What to watch: The Midland City Council will vote Tuesday, June 9, on a new property maintenance ordinance that would allow the city to regulate the interior and exterior conditions of every property in Midland, regardless of whether the property received a complaint, is vacant, or poses a health or safety hazard.

City officials say the ordinance would allow the city to address substandard properties more quickly. However, the ordinance applies a minimum upkeep standard to every home, rental property, business, church, and building in the city.

Under the 18-page proposed code, chipped interior paint, window screens, gutters, fence repairs, interior doors, smoke alarms, and roughly 75 maintenance standards in total would become matters of city law. Violations could carry fines of up to $500 per day, per violation, potentially resulting in tens of thousands of dollars in penalties per day.

Why it matters: As of April, the city had a list of about 80 substandard properties in Midland it wanted to address. Midland contains roughly 60,000 housing units, as well as thousands of businesses, churches, and other properties. Yet council is considering imposing a maintenance code on every property in the city because a small number have become difficult to address.

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The big picture: The proposed ordinance states that it applies to “each owner, operator, and occupant of each structure and premises within the City.” Among other requirements, the code would require property owners to:

  • Eliminate peeling, flaking, and chipped paint on exterior and interior surfaces.
  • Maintain interior walls, windows, and doors in good condition.
  • Remove oxidation stains from exterior surfaces.
  • Keep roof gutters and downspouts free of obstructions.
  • Ensure every operable window has a properly fitting insect screen.
  • Keep refrigerator door gaskets clean.
  • Maintain interior doors so they fit reasonably within their frames.
  • Trim tree limbs to specified clearances above streets and sidewalks.
  • Ensure kitchen counter corners aren’t difficult to clean.

In practical terms, the condition of paint on the inside of a Midland resident’s home would become subject to city ordinance. The ordinance also creates a strict-liability offense, meaning the city need not prove that the property owner intended to violate the ordinance, knew of the violation, or was negligent. The condition itself would constitute the violation.

The other side: City officials will likely argue that they will target the worst properties, not ordinary homeowners. That may be true, but we should judge laws by what they allow, not by assurances about how current officials intend to use them.

Reality check: The ordinance contains no requirement that enforcement be complaint-driven, limited to vacant properties, or restricted to health and safety hazards. Instead, it gives the city broad discretion to determine when a violation exists and when to enforce action.

That distinction matters. A narrowly tailored ordinance targets a specific problem. A broadly written ordinance creates authority that extends well beyond the original problem.

If city officials do not actually believe the ordinary Midlander’s chipped interior paint, insect screens, fence materials, or interior door fit are matters worthy of enforcement, then they should not include those provisions in the code. Once adopted, they become enforceable city law regardless of how the current council or staff intend to use them.

The bottom line: The Permian Press urges council to reject the property maintenance ordinance.

Good limited government solves problems with the narrowest authority necessary. The proposed code permanently expands municipal authority over private property.

What’s next: If council believes it needs additional authority to address substandard buildings, it can strengthen the city’s existing tools for substandard property. There is a companion ordinance on Tuesday’s agenda that proposes several such changes.

What council should not do is use a limited problem as justification for a citywide regulatory code that applies to every property owner in Midland.