Casper City Council Moves Against Private Property Owners Again – During Covid-Cancelled Public Meetings

On May 19th the Casper City Council unanimously passed, on 1st Reading, their latest version of a property maintenance code, entitled Unsafe Structures and Equipment (proposed ordinance embedded at bottom of this page).  Several people called in opposing the ordinance and a handful called in supporting it.  Just as happened back in July 2018, the proposed code has been consistently touted as the necessary solution for low-income tenants and vulnerable populations at the mercy of slumlords in Casper – and Casperites again oppose it because the code still lumps all private homeowners in with these slumlords.  Those Citizens and professionals who called in or wrote letters of support for the ordinance did so specifically because of the low-income rentals in Casper owned by the slumlords.

Due to Covid19, Casper Council chambers were closed to the public on May 19th, and so the “public meeting” was live streamed (June 2nd meeting for Second Reading is also closed to the public).  Sometimes live-streaming works well for meetings, and sometimes it does not.  There is no question it worked well for some of Casper’s elected (and nonelected) officials who likely did not want to face the same auditorium of outraged Citizens who loudly opposed the International Property Maintenance Code they tried to pass in 2018.  This time however, for 1st Reading of their latest version of a code (that still lumps private homeowners with slumlords), the only thing Casper City Council had to actually face were their own computer monitors, poor phone connections, dropped calls, elevator music and the halting, time-delayed and sometimes static/garbled sounds of Citizens who waited on the line to twiddle with the one-sided archaic-tech-attempt at a “public meeting”.

Watching the May 19 Casper City Council Meeting video, it was clear that there was a break-down in communication and understanding that could have been at least partially resolved in-person: Citizens could not show Council members portions in the documents they were referring to – which contained relevant details to their concerned opposition, of which council members apparently could not find, or did not realize/know/see or understand.  Eventually the whole live-streamed spectacle turned into Casper’s own version of the Tower of Babble with certain council members chastising, scolding and in some cases blatantly insulting Citizens via one-way images from their comfortably smug digitized ivory arm-chairs.  (It is noteworthy that the Casper City Council policy on public statements specifies that personal attacks on council will not be tolerated.  Just as the live-streaming works, apparently the taboo of personal insults is perfectly fine on this one-way-street as well.)

Several Citizens referred to the new proposed Ordinance as part of the International Code, and were reprimanded by outspoken council members for ‘not actually reading the bill’.  The truth is that the website for the Casper Municipal Code places the proposed ordinance under Chapter 15:02 INTERNATIONAL RESIDENTIAL CODE, and 15.04 INTERNATIONAL BUILDING CODE.  Additionally, the Council’s own Mar 10, 2020 Work Session Packet (page 257) states that the enforcement aspect of the proposed ordinance “is already in place in both the International Building Code and the City of Casper Municipal Code”.  Citizens who referenced the proposed ordinance as being part of the International Code were perfectly justified in their statements and beliefs, yet were treated with disdain, as if they were imbeciles, by some council members (not all).

During various moments in the meeting many Council members stressed that the proposed ordinance was not International Code and that it was written by city officials specifically to tailor to the needs of Casper – and that they worked very hard on this in time and effort.  We have found however that much of the language was borrowed from other state municipalities, such as in Florida, Kansas, Maryland, Massachusetts, North Carolina, and Texas to name a few.  So, no – nobody knocked themselves out at Casper City Hall while trying to tailor to the needs of Casper’s vulnerable population – it was most likely a cut-and-paste session conducted by nonelected city officials.

What we find suspect above all else is that 99% of the City’s arguments with this new code, and with Citizens and professionals who support this new code, and with the same arguments and support for the proposed code from 2018, center on slumlords – and yet the City continues to insist upon making these laws apply to every homeowner in Casper.  This is exactly where the justified distrust and suspicions of Casper homeowners comes from.  Councilman Bates acknowledges this very point on behalf of Casper homeowners in two separate segments in the audio provided below – listen for yourself at 8 minutes/30 seconds and again at 18 minutes/05 seconds. Casperites should thank Councilman Bates for his diligent representation and reach out to him on amending the ordinance.

Why would City officials continue to insist that homeowners be held to the same maintenance & building codes as landlords that charge money to tenants for housing rental fees?  Instead, why aren’t landlords in Casper being addressed in the same Casper Municipal Code for Hotels and Boarding Houses?  Why aren’t those parts of the Casper Municipal Code being acknowledged, utilized and amended?  Being a landlord is a commerce-based contract with a tenant; being a resident in your own home is not.  Do City officials expect citizens to keep their kitchens the same as would be required of a FDA approved restaurant?  Of course not, right?!  Do City officials expect citizens to keep their private garages the same as would be required of a certified OSHA-approved mechanics shop?  Of course not, right?!  And yet… those examples are extremely similar to some of the provisions that the Casper City Council tried to implement via the International Property Maintenance Code in 2018.  It sure does make one stop and seriously consider if the ultimate goal by Casper Officials (elected and nonelected) is to eventually replace all of Casper’s Municipal Code with International Code.  There is no rational explanation on why they are ignoring current municipal code that can be amended.  Casperites should consistently push for answers on this until this is directly acknowledged and explained publicly and thoroughly.

City officials keep saying our Wyoming Residential Property Act isn’t good enough to protect vulnerable populations that rent from slumlords – that it is lopsided and offers more protections for landlords than it does for tenants.  Professionals who have voiced their support for this new code have expressed very similar sentiments and concerns.  Yet not once have City officials mentioned contacting and trying to work with our state legislature to amend existing statutes to protect low-income tenants or vulnerable populations. Not once has this been mentioned as an action that has been taken by the City.  That would certainly take less time and effort, and would be far more transparent, than what unelected officials have been trying to piece together in their private offices through their own designs.  Why are City officials ignoring WY State statutes and their own Municipal Code that is already in place?  Casperites should consistently push for answers on this until this is directly acknowledged and explained publicly and thoroughly.  Whatever the explanation might be, it appears that certain individuals (most likely unelected officials) are using “vulnerable populations” as their smokescreen to circumvent working with existing laws and lawmakers – and what an egregious shame that is.  They are either holding private landowners hostage to protect vulnerable populations, or they are holding vulnerable populations hostage to push Casper Municipality towards International Code.  That is what it looks like to us.

When Citizens expressed their opposition to the encroachment on both their property rights and all Citizen’s property rights, they were met with a volley of arguments by Council.  Below are a few of the more noteworthy ones:

• Councilman Powell stated that he “doesn’t believe the ordinance is strong enough”… and that there is a “troubling trend that we see when people want to talk about their rights, and they should get to do whatever they want to do within the scope of their interpretation of the Constitution, with no concern for anyone but themselves… and.. um.. for me when I see those comments, quite frankly, those folks are disqualified from having an impact on the conversation…” (listen for yourself at around 5 minutes/30 seconds in the audio provided below).  Something noteworthy shared with us about Powell is that he works with vulnerable persons in his private practice as a psychologist.   He also appears to be the most passionate supporter among council members for this ordinance.  To be clear, being an advocate for the vulnerable is commendable and needed – however, it should not be at the discrimination of everyone else.  Whether there is a conflict of interest with Powell or not would have to be debated, however it seems obvious that he is a stronger voice for his clients than he is for his constituents.  
  
• Councilman Hopkins commented about deplorable property owners who have goat-heads and overgrown weeds, and hoarders with unsanitary and disheveled living conditions (which have absolutely nothing to do with unsafe buildings or structures).  At one point Hopkins stated “Some people just don’t know when there out of line” (listen for yourself at around 13 minutes in the audio provided below).  Apparently he believes it is the job of the City of Casper to keep us all in line – with his unique understanding of the proposed code.  How many code enforcement officers will read their own meaning into the code just as Hopkins does?!
• When one Citizen responded directly to Hopkins about his comments regarding weeds, she was later corrected by Councilman Huber that the ordinance has nothing to do with weeds – as if she was the one who was poorly mistaken.  It is clear that Councilmen Hopkins and Huber have different interpretations about the proposed ordinance.  Yet citizens were admonished, and sometimes ridiculed, when they attempted to articulate their own interpretation of the proposed ordinance.  Clearly the ordinance is a mess that can be subject to a multitude of interpretations by a multitude of people based on what they have to lose – or gain.  Heaven help any Citizen who would have to fight this proposed ordinance in court.
• Another noteworthy moment was when Councilman Pacheco lit into Citizens for the emails he said had been receiving that referenced “we are creating a police state, a murderous Stalinist communist Russia forced entry”… (listen for yourself at around 36 seconds in the audio provided below).  Pacheco seemed to forget initially that he was the acting Mayor who brought forth the 2018 International Property Maintenance Code that created such a public uproar by Casperites – and their personal distrust of him.  His indignation of public mistrust is breathtaking.

At one point Councilman Huber tried to point out that the ordinance has a clear definition of “unsafe structures” and that this is all anyone has to worry about (listen to the audio below at around 15 minutes).  What he failed to notice, that every citizen in opposition did notice, was the 3 ½ pages of legal stipulations that followed his reference, which goes way beyond the scope of the definition.  We do want to point out that Councilman Huber addressed Citizen’s concerns about unlawful searches by City officials that had actually appeared in the 2018 proposed code.  Huber stated, and restated, that he will personally go over the ordinance and offer an amendment to address 4th Amendment protections to Casperites if he feels it is needed (listen for yourself at around 3 minutes and 45 seconds in the audio provided below).  We commend him for vowing to take this proactive stance and we hope that he might be one of the council members that will listen to reason from Casper Citizens who want private homeowners completely removed/amended from the proposed ordinance.  While there are no amendments provided in the June 2 Casper City Council Meeting Packet (see pg 112 114 of the pdf), Casperites should thank Councilman Huber for his attention to their 4th Amendment concerns and engage him in any questions that they might continue to have.

Many blatant problems that we see in the ordinance, compared with what we heard in the discussions, revolve around what is considered “safe”, and what should be considered habitable for renters.  Here is a short list of some of the words/phrases used when talking about “public safety” during discussions for the Unsafe Structures and Equipment ordinance by various council members, and also from some of the supporting documents that unelected officials brought to the table for this proposed ordinance: Junk; filth; trash; squalor; clutter next to bed (= inadequate mean of egress); debris; a real eye-sore; run-down; bad guys; unhealthy conditions; soiled carpets; narrow doorways; flaking paint; *office temperature below 68 degrees; extension cord for refrigerator; slum buildings; slum dwellings; slumlords; absentee landlords; disheveled; unsanitary; fly-strips; grass that’s too tall; dead grass; goat-heads; overgrown weeds; massive weeds; dog feces; human feces spread on wall; mental deficits; vulnerable populations that are unable to care for the home; transient nature of occupants; etc.
*See page 275 of the pdf, 3-10-20 Casper Work Session Packet – something interesting about this supporting document is that it appears to be an email written by Dan Elston (Chief Building Official) and then sent to himself.

More than anything else it appears that unelected officials threw together a bunch of disjointed, cut and pasted, yet legally-enforceable property codes (that some council members disagree with what it actually means), for all Casperites, even though their aim is purportedly the bad-guy-slumlords.  The end result is they are willing to throw it all against the wall and see what sticks.  Homeowners in Casper do not want any of it sticking to them or their private property.

The City of Casper needs to eliminate private home-owners from the ordinance.  At the very least, they need to table this ordinance until public meetings can be opened up to in-person public involvement.  What they have offered so far is a far cry from a comprehensive straight-forward ordinance for slumlords, or a proper, official public meeting with true public involvement for their Constituents.

Second Reading of the ordinance is scheduled for Tuesday, June 2, 2020.  Casperites who oppose this should be respectfully attempting to communicate with City of Casper Council-members.  Here is their email and phone number information.

Below we provide the audio (approx 22 minutes in total) from the May 19 Casper City Council Meeting.  Due to prohibitive file sizes, we are only providing Casper Council comments that occurred after the public discussion was closed.  Go to this link to watch the meeting in its entirety.

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