Loading...
HomeMy WebLinkAbout12.09.2002 (2)• • COUNCIL WORK SESSION December 9, 2002 4:15 p.m. Council Chambers Mayor Rooff called the meeting to order at 4:32 p.m. Members present: Mayor Rooff, Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Moved by Jordan, seconded by Clark that the Agenda, as proposed, be approved. Ayes: Six. Absent: Hurley. Motion carried. Fire Chief Ned DeBerg reviewed the proposed ordinance to change the rental inspection program to a self -inspection program. Councilperson Hurley now present at 4:33 p.m. Chief DeBerg reported that the Fire Department will start using the AS400 to better track properties, violators and revenues. The inspection fee would be $45 per single units and the first unit of multi -unit facility, with each additional unit of a multi -unit facility $15 per year over a five year period. Chief DeBerg reported the fees have been adjusted to meet the minimum expense of the Fire Department as it costs approximately $50,000 per year, not including firemen's time and wear and tear on the fire truck. If the city collected 100 percent fees on the rental properties we would collect approximately $52,000 per year. If the city finds we are making more than we thought, we will look at the additional unit costs. If a landlord does not return the self -inspection report and inspection fee, an administrative fee of $1 per day per unit is added for each day past the due date that the fee/report remains outstanding. If the checklist and fees are not returned by 30 days past the due date, the property will be scheduled for an inspection by Fire Rescue. The fee for this inspection is $200.00 for a single unit in a building and $20.00 per unit for additional units. If a landlord does not schedule a re -inspection, a non-compliance fine will be applied in the amount of $200.00 per unit and $20.00 for each additional unit. Each month the landlord continues in non-compliance results in an additional $200.00 per month penalty per unit. Chief DeBerg stated that the main goal of the inspection program is safety and it will save lives and keep housing stock up. The Fire Department and the Landlord Association has been meeting the past eight months. The Landlord Association voted to approve the self -inspection program. If the self -inspection program is approved the Fire Department and Landlord Association will meet on a quarterly basis. The new program will take effect on March 1, 2002. Jim Walsh, City Attorney, stated if the landlord is in non-compliance and/or does not pay the fee, the city could put a lien on the property to take them to small claims court. Councilperson Jordan stated he wants to make sure the program creates solutions and not problems. Councilperson Jordan stated he is concerned the landlord is required to sign the registration form certifying under penalty of perjury that the property is in compliance. If someone is found guilty of perjury they could be sentenced to five years in prison. Councilperson Jordan stated he is concerned that an inspector with a personal issue could say the building is not in compliance with the code. Councilperson Jordan stated he would like the word "perjury" removed from the form. Mr. Walsh stated that we are trying to comply with State Code which says rental property should be inspected every five years. This program will bring us closer to mandatory checklist with teeth and closer to compliant with state law. Mr. Walsh stated the city won't find out if this is an acceptable procedure until someone sues the city. Mr. Walsh stated the city is wanting to focus on the problem inspections. Mr. Walsh stated it is not necessary to use "perjury" and we could put in a penalty, or it could be a separate fine under the city's code. Council Work Session December 9, 2002 Page 2 Councilperson Jordan questioned the section requiring apartment buildings with more than three stories or with more than 11 living units be provided with an approved fire alarm. There is an exception if the living units are separated by fire barriers and its own independent exit at grade. Chief DeBerg will review this requirement with Building Official Lou Cutwright. Councilperson Jordan questioned the section requiring the owner of a dwelling of two or more units to provide and maintain garbage/rubbish receptacles. Councilperson Jordan stated he does not feel comfortable with proposed ordinance. Arlin Zevenbergen reported he is a landlord, but has not been a member of the Landlord Association for a number of years. Mr. Zevenbergen stated that only a part of the members of the Landlord Association voted to approve the self -inspection program. Mr. Zevenbergen stated there are 22,200 single family units and duplexes in the city and 17,000 have filed homestead leaving 5,200 as rental units, with 450 multi -units. Mr. Zevenbergen stated he disagrees with the costs and manner of inspection , and that it is wrong to allow self -inspection as the owner will be biased when they look at the safety of their tenants. Mr. Zevenbergen stated he feels that the same rules and guidelines could apply to building contractors and should they be allowed to self - inspect. Mr. Zevenbergen stated if the Fire Department is tasked with conducting the safety inspections on property, then they should do the inspections no matter if fees have to be increased. Mr. Zevenbergen stated he feels he would have to be a fool to sign the re -inspection form. Mr. Zevenbergen asked if the city would allow self -inspections on buildings such as plumbing and heating inspections. Mr. Zevenbergen stated he does not believe apartment owners are smarter than building inspectors. Mr. Zevenbergen stated he feels the Fire Department budget should be increased to cover inspections and the costs should be spread out to all taxpayers. Mr. Zevenbergen also agrees that the word "perjury" needs to be removed from the self -inspection form. Mr. Zevenbergen stated he received a letter from Mac MacCausland from PDCM that self -inspection could add additional liability to property owners. It probably won't raise rates initially but could if there is a lawsuit. Mr. Zevenbergen questioned if the landlord does the self -inspection and something happens would the insurance company believe the landlord did the self -inspection. Mr. Zevenbergen stated he feels the self -inspection program is totally wrong. Jane Young, a member of the Landlord Association, stated the association worked with Chief DeBerg and came to this point because fees were going to be increased. Ms. Young state the current code says apartments should be inspected every five years and only 47 percent are being inspected every five years. Ms. Young stated she would like to self -inspect because of inequities in buildings being inspected and if the Fire Departments does the inspection it is going to cost big bucks. Ms. Young stated that the Fire Department has not been able to do the inspections and perhaps the city needs to hire more building inspectors. Ms. Young stated the association worked on code changes on self -inspection, but did not work on the self -inspection sheet. The old sheet is much simpler and she agrees that the new form needs to be clarified. Ms. Young stated the association wants equity and everyone included in the inspections as the way it has been is unacceptable. Chief DeBerg reported there are about 9,200 rental units, minus vacant buildings. The Fire Department inspects about ten buildings every Monday. In order to inspect all the buildings every five years additional inspectors are needed and that would have a $200,000 startup cost. A landlord reported that with the current system they were told it took about 2%2 hours to find the property to inspect because of the filing system. The inspection program needs to be systematized. The landlord of the Lantern Apartments reported he has 132 units and the reason he agreed to the self -inspection program was to get all landlords in compliance. He agreed with the program because of all the deadbeats. Chief DeBerg reported he spoke with the City Attorney of Council Bluffs and he feels the self - inspection program is proactive because it concentrates on non-compliance landlords. • Council Work Session December 9, 2002 Page 3 Mayor Rooff suggested the council table the ordinance on tonight's council agenda and schedule another work session. Councilperson Hurley stated that part of the duties of the council is to provide safety and welfare for the citizens. Councilperson Hurley stated he does not feel the general public should pay for the inspection program. Joel Harris reported he was in favor of the self -inspection program because it would clean up the system and the Fire Department wanted to increase fees. Mr. Harris stated he feels the language needs to be cleaned up before the council votes on the ordinance. Mr. Harris stated the self - inspection program allows landlords to do the inspection, but if they are uncomfortable doing the inspection the Fire Department will do the inspection for them at the same fee. With no further business before the council, it was moved by Getty, seconded by Berry that the meeting be adjourned at 5:32 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk