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HomeMy WebLinkAboutA002 - Council Action Form, October 21, 980 COUNCIL ACTION FORM NO: 10-21-80 SUBJECT: Staff comments regarding Revised Rental Housing Code BACKGROUND: The City staff has reviewed the proposed Rental Housing Code and would offer the following comments and recommended changes to this proposal. 13.9 INSPECTIONS (5) (c) pages 7 & 8 Comments: The staff questions the need in providing prior notice to the general public as indicated in this subsection, since prior notice of an inspection now is given in writing to the landlord of each property which will be inspected by the Housing Inspector. Furthermore, the State of Iowa Tenant-Landlord Bill requires each landlord to give prior notice to tenants of an upcoming inspection. Recommendation: Since it is believed that adequate notification is being given to all parties affected by the inspection, it is recommended that this additional procedural hurdle not be included in the final code. 13.17 HEARING page 13 Comments: The staff takes exception to the proposed amendment which would require the $20 filing fee be returned to an appellant who prevails at a Appeal Board hearing. The $20 filing fee is designed to recoup the actual administrative costs involved in the appeal process, including duplication of appeal materials, publication of notice of hearing, and postage. It should be emphasized that fees for appealing before the Zoning Board of Adjustment or for petitions for rezoning before the Planning and Zoning Commission are not forgiven any reasons. According to State Law, these types of fees are to be reasonable in the context of the cost of the service being provided. Recommendation: Since this $20 fee is designed to recoup the actual costs incurred by the City Clerk's Office in processing this appeal, it is believed that this fee should not be returned to an appeallant who receives a successful ruling before the Appeals Board. Therefore, it is recommended that this provision be stricken from the proposed ordinance. 13.22 CONSTRUCTION (2) (1st paragraph) page 15 Comments: The first paragraph of the second section adopts similar tie-down and ground anchor requirements as those specified in the Mobile Home Park Ordinance. Since the City Staff does not possess the technical skills to handle these types of inspections, the State Building Commissioner will be responsible for enforcing the Mobile Home Ordinance. As you know, this ordinance deals only with the construction and installation of new mobile homes, while the anchor requirements proposed in the Rental Housing Code deals with all mobile homes which are utilized as rental property. The State Building Commissioner, however, is not empowered to enforce this type of restriction on existing mobile homes. t " -2- Recommendation: The approval of this paragraph creates an inconsistency with the Mobile Home Park Ordinance in that the MHPO pertains only to new installations while this section of the rental housing code pertains to all existing rental mobile homes. This inconsistency, coupled with the fact that our City personnel are not sufficiently knowledgable in this technical area, and the State Building Commissioner cannot assume responsibility for these inspections, leads us to recommend that this section of the proposed Rental Housing Code be eliminated. 13.29 ELECTRICAL (5) page 17 Comments: The proposed language reads "Each habitable space or room shall have at least two electrical outlets, and an overhead light may be counted as an electrical outlet". It is staff's opinion that all habitable rooms or spaces should be able to be lit instantlywhen an individual enters a room in the interest of occupant safety. Therefore. it is crucial to require more than two electrical outlets. A more preferable requirement would call for- the existance of either overhead lights and switched electrical outlets. Recommendation: From a safety standpoint, the language in this section should read, "Each habitable space or room shall have at least two electrical outlets, with one being an overhead light or a switched electrical outlet, and the other being a switched or unswitched electrical outlet". 13.33 SMOKE DETECTORS ULA APPROVED (2) page 19 Comments: The proposed language specifies that smoke detectors will be required only in those areas "containing an intended sleeping area". The word "intended" is sufficiently ambigious to create an element of uncertainty in enforcement. It is not uncommon to obtain a response from a landlord or tenant that a certain sleeping area is not "intended", but rather temporary in nature. Recommendation: It is the staff's opinion that if a tenant routinely sleeps in a certain area, be it intended or not intended, protection should be provided by installation of smoke detectors. Therefore, it is recommended that either the word "intended" be stricken from this section because of its ambiguity, or that specific guidelines be created to assist the staff in determining what circumstances would qualify as intended or not intended. The staff would also like to offer revisions to two sections which were not altered by the Rental Housing Committee. 13.28 PLUMBING & HEATING (3) page 17 Comments: It is believed that the existing provision is not sufficient enough to protect the inhabitants of rental units. Even though risks are minimized somewhat through the present requirement of outside combustion air and automatic shutoff devices for fuel feeding, the staff believes that fuel burning space heaters offer a potential hazard to the occupants. Recommendation: Realizing that many individuals throughout the City are utilizing this type of heating apparatus, and the effect of a total ban would have far reaching effects, the staff would prefer that all non-electric space heaters be banned from use in these rental units. fI -3- 13.35 MINIMUM REQUIREMENTS, FIRE, SAFETY (1) page 19 Comments: The existing language in this section stipulates that the Appeal Board may grant variances to Fire Safety standards for rental units established by the State Fire Marshal. This individual promulgates fire safety standards for structures such as apartments, lodging houses, dormitories, etc. It is the staff's belief that when dealing with these types of structures, only the State Fire Marshal can grant variances. Recommendation: It is recommended that the wording of this section be altered to reflect the Appeal Board's limited authority to grant variances for one and two family dwellings.