HomeMy WebLinkAbout27. 19-93 FEBRUARY 12, 2019 19-93 RESOLUTION
(CARRIED 5-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE UPDATE TO RENTAL HOUSING INSPECTION
PROGRAM DISTRICT MAP AND FEE SCHEDULE
INITIATED BY: CITY ADMINISTRATION
RENTAL HOUSING ADVISORY BOARD RECOMMENDATION: Approved
WHEREAS, the Common Council of the City of Oshkosh approved creating a
Residential Contact Registration and Inspection Program on September 13, 2016; and
WHEREAS, the City suspended the program in 2018 so the Rental Housing
Advisory Board could study the new State law and program; and
WHEREAS, State law requires the City to not charge for rental inspection fees (see
attached) until code violations remain uncorrected after two inspections and 30-days to
correct the code violations; and
WHEREAS, State law allows the City to select neighborhoods or districts in which
the rental inspection program would be performed.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that the "Residential Rental Inspection Fee Schedule", is hereby amended, per
the attached, effective March 1, 2019.
BE IT FURTHER RESOLVED that the attached updated 5-Year Residential Rental
Inspection Map is hereby approved effective March 1, 2019.
RESIDENTIAL RENTAL INSPECTION
....
kid
•...
Inspections
No Violations
All
Violations NOT Corrected
Violations
within 30 Days
Corrected
within 30
Days
Initial Inspection
$0
I" Reinspection
$0
$90+$150= $240 (Occupied Unit)
$75+$150= $225 (Vacant Unit)
2nd Reinspection and
$150
subsequent inspections
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: February 5, 2019
RE: Approve Update to Rental Housing Inspection Program District Map and
Fee Schedule
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 updated Ordinance and accompanying
resolution are the result of their work.
The updated Ordinance was the first of three elements that the Council would approve
for the Residential Rental Registration and Inspection Program. The Ordinance identified
the program parameters and much of the program parameters are staying the same as
was originally adopted. The district mapping and updated fee schedule now come before
Council to implement the new Ordinance as a Resolution.
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.
• District Map - The new State law allows the City to select neighborhoods or
districts in which the residential rental inspections would be performed. The
City's interpretation of earlier State law was that the program had to be applied
throughout the City. The new State Statute allows the Council to select the
district(s) in which the rental housing inspections would be performed. The Rental
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Housing Advisory Board (RHAB) asked City staff to tailor a geographic analysis
of the City to help select the district(s) best suited for inspections. The RHAB
selected the following criteria for mapping purposes: Locations of Crimes against
Property and People (OPD), Code Enforcement violations (Building Inspection),
Foreclosures (Assessor), and Housing Condition, Desirability and Usefulness
(Assessor). The attached map identifies the new districts and the aggregated data
for all criteria for each block.
• 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
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.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The City Council approves the proposed Update to the Rental Housing Inspection
Program - District Map and Fee Schedule.
Submitted,
Allen Davis
Community Development Director
Approved:
c J
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of
property, boundaries and other feature from a variety of sources. These map(s)Idatasets are provided for information purposes only and
may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without warranties of any kind
and the City of Oshkosh assumes no liability for use or misuse.
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1 in=0.38 mi
1 in = 2,000 ft
Printing Date: 2/5/2019
Prepared by: City of Oshkosh, WI
Cityof
Oshkosh
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