HomeMy WebLinkAboutItem 06 Correspondence from Jim Daubenspeck with staff response
MEMORANDUM City of Springfield
________________________________________________________________________
DATE: May 15, 2012
TO: Gino Grimaldi, City Manager
FROM: Len Goodwin, Development & Public Works Director
Jackie Murdoch, Current Planning
SUBJECT: Business License Information
________________________________________________________________________
Our office recently notified owners of duplex and tri-plex properties in Springfield that a
business license is now required for their properties. Approximately 1,500 notices were
sent using a list developed using Lane County Tax Assessor’s information.
An ordinance amending the Springfield Municipal Code, Section 7.340 “Rentals” was
approved on July 5, 2011. The new definition now defines rentals as single family
homes, duplex houses, triplex houses as well as four-plexes and apartments. For many
years the City required a Business License for four-plexes and above; the amendment
now makes all rental units subject to a license. The amendment was approved following
two public hearings. Prior to the hearings letters were sent to companies and individuals
who own multiple rentals that are affected by the change. The cost of the license remains
$10.50 per unit, owner occupied units are not required to have a license.
Although the ordinance was approved last July, we were unable to implement the new fee
promptly for a number of reasons. First of all, we discovered that current City software
could not accommodate the increased number of licenses. In retrospect it might have
been prudent to not attempt to collect licenses fees retrospectively. Given the passage of
time between enactment, when the last opportunity for public notice occurred, and
implementation, it would have been prudent to provide renewed public outreach to
remind the affected property owners, either directly or through their representative
organizations, of renewed information on the program and its rationale.
Second, the nature of the data maintained by the Lane County Assessment and Taxation,
our sole source of information on ownership and occupancy of residential properties, did
not provide adequate accurate information. As a result, when we sent out notices in May
to owners of duplexes and triplexes there were too many circumstances where we failed
to note that a property owner resided in a unit of a covered building. As a result we sent
a request for payment for all units. That resulted in a number of interactions with the
public to sort out which of many units should not be subjected to the fee because they
were owner-occupied.
Finally, because of the volume of licenses we did not send out notices for non-owner
occupied single family residences. At the time, it was our intent to send these notices
separately. Because of the high level of citizen energy that was generated by the recent
events, we are considering whether or not to defer sending out those notices until much
later in the fiscal year.
City Building Inspectors and Code Enforcement staff routinely respond to calls and
complaints from tenants and property owners concerning habitability issues, nuisance,
Development code and Building code violations. Complaints are responded to within
three business days with over seventy-five percent are resolved within 30 days. The cost
of the program is paid from the City’s General Fund; revenues from the Business License
program are paid into the same General Fund and can be used to offset the costs of these
programs. (A list of the more common types of complaints is attached.)
We have received a number of phone calls since sending out the notices. Callers have
not always been happy with the new license and have objected to not having had prior
notice. In order to address those issues, we have not sent the notices to owners of single
family properties. It is important, however, to put this in perspective. In total we sent out
1,500 notices. To date, we have received approximately 409 application totaling over
$8,500 in revenue with more applications arriving each day.
Clearly there would be value to reviewing our process in implementing the new fee, so
that we can avoid creating unnecessary public concern. Before any further billings are
sent, we will develop a program of advisories to the media, to interested professional
groups representing landlords, and to major property owners, to provide information
about the program, why the new license fee was put in place and what benefits a landlord
can expect as a result of the new program.
Community Services Division
Staff responds to complaints regarding violations of the Nuisance Ordinance; Springfield Development
Code land use regulations and Building Safety Codes.
Springfield City Code Section 5.002 Nuisances includes such things as:
• Accumulation of household garbage on private property;
• Accumulation of used materials on private property and in public view. This includes used
building supplies, tires, cartons, paper, scrap, junk, used furniture; appliances, etc.
• Abandoned, unattended, discarded ice‐boxes, refrigerators or other containers accessible to
children;
• Stored, inoperable or damaged vehicles whether licensed or unlicensed and partially or wholly
dismantled on private property;
• Conditions attracting rodents;
• Premises which are in such a state or condition as to cause an offensive odor;
• An accumulation of stagnant or impure water where mosquitoes or other insects may breed.
The Nuisance Ordinance is enforced inside City limits only.
Springfield Development Code:
• Enforcement of conditions of site plan approval, minimum development standards, variances,
refinement plan standards, home occupation standards, discretionary use permits, development
standards for all residential, commercial and industrial properties;
• Activities conducted in the wrong zone;
• Vision clearance problems;
• Setback violations;
• Fence setback and height ;
• Illegal use of recreational vehicles.
Building Safety Codes:
• Springfield Housing Code
• Vacant buildings which are open and accessible
• Dangerous or hazardous buildings
• Building without permits.
Land Use and Building issues are enforced both inside City limits and the Urban Growth Boundary.
The Springfield Housing Code, in part, requires the following:
• Each dwelling unit is to be provided with a water closet, a lavatory, and a bathtub or shower.
Each dwelling unit shall be provided with a kitchen sink. All plumbing fixtures shall be
connected to a sanitary sewage disposal system. All plumbing fixtures shall be connected to an
approved water supply and provide hot and cold running water.
• Each dwelling and habitable room shall be provided with natural light by means of windows
• Each dwelling shall be provided (in lieu of windows) a mechanical ventilation system.
• Every building shall be weather protected to provide shelter for the occupants against the
elements and to exclude dampness.
• Every dwelling unit shall be weather protected to provide shelter for the occupants against the
elements and to exclude dampness.
• Every dwelling unit and guest room shall be provided with heating facilities capable of
maintaining a room temperature of 68 degrees at 3 feet above the floor in all habitable rooms.
• All sleeping rooms must have an escape window with a minimum clear opening height
dimension of 24 inches.
• Where there is electrical power available within 300 feet of the dwelling, each habitable room
shall contain at least two supplied outlets and one light.
• The structure shall be equipped with smoke detectors.
• When a structure has been identified as having two or more deficiencies, the Building Official
may identify the structure as substandard and require corrective action.