Salt Lake Tribune | 1999-01-22 | Page 24

cé The Salt Lake Tribune UTAH Friday, January 22, 1999 LandlordSuesWest Valley City Over Unlicensed Car Law stered its apartment fee with_a study. ra Jensen says the apartment 3+ censing fees are unfair, adding Says rights violated when he wascited for cars that were tenants’ BYREBECCA WALSH ‘THE SALT LAKE TRIBUNE More thana year ago, West Valley City leaders proudly unveiled an Administrative Code Enforce- cost him $25. Eventually, McCauley moved the vehicle, but was health ordinance. the job took. And whenthelandlord asked for a hearing, he was told the 10-day request period had lapsed. attached notesoftheviolations on All of McCauley’s ACE citations have beenresolved. But thecity charged $100 for the four days McCauley’s deeds. City Attorney Paul Morris says he had not seen McCauley’s law- suit and could not comment. In similar challenges of city fees or Jensen says the changing rules of the ACE program violate residents’ rights to due process, and taxes, Morris says thecity’s insur- thattime andnoticelimits conflict and tacked on penalties. So, McCauley owesthecity $3,600 for those years. McCauley refused to pay. In 1994, West Valley City started charging extra fees to apartment owners because they claimedrentals increased police andfire costs. After a 1996 state law requiring cities to make the a total of $790 — to license his ance company has hired outside apartments. But the city also chargedthe landlordfor the three years he hadn’t paid those fees counsel. with other city codes, including a lengesthe city’s so-called “‘disproportionate services fee” charged to apartment owners. As a result of the inoperablevehicle citations, West Valley City learned McCauley had not paid his apartment-owner business license fees. Last year, he paid a basefee of $310 plus $60 a unit — McCauley’s lawsuit also chal- regulatory fees equal to the cost of services, West Valley City bol- that landlords simply pass on the extra chargeto tenants. West Valley City sued McCaltley in small-claims court to retrieve the back-licensing fees. But Jensen asked the judge to combine the apartment-fee case with the ACE complaint. That motign is pending. ; McCauley wants the ACE program and the apartment-licensing fee overturned and the fees he paid refunded. tie ment (ACE) program intended to spruce up the city by targeting residents whocollect junk and unlicensed cars. Now, that program is the basis of a class-action lawsuit. West Valley City resident and landlord Michael McCauley says the city’s ACE program violated his rights to due process, is unrea- sonable and unconstitutional. Last week, attorney Michael Jensen filed a complaint in 3rd District Court on behalf of McCauley andanyone elsein a similar position City enforcement officers first cited McCauley last February for a car with an expired registration sticker parked at one of his duplexes. The citation said McCauley had 10 days to movethe car. McCauley found the owner and helped tow the car to the owner’s 30” or 32” LAUAN PRE-HUNG DOOR 1 3/8 thick interior. 4-9/16 home in Taylorsville. When a West Valley City officer returned FJ Jambs. Left or right hand. 49% to inspect the duplex lot, the car — without updated registration stickers — was parked next door and another car with expired plates was at the duplex. The officer said McCauley still was responsible for the original car and the other unlicensed vehicle and 30” or 32” COLONIST } 6-PANEL PRE-HUNG DOOR |) 13/8thickinterior. 4 9/16 FJ jambs. would not grant a notice of compliance. Left or right hand. ‘They place responsibility on the landlord automatically with- out any investigation of who's at fault,”” Jensen says. QUALITY PITTSBURGH PAINT McCauleyrequested a hearing lhe hearing officer dismissed the case and, when West Valley City ippealed, a 3rd District judge up- “HOME-GUARD” INTERIOR LATEX TYLO BED/BATH held the hearing officer's deci- One coat coverage. 1000’s of colors. PRIVACY LOCKSET sion. Then, in April or May, West FLATerence We? cot Polished brass. 300CTP3 Valley City cited McCauley again fora car with expired registration stickers on his duplex property. But because of the original citation, the officer said McCauley ow @* did not have 10 days to move the feececeotaosis tay Even) aay Weiaged vend “DISTINCTION” INTERIOR LATEX Maximum performance. True on coat. Motorist Beaten : | FLATeeeenenerereeneennee CH Gai In Apparent Case SEMI-GLOSS....... 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Investigators do vol know why the occupants of a vive minivan becameangry with the 1 Sin STS way home from work, was severeeaten Thursd afternoon by three to four mi on a South salt Lake street during an appar: ent case of road rage It was unclear if a knife was ®.. ae FE 0 ge d. g% d. a Rey, ye LEN-DAL |PHILADELPHIA| EVANS BLACK(| PEBBLESTONE| LUXURIOUS |MUSTANG CUT] TEXTURED SAXONY & LOOP victim's driving, but they be LEVEL LOOP 18 ox. face weight. : following him F We don't know if [the driver] wanted to be in the samelane or what the problem was,” Babka id, “but something made him nad “Cashiers” Great = “TOILET-TO-GO” COMBO SET >All the parte you need to install Ppededhs one box! T‘ank, seat and cover, y 115.9 oz face woight} Scotchguard treated. colors.| hole 28oz. house tace weight bowl, gasket, wax ring & fasteners 3-755 .3759891 ELECTRICAL DEVICES ulgate the Chevrolet and the o¢ GROUNDED RECEPTACLE the minivan’s driver began to cupants began yelling at the Chev. et’s driver and flipping him BATHWARE ‘ ||) | | | + LASCO | 2 PIECE “REMODEL” SHOWER STALL . % “A must” for existing doorways. 32"x32” | White, fiberglass construction. a i " White or ivory #5320 vf The driver then steppedonthe is to get ahead and stopped in front of thevictim's vehicle, fore: ‘ ng him to stop intheroad, Babka { Seconds later, witnesses said 1) uc the suspects jumpedout of their WJ ehicle and ran to the Chevrolet 4 ee 24” OAK COVER PLATES n VANITY Switch or outlet. Matching crews inchised. bptmattlm 18° ae oe 25” X 19”| 31” X 19” 37” X 19” | | #082418 lhe minivan’s driver apparently stayed in the vehicle After they kicked in the win dows, the suspects pulledthevic tim out of his car and began beat ing him or HURRY! PRICES GOOD THRU JANUARY 27TH 1999 After the incident, the men described as being in their late ‘ tvens to early 20s — jumpedback in the minivan andthedriver sped northbound on 300 West. Howey er, a few minuteslater, they drove back to the victim and allegedly started yelling racial slurs at him. free anywhere in Utah The victim] appearsto bein Babka said ike he got caug It looks something cullewnrandpremediisies Police were searching Thurs day night for a 1991 blue Ford Windstar. Anyone with informa tion should call the South Salt Lake police at 483-6055. SHOP: M-F 7:30AM - 8PM SAT 7:30AM - 8PM SUN 9AM - 6PM Sen ern WEST VALLEY WEST JORDAN 9245 W. 7800 8. nocent in this thing, just trying to get home,” SALT LAKE CITY 1780 W. 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