Changes to controversial rental-inspection mandate in Barstow on menu for Tuesday meeting

A public meeting Tuesday is set to bring revisions for a proposed program that will subject every Barstow landlord and renter to a new system of mandatory inspections.

The Barstow City Council last summer approved an annual inspections mandate for rental homes and apartments to take effect on Jan. 1, 2022.

City officials say the inspections will advance an effort to crack down on negligent landlords who they say have been key to a build up of vacant buildings, public health threats, and general eyesores across the city.

But local landlords and renters have pushed back on the program, arguing it is too sweeping for the stated goal. They oppose the current policy's creation of fees against property owners to fund the program, for example, and a lack of a requirement that city agents get a warrant if someone refuses entry to a residency.

The council's Rules and Policy Committee is holding a meeting at 9 a.m. Tuesday, Nov. 30 in City Hall on changes it is considering in the language that defines the inspection program. The meeting will be open to public attendance and input on the tweaks, which city officials hope will alleviate these opposing concerns.

Chris Heldreth, the city's Building and Safety Department director, and its fire marshal, and City Attorney Matthew Summers will present the proposed revisions alongside separate old business items Tuesday, according to a meeting agenda the city provided the Daily Press that was not previously public.

Among the most prominent revisions to be discussed is new language acknowledging the need for a policy on what city agents should do if a landlord or tenant does not consent to their entry.

"No interior inspection shall take place without the consent of the owner or their authorized representative unless (a designated city agent) has an inspection warrant," the proposed revision states. A caveat, the revision adds, is that a city agent can conduct a warrantless inspection if they decide "a Rental Property constitutes an imminent danger to life, health or safety."

The U.S. Supreme Court ruled in 1967 that conducting health and safety inspections without either a warrant or consent from an owner or occupant is a Fourth Amendment violation.

City officials are also considering adding a checklist that all landlords would be required to fill out to attest that their property meets Barstow's minimum standards under the penalty of perjury.

"Any person who makes a false statement on the Self-Certification Checklist or submits false information shall be guilty of an infraction," the proposed language states. It adds that the city can also declare new rules "regarding which landlords are eligible" to fill out the checklist, which presumably means who is eligible to remain a landlord in Barstow.

Council members Barbara Rose and Tim Silva are the City Council's sitting Rules and Policy representatives. Rose is the committee's chairperson and its only active official, as Silva has been hospitalized for much of the last month with an unknown medical issue.

"We're trying to come up with a compromise for the landlords," Rose told the Daily Press on Sunday. "Something that everyone can live with. I've been trying to push for different language to make it fair for everybody."

Rose mentioned the upcoming Rules and Policy meeting during her committee report at the City Council's last meeting on Nov. 15.

"I am happy to say that in regards to the rental inspection program, there is revised language that's being worked on right now," she said, encouraging "anybody and everybody to attend" the Tuesday meeting.

The public could attend the meeting in person or virtually via an online link, Rose said.  However, City Clerk Services Manager Christina Rudsell clarified Sunday that the meeting is only open for in-person attendance.

Rules and Policy meetings are not listed on Barstow's meeting calendar website, where agendas and links for online attendance are posted a few days before some public meetings. The page generally covers only public meetings of the City Council itself and those of its Planning Commission.

Tuesday morning will mark the first Rules and Policy meeting to occur in a couple of months. The committee was set to meet on Nov. 9 after canceling its regularly-scheduled October meeting, but that make-up meeting was also canceled.

The Rules and Policy Committee reviews various proposed actions before they go to a City Council vote for compliance with city, state, and federal laws and "for competitiveness within the public service market," the city's official description states.

The committee also aims to "address public health and safety issues and coordinate with various City departments" on these specific fronts. It usually meets at 9 a.m. on the last Monday of each month.

Charlie McGee covers the city of Barstow and its surrounding communities for the Daily Press. He is also a Report for America corps member with the GroundTruth Project, an independent, nonpartisan, nonprofit news organization dedicated to supporting the next generation of journalists in the U.S. and around the world. McGee may be reached at 760-955-5341 or cmcgee@gannett.com. Follow him on Twitter @bycharliemcgee.