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HomeMy WebLinkAbout05/20/2013 Council Work Session May 20, 2013 Time as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:05 p.m. Nuisance Property Ordinance Submitted by Mayor Clark 4:20 p.m. Discussion of Rental Property Inspections Submitted by Craig Clark, Building Official/Maintenance Administrator. 4:45 p.m. Discussion of Phone System—Submitted by Matt O'Brien, Director of Technology. ADJOURNMENT Suzy Schares City Clerk MARIA ARMSTRONG From: CRAIG CLARK Sent: Tuesday, May 14, 2013 10:07 AM To: MARIA ARMSTRONG Cc: SUZY SCHARES Subject: Council work Session I need to schedule a work session for Monday night for at list 30 min for rental property Inspections. Craig Clark Building Official / Maintenance Admin. City of Waterloo 715 Mulberry St Waterloo, IA 50703 319-291-4319 craiq.clarkawaterloo-ia.orq t Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Chapter 7 Housing 9-7-1: TITLE: This chapter shall be known as the Waterloo HousingrCode and;will be cited as the housing code. (Ord. 3123, 1-5-1981 and through the2009 Edition of the International Property Maintenance Code.) 'Jv fE 9-7-2: PURPOSE: The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare,by regulating and controlling the use and occupancy, location and maintenance oY all.,residential:buildings and structures within this jurisdiction, and to establish a pr4ranikit regular rental inspections. (Ord. 3123, 1- 5-1981) Jr�l f,Idl�lYiiif°jf,'re.J 9-7-3: APPLICABILITY, ALTERATION Q , RE1 bCATION`- Deleted in its entirety. 9-7-4: DEFINITIONS ',? When used in this Chapter, the following tern fs`and words shall have the following meanings, unless the context clearI ' i,dicates hat a different meaning is intended. �J°'��!%✓�`fvff';Fr J'�,s,.l�1e j .'I'C'� BATH A bathtub o`r;4liowertta connected with both hot and cold water lines. E 1°r BUILDING CODE: The latest edition of the Building Code adopted by the city. CENTRAL HEATING SYS7.EM: A single system supplying heat to one or more dwelling unit(s)Jormore tlan`one rooming unit. CONDOMINIUM: A'dWelling unit which is in compliance or conformance with the requirements of Iowa:Code Chapter 499B. COOPERATIVE: A dwelling unit which is in compliance or conformance with the requirements of Iowa Code Chapter 499A. DINING ROOM: A habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. DUPLEX: Any habitable structure containing two (2) single dwelling units. The classification shall be determined by the existence of two (2) separate dwelling units, as defined herein, and shall not be based upon the identity of the occupants. FAMILY: One or more occupants of a dwelling unit. Ordinance No . 5134 Page 2 LIVING ROOM: A habitable room within a dwelling unit which is used or intended to be used primarily for general living purposes. MULTIPLE DWELLING: Any dwelling containing three (3) or more dwelling units. 9-7-5: LANDLORD LICENSE REQUIREMENT: A. No person shall lease, rent, or otherwise allow a dwelling unit or rental unit to be occupied, without a valid (Landlord) License obtained from the Clerk / Finance Office under the provisions of this Chapter. B. In order to be granted a Landlord License an applicant rnpst register all rental units(s) for which the applicant is the Owner of Local Ageent`by completing and filing a current permit registration form in paper form. iith`the City's Clerk / Finance Office, as provided in this Chapter, and paying all fees required by this Code. C. The requirements to the receipt of a LandJord`License include, . 1. All requirements of Section 9 7 6 pertaining to inspections:ere met; 2. All fees for the registration of*`rental units)..and License shall be paid in full; 3. All judgments in the City's favor and agarr5 (the applicant have been paid in full; 4. The applicant provides°theIGcensing Officer the name(s), address and telephone number(s) of fhe in y4.4al(s) responsible for the maintenance and management of the registered premises ; 5. All requirement of Section.9 1 B ate meet<on all property's D. Issuance of License I the Licensing Officer concludes as a result of the information contained in the applicatronthat the requirements for a Landlord License have been met, then the Officer:shall issue the Landlord License. E. A Landlord Licensetfee shall be established by resolution. F. f'Denial, suspension;.revocation, non-renewal. The Licensing Officer or Building r„ Official may revoke, suspen .,,deny or decline to renew any Landlord License or Rental Unit Registration issued under this section for any of the following grounds. " F 1. "False staternents on any application or other information or report required by,this section to be given by the applicant or licensee. 2. Faildre.tdipay any application, penalty, re-inspection or reinstatement fee required on any property by this section or City Council Resolution. 3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. 4. Failure to comply with the provisions of an approved mitigation / remediation plan by the Building Official or designee. 6. Failure to comply with the provisions of Title VIII of the Fair Housing Act of 1968 (as amended). 7. Allowing rental units to be occupied in a disorderly manner or failing to take reasonable and effective remedial action when disorderly conduct occurs. For the purpose of this subsection, a premise is disorderly when activities are allowed by the Landlord or Operator to continue violating the "Crime Free Lease Agreement" without any notable or reasonable effort to abate the nuisance(s) by such owners. a. Upon decision to revoke, deny or not renew a license, no new application for a Landlord License from the applicant or Licensee Ordinance No . 5134 Page 3 for the same dwelling or rental unit, or apartment house will be accepted for a period of one (1) year from the date of the decision. After the one (1) year period has expired, the Landlord may reapply but it does not constitute an automatic approval of that license depending on the specifics of the case. Further denials may follow the established appeal procedures if the applicant so chooses. b. A decision to revoke, suspend, deny or not renew a license or rental registration shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action. Until such license is reissued or reinstated, no rental units held by the licensee or the actual rental unit in question may continue to be occupied>or rented. 8. Failure to implement the Crime Free Agreement es outlined by this ordinance on all new and renewal lease agreements. G. Appeals. No Landlord License may be denled,,F.suspended,revoked, or not F., renewed without notice and an opportunity to.'be heard is given the applicant or holder of the Landlord License. In any instance where the Licensing Officer has denied, revoked, suspended, or not renewed a license, the applicantor holder of the Landlord License may appeal the decision'to.�the Housing Appeals Bard or f.F «.ac its equivalent by delivering notice of appeal Withir',r``(10) ten business days or receipt by the applicant or holder,of the Landlord License of the notice of the decision. The applicant or licensee.�will be given%an opportunity for a hearing before the Appeals Board. TheFdecisioh of the Appeal Board or any decision by the Licensing Officer, which is not appealed,in;accordance to this Chapter, shall be deemed final action. F F F F F ` FF r 1 FS. I /f f H. Order of Precedence toxevoke, susOend, deny or not renew a Landlord License. 1. First course of Action — Renter-Unit Registration(s) shall be revoked, suspended,.denied`or not reneved, if an owner allows a specific property or properties,to remajnra nui apce`or otherwise illegal and have failed to .take,responsible,reason an able d verifiable actions on a timely basis to remediateAheviolation(s). Second course of Action — Landlord/Operators License shall be revoked, suspended,`denied"or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain a nuisance or otherwise illegal and have failed to take responsible, reasonable and `verifiable actions on a timely basis to remediate those violation(s). 9-7-5a: RENTAL'REGISTRATION PERMIT: A. No person shall lease, rent, or otherwise allow a rental unit within the City to be occupied without first obtaining a rental registration permit from the City and designating a responsible local agent. Permits shall be valid for a period of one year. All dwelling or rental units must be registered annually as outlined in this ordinance. 1. Registration Forms. Registration shall be made upon forms furnished by the City and shall required all of the following information. a. The name of the apartment house or complex, if any; b. The street address and block and lot number of the rental unit(s); c. The year originally built or replaced; d. The number and types of rental units within the rental property; e. The number of bedrooms and bathrooms in each unit; f. The maximum number of tenants permitted for each rental unit in accordance to the adopted International Property Maintenance Code or other applicable codes; Ordinance No . 5134 Page 4 g. The name, address, telephone number and where applicable, an e- mail address, mobile telephone number, and facsimile number of the person or agent authorized to collect rent from the tenants; h. A copy of a current valid inspection certificate for the property shall be provided at the initial application if available, but shall not be necessary in the event of a first-time application. Apartment Houses —All rental units contained within an Apartment House may be registered on one registration form by listing individual addresses if all other required information is the same. j. Provide a current zoning certificate. B. Accurate and Complete Information. All information provided on the registration form must be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit. Failure toprovide the information required for such registration shall be grounds for denal"�The Owner of the designated Responsible Local Agent shall sign the registration form, where applicable. When the Owner is not a natural ROOK, the-;owner information shall be that of the president, general manager or other chief executive of the organization. When more than one persona"s an ownership interest, the required information shall be provided foo-;each Owner on the registration form. C. Change in Registration Information or,1ransfe r�of Property. F�.' F 1. Whenever there is a change in the*forrr"iafon required for a Permit, the Owner or Responsible;Local Agent must be re-registered within thirty (30) calendar days after army.hange occurs and the permit is either amended or a new permit to be iSSued `r,'F 2. If the rental unit is sold, assigned, or'otherwise*ansferred, the rental unit must be re registered within=;thirty (30)'Aays 3. The Owner shall notify the City,Clerk's office of any change in the designation of the Responsifie Local Agent including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within thirty (30) days .' 4 -;The Owner shiall`notify the`Buifding Official of a change in the lien-holder "` or a"change in the,functional design characteristics of the rental unit or the maximumrnumbei ofstenants permitted for each rental unit as regulated by adopted building/life-safety codes and shall require inspections accordingly and a new certificate of compliance issued. D. Registration Term and Renewals 1. A Rental Registration permit shall be valid for one (1) year. All Permits shall expire on January 1st of each year. The Owner shall re-register each rental unit with the City, within 31 calendar days after the expiration of the Permit of the rental unit or the first business day in February. 2. Failure to register rental units by the deadline shall be assessed a double registration fee. 3. Annual renewal of rental unit registrations may be expedited by submitting a City provided affidavit form that affirms there are NO CHANGES to/from the previous year registration information. The Owner, Owner's Agent, Landlord, or Operator must review this information prior to submitting the renewal affidavit. 4. Responsible Local Agent. The designated responsible local agent shall be responsible for all of the following: a. Operating the registered rental unit in compliance with all applicable City ordinances; b. Providing escorted access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the Ordinance No. 5134 Page 5 applicable City Ordinances; c. Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible and providing Crime Free Agreement documentation upon request per incident; d. Accepting all legal notices or services of process with respect to the rental unit. 9-7-6: INSPECTIONS REQUIRED: A. Rental Properties: Regular inspection on all residential rental property including mobile homes, shall be made on a five-year basis. Inspections of all properties will also be made upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated housing code violations during any twelve (12) month period shall be put on an annual inspection schedule for three (3) years following/the'last substantiated complaint. B. Regular Inspections: Inspections shall be made or a regular basis with notice to go to the owner/occupant at least five (5) days `rior to the.ins ection being p Yp � . P made. C. Certificate of Inspection: 1. No person shall rent, lease or cause'tobe occupied, by other thane an owner/occupant, any dwelling unit that`ddesnot possess a certificate of inspection issued under this code. This section shall not be operable until such unit has come undertheprovisions of this.;section. A. All dwelling units after passing;inspectioh under this`code shall be issued a certificate of inspection. B. The owner/agent/occupants of dwelling units inspected under this code shall be furnished with a list<tf any violations and shall be advised specifically of any violations, which rraay cause ara,I mediate hazard to the health or safety of the occupantcyvitWa4k.ifiVinie3jMit for correction of said violations. D. Inspection Fees All inspection and reinspection fees shall be paid by the owner prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be_ deemed a violation of this section. Fees shall be as follows: 1 A:rei,nspection fee..of fifty dollars ($50.00) per unit if not in compliance, will be charged for the first reinspection, and if not in compliance will be charged for all subsequent reinspections after that. 2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner/occupant did not make an attempt to reschedule the inspection. 9-7-7: CRIME FREE LEASE ADDENDUM /AGREEMENT. All rental agreements commencing after the effective date of this ordinance, whether written or oral, concerning rental units that are subject of this Chapter shall include the attached Crime Free Lease Agreement. As a condition of any Landlord License granted hereunder, the Licensee shall produce any rental agreements as may be requested by the city to determine compliance with this requirement. A Crime Free Lease Agreement between the Landlord / Property Owner and the Tenant shall be required for all new leases and renewal of leases after the effective date of this ordinance. Existing leases do not require a Crime Free Lease Agreement. Ordinance No . 5134 Page 6 1. Failure to produce the Crime Free Lease Agreement upon request by the City shall result in assessment of penalties per sections 9- 7-8a of this ordinance. 9-7-8: OWNER AND TENANT RESPONSIBILITIES: A. Every owner remains liable for violations of duties imposed upon him by this code. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two (2) or more dwelling units. B. Tenant to maintain dwelling unit. The tenant shall, F 1. Comply with all obligations primarily imposed'uport tenants by applicable provisions of building and housing codXesfrraterialljcJafFecting healthy and safety. 2. Keep that part of the premises tha0he tenant occupies aid uses as clean and safe as the condition of theji0mises permit. 3. Dispose from the tenant's dwelling;unit all ashes, rubbish, garbage, and /JII. other waste in a clean and safe rriOr er; .f•OFF'! 4. Keep all plumbing fixtures in the dwellirigunit or used by the tenant as clean as their conditiorf permits. 5. Use in a reasonable r`manekelfeJectricalplumbing, sanitary, heating, ventilating, air-conditioning,and other,facilities,artd appliances including elevators in the premises 6. Not deliberately or negligertfly destIoy, deface; damage, impair or remove a part,,othe'premises or knov!ir gly permit a'`person to do so. 7. Act mFa,manner thatwill not disturb a neighbor's peaceful enjoyment of the premises. f', A^h 9-7-8a: PENALTY , r. Violations of any termor pro4ion of this Chapter may be punished as set forth by Resolution. A. Continued Violation(s)of this Chapter for non-compliance may result Municipal Infractions, citations issued and further actions to suspend, revoke, deny) tense and or rental unit registration as prescribed in this ordinance/,''✓' B. Violation correction procedures as prescribed in Section 106 and 107 of the adopted International Property Maintenance Code shall be followed unless otherwise amended by this or other provisions of the City of Waterloo Municipal Code. C. Crime Free Lease Agreement Section 9-7-7 Penalty shall be assessed as follows 1st Offense $100 2nd Offense $200 3rd and Subsequent $500 9-7-9: INTERNATIONAL PROPERTY MAINTENANCE CODE 2009 EDITION (IPMC). Paragraph 1. Except as hereinafter modified, the International Property Ordinance No. 5134 Page 7 Maintenance Code, 2009 Edition (hereinafter to be known as IPMC), as published by the International Code Council, Inc. is hereby adopted. The IPMC is on file in the office of the City Clerk of Waterloo, Iowa. Paragraph 2. a. Section 101.1 of the IPMC is hereby deleted and enacted in its place a new Section 101.1 as follows: 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Waterloo, Iowa, hereinafter referred to "this code." b. Section 102.2 of the IPMC is hereby adding Exception 1 Exception 1. Owner or Owner's Agent shall by written agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves and ranges shall be maintained in safe.Warking condition. c. Section 103.5 of the IPMC is hereby deleted antr enacted in its place a new Section 103.5 as follows: ^ 103.5 Fees. The City Council of Waterloo, Iowa may by'resplution prescribe fees for activities and services performed by personnel of the City of Waterloo or the Building dificial'sdesignee. Fees shall be paid E. prior to the issuance of tthe Certificate of Compliance. d. Section 104.2.2 of th #I011 is hereby enacted as a new Section 104.2.2 as follows: 104.2.2 Regular Rental InSpection'JnspectAns of rental property, rental units and th,e cornunon area4hgre f shall Ebe9nspected in accordance with aiprogram of regular rentalnspections every 5 years, or as deemed necessary by the code official F; ; e. Section 113;.of the IPMC,is;hereby enacted as a new Section 113 as ,,follows � fl rai 113 Certification %`lf <,, a. Certificate of-Compliance. A certificate of compliance shall mean a document which shows that the unit or units for which it is issued was iri-:compliance with the applicable provisions of this code at the time ofthe last inspection. The certificate shall be automatically transferred from one owner or operator. Rental Unit Registrations do<not transfer from one owner or operator to another. A certificate `oftompliance shall state the date of last inspection, the address of the structure to which it is applicable and the type or classification of the dwelling. b. Disclaimer. A certificate of compliance shall in no way signify or imply that the premises for which it is issued is in conformance or compliance with the Fire, Building or Zoning Code of the City of Waterloo, Iowa. f. Section 702.5 of the IPMC is hereby enacted as a new Section 702.5 as follows: 702.5 All fire extinguishers shall be maintained in an operative condition at all times and shall be replaced or repaired when defective in accord with the Waterloo Fire Code. 1. Single Family Structure (Rental). One 1A1OBC fire extinguisher Ordinance No . 5134 Page 8 shall be provided in a properly mounted readily accessible location preferably located near an exit and near the kitchen. 2. Multifamily Structures. Shall provide one 1A1OBC fire extinguisher for each dwelling unit properly mounted in a readily accessible location preferably located near an exit and near the kitchen, or, for those structures with common corridors may provide one 2A1OBC fire extinguisher on each occupied level within 75 feet of each dwelling unit extinguishers must be readily accessible to all occupants for which they are provided. Paragraph 3. One (1) copy of the 2009 Edition, International Property Maintenance Code (IPMC) is on file for review at the City of Waterloo City Clerk's Office as prescribed by law. F s F INTRODUCED: �'f fr ,uPASSED 1st CONSIDERATION: "' ,°"f� PASSED 2nd CONSIDERATIipO : f f PASSED 3rd CONSIDERAT< r sf � PASSED AND ADOPTED by flee, City G cil of tf City of Waterloo, Iowa, on the day of October, 2012, and approveC�rby the.,May'orron the-8 day of October, 2012. J'�y/J Jr "` ^lJf f4 l /.'lfy.'r /1}J f�F Emestca Clark, Mayor r r r/, y✓,�f ` J r p e ATTEST " `` ' .,� ,-tom r`` wf�pr r:o. 4A"., t<`jr`j'r J V*, v Suzy Schares, CMC ' City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of October, 2012. Witness my hand and seal of office this 8th day of October 2012. SEAL Suzy Schares, CMC City Clerk Council Work Session May 20, 2013 Time as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:05 p.m. Nuisance Property Ordinance Submitted by Mayor Clark. 4:20 p.m. Discussion of Rental Property Inspections—Submitted by Craig Clark, Building Official/Maintenance Administrator. 4:45 p.m. Discussion of Phone System—Submitted by Matt O'Brien, Director of Technology. ADJOURNMENT Suzy Schares City Clerk MARIA ARMSTRONG From: MAYOR CLARK Sent: Wednesday, May 15, 2013 1:32 PM To: MARIA ARMSTRONG; SUZY SCHARES Subject: Work Session Maria, We need a fifteen minute work session please, this coming Monday,for Dan Trelka to explain the Nuisance Property Ordinance one more time. Thank You, .Mayon:Buck ceavr.& City of Waterloo Iowa 715 Mullberry Street Waterloo, Iowa 50703 319-291-4301 1 The Best Defense is a Good Offense! Sometimes code violation DO result in fines, unfortunately if the Tenant is not assessed the fine or if it goes unpaid then the property owner becomes responsible through tax assessment. What can Landlords do to keep from being fined for tenant behavior? 1 ) Provide Tenant information such as name and address to the City Code Enforcement Officers. Simply list your properties and your contact information and email it to Maria Tiller at Maria.T iller(a�Waterloo-IA.ora or drop off your list at City Hall. The benefit of opening the lines of communication with code enforcement is that you will receive notification if the Tenant is cited for a city code violation. 2) If a Tenant is cited for a city code violation, immediately ISSUE A SEVEN DAY NOTICE TO CURE. This is a legal step in requiring the Tenant to fix the violation (see flowchart). It also establishes a course of eviction for non-compliance and for repeat offenses. This information is available of the Forms CD with membership. 3) Include lawful behavior in future leases. Sometimes educating people on what is expected is enough to correct problems. If stating the obvious doesn't deter criminal behavior, then the provision at least gives the Landlord grounds for eviction based on the behavior pattern. CRIME FREE PROVISION: This crime free provision of the lease is a necessary and crucial element in an effort to deter criminal activity in the community. The Tenant agrees as follows: 1. Tenant(s)/occupants/guests/invitees shall not engage in any criminal activity, on or off the leased premises. 2. Tenant(s)/occupants/guests/invitees shall not engage in any act that is intended to or actually facilitates any criminal activity, on or off the leased premises. 3. Tenant(s)/occupants/guests/invitees shall not permit the dwelling unit or leased premises to be used for any criminal activity. 4. Tenant(s)/occupants/guests/invitees shall not engage in any act of violence or threat of violence, including but not limited to, the unlawful display or discharge of a firearm, hate crime or any property damage on or off the leased premises. 5. Tenant(s)/occupants/guests/invitees agree and understand that management cooperates with law enforcement agencies by allowing management to release any information contained in management's file regarding Tenant(s)/occupants/guests/invitees to any law enforcement agency upon request. Tenant(s) agrees that management may use any police generated report as direct evidence without objection in any action, including but not limited to eviction. 6. Violation of this provision, or any single part of this provision, is a material and irreparable violation of the lease and good cause for immediate termination of tenancy. Proof of the violation shall not require criminal conviction but shall require only a preponderance of the evidence. ILLEGAL PROVISIONS NOT AFFECTING LEGAL PROVISIONS: Whatever item in this lease is found to be contrary to any local, state, or federal law shall be considered null and void, just as if it had never appeared and it shall not affect the validity of any other item in the lease.