Sean C. Morgan
Salem real estate broker Justin Cherrington told the Sweet Home City Council last week that it should enforce its chronic nuisance ordinance against an apartment complex across the street from an apartment complex he recently purchased and has begun remodeling.
Cherrington recently purchased seven apartments at 1240 and 1250 Nandina St. in December, he told the council during its regular meting on April 12.
“Usually when I say Nandina, people cringe,” Cherrington said. “People have weird feelings because there’s an extremely high crime rate on that street.
“It was the worst property in the town. I can’t begin to tell you the things I’ve had to deal with.”
Cherrington has evicted drug dealers from five of the units, he said, but the apartment complex across the street to the south is still a problem.
The property is notorious for renting apartments without doing background checks, Cherrington said.
It would be easy for the council to do something about it, he said, and it wouldn’t cost the city.
“They will leave this town if you enforce this ordinance,” Cherrington said. Drug dealers are a symptom. The real problem is landlords, slum lords, who will rent to anyone; and as long as they receive their rent, they won’t do anything.
In the past year at 1237 Nandina St., the property across the street, police have responded to 50 calls, with eight arrests.
In the past year at 1250 Nandina St., police responded to calls 63 times. Police made 27 arrests on 43 charges.
The city’s chronic nuisance ordinance could stop it, he said.
Under the ordinance, adopted in May 2014, if police consistently arrest someone or issue citations for a variety of illegal behavior at a specific property, the Municipal Court has the power to temporarily close the property to use.
The ordinance addresses “chronic nuisance property.” A chronic nuisance property means buildings or property where an employee, patron, resident, owner or occupant commits three or more listed offenses within a 90-day period on the property or in relation to the property within 400 feet and if three or more citations or arrests are made during the 90-day period.
After two occurrences, with citations or arrests, on or near the property within a 90-day period, the police chief provides notification via certified mail to all known responsible parties for the property.
After notification, the chief may then obtain a voluntary compliance agreement. If the compliance agreement is not followed as agreed or a third offense occurs, with a citation or arrest, then the city council may decide whether to send it to Muncipal Court.
By a preponderance of evidence, if the Municipal Court finds a property is in violation of the ordinance, it can order the property closed for 30 to 180 days and assess a civil penalty of up to $500 per day for each nuisance activity on or near the property.
Subsequent acts within two years following the judgment may also be actionable at the direction of the City Council.
This is an ordinance the city could use all over town, Cherrington said. “I’m begging you guys to do something about this property.”
The property owner charges $450 per month and takes cash for apartments infested with cockroaches and bed bugs, he told the council.
Police Chief Jeff Lynn said that the Police Department started the process against 1237 Nandina St. on April 1.
He believed the property falls under the chronic nuisance ordinance, he said. “Based on that, I’ve sent out certified notices to all persons associated with the property, from the property owner to the residents.”
The letter explains the process and invited them to work with the police on a voluntary compliance agreement, Lynn said. No one has responded yet. The next offense will put the property in front of the council, which will have the option of sending the property to Municipal Court.
It’s been quieter since then, but Cherrington worries that once the requirements of the ordinance are met, it will go right back to the way it was.
“We could clean this town up so fast,” Cherrington said. It took 3 1/2 months to clean up 1240 and 1250 Nandina St.
“I see potential in this town,” he said. “It’s a great place to invest. It’s a great place to live.”
Councilor Dave Trask pointed out that the council is working on a livability code that will address some issues like this.
That would help, Cherrington replied. “What would really help is if you guys just crack down with the ordinance. The people that were in my place, they’re in Cascadia now. They’re someone else’s problem. They’re dealing drugs somewhere else. When these drug deals get displaced, it really screws up their business. It screws up the way they make money, distribute drugs. The time the police spend doing this stuff will be drastically reduced.”
A handful of residents from Nandina Street and nearby streets thanked Cherrington for what he’s done with 1240 and 1250 Nandina St.
Bill Davis, who lives near Nandina Street, said the neighborhood has been trying to clean up Cherrington’s property for years. Residents have put up 20 camera systems, and Davis has put up signs warning people they are on video in the area around Nandina Street.
To the council, Davis said, “thank you all for doing a good job. We’re all wanting to get rid of these people. We’re 100 percent with you.”
Present at the meeting were councilors Ryan Underwood, Mayor Jim Gourley, Dave Trask, Bruce Hobbs and James Goble. Greg Mahler and Jeff Goodwin were absent.