New Gulf Shores, Orange Beach eviction codes have ‘teeth’

BY JOHN MULLEN johnm@gulfcoastmedia.com
Posted 3/10/16

GULF SHORES, AL – Perhaps when classes resume, an English professor might assign a series of essays: How I was thrown out of my spring break condo; a collection of seven essays.

As police ramp up enforcement with more officers from more …

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New Gulf Shores, Orange Beach eviction codes have ‘teeth’

Posted

GULF SHORES, AL – Perhaps when classes resume, an English professor might assign a series of essays: How I was thrown out of my spring break condo; a collection of seven essays.

As police ramp up enforcement with more officers from more agencies, undercover officers and direct beach patrols, both Gulf Shores and Orange Beach have added ordinances to hasten the departure of unruly guests. These would apply if seven conditions added to the ordinance are violated.

Gulf Shores city magistrate Ken McKenzie detailed the seven missteps rental guests can make to cause eviction at a March 2 meeting between officials in both cities and members of the property management industry.

“This gives us more teeth,” McKenzie said.

During the same meeting Chief of Police Ed Delmore detailed changes made at the city jail during spring break. And Sgt. Paul Maliska asked rental agents to be quick to ask police for help before situations escalate.

“We have new tools available to us that we haven’t had in the past,” Delmore said. “Specifically talking about a new ordinance that both Gulf Shores and Orange Beach have passed.”

With the new ordinances property managers can ask for eviction if any of the following seven violations are observed:

  • Illegal possession of controlled substances;
  • If they are intoxicated, lewd, profane or brawling, or illegally in possession of alcoholic beverages;
  • Indulging in language or conduct that disturbs the peace and comfort of the occupants of neighboring accommodation units;
  •  Engages in or allows intentional or wanton misconduct resulting or likely to result in material damage to the premises, the unit or its furnishings;
  • Allow occupancy of the unit by persons exceeding the maximum occupancy, if any, specified in the vacation rental agreement and;
  • Fails to check out at the time agreed upon.

“That was passed as a result of some incidences that have occurred with management companies,” Delmore told property agents at the meeting. “We were approached and worked with you all to get that ordinance in place. It is perfect timing.”

Police officers will be not be performing the ejections, but will be present as property agents give the notices.

“To make it clear we are not in the business of ejecting,” Delmore said. “We are not ejecting, you are. We are there to stand by and to make sure you are safe during that process and make an arrest if appropriate and necessary.”

Delmore also gave details on how his department handles, and has handled in the past, the increased arrests in at the city jail.

“We actually have made arrangements in advance with both the Sheriff’s Department and the Foley Police Department and with Orange Beach sharing jail space,” he said. “What we typically do is take our permanent jail population that we have, we transfer all of them in advance of spring break to the Foley PD.”

Foley’s jail has 55 holding cells, Gulf Shores eight and Orange Beach seven. The Baldwin County Corrections Center in Bay Minette can hold more than 700 prisoners.

The spring break crowd is generally a fluid jail population, Delmore said.

“We can fill up our jail, empty it out in the morning, fill it up again and so on,” Delmore said. “Rinse and repeat.”

Maliska urged property management agents to be proactive about noticing potential problems early and notifying police quickly.

“We can’t be everywhere but we will be out there,” Maliska said. “We rely on you to help us so we can respond, investigate and take care of business if it needs to be taken care of. Our strategy is to get down there, show our presence, arrest if necessary and make sure peace is maintained on the beach.”

Police will be present in the form of beach enforcement officers, sworn officers assigned to the beach, increased staffing and help from Baldwin County Sheriff’s deputies.

“You will see officers on the streets, walking around and on the beach,” said. “You will see us. We will be out there.

“We want them to understand that we will not tolerate it and then the word gets out.”