HomeMy WebLinkAboutA002 - Council Action Form dated June 9, 2009 r �
ITEM # 43
DATE: 06-09-09
COUNCIL ACTION FORM
SUBJECT: ORDINANCE AMENDING RENTAL HOUSING CODE
BACKGROUND:
Since 2007 the City has taken measures to update Chapter 13 the City Code, which is the
City's rental housing ordinance. Most recently, a Council work session was held on June 2
to review the actual code language that had been developed by staff based on
recommendations from the ad hoc Rental Housing Advisory Committee. That evening
Council passed two resolutions with slight amendments to the code language. Those two
changes have now been incorporated into the proposed ordinance.
In response to other issues raised at the June 2 meeting, staff has prepared a few other
amendments to the proposed ordinance.
The first grew out of discussion concerning the interim use of the Building Board of
Appeals to hear appeals that might occur prior to the newly created Property Maintenance
Appeals Board being in place. Citizens voiced concern that the Building Board of Appeals
would need to be trained in the new Chapter 13, and may reach different conclusions than
subsequent rulings of the Property Maintenance Appeals Board. An alternative approach
has been developed that would allow for an appellant to decide which board he/she prefers
to use during this start-up period. Under this approach, the following choices would be
available:
1 . An appellant could request a faster decision by utilizing the Building Board of
Appeals until such time as the Property Maintenance Appeals Board is formed
and ready to conduct appeal meetings, and
2. An appellant could delay an appeal until such time as the Property Maintenance
Appeals Board is formed and ready to conduct appeal meetings.
The alternative approach could also be useful where an appellant needs additional time to
prepare for an appeal hearing. To accommodate these needs, the proposed ordinance
had added the second sentence to the following section:
Section 13.108(7) Meetings of the Board
The Board shall meet upon notice from the Building Official within 20 days of
the filing of an appeal, or at stated periodic meetings. An appellant may
waive a timely hearing by filing a written waiver explaining the cause for
seeking a delay.
In relation to appointment of the first set of board members, additional language has been
added regarding the appointing authority and terms of office. This will allow the Mayor and
Council to stagger the board members' original terms of office so that members' terms
expire at different times. The following paragraph mirrors a similar provision for the
Building Code Board and will address that omission:
Section 13.108(2) Appointments and Membership of Board
(b) Board members shall be appointed by the Mayor with the approval of
the City Council. The term of office shall be for three (3) years, except for the
terms of office for the Board when initially established. For the Board when
initially established, the Mayor may prescribe a shorter than a full term of
appointment in order to stagger terms. No member who has served two (2)
full consecutive terms is eligible for reappointment.
The provision which follows this one presently would be re-lettered to become 13.108(2)(c).
The changes above are included in the code language presented to the Council for first
reading on June 9.
Finally, at the June 2 meeting rental managers and owners expressed a desire to return to
the past practice of receiving a report of inspection results at the time of the inspection.
The Building Official is committed to fulfill this request and has since developed an
implementation plan. It will be the goal of the Inspections Division to leave a preliminary
report at the time of inspections, and if needed to issue a more detailed report at a later
date soon thereafter with the code sections of violations identified. It will be the
Inspections Division goal to implement this change by October 1, 2009.
The new ordinance will be presented for second and third readings on June 16 and 23,
respectively; and will become effective on July 1, 2009.
ALTERNATIVES:
1. Pass on first reading the new Chapter 13 Rental Housing Code with the amendments
noted above.
2. Direct staff to make additional amendments to the proposed Rental Housing Code
and place this action on a future agenda.
3. Do not pass this ordinance on first reading, and delay implementation of these
changes for at least six months.
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MANAGER'S RECOMMENDED ACTION:
Many community members—including landlords, rental unit owners, tenants, neighborhood
representatives — have contributed to the revisions included in the proposed new Rental
Housing Code. These changes add greater clarity for landlords and City staff as the code
is followed and enforced. Modifications have been made in many unclear or controversial
areas by balancing the needs of different constituent groups. As the preamble states, this
code will be a useful tool as our community continues "to ensure public health, safety and
welfare in so far as they are affected by the continued occupancy and maintenance of
[rental] structures and premises."
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the proposed new Rental Housing Code.
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