Good morning Aldermen & Mayor Donchess,
You have all received on Monday June 13, 2016 the Memorandum referenced below from
Attorney Nicosia email. Once you read it, you will realize that it lists the same concerns
that were presented to you back at the last meeting by Attorney Nicosia. This is the same
meeting where | was naively under the impression you were willing to all actually work
on the redraft with Attorney Nicosia. | actually had hope that this poorly written
legislation would be redone the right way; where it actually considered all its effects on
All Nashua Citizens/Constituents and All Nashua Property Owners (single family
residence owners, all forms of residential rental properties owners, all forms of
commercial properties owners, all business owner renters, all renters from all forms of
residential rental properties).
Believe me, | was totally blown away when | found out that the ordinance came back as
originally written. Are you kidding me? This is like the federal government where the
republican party constantly refuse to reach across the aisle to compromise with the
democratic party or vice versa because they are the better party. When it should be
about doing what is best for All Americans not just a few! My parents raised me to not
slap stick my work or treat others unfairly. But that in everything you do everyday, to
always do your out most best, and keep in mind always how it will effect others around
you.
This ordinance as currently written:
-. Has loop holes, may be easily misinterpreted, lacks clear written procedural steps to be
understood by all.
-. Will increase court proceedings rather than lower them between city and property
owners. No savings to city there. Thus, force property owners to have no choice but to
raise prices on cost of goods sold or raise rents to cover these extra business costs not
currently budgeted (court costs, fines, etc). These then will make cost of goods sold and
housing even more unaffordable for low income families.
-. Will unfairly fine property owners for damage cause by mother nature, negligent
contractor, or code violations caused by a tenant. Instead of allowing due process to
property owner, will cause them to go to court. In the town of Durham, NH and others,
there is an administrative Appeal to town council prior to the ultimate imposition of the
fine for aggrieved property owners who have been issued a citation. The Nashua
housing code blue book references a board of Housing Appeals and Appeals for a
condemnation order but it has nothing that relates to appeals from these types of
citations.
-allows only 10 days to comply. What if job is complex? Contractor is
unavailable? Insurance or tenant issues? Even section 8 allows for 30 days for non life
threatening issues.
-allows selective enforcement and may be abused by third parties. Will arm residential
and commercial tenants with retaliatory measures to abuse process by intentionally
damaging property, notifying inspector resulting in administrative fine imposed on
property owner without due process and not as the true responsible party. Especially
