HomeMy WebLinkAboutA007 - Council Action Form dated April 26, 2011 ITEM # 38
DATE: 04-26-11
COUNCIL ACTION FORM
SUBJECT: REVISION TO RENTAL HOUSING CODE (CHAPTER 13)
BACKGROUND:
Attached are revisions to the Rental Housing Code (Chapter 13 of the Municipal Code).
These revisions codify changes as directed by City Council at its December 10, 2010
meeting. As recently as last week, Staff met with an Ames Rental Association
representative as this proposed ordinance was being prepared for first reading, and their
additional feedback has been incorporated into the proposed ordinance.
The process leading up to these proposed changes extends over the last three years. In
2008, the Council directed staff to form an ad-hoc committee to study revising the Rental
Housing Code. A representative group of tenants, small to medium landlords, large
landlords, and neighborhood representatives spent nine months meeting to develop
recommendations. Their recommendations were discussed by Council six times in 2008.
In 2009, Council held four additional public discussions regarding rental housing. The
current revised ordinance became effective on July 1, 2009.
On April 20, 2010, Council held a fact-finding workshop with members of the business
community to identify codes, policies, and procedures that are impediments to
development. Several landlords expressed concerns about the City's rental housing
inspection program and enforcement of Ames Municipal Code Chapter 13 that had been in
effect for nine months. The Ames Rental Association (ARA) was formed, and additional
public discussions with Council occurred during 2010. Significant staff resources were
devoted to meetings and discussions with leaders of the ARA during this period to achieve
resolution of all possible concerns, as well as to identify those remaining issues that
required Council direction.
The following City Council discussions on this subject were conducted in late 2010:
■ 9/29/10 — Presentation by Ames Rental Association, Presentation and
Recommendation by Property Maintenance Appeals Board, and
Public Input
• 10/19/10 — Roundtable discussion regarding Rental Housing Code
■ 11/9/10 — Staff report on modifications to Chapter 13, Rental Housing Code.
Council direction to City Attorney to draft ordinance.
■ 12/14/10 — Workshop on Rental Housing Code pertaining to Plumbing Code
issues
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In considering this subject over this time period, Council utilized the following four staff
reports:
• September 24 — Response to Requests for Changes to Chapter 13, Rental Code
• September 27 — City Attorney's Comparison to other Cities' Rental Codes
• November 29 — Report on Rental Housing Modifications
■ December 10 — City Attorney's analysis of State Plumbing Code Requirements
Twenty-eight requests for code modifications to the current code were requested by the
ARA. After discussions with ARA representatives and the City's Property Maintenance
Appeals Board, on December 10, 2010 the City Council directed staff to make twelve
additional modifications to Chapter 13. The twelve modifications directed by Council
generated changes to thirteen code sections, a summary of which follows:
1) Sec. 13.108 Time to file for an appeal was increased from 20 days to 30 days.
Sec. 13.108(1)(c) The code can be adequately satisfied by other means and specific
proposed alternative actions that will provide an "equivalent degree
of code compliance" rather than an "increased degree of code
compliance."
2) Sec. 13.200(1)(c) A definition of administrative approvals has been added.
3) Sec. 13.301 Letter of compliance will remain effective until its noted expiration
date or it is revoked by the Building Official
4) Sec. 13.301 (10) A transitional letter of compliance section was added for three
specified situations where rental will be allowed for non-code
compliant residences for a period of under one year.
5) Sec. 13.302 (7) Section to be deleted to allow transfers of ownership of rental
properties without need for an additional inspection.
6) Sec. 13.403(1)(b) An exception for direct vent appliances was added.
7) Sec. 13.403(1)(d) A requirement to pave driveway approaches was removed.
8) Sec. 13.406(8)(b) Changes pre-existing parking areas that are non-compliant, so that
they may be rearranged.
9) Sec. 13.407(3) Surfaces designed for stabilization by oxidation are exempt from
paint treatment requirements.
10) Sec. 13.600(4) Allow the continuation of basement showers and tubs to drain
across floor to floor drain if maintained in a sanitary condition.
Allow unvented traps for up to 5 years. All unvented traps must be
brought into code compliance no later then July 1 , 2016.
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11) Sec. 13.602(3) Bathroom carpet in a sanitary condition can be kept for one
inspection cycle.
12) Sec. 13.702 Defines and further clarifies pre-existing conditions and
requirements for non-compliant furnaces in shared occupancies.
13) Sec. 13.802(4) Fire protection systems — extends the time for compliance for
buildings with lockable common hallways of six dwellings or more to
install Knox box systems from July 1, 2011 until July 1, 2012.
The attached ordinance incorporates these changes as directed by the City Council at its
December 10 meeting.
ALTERNATIVES:
1. Approve the attached revisions to the Ames Rental Housing Code - Chapter 13 of the
Ames Municipal Code. This ordinance will be in full force and effect from and after its
passage and publication as required by law.
2. Direct Staff to make additional revisions to the Ames Rental Housing Code.
3. Do not approve revisions to the Ames Rental Housing Code at this time.
CITY MANAGER'S RECOMMENDED ACTION:
The issues before the Council contain a delicate balance between property owners' rights,
tenants' rights and safety, and the property values of those in the neighborhood of rental
units. During Council's review of this topic, the City Attorney clearly stated that there is a
legal precedent and basis for differentiation between rental and private occupancies. The
City Attorney clarified the community's legal obligation to maintain a rental inspection
program, and detailed how the State Plumbing Code places restrictions on our own local
plumbing code. A study of Ames' ordinance compared to comparable cities showed a wide
variance of enforcement programs, but did not indicate that Ames' ordinance was overly
restrictive. Considerable effort has been made to provide a balanced approach to this
contentious subject.
Inasmuch as the Council, community, and staff have devoted a tremendous amount of
effort to evaluating how best to regulate rental housing in the community, and in
accordance with Council's directions given on December 10, 2010, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby
approving the attached revisions to the City's Rental Housing Code.
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