Monday, July 16, 2018

57. Municipal Ordinance for Rental Property Inspection Fee Increase

A major element to argue that a municipality has created a taking of private property without due process by its ordinance is to demonstrate that the implementation of the was cavalier, capricious or arbitrary. This came to mind when looking at an exhibit shared with the citizens in attendance at the last Sharon Council meeting. The exhibit was shared with the members of Council by the Code Enforcement Officer. He explained how the partial cost recovery for the increase in rental inspection fee was determined. Comments were made from the citizens in attendance about the proposed increase. The proposed increase was hardly arrived at in a cavalier, capricious or arbitrary manner:


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