Editorial from September 26, 2006

What are private property rights?

By Danielle Seckler

    With the Private Home Rental (PHR) ordinance being challenged, there seems to be some confusion as to what are and what not private property rights are. There are two groups, both stating that they are looking out for your property rights.

   The first group is known as ‘Citizen’s Protecting the Rights of Property Owners’ (CPRPRO), which includes former City Manager Michael Perry, the Big Bear Realtor Association, Big Bear Lake Chamber, Real Estate Board in Big Bear, and Property Management companies, just to name a few. Candidate Tim Brigham for City Council is currently on the planning commission and has his own financial connections with the PHR and the real estate industries. It is the assertion that CPRPRO the property rights of an owner are to convert their home into a lodging business, without government intervention; such as health inspections, concern of neighboring home owners, no Federal ADA compliance, and especially no code enforcement of the number of occupants or parking.

   The second group or groups are those people who want to change the current ordinance, that contains no enforcement teeth or money, does nothing to solve problems of trash, parking, and noise. This loose knit group of lodging owners, residents, and second homeowners has been contending with these problems for years. One of these groups is struggling for financial survival, while others contend with weekly annoyances being ignored by the City. Other people involved with the current initiative to change the PHR ordinance want to have the name of Big Bear remain as a safe and fun location for people to come and visit. One group known as Citizen’s Action League for the Preservation of Property Rights (CALPPR) which contends that peace and quiet are part of property rights and that neighborhoods have the right to decide what kind of businesses are conducted within those neighborhoods.

   So, what exactly are property rights? Is it “I can do whatever I want to on my property.”? Certainly not, if you live within the City limits or even in the unincorporated areas. If you want to open a homebased business, you need a permit. In the permit process, it says what you can and can not do. You may have people come and park on your property, however there are restrictions. You neighbors within 300-feet of your property will be notified that you want to run a home based business, what kind of a business, and they have the right to say no. In the case of Bear Valley News, all of my neighbors said it was ok with them for me to do business here.  I wonder if I wanted to open a chicken hatchery to sell eggs or an adult massage parlor, if they would have said ok.  In any case, they had the right to decide what goes on in their neighborhood.

   Anyone who lives within the City limits knows just how many rules and regulations they must live with.  Want to have one of those tents to put over your car – not allowed. Want to tar the last 3-feet from your driveway to the street – the City must ok it and you get to pay them money. Want to cut down a tree that is too close to the house and a fire danger? – Measure that tree first and if the diameter is more than 6-inches, you can go to the City and they will decide if it is ok; just pay at least $25. On trash day, remember that you may only put out your trash 24-hours before and remove the trash cans within the next 24-hours or you can get fined. Trash cans in Big Bear Lake are not to be seen otherwise, or you can get fined. Does your son need to repair his car? Well, if one of your neighbors doesn’t like it, code enforcement will show up and give you 24-hours to remove the inoperable vehicle – or else. The unincorporated areas have their restrictions as well, so this is not just in Big Bear Lake.

   The days of old are gone, where one neighbor can decide to do whatever he or she wants to. In a society, where making neighbors behave well to each other, that is where the municipalities govern. That is the purpose of the City; to define what can and can not be done.

   No one wants to say that if a current resident moves, they may not rent out their home to help with the payments. No one wants to say that they can’t use their home as a PHR. However, it is the responsibility of that property owner to be a good neighbor and maintain their property for the safety and health of anyone staying there. They have to do this if they lived in the house themselves or if a stranger came in. Not one of us can have a month long party going on, disturbing the neighbors. So why would the PHR industry, be allowed to do this? Why has the San Bernardino County Health Department made rules for public used spas? The reasons should be clear, however they should be restated. Sometime in the past, people did something that caused harm to others. Each time something like this happened, property owners were usually found to be negligent, so the county made it a law. If the property owner obeyed the law, they could not be found negligent and have to pay. When I travel, I want to be sure that wherever I stay, it will be in a place where I will not get some kind of flesh-eating disease that may harm or take my life or the people I love.

   The PHR industry enlisted the City to ignore their responsibility to all cities’ members, for the betterment of one group. This is not only un-American; it is unfair to the other city members and probably should or is illegal. Maybe the City has skirted around the laws and its’ responsibility to all of the property owners. Even if the majority of property owners said it was ok to do so, it is the City’s responsibility and its’ fiduciary responsibility to maintain a safe and healthy environment of the community as a whole. This entire mess could have been avoided, if the kind of people were in office that had the backbone and courage to stand up. Here are just a few of the possible options the City Council could have done, instead of just ignoring the problems.

• Trash – All PHR rentals will be required to have full-time residential curb trash picked up, with locked-animal proof trash containers at the curb for renters to know where to put trash. These containers would have to be a size which would allow Big Bear Disposal to pick up on a weekly basis.

• Violations for parking, noise, or over-occupancy – the PHR industry would be charged an extra tax for the maintaining of extra police enforcement. These extra Sheriff’s would have the same training as any other law enforcement officer; however their first priority would be to throw into jail anyone who will not quiet down, give parking tickets (which would help fund these extra sheriffs), tow cars illegally parked (fines and fees to fund the program), and for over-occupancy – throw them off the property, with loss of their rental fees to the property owner.

   Property rights belong equally to each property owner:

• The right to live in a healthy and safe home.

• The right to live in a quiet neighborhood.

• The right to have a say so on what goes on in your neighborhood.

• The right to make some money.

   It is up to the people who own property to take their back these rights and demand the City to be responsible. Otherwise, we can call the City Council the Taliban of Big Bear Lake – they get to do whatever they want to and the heck with any of us. It is your decision how you want this community to live and be run. It is not the decision of the power brokers, who make a buck off of your back!

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