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Waukegan City Government Searching Rental UnitsBY: Gilda Torres It has come to my attention that the city of Waukegan is in the process of searching rental units. The purpose of the searches is for "life safety," or so the city says. To my knowledge, we still live in America, and as Americans we have some rights according to the United States Constitution. Our forefathers were precise when they wrote the Constitution, and the Fourth Amendment states:
Is the city of Waukegan violating our Constitutional rights by insisting that landlords and tenants allow code enforcers to inspect their rental units and homes under the guise of "life safety" without search warrants based on probable cause? It seems that the Constitution as our forefathers intended, is slowly being eroded, piece-by-piece. This is a prime example of what our forefathers feared. They constructed and worded the Constitution to protect us from monarchistic abuse by providing protection to ALL THE PEOPLE, for all the coming ages!! Landlords and tenants may refuse (in writing) to allow the "Waukegan government" to inspect their premises, but there could be consequences. A tenant could be fined up to $750.00 per day, and the landlord could be sent to jail up to six months for refusal of an inspection. What will the inspectors be looking for? In the Rental License Property Information Sheet, there are five pages of items to be checked which include housekeeping, improper usage of extension cords, food storage-rodent/pest control, improper locks on bedroom and bathroom doors, windows, screens, operable smoke detectors, obstruction of exit doors, roofs, stairways, floors, siding, visible street address numbers, and foundations are just to name a few. Is the city really searching for illegal activity, contraband and overcrowding (checking for beds in living rooms, attics or basements - a sign of overcrowding)? A source of mine, who shall remain nameless, is affected by this city ordinance, and is fearful of reprisals. "I have experienced retribution from the city of Waukegan before, and I don't like it! This is scary. My rental property is my retirement, and I don't want the city messing with me. My apartments are well kept, and I spend a lot of time and money doing repairs," my source said. The City of Waukegan is determined that these inspections be done. There are approximately 12,000 rental units in Waukegan, but only those buildings with three or more units are affected. Those dwellings affected under these criteria come to approximately 10,000 units. This impacts many tenants! These inspections could keep the code enforcers fairly busy for quite some time. The Fourth Amendment and the law clearly state that no search warrant will be issued without probable cause. Supreme Court case law has indicated that rumor, mere suspicion, and even "strong reason to suspect" are not equivalent to probable cause. There have been some inspection refusals to date, and Judge Helen Rosenberg-Franks has signed search warrants to allow these inspections. The Lake County Apartment Owners Association (LCAOA) has engaged Arnstein & Lehr (from Chicago) to represent them. LCAOA is concerned about Ordinance No. 02-O-37. They have 5 case law issues with the ordinance, and sent them to Anne C. Conzelman Linn, Esquire (the city of Waukegan's attorney), on January 2, 2003. They are as follows:
It is vital that landlords and tenants in Waukegan understand what they are facing. Safety is an important issue and there are ordinances on the books already. There are ways that safety issues can be addressed without intimidating tactics. The city is sending the landlords letters informing them of the date and time their rental units will be inspected. Although there is some notification time, when a policeman, fireman and code enforcers come knocking at your door, it can be intimidating. Most of us would probably shake in our boots. There are some people that are willing to cooperate, if nothing more than to get it over with. There are some people who are saying, "Let them come, I don't have anything to hide." That probably is the case in most instances. Residents also need the know, that they do not have to answer questions the code enforcers may ask. LCAOA held a meeting Tuesday night at the In-Laws Restaurant in Gurnee, it was standing room only. Many members were there to ask questions, get information, and to share their experience during their inspections. One man stated that his units were inspected this week. He asked the code enforcer if he wanted to inspect his vacant apartment and the offer was declined. Why would a code enforcer refuse to inspect an empty apartment if this is a citywide ordinance? Most think that the city is putting people of good will on notice. In some inspections, kitchen drawers were checked, closet doors were opened and some inspectors even looked under the bed. This issue is not going away soon, it will hound Waukegan for some time. We all know why the city is imposing this ordinance... There are so many issues that our aldermen and mayor need to be addressing in Waukegan. However, on May 6th, 2002 at a regular City Council meeting, Aldermen Larry TenPas, Pat Needham, Dick Hyde, Sam Cunningham, John Balen, John Rickerd, and Tony Figuerora all voted, passed and approved Ordinance 02-O-37. The only alderman who opposed this Ordinance was Frank Harris. One can only guess what the aldermen were thinking when they approved this Ordinance. There are always two sides to a coin, and seven aldermen must've known that this passage could bring a lawsuit. Can the City of Waukegan afford an expensive lawsuit? Lawyers and the repercussions (for there will be) do not come cheap. Most landlords and tenants do not want Waukegan government head-aches, intimidations and interferences, and may sell or move away. Waukegan does not need more empty buildings; we have enough of them already. User friendly is not in our aldermen's vocabulary, for they seem to be on a road to destruction instead of construction. Who in their right mind would want to relocate in Waukegan, knowing the turmoil the city is in. Where is this going to stop? Change is happening, whether you chose to accept it or not. One cannot live in peace and tranquility, knowing that the next knock at a door can be the code enforcer... You may be next! Noticias Vision News - Friday January 17, 2003
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