East Point Town Hall Meeting on Monday, February 25, 2019, will deal with short-term rentals in strictly residential zoned areas.  Short-term rentals are “airbnb”,  “mansion party”, and “sharepads”  so far.  Why would Mayor and Council waste time discussing such short-term rentals when State law forbids any short-term rentals in strictly residential zoned areas.  CM Nanette Sauicer is working to turn the discussion toward enforcement of the State law instead of  violating the law.  I totally agree with CM Sauicer and support her stand on more enforcement by hiring more code enforcement officers to patrol during the weekends and evenings.

EAST POINT ORDINANCE: PART 11, CHAPTER 9: RENTAL DWELLINGS AND RENTAL UNITS

This Ordinance was written for existing Rental Dwellings and Rental Units with commercial zoning and not for homes zoned strictly RESIDENTIAL. Homes zoned strictly residential do not allow for short term rentals of any kind; nor does it allow for single rooms rental within the homes. Residential homeowners bought their homes in order to enjoy a certain kind of life style that does not include in-and-out traffic that caters to large groups of vacationers and party goers for weekends or weeks at a time.  Sex trafficking and prostitution can easily be conducted by rotating the victims from one property to another without anyone knowing it.  All rental properties in strictly zoned residential areas should adhere to the same restrictions placed on homeowners in strictly residential zoned areas. Those restrictions include:

1. Street parking.
2. Number of cars allowed to park at residence.
3. Number of occupants without a family connection.
4. Sanitation scheduled dates and policies must be adhered to according to current dates for each neighborhood.
5. Social events on the property shall adhere to existing policies for all residential zoned properties.

Georgia State Law clearly states in the quote below what can and cannot be done in a strictly zoned residential area. Please read section b) BELOW.

  O.C.G.A. § 36-74-30

 Current through the 2018 Regular Session of the General Assembly

Official Code of Georgia Annotated  >  TITLE 36. LOCAL GOVERNMENT  >  PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS  >  CHAPTER 74. LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS  >  ARTICLE 2. ENFORCEMENT BOARDS CREATED ON OR AFTER JANUARY 1, 2003

• 36-74-30. Other enforcement methods; probable cause for investigation required

          a)  It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code enforcement officer from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.

      b) No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the  registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause.

East Point current policy requires the registration of  all RENTAL commercial properties.  How then can Mayor and Council satisfy both the City’s policy to register all rental dwellings and rental units with the State law that says  in no event may a local government require the  registration of residential rental property ?

Also, without registering “rental residential properties” in strictly residential zoned areas, how can the City provide safe public safety to the community if the Police Department and Fire Department cannot ascertain who and how many occupants are living in the residence.  The City will place the police officers and fire fighters in mortal jeopardy and set the City up for all kind of law suits.  I suggest that Mayor and Council work with CM Sauicer and develop plans to monitor and identify investors who violate both the City’s and State’s law with heavy fines. The City should start enforcing both laws immediately and rid the strictly residential areas of all known violators because the we do know who they are.

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