STEUBENVILLE — City Manager Mike Johnson fired back at a property owner trying to get around a Neighborhood Conservation District rule prohibiting him from renting a property he owns on Alvaredo out to anyone, including family members.

NCD’s were adopted in 2014 by 25 neighborhoods in Steubenville. The rationale, as Johnson explained Tuesday, was to protect the privacy of residents and to minimize noise, congestion and nuisance impacts by regulating types of rental properties; maintain an attractive community appearance and to provide a desirable living environment for residents by preserving the owner-occupied character of the neighborhood; and prevent excessive traffic and parking problems in the neighborhoods.

To be designated as an NCD, at least two-thirds of the property owners in the target area had to sign off, and every property owner in the zone had to receive and initial a fact sheet detailing their rights and responsibilities. Rental properties existing before the neighborhood conservation district were grandfathered in so long as the owners renewed their rental registry as required, they could remain.

Johnson said the NCD legislation “was very popular with the citizens of Steubenville, as evidenced by 25 neighborhoods across the city that elected to create NCDs.”

“The neighborhood conservation district legislation is fulfilling its intended purpose and is contributing to maintaining an attractive community appearance and desirable living environment for the residents,” Johnson said. “This is evidenced by a review of the city’s current demolition listing: 86 houses are currently listed for demolition. However, only one house on the demo list is in an NCD. I am sure a similar review of building code violations will reveal a similar finding.”

He said Steubenville is not the only city in the country with neighborhood conservation districts, and pointed out the Steubenville legislation was modeled after similar enacted legislation in Oxford and East Lansing, MI.

“No neighborhood conservation district law anywhere in the country has been found to violate the Federal Fair Housing Act,” he added. “The Steubenville law was challenged by the Ohio Civil Rights Commission, but that case was settled with the Steubenville law remaining in effect with a slight modification. Since the Steubenville neighborhood conservation law remains in effect, as city manager I must enforce the law until the law is either repealed by city council or is found to be unconstitutional by a court of law.”

Johnson said both he and his predecessor, retired city manager Jim Mavromatis, had spoken with the property owner, along with the law director and planning director.

“(He) told me that the only acceptable way to resolve the issue to his satisfaction would be for the city to allow him to rent out the property,” Johnson said. “It remains the city’s position that is not allowable according to the law.”

The property owner in question also contends he is “allowed to temporarily rent the property out according to the law, since the property is actively being offered for sale to the public.”

“The law does contain an exception for temporary rental units if the property is actively being offered for sale,” Johnson said. “The issue in dispute is whether the property is being actively offered for sale. On Aug. 7 (he) purchased the property for $73,200. The only building permit (he) requested was a $46 permit for HVAC work (but) he initially listed the house for sale at $495,000. The city took the position that the house was not actively listed for sale since the sales price was not listed at a price anywhere near fair market value.”

Black’s Law Dictionary defines fair market value as the amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts,” Johnson said.

“I explained the city’s position on whether the property was actively listed for sale last Wednesday to (him). Five minutes after our conversation, he informed me that he lowered the price to $295,000. Based on sales comparable, the city’s position remains that at a sales price of $295,000 the house is not deemed to be actively listed for sale. As such, the property does not qualify for the temporary rental exception,” Johnson said, adding that it’s apparent the city and property owner will be “unable to come to an agreement” concerning the property.

“If (he) believes the city is incorrect in its application of the law, his next step would be to challenge the city’s position in a court of law,” Johnson concluded.