Man Wins Battle In Fight Against Mandatory Rental Inspections
By Mark Ackerman and Andrea Flores
FEDERAL HEIGHTS, Colo. (CBS4) - Whoever said you can't fight city hall has never met Ernie DeHerrera.
For months the Federal Heights man has refused to let government inspectors inside his rental home saying the city's mandatory inspection program was an invasion of privacy.
DeHerrera fought the case in court, spoke out at city council meetings, circulated petitions to recall the mayor, and flat-out refused to let inspectors onto his property when they showed up at his home with a warrant.
But Wednesday, Federal Heights City Manager Jacquie Halburnt ordered a "stay" on DeHerrera's rental inspection until Federal Heights City Council can change an ordinance, that as currently proposed, would remove single-family rental homes like DeHerrera's from the mandatory inspection program.
The move came just hours after DeHerrera represented himself in court and successfully fended off a contempt charge that would have landed him a $500 per day fine until he complied with inspectors. He was able to convince the judge to dismiss the contempt count by finding a legal loophole stating the warrant wasn't served in the mandated 14-day period.
"It's a small win for me," said DeHerrera. "However, they are still trying to force their way into my house."
Moments after the contempt case was dismissed City Prosecutor Matthew Munch asked Judge Roger Bucholz to sign a new warrant, forcing another mandatory inspection on DeHerrera's home.
Then Halburnt stepped in, and not only ordered a stay on DeHerrera's inspection, but halted all rental inspections of single family homes, until city council can make changes to the program.
"The city council directed staff to prepare an ordinance that removes single family homes from the program and adds an option for a private inspector at the owners' expense," said Halburnt, who said any official changes could come as soon as next month.
The Federal Heights rental inspection program was designed to cut down on slum landlords and make sure every resident had a habitable place to live. Multi-unit rental properties are still part of the program.
