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HomeMy WebLinkAbout05/18/2015 Work SessionCity of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY MAY 18, 2015 The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, May 18, 2015 at 6:15 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Mary Bridget Smith, Administrative Assistant AJ Ripka, and members of the staff. Councilor Ralston was absent (excused). 1. Discuss Utilizing a Self -Certification Inspection Housing Checklist as a Submittal Requirement for Licensing Rental Properties. Matthew Ruettgers, Building and Land Development Manager presented the staff report on this item. In the City of Springfield's continued commitment to safe rental housing, staff from the Building Safety Program, Fire Marshal's Office, and City Attorney has researched and developed a Self - Certification Inspection Housing Checklist. This Checklist would be added to Municipal Code Section 7.342 and would become a requirement of the application and renewal of business licenses for rental properties containing 4 units or more. The inclusion of this form in the licensing/license renewal process would require property owners to evaluate and verify the condition of their rental properties and self -certify that the minimum requirements for health and safety protection, and the preservation of these dwellings, have been met at the time of application for business license or annual license renewal. Mr. Ruettgers said this discussion was initiated by the City Manager's office to research how other jurisdictions dealt with rental housing. The intent of the checklist is to bring awareness to and provide property owners with information regarding minimum requirements contained in State/International Building and Fire Codes for the occupancy of rental units. Failure to submit a completed checklist with all applicable items verified would result in the denial of the rental license or license renewal. Staff presented these Municipal Code amendments at a public hearing (First Reading) on May 4, 2015. At the conclusion of the public hearing Council agreed to meet at work session for additional discussion of this proposal prior to a potential second reading and adoption. Councilor Woodrow said she understood the intent of the checklist. A property owner could self- report that everything was fine in order to get their license, while inadvertently overlooking some things. She asked what would happen to that property owner. Mr. Ruettgers said self -certification would be taking the property owner at their word regarding the requirements. If it was discovered they did not verify some of the information, the license would not be issued and it would become a land use or code enforcement issue. When they looked at developing this checklist, they looked at what other jurisdictions were doing from no specific requirement C�( City of Springfield Council Work Session Minutes May 18, 2015 Page 2 (Springfield's current policy), to an education process in which a checklist similar to that presented would be provided to the property owner along with the license, to the self -certifying option being presented, to a required inspection. Eugene uses the required inspection on some of their sorority and fraternity houses. The most extreme circumstances would be a rental housing code in which they would have required inspections, which could result in fines for citations. Councilor Woodrow said her biggest concern is that we would be issuing a license based on the information the property owner is providing. She asked if the City had liability if something went wrong as a result of the owner reporting in error. City Attorney Mary Bridget Smith said the City would not have a liability if this had been explained as a self -certifying checklist. Councilor Pishioneri asked when the self -certification would occur. Mr. Ruettgers said the letter that would be submitted with the self -certification checklist would allow the property owner a set amount of time to complete, but would be required at the time of renewal. Councilor Pishioneri said in a renter/landlord agreement, it is the renter's responsibility to keep the property free of debris, etc. This put the onerous on the landlord, which could be an issue if the renter is not being compliant. Mr. Ruettgers said the checklist as set up does put the responsibility on the landlord. Mr. Grimaldi said the Council has the option of modifying the list. Councilor Pishioneri said this document may give some merit to potential negligence on a landlord who is trying to do their due diligence but is not qualified to do a certain level of inspection or work. He hasn't seen comments back from the major property owners in the City regarding this checklist. He would like to see those comments before he can support it. Ms. Smith said it could be used against a landlord, but would ultimately be based on the facts. In terms of the City finding a middle of the road policy decision to try to inform landlords of the kinds of conditions rental properties should be in, the checklist is intended to do that rather than building a rental housing code. Councilor Pishioneri said it would be appropriate to have the major property owners and managers provide this to their counsel for review and comment before moving forward in order to protect the landlords and the City. Councilor VanGordon said he would also like to see feedback from landlords. He asked about the section on doors and windows. He feels it is vague in the description of what it means to be in good condition. He would like to see that language made clearer. On the checklist, there is a box for "verify" or "not applicable", but not a place for "no". He would like that added to the form. If the landlord certifies and misrepresents the state of the property, the penalty is removal of their license. He would like some stronger language about lying to the City, the length of time of the denial and whether or not they could reapply. Councilor Moore asked if the requirements came from the Building Safety Code City of Springfield Council Work Session Minutes May 18, 2015 Page 3 Mr. Ruettgers said the Building Safety Code speaks to all residential structures. The checklist is based on the basic State standards, but has been simplified for the general public. Councilor Moore confirmed that there is not enforcement of the Building Safety Code requirements. Ms. Smith said this checklist is for property owners to get their license for rentals of four or more units. The City does have a code enforcement program for some things related to housing. The landlord and tenant have their remedies through State court and landlord/tenant court. Our enforcement in this context is limited to the ability to get a business license, which the City currently provides without a checklist, or to code enforcement issues, not building code issues. Councilor Moore spoke regarding a recent incident with an apartment building that did not meet the standards. She asked if they had a license. Mr. Ruettgers said they did have a license. Mayor Lundberg said this is a good faith effort to have some accountability. Under the current system, property owners just get their license. If nothing else, it provides a list of what the City expects the property owner to have in place which are the basic requirements. Councilor Pishioneri said he is not opposed, but would like more information. There are renters that will bring issues to the City's attention, and there are other renters that will not bring up the issues which leads to situations such as the fire at the apartment building downtown. This gives the City the ability to address this without being complaint driven, and gives a way to address problems. Councilor Woodrow said for the most part, there are good landlords that want to comply. This checklist gives them the opportunity to bring everything to their mind. The majority will go through this with diligence to make sure their property is livable. Councilor Moore asked if there is anything in this letter that states that the City can follow through with compliance, or inspect the property. It does not say that the City could go in and do an inspection. Mr. Ruettgers said the current process includes a courtesy inspection based on a complaint, or a reference to the renter to contact Legal Aid. An inspection prior to issuing a business license would be the next level of this process. Currently, the Fire Department does that for university housing in Eugene. For them to be able to do that on all rentals in Springfield would require additional staff. Councilor Moore asked if they could add a sentence stating "the City has the right to check for compliance" or something similar. She agrees that most landlords will be happy to comply, but those that don't need to be held accountable. Ms. Smith said she is hesitant to have that if the aim is to have a self -certifying checklist. The drawback is that the City doesn't have the ability to enforce and inspect. She understands wanting to let them know there is accountability. Councilor VanGordon suggested they bold and underline the section in the letter and checklist that the property owner has to go out and make the inspection, rather than just check off the boxes. Mayor Lundberg said she would like to hear from some of the larger property owners and managers. The smaller landlord may be able to physically check their properties, but owners of large apartment City of Springfield Council Work Session Minutes May 18, 2015 Page 4 complexes, etc. will not be able to do that type of inspection. They need to be careful in how they do this and what they say they are requiring. Councilor Wylie said some of the larger property owners would have to hire someone to inspect, which would be a cost. If they find violations, they then need to pay to have those repaired. Councilor Pishioneri said this could be precarious for the City to be involved in as these are civil matters. We have regulation through State law, but this would add another layer. Mayor Lundberg said the other choice is to do things the way they have been doing them. She asked staff to bring information on how many communities have something in place and does it accomplish the goal. Councilor Wylie said she is not opposed to making sure these facilities are safe, but they need to be careful how they are trying to enforce. Mr. Grimaldi said normally the business license renewals are due July 1. Trying to schedule another work session in time to meet that deadline is not doable. He offered some options for Council's consideration: • Put this off for one year • Don't make any change • Craft a reminder letter to property owners asking them to look at the requirements Mayor Lundberg said she preferred the option of sending a reminder letter. Councilor Wylie asked if these things were required for landlords anyway through State law. Ms. Smith said there are standards for landlord/tenant law which are called `habitability' which is a fairly low standard. There are State law responsibilities. Councilor Woodrow said she is comfortable with a reminder letter and looking at this in the future for other options. Mr. Ruettgers asked if the letter should include the items on the checklist as a reminder. Councilor Pishioneri said the letter could state that these are required and is a concern of the City. Councilor Moore said just stating that the Building Safety Code sets these requirements is enough. Mayor Lundberg asked staff to draft that letter. ADJOURNMENT The meeting was adjourned at 6:43 p.m. Minutes Recorder — Amy Sowa City of Springfield Council Work Session Minutes May 18, 2015 Page 5 Christine L. Lundberg Mayor Attests ^ Amy Sowa City Recorder