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HomeMy WebLinkAbout28. 19-25 JANUARY 8, 2019 19-25 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND DIVISION 6 RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16 HOUSING CODE INITIATED BY: INSPECTIONS DIVISION A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 AMENDING SECTIONS 16- 47 AND 16-49 OF THE MUNICIPAL CODE PERTAINING TO RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 16-47 of the Oshkosh Municipal Code pertaining to the Residential Rental Contact Registration and Inspection program is hereby repealed and recreated to read as follows: The Oshkosh Common Council finds that it is necessary to establish a program of regularly scheduled, systematic registration of residential rental dwelling units, and for the regularly scheduled, systematic inspections of residential rental dwelling units within a neighborhood stabilization and enhancement district(s) within 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. JANUARY 8, 2019 19-25 ORDINANCE FIRST READING CONT'D SECTION 2. That Section 16-49(A) of the Oshkosh Municipal Code pertaining to the Residential Rental Inspection is hereby repealed and recreated to read as follows: (A) The City of Oshkosh hereby establishes a program of regularly scheduled inspections of all residential rental dwelling units located within the neighborhood stabilization and enhancement district in the City of Oshkosh. SECTION 3. That Section 16-49(B) of the Oshkosh Municipal Code pertaining to the Residential Rental Inspection is hereby created to read as follows: (S) The neighborhood stabilization and enhancement area shall be defined in accordance with state statute and the Common Council shall adopt the district(s) by resolution. SECTION 4. That Section 16-49(C)(1) of the Oshkosh Municipal Code pertaining to the Residential Rental Inspection is hereby amended to delete "present at the time of inspection." SECTION 5. That Section 16-49(C)(2) of the Oshkosh Municipal Code pertaining to the Residential Rental Inspection is hereby amended by deleting "an occupied" and inserting "a vacant." SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 7. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-XXX AMEND DIVISION 6 RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM OF CHAPTER 16 HOUSING CODE on January 22, 2019. This Ordinance amends Chapter 16 Housing Code of the Municipal Code pertaining to Division 6 Residential Rental Contact Registration and Inspection Program. 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. inY ttf Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: January 3, 2019 RE: Amend Division 6 Residential Rental Contact Registration & Inspection Program of Chapter 16 Housing Code BACKGROUND The City of Oshkosh established a Residential Rental Contact Registration and Inspection Program in 2016 and began implementation in 2017. Due to changes to State law, the City suspended the program in 2018 so that the Rental Housing Advisory Board (RHAB) could study the new State law and the program. In the summer and fall of 2018, the RHAB met several times to review the results of the original program, the alternatives available to the city with the new State law, and listen to citizens regarding their concerns regarding rental housing inspections. The draft Ordinance is the result of their work. The draft Ordinance is the first of three elements that the Council will be asked to consider regarding the Residential Rental Registration and Inspection Program. The Ordinance identifies the program parameters and much of the program parameters are staying the same as was originally adopted. The subsequent district mapping and updated fee schedule would come before Council soon after the Ordinance is updated, as separate Resolutions. ANALYSIS The most significant changes to the program are in the geographic areas in which the inspections would be performed and the fees that would be charged for the rental housing inspections, and the inclusion of complaint-based inspections are changes based on changes to State law. • Geographic area — The new State law allows the City to select neighborhoods or districts in which the rental housing inspections would be performed. The City's interpretation of earlier State law was that the program had to be applied throughout the City. The proposed change to Chapter 16 allows the Council to select the district(s) in which the rental housing inspections would be performed. • Fees — The new State law requires the City to not charge the property owner for the inspection until code violations remain uncorrected after two inspections and City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 30-days to correct the code violations. The proposed fees charged to the property owner are in compliance with State law. • Complaint-based Inspections - Another element of the State law change that the City could now enforce is some complaint-driven inspections could be added to the inspection program. Currently, complaint-driven inspections are handled outside the rental housing inspection program. State law now allows a complaint -based inspection to draw the property into annual inspections if the original code violations are not corrected within 30 days. The property would not have to be located in a City-selected district. The property would need to pass two subsequent annual inspections before being dropped from the rental housing inspection program. Most of the other elements of the City's program stay the same: Staff would continue to send letters to tenants requesting a voluntary inspection, and tenants must provide permission to the City inspectors. Any code violations would need to be corrected by the owner. The City would continue to use a 5-year cycle for all the districts in the City and use the same checklist for the interior and exterior inspections. The only significant change to the inspections would be the end to exterior-only inspections. The City would end the exterior-only inspection and rely on tenant approval or complaints to initiate exterior rental housing inspections. FISCAL IMPACT The fees charged to property owners that supported the program in the past were reduced by the new State law. Owners cannot be charged inspection fees until they have failed both a first and second inspection. Since history indicates that scenario is unlikely to occur, the City has budgeted $25,000 for 2019 out of general purpose revenues to support the costs of the inspection program-registration, clerical,printing,mailings, and inspector time. Staff will not exceed the $25,000 budget in 2019. Since it is a 5-year program cycle, at least one-fifth of the known rental units in the adopted districts will receive letters from the City. The early results of the 2019 efforts will be available in the fall of 2019 to better gauge the budget needs for 2020 and the future. RECOMMENDATION The City Council approves the proposed Ordinance update in order to comply with State law. Submitted, Approved: ATA, • Allen Davis Mark A. Rohloff Community Development Director City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us DIVISION 6. RESIDENTIAL RENTAL CONTACT REGISTRATION AND INSPECTION PROGRAM SECTION 16-47 FINDINGS 44qe C)shkosh Common Council finds that it is neEessar-y to est-ab-14-0-:1 -;; program of r-egularly scheduled, systematie, Eity wide program for the registration and inspectio-n A-fresid-ential rental dwelling units in the eity to ensure that tliose units pr-ovi4e safe, deeent and sanitary living further- deterioration those units. The Oshkosh Common Council finds that it is necessary to establish a program of regularly scheduled, systematic registration of residential rental dwelling units and for the regularly scheduled, systematic inspections of residential rental dwelling units within a neighborhood stabilization and enhancement district(s) within the city to ensure that those units provide safe, decent and sanitarylg 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 record the residential rental contact registration with the Department on application forms provided by the Department by January 1,2017 for rental units existing on the effective date of this ordinance or within 30 days of full or partial occupancy of new construction or creation of residential rental units. (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 or agent's legal name and telephone number. The owner may voluntary provide an email address,for the owner or the agent of the owner. (C) The owner of a Residential Rental Dwelling Unit shall update the Residential Rental Contact Registration on file with the Department within 30 days of any changes in the information required by (B) above to ensure that it includes the correct and current contact information at all times. (D) Within 30 days of the Sale, Transfer or Conveyance of the Residential Rental Dwelling Unit the new Owner shall submit to the City the completed Residential Contact Registration as provided in(B) above. (E) The residential rental contact registration does not act as a statement or admission regarding the rental unit condition or compliance of the rental unit with any other code or ordinance. (F) There shall be no fee for the residential rental contact registration. SECTION 16-49 RESIDENTIAL RENTAL INSPECTION (A) As of january 1, The City of Oshkosh hereby establishes a program of regularly scheduled inspections of all residential rental dwelling units located within the neighborhood stabilization and enhancement district in the City of Oshkosh. (B) The neighborhood stabilization and enhancement area shall be defined in accordance with state statute and the Common Council shall adopt the district(s)by resolution.(Repeaked) (C) Inspections shall only be conducted: (1) in an occupied dwelling unit with consent from an adult tenant present,,, the time of inspeefi-en; (2) in a vacant an ,,,,,upiea dwelling unit with consent from the owner or owner's agent who is present at the time of the inspection;or (3) upon obtaining 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 the Department. (E) The Department shall charge a fee for the residential rental unit inspection as approved within the fee schedule adopted by the Common Council. Inspection Fees shall be collected as a special charge as provided in§66.0627 of the Wisconsin Statutes and entered on the tax roll if unpaid, or may be collected in any other manner allowed by law. The enactment of this ordinance shall constitute notice to property owners of such charge. (E) 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,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 occupied 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 family homes. (9) TENANT. "Tenant" shall mean 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."