In a split decision, Uhrichsville City council voted to not rescind a 2020 ordinance related to landlord registration fees, with the matter currently in court.
A registry ordinance was adopted in April 2020 requiring landlords to register city rental properties and to pay a yearly $50 fee per unit. Tuesday evening, three council members voted yes, another three said no, and acting council president Matt Fox broke the tie with a no vote, and the currently legislation remains in place.
Law Director Jeff Merklin explains that the plaintiff’s, R and N Ventures, believes that the existing ordinance is in contradiction of a couple US Supreme Court, state, and federal appellate cases.
The plaintiff’s arguments is that money collected from the registration should be used as service to and inspection of just rental properties.
“And I believe what they’re saying is that that has not been the case. You heard the city’s position tonight and we will do the best that we can. I would have not brought forth the proposed rescission of that ordinance had I not been concerned.”
Mayor Jim Zucal says there were two previous law directors who did not find fault with the registry and that this type of fee is not unique to the city, and if the rescinding would have happened, he would have vetoed council.
“The public needs to know that 68% of our homes in Uhrichsville are landlord owned and many of them are not taken care of. There’s a new standard here in the city and we’re going to clean-up the properties. We’re going to use these fees, which funds our code enforcement official.”
A 37 year rental property owner, Kevin Barker, notes that with council’s decision, the case will proceed in Tuscarawas County Common Pleas Court.
“I can’t talk directly about the case, because it’s an ongoing case, and the attorneys for the people that are involved in it they need to do the talking. It’s obvious they voted it down. It’s going to trial. It’s November 14th at 9am.”
According to Barker, the fee, over four years, has collected more than $80,000 and Mayor Zucal says the money pays for a code enforcement officer.
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