TAMAQUA - One landlord is threatening to sue the Tamaqua borough because of an ordinance passed in 2001 involving rental inspections.
Timothy M. Stahl, East Union Street, Tamaqua, said he feels it infringes on his Fourth Amendment rights prohibiting unreasonable searches and seizures.
Why complain about it 13 years after it was passed? It was unclear to Tamaqua borough Manager Kevin Steigerwalt, but he said Stahl possibly wasn't always renting out the apartments he owns in the borough and, if he was, the borough may not have been aware of it.
"I'm a landlord, and I am being singled out and pre-judged guilty, " Stahl told the council at Tuesday's meeting. "You want me to waive my Fourth Amendment rights."
The Residential Rental Inspection Ordinance, passed in 2001, charges a landlord $35 per unit to inspect a rental unit to make sure it is in compliance with the borough code, that includes first inspection and a follow-up inspection.
A separate ordinance asks that the landlord submit a list of people renting and occupying the apartment to the borough provided they are over 18 years of age.
There is no charge for the registration, according to Steigerwalt, but the charge for inspection per rental unit increases to $50 if the borough has to return for a third time. Steigerwalt also noted that the registration part of the ordinance is actually in two other borough ordinances, one the aforementioned tenant registration ordinance and the other, a moving permit ordinance, is not part of the rental inspection ordinance.
Stahl sent a letter to the council and showed up at the meeting Tuesday to continue his crusade "asking council to suspend enforcement of Ordinance 545, fix the inherent mistakes and draft an ordinance that is fair to all citizens of Tamaqua while promoting public safety in all homes regardless of tenant or owner-occupied status."
Stahl wants Tamaqua to inspect all properties if they are going to insist on inspecting rental properties, otherwise he feels he is being singled out by the borough and has threatened to file a lawsuit.
"If you haven't registered your rental properties, you're in violation of an ordinance," council President Micah Gursky said.
Gursky ended the disagreement saying that the majority of the council thinks the ordinance is right for the borough.
"You're free to disagree, and I'm free to take it to court," Stahl replied.
He was also critical of the quality of life ordinances that many municipalities are adopting. Tamaqua's quality of life ordinance has been on the books since 2012.
Early retirement
Karen M. Davison, assistant borough secretary, submitted, along with three others, letters of retirement. Davison, a 35-year employee, praised the Tamaqua workers for raising money through charitable events for people who lost everything in fires, or had medical problems over the years.
Streets department foreman, John Steele, with 30 years of service; David Christ, with 40 years of service doing things such as reading water meters and maintaining the parking meters over the years; and Donna White, a utility and accounts receivable clerk for 37 years of service, are also retiring.
"We're happy for them but also sorry to see them go," councilman Brian Connely said.
All received applause from the council and others in attendance. Tamaqua Mayor Christian Morrison also wished all of the retiring employees a happy retirement.
The council passed a new early retirement ordinance at the meeting with a 5-0 vote. Councilmen David Mace and John Trudich Jr. were absent.