

Tenants got Blight citation(appliance on front driveway) on Feb.(1st citation) 2006, Mar(2nd citation), Apr(3rd citation).. 2006.
Tenants cleared it several months later on 2006.
I’m not aware this issue(because we never receive any notice even my brother-in-law had already went to post office to change his mailing address) until 2009 credit report collection charge.
I cleared this fine(1st citation ticket) on June 2009. (original fine was $250, end up to pay $848.30)
Tenants moved out on June 2009.
My brother-in-law had already moved back to that livable house on Aug. 2009 till now. Definitely I also went there to help.
On Mar. 2010, I got 2nd citation collection charge which was issued on 2006.(original fine was $500, now is almost $1000).
On May, 2010 City officials rejected my appeal for this issue.
That’s what I complaint for.
If you were me, are you happy to pay this kind of stacking fine?
Since contacted the city for that issue FAIL, I’ll go after the tenant who created the problem to pay this.

Who is hogwash, my friend.
GlenL (Ohio)
Posts: 5,491
Posted:
There are none so blind as those that refuse to see.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chungying,
You is "Hogwash" ...........my friend.

But to shut you up, I'll tell you what I will do for you and your guilty brother-in-law.

"I confess, I did it, I am the one to blame, it was all my fault, you and whoever have been falsely accused. I accept the total blame, you are as innocent as the newly driven snow. You have never been wrong in your life and the people on this site were birthed to spend their days giving you bad advice, that is their destiny. My reason for living is to accept your blame as my own, that is my destiny........woe is me!"
TerryS (Virginia)
Posts: 22
Posted:
O.K. I admit it. I'm hooked. On the never-ending saga of Chungying! For me this has become priceless entertainment. I now check out HOATalk every day just to see if the thread has continued! But I do have a serious question - for Chungying. As MaryA asked many comments ago, is this really HOA related? Chungying, is this "blighted" house part of a Home (or Property) Owners Association? HOA/POA???? Not that I want the entertainment to stop (as I said, I am hooked) but how is your problem related to "a forum for Community Association Boards & Other Volunteers to discuss topics concerning their association duties." Maybe you missed that part up at the top of the page....
RobertR1 (South Carolina)
Posts: 5,164
Posted:
TerryS,
You would fail the "Everyone is picking on me trivia quiz". When was the first question that asked Chungying where was the association involvement?

Look at third post on this thread, he didn't answer that and he never intended to because he wants to play by his rules.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
I fought the law and the law won, I fought the law and the law won.

Que music.....
ChungyingH (California)
Posts: 8
Posted:
Well, as I said it before, we’re home owners. I thought this is a Home owner related website(I mis-spelled it before use Home owner associated), that’s why I post my experience here to see any similar resonance.
I really missed the part up at the top of the page.

RobvertR1, I didn’t have any rules to play, all I post here is just my true experience.
I don’t know why you still said: “Hogwash” after I post out this simple, true experience.
What kind of logic do you use to judge it “Hogwash”?
Which parts did I post here is not true, please point it out, my friend.

SteveM9’s comments are right: I fought the law and the law won.
Finally, I still need to pay even I don’t think it’s fair.

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