Laws are made of many ingredients and for many reasons and once they are bonified “laws” do officials, who are tasked with enforcement, have the choice to enforce some and neglect to enforce others, kinda like a big, Las Vegas style buffet where you can line up and choose seafood over corned beef, or carrots instead of broccoli? Can officials pick and choose what laws they would like to put on their plates and leave what they don’t like?
We wonder why the following laws have not been implemented and used to full capacity for the betterment of conditions in Pottstown? There are many unanswered questions…
You will have the opportunity to ask questions of Assistant District Attorney, Jason Whalley, thanks to the welcome efforts of life-long resident and local Attorney, Dave Garner, who has organized a community meeting to forge a relationship with the Montgomery County D.A.’s office and to learn how we can work together and what we can do to implement the…
Pennsyvania Public Nuisance Law, Drug Nuisance Law and The Expedited Eviction of Drug Traffickers Act.
FEBRUARY 16TH @ 7PM BORUGH HALL 100 E HIGH ST. 3RD FLOOR
Below, are a few excerpts of interest. Please take time to read the details in the link at the end of this post and formulate questions to ask the Assistant D.A. at the meeting.
Why are good, taxpaying citizens in Pottstown forced, year after year, to exercise futility, in reporting drug houses, drug dealers, hookers, johns, junkies and all other associated illegal activities in and around rental properties on their blocks?
After making complaints, keeping records, calling police, homeowners report having been told:
“The police can’t do anything unless they see the drug”
“The drug dealers might be selling from that house, or in front of it, but they are not on the lease so there’s nothing that can be done” or…
“We know they are dealing drugs but we can’t do anything about it without X Y Z (fill in the blanks)”
Why have local officials not sought swift retribution to drug dealers and negligent income property owners, on behalf of beleaguered resident taxpayers? Does is make sense to tackle the issues, at the source, before they become full blown shoot outs, injury and death?
Is there not also a definable benefit to leaders of this town by heading off the problems from the get go?
It seems to me that officials do not seek solutions outside of the familiar and that they are not offered unsolicited guidance or innovative legal solutions from the Borough’s legal council, when it’s evident that officials may not even know the right questions to ask.
Looking outside the box is key. Vetting exisiting laws and using them is key. Education is key. Spending the necessary time to look around at how other communites tackle the same issues – is key.
We have all expressed fears, at one time or the other, of the potential outcome of unabated drug houses operating near our own homes. We’re concerned, (with good reason), downright scared really – about the escalation of drug gangs and weapons that could be harbored in run down rental houses. We know all too intimately about theft and property damage to our own homes, businesses and vehicles by people seeking the products of the dealers in our town.
We talk, among ourselves, and ask why the negligent owners of these rental properties are never brought to task over the obvious and deleterious neglect and harm they contribute to the community?
Several months ago, an astute Pottstown homeowner brought to the attention of other homeowners a Pennsylvania Law actually, two laws and an “act” that were crafted to protect the rights of people who can evidence nuisance properties and nuisance drug houses on their blocks. They are:
Public Nuisances, 18 Pa.C.S.A. § 6504, et seq.
Drug Nuisance Law, 42 Pa.C.S.A. § 838,1 et seq.
Expedited Eviction of Drug Traffickers Act, 35 P.S. § 780-151, et seq.
The Drug Nuisance Law is an eye-opener:
“Wherever there is reason to believe that a drug-related nuisance exists, THE DISTRICT ATTORNEY, THE ATTORNEY GENERAL, if requested by a district attorney, THE SOLICITOR for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any community-based organization may file an action in the court of common pleas to abate, enjoin and prevent the drug-related nuisance. Such actions shall be commenced by the filing of a complaint alleging the facts constituting the drug-related nuisance.
No bond shall be required to issue a preliminary injunction or special injunction sought by the DISTRICT ATTORNEY or the SOLICITOR FOR THE COUNTY OR MUNICIPALITY. A bond in an amount fixed and with security approved by the court may be required to issue a preliminary injunction or special injunction when the plaintiff is not the district attorney, the Attorney General or a solicitor for the county or municipality. Where such relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court shall not require a bond in excess of $500″.
***In other words, as I understand it, residents within 1000 ft of a drug house, have the right to bring a civil action but they would, most likely, have to purchase a bond while the officials listed above require no bond to bring action on behalf of the residents. In light of the financial hardships the purchase of a bond would present to most good people here, bringing suit without the aid of the officials listed above is not a viable option for most.
We face these challenges alone, in frustration and fear, because we have had no guidance and no clear answers from our local officials while income property owners freely rent to drug dealers and criminals (of course not all of them do) but an alarming number have no compunction about it.
Expedited Eviction of Drug Traffickers Act (Refs & Annos) § 780-152. Legislative findings -
The General Assembly finds and declares as follows:
(1) “All citizens, regardless of their income or economic status, have the right to be safe and secure in their residences. All citizens further have the right to live and raise their children in apartment complexes, neighborhoods and communities which are free from the destructive influence of drug dealers and drug-related crime and violence.”
We hope you will see the value of attending the meeting on Monday, Feb. 16th and take some time to familiarize yourselves with this information~!
Here’s the link:
http://reg.abcsignup.com/files/%7B28C5CDFA-B871-4CC5-9AFB-91D00628F4A4%7D_39/34387/Blight_statutes.pdf
