City Inspector is holding me responsible for nuisance created by the landlord

[s10sleeper]

What is the name of your state (only U.S. law)? KS

I went to pay my city bill recently and was handed a letter stating a violation of a city ordinance that I have 10 days to remedy. The violation is in regards to a public nuisance which, although a small part was mine, 90% of it is the landlords. We moved in back in November and there were barrels of garbage outside along with alot of construction material as they were doing an add on to the house, which when we moved in we were informed was getting completed. Needless to say, despite my requests and him saying it will get done, he has always had some excuse.

Back in November I did all I could by gathering the garbage to get it away from the house but being disabled, have been unable to haul it off. I plan to move out ASAP once I have the money to as I am on a month to month. I have no way of removing it all, but have gotten my items organized, as that was my only problem. I was able to get another week from the city inspector, but they said I am responsible for everything on the property since the bill is in my name. There is no way I can afford a fine and especially can't afford legal action against me. They said all I can do is send a letter to my landlord, however, in Kansas I know that you have to send a 14/30 letter for issues like that, and I do not have that much time.

Are they able to hold me responsible for his mess?

 

[Gail in Georgia]

"I was able to get another week from the city inspector, but they said I am responsible for everything on the property since the bill is in my name. There is no way I can afford a fine and especially can't afford legal action against me. They said all I can do is send a letter to my landlord, however, in Kansas I know that you have to send a 14/30 letter for issues like that, and I do not have that much time."

From your own posting, it would appear so.

What has your landlord said when you discussed this latest issue with them?

Gail

 

[FarmerJ]

is this a water bill ? Id say even if you have to beg for help clean up your part of the mess then go back to city hall and insist on speaking to a supervisor in inspections and make it clear, you do not own the property , and you didnt create the mess and if they are going to cite anyone then cite the owner. DONT let this go, and if you dont like the answer you get then go to the mayor and make it clear you dont own this property and if you end up being taken to court or having a service shut off , denied to you , you wont hesitate to go to a tv consumer affairs help desk and assure them you wont look anywhere as bad as they will if they come after you instead of the owner.

 

[s10sleeper]

Funny you say that, as I actually am friends with the mayor. However in this town the city council is made up of 4 people, and I am friends with 2 of the 4 and then the city manager is another. Since this is a small town, the city manager is the inspector, he handles all of that, he does explain the statement in the ordinance though, and I have read it too, stating that whoever occupies the house and has the water bill in their name is responsible. My landlord is near impossible to reach, never answers voicemails, claiming for some reason he never receives them. If the city manager really wants to push it, the house could be condemned due to failure of codes, but so can most other houses in this town. I just didn't know if a city can have an ordinance like this holding the tenant responsible for everything on the property. It would seem like that would mean if I called them due to landlord failure to perform repairs, they would then require that I take care of it myself, other than fighting it through the state, which I will be contacting on that tomorrow probably. I am just worried about causing any problems in a small town.

 

[FarmerJ]

Your city has created a unfair burden on renters because in theory a landlord can claim they didnt make the mess and point finger at tenant when the LL is the culprit & by lease tenant is required to pay the water bill. You dont want to make waves since its a small town Really REALLY , see if it was me I wouldnt give a damn, the ordinance is not fair up to you but id say your next step up the ladder is to complain to your states atty generals office via certified mail and then give them a copy of the letter and remind them Small towns who make choices that are not wise with things like this ordinance are only harming their own potential especially when the public hears of it ( ILL bet if tenant doesnt pay the water bill they dont just forgive n forget , that they still go after the recorded owner via attaching the bill to the property taxes , if they do then argue with them that they have the same option with city ordinance fines and eventual clean ups that they have the right to order ) You certainly are free to remind them even though you know & get along with some of them that they can via changing the ordinance end this unfairness before (call letters of tv station ) consumer affairs airs a story about them.

 

[s10sleeper]

Good point. I have made a huge dent in cleaning things up, though it has required me to be outside from 8 A.M. until midnight the past few days. Still gotta contact Kansas Legal Services for info on it, they would at least be able to let me know for certain. If I find a way before reaching the LL then I will probably haul it to the dump regardless of what it is and then bill him for it.

 

[FarmerJ]

A valid address is the one your landlord gets his property tax bills at. Call your county property tax desk ask for it , it is public information , they cannot hold it from you. You have not said how you pay rent but if its a PO box then that`s another way. Just make it certified so LL has to sign for it. If the LL wont pick it up and sign for it then it comes back to you leave it sealed in orig envelope incase some day you have to offer it to a court. As far as legal services I still suggest speaking to your states atty generals offices to see if they have any guidance they can offer since its a governmental unit that wrote the ord. Also your free to invite one of them on the town council to read this posting LOL because now that its on the net its gonna be here forever. care to post the url to a social media or two , hahahha.