HomeMy WebLinkAbout03. 16-310JUNE 28, 2016 16 -310 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: CREATE DIVISION 6 RESIDENTIAL RENTAL CONTACT
REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16
HOUSING CODE
INITIATED BY: INSPECTIONS DIVISION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING DIVISION 6
RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
OF CHAPTER 16 HOUSING CODE
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Division 6 Residential Rental Contact Registration and
Inspection Program of Chapter 16 Housing Code of the Oshkosh Municipal Code is
hereby created as follows:
(See the attached "Exhibit A ")
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3.Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #16 -XXX CREATE DIVISION 6. RESIDENTIAL RENTAL CONTACT
REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16 HOUSING CODE on
July 12, 2016. The Ordinance creates Division 6 Residential Rental Contact Registration
and Inspection Program of Chapter 16 Housing Code. The full text of the ordinance may
be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's
website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236 -5011.
EXHIBIT A
DIVISION & RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
SECTION 16 -47 FINDINGS
The Oshkosh Common Council finds that it is necessary to establish a regularly scheduled, systematic,
city -wide program for the registration and inspection of Residential Rental Dwelling Units in the city to
ensure that those units provide safe, decent and sanitary living conditions for tenants living in the
Residential Rental Dwelling Unit and to prevent further deterioration of those units. The Common
Council finds that a significant percentage of code complaints and violations occur at Residential Rental
Dwelling Units and that the conditions which exist at these units adversely affect the neighbors and
neighborhoods in which they are located. This ordinance is enacted to encourage property owners
who own and operate residential rental dwelling units to exercise their responsibility to ensure that
the city ordinances governing the condition and maintenance of Residential Rental Dwelling Units are
followed to protect the health, safety and welfare of the public and prevent blighted conditions in city
neighborhoods.
SECTION 16 -48 RESIDENTIAL RENTAL CONTACT REGISTRATION REQUIRED
(A) The owner of a Residential Rental Dwelling Unit located in the City shall file residential rental
contact registration information with the Department on the application forms provided by
the Department, annually, by September 1st and in the case of any sale, transfer or
conveyance of a residential rental dwelling unit within 30 days of any such sale, transfer or
conveyance.
(B) The owner shall provide information on the form which will enable the Department to contact
the owner, or at the option of the owner, an agent of the owner, including the street address
of the Residential Rental Dwelling Unit to be registered and the owner's legal name and
telephone number. The owner may voluntary provide an email address, for the owner or the
agent of the owner.
(C) Each residential rental contact registration is valid from September 1st until the following
August 31st and shall be renewed annually. Residential rental contact registration is not
transferable.
(D) The residential rental contact registration does not warrant that the dwelling or dwelling unit
is free of any ordinance or code violations or in compliance with any ordinance or code
violation.
(E) There shall be no fee for the residential rental contact registration.
(F) All Residential Rental Dwelling Units shall be registered prior to occupancy by a tenant.
SECTION 16 -49 RESIDENTIAL RENTAL INSPECTION
(A) As of September 15, 2016 the City of Oshkosh Inspection Services Division will begin a
program of regularly scheduled inspections of all Residential Rental Dwelling Units located
within the City of Oshkosh.
(B) The Department shall schedule appointments for Residential Rental Dwelling Unit inspection.
The Department shall provide notice of the date and time of the inspection by first class mail
to the tenant and the owner at the address provided in the residential rental contact
registration form at least 21 days before the scheduled inspection date. The owner may
voluntarily arrange the date and time with the Department and tenants.
(C) Inspections shall not be conducted:
(1) With a minor as the sole representative of the tenant or owner.
(2) Without prior notice to the tenant by the Department.
(3) In an occupied Residential Rental Dwelling Unit without the owner, owner's agent, or
tenant being present.
Should the tenant or other person in control of the Residential Rental Dwelling Unit refuse
admittance to the Chief Building Official and refuse to reschedule the inspection or
reinspection, the Chief Building Official may proceed to obtain a special inspection warrant
pursuant to Wis. Stat. 66.0119.
(D) Code violations identified during the Residential Rental Dwelling Unit inspection shall be
abated within the time ordered by resolution of the Department.
(E) The Department shall charge a fee for the Residential Rental Dwelling Unit inspection as
approved within the fee schedule adopted by the Common Council.
(F) All properties in the City, including Residential Rental Dwelling Units, shall remain subject to
inspection requests. The Department shall inspect Residential Rental Dwelling Units based
on tenant or citizen requests or complaints.
SECTION 16 -50 REMEDIES AND APPLICATION OF OTHER PROVISIONS.
(A) The remedies provided in this section are not to be construed to be exclusive of any other
remedy under the municipal code or state statute, and the Department may take further
actions to ensure compliance with this section including but not limited to seeking injunctive
relief and obtaining inspection warrants.
(B) Nothing in this section limits, impairs, alters or extends the rights and remedies of persons in
the relationship of owner and tenant that exists under applicable law.
(C) Nothing in this section shall be construed to limit the authority of the Department to perform
housing inspections in accordance with this code or enforcing any other provision of state or
federal law.
SECTION 16 -51 DEFINITIONS.
(A) The following definitions shall apply in the interpretation and enforcement of the Residential Rental
Contact and Inspection Code:
(1) CHIEF BUILDING OFFICIAL. "Chief Building Official" shall include the designee of the
Chief Building Official.
(2) CITY. "City" shall mean the City of Oshkosh, Wisconsin.
(3) DEPARTMENT. "Department" shall mean the City of Oshkosh Division of Inspection
Services of the Department of Community Development.
(4) DWELLING UNIT: A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
(5) FAMILY. See Section 30 -1.
(6) OWNER. "Owner" shall mean any person who alone or jointly or severally with others
shall be the legally recorded holder of the title with or without actual possession
thereof, or who has charge, care or control of any dwelling or dwelling unit as agent or
owner or as executor, administrator, trustee or guardian of the estate of the owner.
The term "owner" under this Article shall also include the legally recorded holder of a
land contract vendee interest.
(7) PERSON. "Person" shall mean and include any individual, firm, corporation, partnership
or association.
(8) RESIDENTIAL RENTAL DWELLING UNIT. "Residential rental dwelling unit" shall mean a
structure or part of a structure, home, residence, or living unit by a single person or
family, or any grounds, or other facilities or area occupied for the use of a
residential tenant and includes, but without limitation, apartment units and buildings,
mobile homes and single and two - family dwellings.
Residential Rental Dwelling Unit does not include facilities that are inspected, owned,
licensed or certified by the State of Wisconsin including rest homes, convalescent homes,
nursing homes, hospitals, assisted living centers, community based residential facilities,
university -owned student dormitories, or adult homes, and properties owned or
operated by the Winnebago County Housing Authority or Oshkosh Housing Authority.
(9) TENANT. 'Tenant" shall means a person who occupies a residential rental dwelling unit
for residential purposes with the landlord's consent for an agreed upon consideration.
(10) SALE, TRANSFER OR CONVEYANCE. "Sale, Transfer, or Conveyance" shall mean to
transfer any ownership interest in a dwelling except by mortgage. The sale or transfer
shall be deemed to occur upon the transfer of an ownership interest, the recording of a
land contract or the exercise of an option to purchase property.
(11) MEANING OF CERTAIN WORDS. Whenever the words "Dwelling ", "Dwelling Unit ",
or "Premises" are used in this Article, they shall be construed as
though they were followed by the words "or any part thereof'.
DIVISION & RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
SECTION 16 -47 FINDINGS
The Oshkosh Common Council finds that it is necessary to establish a regularly scheduled, systematic,
city -wide program for the registration and inspection of Residential Rental Dwelling Units in the city to
ensure that those units provide safe, decent and sanitary living conditions for tenants living in the
Residential Rental Dwelling Unit and to prevent further deterioration of those units. The Common
Council finds that a significant percentage of code complaints and violations occur at Residential Rental
Dwelling Units and that the conditions which exist at these units adversely affect the neighbors and
neighborhoods in which they are located. This ordinance is enacted to encourage property owners
who own and operate residential rental dwelling units to exercise their responsibility to ensure that
the city ordinances governing the condition and maintenance of Residential Rental Dwelling Units are
followed to protect the health, safety and welfare of the public and prevent blighted conditions in city
neighborhoods.
SECTION 16 -48 RESIDENTIAL RENTAL CONTACT REGISTRATION REQUIRED
(A) The owner of a Residential Rental Dwelling Unit located in the City shall file residential rental
contact registration information with the Department on the application forms provided by
the Department, annually, by September 1st and in the case of any sale, transfer or
conveyance of a residential rental dwelling unit within 30 days of any such sale, transfer or
conveyance.
(B) The owner shall provide information on the form which will enable the Department to contact
the owner, or at the option of the owner, an agent of the owner, including the street address
of the Residential Rental Dwelling Unit to be registered and the owner's legal name and
telephone number. The owner may voluntary provide an email address, for the owner or the
agent of the owner.
(C) Each residential rental contact registration is valid from September 1st until the following
August 31st and shall be renewed annually. Residential rental contact registration is not
transferable.
(D) The residential rental contact registration does not warrant that the dwelling or dwelling unit
is free of any ordinance or code violations or in compliance with any ordinance or code
violation.
(E) There shall be no fee for the residential rental contact registration.
(F) All Residential Rental Dwelling Units shall be registered prior to occupancy by a tenant.
SECTION 16 -49 RESIDENTIAL RENTAL INSPECTION
(A) As of September 15, 2016 the City of Oshkosh Inspection Services Division will begin a
program of regularly scheduled inspections of all Residential Rental Dwelling Units located
within the City of Oshkosh.
(B) The Department shall schedule appointments for Residential Rental Dwelling Unit inspection.
The Department shall provide notice of the date and time of the inspection by first class mail
to the tenant and the owner at the address provided in the residential rental contact
registration form at least 21 days before the scheduled inspection date. The owner may
voluntarily arrange the date and time with the Department and tenants.
(C) Inspections shall not be conducted:
(1) With a minor as the sole representative of the tenant or owner.
(2) Without prior notice to the tenant by the Department.
(3) In an occupied Residential Rental Dwelling Unit without the owner, owner's agent, or
tenant being present.
Should the tenant or other person in control of the Residential Rental Dwelling Unit refuse
admittance to the Chief Building Official and refuse to reschedule the inspection or
reinspection, the Chief Building Official may proceed to obtain a special inspection warrant
pursuant to Wis. Stat. 66.0119.
(D) Code violations identified during the Residential Rental Dwelling Unit inspection shall be
abated within the time ordered by resolution of the Department.
(E) The Department shall charge a fee for the Residential Rental Dwelling Unit inspection as
approved within the fee schedule adopted by the Common Council.
(F) All properties in the City, including Residential Rental Dwelling Units, shall remain subject to
inspection requests. The Department shall inspect Residential Rental Dwelling Units based
on tenant or citizen requests or complaints.
SECTION 16 -50 REMEDIES AND APPLICATION OF OTHER PROVISIONS.
(A) The remedies provided in this section are not to be construed to be exclusive of any other
remedy under the municipal code or state statute, and the Department may take further
actions to ensure compliance with this section including but not limited to seeking injunctive
relief and obtaining inspection warrants.
(B) Nothing in this section limits, impairs, alters or extends the rights and remedies of persons in
the relationship of owner and tenant that exists under applicable law.
(C) Nothing in this section shall be construed to limit the authority of the Department to perform
housing inspections in accordance with this code or enforcing any other provision of state or
federal law.
SECTION 16 -51 DEFINITIONS.
(A) The following definitions shall apply in the interpretation and enforcement of the Residential Rental
Contact and Inspection Code:
(1) CHIEF BUILDING OFFICIAL. "Chief Building Official" shall include the designee of the
Chief Building Official.
(2) CITY. "City" shall mean the City of Oshkosh, Wisconsin.
(3) DEPARTMENT. "Department" shall mean the City of Oshkosh Division of Inspection
Services of the Department of Community Development.
(4) DWELLING UNIT: A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
(5) FAMILY. See Section 30 -1.
(6) OWNER. "Owner" shall mean any person who alone or jointly or severally with others
shall be the legally recorded holder of the title with or without actual possession
thereof, or who has charge, care or control of any dwelling or dwelling unit as agent or
owner or as executor, administrator, trustee or guardian of the estate of the owner.
The term "owner" under this Article shall also include the legally recorded holder of a
land contract vendee interest.
(7) PERSON. "Person" shall mean and include any individual, firm, corporation, partnership
or association.
(8) RESIDENTIAL RENTAL DWELLING UNIT. "Residential rental dwelling unit" shall mean a
structure or part of a structure, home, residence, or living unit by a single person or
family, or any grounds, or other facilities or area occupied for the use of a
residential tenant and includes, but without limitation, apartment units and buildings,
mobile homes and single and two - family dwellings.
Residential Rental Dwelling Unit does not include facilities that are inspected, owned,
licensed or certified by the State of Wisconsin including rest homes, convalescent homes,
nursing homes, hospitals, assisted living centers, community based residential facilities,
university -owned student dormitories, or adult homes, and properties owned or
operated by the Winnebago County Housing Authority or Oshkosh Housing Authority.
(9) TENANT. "Tenant" shall means a person who occupies a residential rental dwelling unit
for residential purposes with the landlord's consent for an agreed upon consideration.
(10) SALE, TRANSFER OR CONVEYANCE. "Sale, Transfer, or Conveyance" shall mean to
transfer any ownership interest in a dwelling except by mortgage. The sale or transfer
shall be deemed to occur upon the transfer of an ownership interest, the recording of a
land contract or the exercise of an option to purchase property.
(11) MEANING OF CERTAIN WORDS. Whenever the words "Dwelling ", "Dwelling Unit ",
or "Premises" are used in this Article, they shall be construed as
though they were followed by the words "or any part thereof'.
SECTION 2 -59.2 RENTAL HOUSING ADVISORY BOARD
(A) Membership and Terms
The Oshkosh Rental Housing Advisory Board shall consist of seven (7) members. Each member
shall serve for a period of three (3) years.
The Board's composition should seek to reflect the diverse interests in rental housing
conditions, such as, but not limited to nor excluding landlords, tenants, neighborhood
association representatives, health and safety professionals, real estate agents, and contractors.
(B) Purpose
The Board's purpose is to advise staff on the creation of rental housing educational materials
and residential rental training programs for landlords and tenants, to review and make
recommendations regarding City policy or changes to the municipal code pertaining to rental
housing.
Workshop Handout May 24, 2016
Rental Housing concerns
in Oshkosh
• Concerns about rental units in the City:
• Over 12,,000 rental units, concentrated around the university and
central city.
• People like students, parents and tenants assume a City inspection
has been done. The City only inspects units when requested.
• Health and Safety of residents, visitors and neighbors is dependent
on residential rental units meeting codes.
• Density of residents, especially in older conversions around central
city and campus, is higher than other residential neighborhoods.
• Oshkosh Fire Department only inspects the "common areas" of
residential rental buildings with 3 units or more.
• Code Enforcement calls for code violations are high volume for
residential rental units.
• Tenant calls for inspection average 4.5 health and safety code
violations per rental unit.
ode Enforcemen is -6 VVWt
Residential Rental Units
• Started tracking residential rental dwelling unit code
violations in mid -2o13
• Data is from mid 2oi3 to early 2o16:
• Record of violations:
• Property Maintenance codes: 738
• Building codes: 504
• junk & debris: 473
• Parking: Zoo
• Zoning and all other codes: 8o
Total Violations: 1,995
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Correction process
• Receive complaint
• Field Inspect - verify violation within 48 hours in 99% of
the cases.
• Contact owner - can be very challenging if there is
bankruptcy, foreclosure or other ownership uncertainty.
• Mail Notice of Violation to owner.
• Work with owner to correct code violation.
• 85% of violations are corrected within 3o days, building
code violations typically take the longest.
• If violation not corrected, 2nd Notice of Violation.
• If violation not corrected, Citation written to owner.
• Adjudicated in Winnebago County Circuit Court.
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Impact on Neig - ors and
Neighborhoods
• City goal is to protect and preserve the tranquility of
neighborhoods and every owner's investment in residential
neighborhoods.
• Neighborhood Associations identify rental units as a major
neighborhood concern for property maintenance and
appearance.
• Rental units are sometimes poorly maintained and operated.
This can lead to lower property values in the neighborhood.
• Declining property values can hurt homeowner's home
equity.
e City is doing many- -ings to
strengthen Neighborhoods
• Helping Neighborhood Associations start and help
them improve their neighborhoods.
• Providing funding for improving neighborhood
infrastructure and amenities.
• Performing pro- active code enforcement on city
gateways.
• Requiring minimum architectural standards for
houses to match their neighborhood.
• Providing funding for home improvements through
many new programs.
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e City is doing many-�� -ings to
strengthen Neighborhoods
• Collaborating with others groups like the Oshkosh
Area School District, GO -HNI, Habitat for Humanity,
the Housing Authority and ADVOCAP on
neighborhood improvement projects.
• Acquiring and demolishing blighted houses and
buildings in and around neighborhoods.
• Funding Beautification Programs like street trees,
neighborhood clean -ups and public space
improvements.
er Wisconsin Comm- nitres and
rental housing
• Rental Unit Registry
• Rental Unit Inspection program
• Many 4 -year UW- System University communities have
a rental registry and inspection program: Whitewater,
Platteville, Menominee, Steven Point, LaCrosse,
Madison.
• Eau Claire is working to create a Rental program too.
• Other communities have Rental programs too.
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State Law recently amended
• Amendments were adopted in the Spring, 2oi6.
• The City may require a City -wide contact listing and
registration.
• The City may implement a City -wide program of
regularly scheduled inspections.
• The City may charge fees for inspections.
• The City cannot require the landlord to arrange for the
inspections.
u n t a r y alternative 6— qty -run
• Owners of residential rental units can voluntarily "self -
inspect" their properties currently.
• Owners of residential rental units can call for a City
inspection currently. Cost would be $loo to $400.
• Participation is not l00% based on the complaints
reported to the City.
• Certified Inspectors have training and expertise in
codes.
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Need for a Rental Contact Listing
® Ownership of rental units can vary greatly and City
staff can have great difficulty in contacting owners:
• Local vs. non -local ownership.
• Foreclosure, bankruptcy etc.
• Phone numbers unknown.
• Management responsibility unknown.
• Limited Liability Corporations sometimes do not
provide updated information.
• Police & Fire Department lack emergency contacts.
• Code Enforcement notices can be difficult to deliver.
Rental Inspection Program
® City codes like:
• Property maintenance
• Plumbing
• Electrical
• Heating and Ventilation
• Building
• Housing
• Zoning
6/17/2016
1.1
Advantages for Landlords
• The contact listing and inspection program will
improve the landlord's knowledge of the tenant's use
of their unit.
• City personnel can send the owner an email each time
City staff has contact with their tenants and property.
Advantages for Landlords
• Tenants can be held responsible for certain violations -
• Code Enforcement staff can hold tenant responsible for
certain code enforcement violations, with the landlord's
assistance.
• Example violations are: cars parked on lawns, inoperable
vehicle storage, and visible junk and debris.
• Landlord would not get charged the normal special
inspection fee.
• Tenant /vehicle owner would be issued a citation.
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Advantages for Landlords
3rd Party verification of health and safety codes.
Advantages for Landlords
• Education
• Health and safety requirements
• Tenant responsibilities.
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Advantages for Landlords
• Rental Housing Advisory Board could be created
where none exists today.
• Common Health and Safety, Property maintenance
issues
• Help create training and education programs.
• Information like brochures, checklists and websites
• Social media opportunities
undingtohelpLan or smeet
codes
• New funding is available.
• Program #i
Targeted Neighborhoods
*UP to $30,000 loan
•10 -15 year term
-No more than 30% of tenant
income on housing expenses
•o% interest
-Quarterly payments
•Interior or exterior repairs
6/17/2016
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Funding to help Landlords meet
codes
• Program #2
• Program specifics:
City -wide
• Up to $20,000 (based on units)
•
ILO-15 year affordability period
• o% interest loan
• Lump sum payment upon expiration of affordability
period
• 50% owner funding match
Advantages for Tenants
• Health and Safety Inspections performed on a regular
basis.
• Code violations re- inspected until corrected.
• Education.
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Rental Contact Listing and
Registration
• Web -based availability 24/7
• Easy updates throughout the year.
• Voluntary sign up for Email contacts for owners who
wish to be informed of City contacts with tenants and
property.
• No fee and is for the entire parcel /address, regardless
of number of units contained.
Residential Rental Inspection
• City -wide program schedule is once every 5- years.
• Re- inspections until violation corrected, then back to
5 -year cycle.
• City will contact tenants to arrange for inspection.
• Landlord will be invited to attend inspection too.
• If landlord can arrange the inspection of a multi -unit
building, the inspection fee would be reduced.
• Code violations must be corrected in 7 to 3o days,
unless extension granted.
6/17/2016
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Residential Rental Inspection
• All Residential Rental Dwelling Units, owner- occupied
(owner lives in one unit) and not owner - occupied.
• Exemptions:
• State facilities owned, licensed or certified like dorms,
nursing homes, convalescent homes.
• Community Based Residential Facilities
• Hospitals or other medical facilities
• Hotels, motels.
Fees
• Rental Unit Contact listing & Registration - No Fee
• Inspections - Would occur once every 5 years.
• $125 /rental unit
-OR-
s18o /building (if all units in a building are coordinated by the
owner, regardless of number of rental units)
• Re- inspection Fee - double the Inspection Fee
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Staffing Plan
• Duties:
• Education and Training (0.5 FTE)
• Clerical (0.5 FTE)
• Inspectors (2.5 FTE)
• Coordinated with Fire Dept. inspections where possible.
Q — I thought State Law
prevented a City from running a
rental inspection program?
• The City of Oshkosh Ordinance is drafted to meet the
requirements of the State Law.
• The City will require a contact listing /registration.
• The City will inspect based on a program of regularly
scheduled inspections.
• The City will charge fees for the inspections and no
more than double the fees for re- inspections.
6/17/2016
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Why is the -Zi crea ing the
residential rental registration and
inspection program?
• Residential rental unit owners can be challenging to
contact. The Rental Contact listing and Registration will
allow City inspections and emergency personnel to contact
owners.
• Residential rental housing must meet health and safety
codes.
• Residential rental housing can become run -down and
become a blight in a neighborhood, jeopardizing the
investment and equity in neighbors' homes. The
inspection will bring the property into compliance with
existing codes.
- Is this program just a way for
the City to increase the revenues
for the Inspection Division?
• The City will fund the rental program with fees generated
from the rental units inspected.
• Additional staff is required.
• No City general tax dollars will be used, so no other
property owners will be paying for this program.
• The fees will be collected to fund the specific staff working
in the Rental Program - the contact listing, education and
training, inspections and re- inspections.
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FAQ — Why doesn't the City Rental
Program just target the university
area or just the "bad landlords "?
• State Law requires a rental inspection program to be
uniform across the City.
• The issues are not confined to any particular area or
landlord.
FAQ— What is this going to cost a
Landlord?
• The Contact listing and registration is no cost.
• The inspection is once every 5 years.
• The landlord can choose to pay $125 /unit and the City will contact the
tenants to arrange for the inspection. The landlord can choose to pay
$18o /building if'there are more units, and the landlord would arrange
for the inspection of all the units in the building.
• On average, the inspection fee will equal $25 /year for i unit.
• On average, the inspection fee could equal $4.50 /year for an 8 -unit
building because the owner can reduce the inspection time required.
• $18o per building /8 units in the building /5 year cycle.
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Q —What if the Landlord cannot
afford to correct health and safety
code violations?
• If the landlord cannot afford to correct the code
violations, the City will offer loan programs to help
finance the improvements.
• One program is targeted to neighborhoods with
existing neighborhood associations.
• One program is available city -wide.
— What if the lan olI-rc -does
not agree with the inspector's
findings of a code violation?
• The landlord could appeal the inspector's findings to
the Zoning Board of Appeals.
• The Zoning Board of Appeals would then determine
whether the conditions meet the minimum codes or
not.
• If the Landlord or City are not satisfied with the ruling,
either could appeal the ruling to Winnebago County
Circuit Court.
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FAQ —What about a Rental
Housing Advisory Board?
• The City could create the Rental Housing Advisory Board
to help improve rental housing in the City of Oshkosh.
• The Boards purpose could be to create educational
materials, review and recommend City policy or code
updates, and sponsor training programs or anything else
the City Council may decide.
• The applicants to the Board would be selected just like
every other Board or Commission in the City.
• A City resident would fill out the application form.
• The Mayor would appoint the member, subject to
confirmation by the City Council.
= How will Ian
tenants know this program exists?
• The City will create an information campaign that will
work with existing organizations like the Winnebago
Apartment Association and the University Tenants
organization.
• Techniques may include:
• Mailings to property owners.
• Oshkosh Media programming.
• Social Media.
• Additional education programs for landlords and
tenants.
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17
Rental Program steps
• Ordinance adopted July 1, 2oi6
• Web -site would be available for owners to enter contacts.
• Contact Listings /Registration completed by September 1,
2o16
• Education and Training - July i, to September 1, 2oi6
• September 1, 2oi6 - Inspections start for 20% of units in the
City - about 2,200+/- units.
• Education and training programs each year.
• Any ownership change and /or contacts throughout the year
must be updated in the Contact Listing.
Next Steps
• City Council direction to staff:
• Ordinance revisions
• Program revisions
• Additional citizen input.
• Set a Public Hearing date.
• Adopt an Ordinance.
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FAQs Handout- City Council Meeting June 12, 2016
Dwelling units are registered and
inspected?
• All Residential Rental Dwelling Units that are not owner -
occupied and the dwelling unit is rented.
• Does not include owner - occupied units with roommates,
boarders or other persons.
• Exemptions:
• State facilities owned, licensed or certified like dorms, nursing
homes, convalescent homes.
• Community Based Residential Facilities
• Hospitals or other medical facilities
• Hotels, motels.
6/17/2016
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FAQ — What are the Fees?
• Rental Unit Contact listing & Registration - No Fee
• Inspections - Would occur once every 5 years.
• $125 /rental unit
•'
$18o /building (if the owner volunteers to coordinate the
inspections for one trip, regardless of number of rental
units)
Q — I thought State Law
prevented a City from running a
rental inspection program?
• The City of Oshkosh Ordinance is drafted to meet the
requirements of the State Law.
• The City will require a contact listing /registration.
• The City will inspect based on a program of regularly
scheduled inspections.
• The City will charge fees for the inspections and no
more than double the fees for re- inspections.
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- Is this program just a way for
the City to increase the revenues
for the Inspection Division?
• The City will fund the rental program with fees generated
from the rental units inspected.
• Additional staff is required.
• No City general tax dollars will be used, so no other
property owners will be paying for this program.
• The fees will be collected to fund the specific staff working
in the Rental Housing Program - the contact listing,
education and training, inspections and re- inspections.
= What wou
Housing Program budget look like?
• 2,20o rental units inspected per year, for 5 years.
• Each inspector would conduct about 700 -800 unit
inspections per year. That would require 3 inspectors
and a .5 clerical position.
• Total costs for the 3.5 positions estimated at $275,000
per year for the first 5 years.
• $275,000 divided by 2,200 units per year comes out to
$125 /unit.
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FAQ— Why doesn't the Rental
Housing Program just target the
university area or just the "bad
landlords "?
• State Law requires a residential rental inspection
program to be uniform across the City.
• The issues are not confined to any particular area or
landlord.
FAQ— What is this going to cost a
Landlord?
• The Contact listing and registration is no cost.
• The inspection is once every 5 years.
• The landlord can choose to pay $125 /unit and the City
will contact the tenants to arrange for the inspection.
• The landlord can choose to pay s18o /building if there
are more units, and the landlord would voluntarily
arrange for the inspection of all the units in the
building.
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City of Oshkosh
Proposed Residential Rental Contact Registration and Inspection Program
FREQUENTLY
ASKED
IFF QUESTIONS
I thought State Law prevented a City from running a rental registry and inspection program?
2015 Wisconsin Act 176 (February 29, 2016) explicitly permits municipalities to create a registry program as well
as administering a "program of regularly scheduled inspections."
Is this a way for the City to increase revenues for the Inspections Division?
The City has subsidized a rental housing inspector for over 30 years to respond to rental housing complaints with
no inspections charged back to the landlords or tenants as part of the inspection process. The City is now
proposing to move forward with a program of regular inspections which service costs for running the program will
be paid through fees generated through inspections. No City general tax dollars will be paying for the program.
The fees collected will fund the specific staff working in the rental program.
Why doesn't the City just go after the "bad" landlords or just target the university area?
The City was originally looking at developing a pilot area in the central city where the City receives the most calls
for service and where the oldest rental housing stock is located. Once Act 176 was enacted, the State prohibited
municipalities from utilizing pilot areas and requires a rental inspection program to be uniform across the City.
Are City officials going to be searching your apartment?
The City is proposing an inspection program of the physical condition of the dwelling unit to ensure that the
dwelling unit meets health and safety codes. Inspectors will be inspecting the rental dwelling unit for compliance
with various building type codes (e.g. housing, electrical, building, etc.). Inspectors will NOT search a tenant's
personal property.
Is the City going to charge landlords yearly for this inspection program?
The City's proposal is to inspect every residential rental unit in the city once every 5 years. At any given time, every
rental property will be in a 5 year inspection cycle.
Why does it cost $125 per unit for an inspection, isn't that too costly?
The City is proposing $125 inspection fee per unit. Spread out over 5 years, the $125 fee would be $25 per year, or
$2.08 /month per unit.
If City inspectors have to make 8 separate trips to an 8 -unit apartment building, then the inspection fee would
total $1,000. However, the City is also proposing that if the landlord would voluntarily coordinate the inspections
of all units in the building in one trip, then the fee would be $180 for the entire building.
For an 8 -unit building, inspected in one trip, $180 fee over 60 months costs $0.37 /month per unit.
How long will the inspection take?
Inspection length will vary depending on the condition and size of the rental unit. On average an inspection will
take up to an hour.
For additional questions, please contact the
Community Development Department at 920 - 236 -5055
Draft Inspection and Re- inspection Fees
RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM
Contact Registration ........................................ .............................No charge
Inspection Fee ......................................... ............................... $125 per unit
$180 per building if owner voluntarily coordinates inspection of all units
Reinspection Fee ........... .............................If permit required: No reinspection fee
................ .............................If no permit required: $30 per unit
2nd Reinspection Fee: $60 per unit
................ ............................3rd Reinspection Fee: $125 per unit
............................ 4th and Greater Reinspection Fee: $250 per unit