patrick.net

Obligatory:

Arson will get you arrested, running a slum on the other hand can get a slum lord arrested due to Civil Code 1942.

FortWayne says

Arson will get you arrested

It's a obligatory response that's not intended to be taken seriously.

zzyzzx says

FortWayne says

Arson will get you arrested

It's a obligatory response that's not intended to be taken seriously.

Understood, thanks.

thunderlips11 says

Preposterous, that will further decrease labor force participation rates if plebes don't have to fear homelessness.

But what to do if the fox is guarding the chicken coop?

A newspaper article just reported that jan goldsmith (city attorney) and todd gloria (council member) were being sued to prevent them from destroying eMails

http://www.utsandiego.com/news/2014/aug/01/tp-sd-oks-outside-lawyer-use/

I have a funny feeling it might have something to do with the problem I inherited (see attachment of an eMail) and a timeline w/links of the issue that put me between a rock and a hard place.

http://www.TinyURL.com/EnronByTheSea

The tip of the "preverbal" iceberg, is software the city uses in the building dept that allows "fraud"

http://voiceofsandiego.org/2012/07/02/citys-development-system-a-major-fraud-risk-says-auditor/

from there on, the problem only seems to get much, much, much bigger!!!

To give ya the punch line a guy on the street can relate to, each parcel owner in the city of san diego (i.e. taxpayer) is on the hook for $24,000+ in todays dollars, all because of corruption, greed and mismanagement!

phaster says

But what to do if the fox is guarding the chicken coop?

It's very unlikely that a city official will stick his neck out for some random land lord. They are not high up enough to call shots.

That is disturbing to see that article though. I remember when they caught some property assessor taking bribes for lower assessment. Reminds me a lot of that, low level crime.

FortWayne says

phaster says

But what to do if the fox is guarding the chicken coop?

It's very unlikely that a city official will stick his neck out for some random land lord. They are not high up enough to call shots.

That is disturbing to see that article though. I remember when they caught some property assessor taking bribes for lower assessment. Reminds me a lot of that, low level crime.

What I uncovered is a multi-step process to game the tax system, and starts off w/ building permit fraud.

STEP 1 - put makeup on a pig (i.e. take an old run down shack, transform it into something bigger and "fancy")

STEP 2 - make a claim that the bigger and "fancy" structure is of historical significance

STEP 3 - an owner of a property that has a "historical designation" can claim various tax credits (but seems questions of abuse do pop up)

http://legacy.utsandiego.com/news/metro/20080127-9999-1n27mills.html

http://www.forbes.com/sites/janetnovack/2011/06/16/feds-sue-trust-over-historic-easement-tax-breaks/

Anyway, to recover funds that my parents wanted to go to the church (but had instead been used to allow me to survive this mess), think I've got the logic framework worked out (all based on CA case law), just trying to see if it makes sense, and would work out in real life...

"Obtaining Recovery for Property Damage through Inverse Condemnation"
http://www.lacba.org/files/lal/vol33no10/2774.pdf

ARREOLA v. MONTEREY COUNTY
An entity with the power to control a project need not actively participate in it to suffer liability.

BOOKOUT v. STATE OF CALIFORNIA
a five-year statute of limitations applies only where a public entity has physically entered and exercised dominion and control over some portion of the plaintiff's property.

Main body logic...

HARSHBARGER v. CITY OF COLTON
1) there is a mandatory duty for building inspectors to enforce building codes because of public safety concerns
2) an exception to the rule of sovereign immunity is fraudulent inspection

BLAIR v. MAHON
3) failure to speak is a species of fraud

HORWITZ v. CITY OF LOS ANGELES
4) “Just as the city has no discretion to deny a building permit when an applicant has complied with all applicable ordinances, the city has no discretion to issue a permit in the absence of compliance”

Final nail in coffin??? Is section 1983 Applicable???

MAXWELL v. COUNTY OF SAN DIEGO
5) the court ruled that the officers were not entitled to qualified immunity because of the danger creation exception

(9th circuit has addressed the legal standard issue in "danger creation" cases and agrees with the majority view that a heightened level of culpability, i.e., more than mere negligence is required. Specifically, in Grubbs II, the court held a plaintiff must plead and prove "deliberate indifference."

pleadings and briefs are available upon request see:

www.mcnicholaslaw.com/CM/Custom/MSM_PMc-Governmental-Torts.pdf)

Sadly last time around, I found out my own lawyers were "friends" w/ individuals in code compliance, and my only survival strategy was to cave in and pay my way out (six figures in legal and repair bills)

The silver lining in this whole sad story is it uncover my eyes and I think I have a good understand of the whole economic (IMHO its a house of cards)

What about construction by illegals?

phaster says

STEP 1 - put makeup on a pig (i.e. take an old run down shack, transform it into something bigger and "fancy")

STEP 2 - make a claim that the bigger and "fancy" structure is of historical significance

STEP 3 - an owner of a property that has a "historical designation" can claim various tax credits (but seems questions of abuse do pop up)

Is that San Diego only thing, or does this work elsewhere?

willywonka says

What about construction by illegals?

http://www.cslb.ca.gov/consumers/reportunlicensedactivity/HowCanIReportUnlicensedContractors.asp

You can report whatever you like but it is upto the homeowner to let you inside or not ( 4th amendment ) . You can politely tell city/ state inspectors that I can't let you in without a warrant. City needs an injunction first to get a warrant .

FortWayne says

phaster says

STEP 1 - put makeup on a pig (i.e. take an old run down shack, transform it into something bigger and "fancy")

STEP 2 - make a claim that the bigger and "fancy" structure is of historical significance

STEP 3 - an owner of a property that has a "historical designation" can claim various tax credits (but seems questions of abuse do pop up)

Is that San Diego only thing, or does this work elsewhere?

To get a general idea of a "historical designation" $cam in action, there is a scene in caddy shack 2 that illustrates the key components (could not find a youtube video clip, because to really get the joke ya have to see the "setting" so found a stand in image that kinda works - but from what I remember of the movie its in too good a condition)

Mr Hartounian, I presume? - Yes
We represent the Historical Preservation Society
I have a temporary injunction..
restraining you from demolishing any structures on the Armstrong Estate..
until the City Planning Commission rules on our appeal
What are you talking about? This is nothing but an old dump!
This building is over 70 years old It's part of our heritage
What are you talking about? This is a garage, can't you see that?
Do you come from a long line of mechanics?
It was a carriage house
It's one of the original buildings on what was the Armstrong Estate
the property line of which ran down to this brook
Does this look like a brook to you?
This is not a brook, lady this is a sewer

http://movie-sounds.org/sports-films-phrases/sound-clips-from-caddyshack-ii-1988/we-represent-the-historical-preservation-society

In general its a "scam" that could be pulled off in any state BUT depended upon very unique circumstances.

The mills act (for example) is a property tax reduction program for properties w/ a "historical designation" specific to just the state of California.

http://ohp.parks.ca.gov/?page_id=21412

The facade easement (for example) is a fed tax credit, so if ya have mean$ ya might be able to pull it off in all 50 states

http://www.aicpa.org/Publications/TaxAdviser/2013/March/Pages/Durant_Mar2013.aspx

I've heard something about people doing something like that in Malibu, but they have to allow public access to the "historic property" for some amount of time a year.

Not sure if it's the same thing or not.

cloud15 says

You can report whatever you like but it is upto the homeowner to let you inside or not ( 4th amendment ) . You can politely tell city/ state inspectors that I can't let you in without a warrant. City needs an injunction first to get a warrant .

When a renter reports a problem, they ask the renter if they can come in, not the home owner. For neighbors who are a problem, who do not cooperate, they get warrants.

FortWayne says

I've heard something about people doing something like that in Malibu, but they have to allow public access to the "historic property" for some amount of time a year.

Not sure if it's the same thing or not.

don't think its the same thing, or it might be.... whatever,

the battle over some rich dude w/ a fancy beach house not wanting the "poor" masses to camp out in front of the aforementioned "fancy beach house" is/and always will be a point of contention between the haves and have nots...

put yourself in the rich guys shoes, you've got money and ya don't want the trailer trash partying and leaving their garbage in front of your designer beach pad (so ya try and cut off the "general public" from having access to the "public" beach)

http://articles.latimes.com/2000/dec/11/news/mn-64093

looking at the issue form trailer trash point of view, one could understand why after working at some hard labor job at an "inland" location five days a week, all joe six pack want to do is enjoy a day at the beach (which is public land), and let off some steam w/ friends and family.

the rich guys home might have historic status, but thats not the issue here (access to the beach which is public land, is the issue at hand)

the tax scam scenario I outlined, is more along the lines of some entitled jerk decides to build a fancy "old looking" house on the beach, and figures out a way to classify his beach house as "historic."

If the house is classified "historic" the entitled jerk can lower his property taxes by 70% (for example), and is also able to take a million dollar tax write off (for example) by saying he promises not to change the exterior of his "old looking" house. Here an easement (is given a value of a million dollars) and is donated to some "Historical Preservation Society" (like the one in portrayed in caddyshack 2). so get the idea? here, the entitled jerk is gaming the system in order to have "tax payers" subsidize the costs of ownership of a fancy "old looking" house on the beach

I see what you mean now. They have a lot of these things in "Pasadena". Entire blocks of expensive properties labeled as "Historic".

FortWayne says

I see what you mean now. They have a lot of these things in "Pasadena". Entire blocks of expensive properties labeled as "Historic".

Pasadena may have lots of historial properties with perhaps a little tax skimming, but San Diego seems to have an excess number of narcissistic banal bureaucratic dilettantes who really are screwing over taxpayers.

Within the past year alone, the mayor and police have made the news for sexual harassment;

http://www.nytimes.com/2013/10/16/us/criminal-charges-for-bob-filner-former-san-diego-mayor.html?_r=0

http://www.sandiego6.com/news/local/Man-accuses-former-SDPD-Officer-Christopher-Hays-of-sexual-misconduct-268185172.html

and there have been corruption problems reported with respect to running a school district and bribes to various politicians from foreign nationals;

http://www.utsandiego.com/news/2014/jan/16/san-ysidro-schools-manuel-paul-federal-probe/

http://www.fbi.gov/sandiego/press-releases/2014/new-indictment-in-campaign-finance-case-adds-gun-bribery-and-falsification-of-records-charges

Sadly I fear taxpayers are really about to be royally screwed and left holding the bag.

The other day there was an article about the SD county pension system using derivatives to try and make up the budget short fall

http://online.wsj.com/articles/san-diego-pension-dials-up-the-risk-to-combat-a-shortfall-1407974779

There were no real numbers (just percentage underfunding) but I remember what happened back in 1998 when LTCM (long term capital management) had a leverage strategy that caused an asian meltdown and perhaps its my tinfoil hat, but I see way too many parallels.

There is a youtube video (starting at 3:24), where san diego is mentioned at the being at the top of the list (for being the deepest in the hole overall for unfunded pensions and having an unfunded health care plan)

https://www.youtube.com/watch?v=BRr49iAgI9g

The variable that IMHO will accelerate as well as increase the odds of a financial failure for the SD area is new government accounting rules that are going to put BILLIONS on the balance sheet next year (which the markets in turn will have to price in)

http://articles.latimes.com/2014/apr/09/opinion/la-oe-fritz-pension-liability-california-20140410

Bottom line (w.r.t. San Diego) there is 12+ BILLION off balance sheet debt?? (8 billion in pensions plus 4 billion in storm water fixes).

The 8 billion dollar range “pension” figure is just one of the things TPTB in SD don’t want the voting public to know about

http://www.sandiegoreader.com/news/2013/oct/24/ticker-san-diego-mayoral-debate-canceled/

http://www.sandiegoreader.com/news/2013/oct/24/ticker-san-diego-mayoral-race-whoppers/

There was also a news paper article a few months ago that stated “San Diego’s stormwater bill: $4 billion” (so the question is, does this figure have to be placed on the balance sheet)

http://www.utsandiego.com/news/2014/feb/17/san-diego-billion-stormwater-cost-shocker

What really worries me is the $12+ billion figure for san diego, does not include health care costs!?

I wanted to get a feel for the magnitude of the problem (since I am lucky enough to own property here in town) so found out there are 1,009,284 parcels in SD county (AND far less in the city proper)

http://sandiego.ca.reportallusa.com

So dividing 12+ billion (off balance sheet) by 1 million parcels here in SD county ya get $12,000 per parcel!

Actually I think the cost is going to be HIGHER because the 12+ billion off balance sheet figure is for the city of SD and there are far less than 1 million parcels in the city (I'd guess a conservative ball park figure is there are 500,000 parcels w/in the city, so the cost each parcel owner is on the hook to the city for corruption/greed/mismanagement is closer to $24,000+ in todays dollars)

Sadly after looking at the problem I have come to the conclusion that to some degree the pattern of corruption/greed/mismanagement is repeated at all levels of government all around the world, and IMHO its not if but when the "global economy" is going to come crashing down....

i have a slum lord. He is the step father of my significant other. the house is in his mother's name that is 80+ years old and didn't even know her son was renting out the other two floors. the house is a three story house that fits three different families in springfield, MA. He is threatening to evict me and my boyfriend just because he is getting a divorce on the mother. For me on the other hand my boyfriend is the only one in the whole house paying rent. there are three other adults that are not paying rent. Not to mention its all happening under the table so the slum lord doesn't even have leasing contracts on the tenants. the house isn't livable and will not stop harrassing me and my boyfriend for the rent.

jackson22 says

i have a slum lord. He is the step father of my significant other. the house is in his mother's name that is 80+ years old and didn't even know her son was renting out the other two floors. the house is a three story house that fits three different families in springfield, MA. He is threatening to evict me and my boyfriend just because he is getting a divorce on the mother. For me on the other hand my boyfriend is the only one in the whole house paying rent. there are three other adults that are not paying rent. Not to mention its all happening under the table so the slum lord doesn't even have leasing contracts on the tenants. the house isn't livable and will not stop harrassing me and my boyfriend for the rent.

If the person who owns the house doesn't know the house is rented he is committing some sort of crime there, not sure how serious, but one can't just rent someone else property out. Not to mention he is most likely not paying taxes on it, so if were you I'd remind him that you can report that additional income of his to IRS and that'll get him into really hot water.

I don't know Massachusetts but just contact state attorney office, they'll either help or point you to the right direction:

(617) 973-8787
(888) 283-3757 (toll free, in MA only)

http://www.mass.gov/ago/consumer-resources/consumer-information/home-and-housing/landlord-and-tenant-law/

Found one in their FAQ's on Massachusetts slum lords:

5. Code Violations
You are entitled to an apartment that is in compliance with local and state sanitary and building codes. Violations should be reported to your landlord in writing. If he/she doesn’t make the necessary repairs, call the City’s Inspectional Services Department at 617-635-5300.

6. Registration and Inspections
Realistically, I'm sure he did not register this as a rental unit if he is running it under the table. He is going to be busted if you report him.

Landlords must register their rental units with the city’s Inspectional Services Department and post their contact information in the building. Rental units, except for those in 1-to-6 unit owner-occupied dwellings and public property, must be inspected at least once every five years to ensure that they are in compliance with the State Sanitary Code.