HomeMy WebLinkAboutA002 - Letter with Proposed Ordinance to Housing Appeal Board 50010
CITT 11 - fill
515/232-6210
FE
LED�''�`'
August 29, 1985 P
9
CLERK
Keith Denner, Chairman AMES. IOWA
and Members of the Housing Appeal Board
of the City of Ames, Iowa
In re: Proposed Ordinance Change-Filing Fees
Dear Chairman Denner and Board Members:
At the last meeting of the Housing Appeal Board members expressed con-
cern about situations in which an appellant may be able to receive a
refund of an application fee. Currently, Section 13. 17 of the Ames
Municipal Code provides for return of the application fee to "an appel-
lant who prevails at the hearing". Board members indicated that the
section, as currently written, did not express the intent of the board
who believed the filing fee should be returned only to those applicants
who successfully challenge an erroneous determination of the housing
inspector.
Concern was also expressed as to whether tenants may recover the filing
fee if they are successful in obtaining relief under Section 13. 11 of
The Code which provides "repair and deduct" and "rent escrow" relief
when the landlord fails to abate code violations. An examination of the
code revealed that Section 13. 11(7)(b) allows the tenant to recover the
filing fee from the escrow account. No similar provision is available
for the repair and deduct remedy.
At your direction I have prepared ordinance changes which (1) provide
for a refund of the filing fee to applicants after a hearing in which
the board overrules an erroneous decision of the housing inspector, and
(2) permit a tenant who receives board permission to repair and deduct
to recover the cost of the filing fee from the owner. A copy of the
draft ordinance is attached for your review, discussion, and
recommendations.
Sincerely,
Beth Ringge ew
Assistant City Attorne
BR/bw
Encl.