4.1. SR 12-08-2008Item # 4.1.
MEMORANDUM
TO: Mayor and City Council
FROM: Jeff Gongoll, Community Development Director
DATE: December 8, 2008
SUBJECT: Residential Rental Licensing Program Expansion
Premise
Expand the licensing and inspections of all residential rental properties in the City.
Background
In early 1995, the City established a draft Housing Maintenance Code "... to ensure rental
property is kept in a healthy and safe condition, and does not detract from adjacent property
values." It was the consensus at the time to begin enforcement with apartment buildings.
Further, and through this initial activity, the inspection program was defined as apartments
of four (4) or more rental units.
Since then, this has remained the City's practice with these enforcement activities; i.e., the
City, through the Fire Inspector, performs the inspections on residential rental properties of
four (4) or more units. The Building Safety Inspectors are not part of the inspection process
at this time.
Discussion
Regardless of past practice, the City Code provides for the inspection of all residential rental
properties. Sec. 30-152 states the City is to "... safeguard life, health, property, and public
welfare by regulating the occupancy and maintenance of all rental residential buildings and
structures within the city."
Additionally, Sec. 30-157 establishes the International Property Maintenance Code as the means to
enforce the provisions for all rental residential properties. Further, and more specifically,
Division 3. Rental Dwelling License defines the code enforcement duties and requirements
for licensing and inspecting all residential rental properties within the City (Sections 30-191
through 30-199.).
Moving Forward
Therefore, the City Code appears to be in place to perform any of the procedures envisioned
to undertake and enforce the residential rental program. It would further the City's
commitment to a safe and healthy environment for all residents by requiring all property
owners/landlords to be responsible for their buildings. It will also ensure that all residential
units have up-to-date facilities relating to health, safety and welfare for their clients.
Concerns will undoubtedly be raised from landlords regarding additional licensing fees that
they must incur, plus any additional costs to bring their building into code compliance.
Some of the regular items that would be inspected under the International Housing Maintenance
Code are:
^ smoke detectors
^ COZ detectors
^ basement egress (escape window)
^ proper venting of furnace, washer, dryer, water heater, etc.
^ plumbing traps, vents, etc.
Many communities within the area have instituted this program. All have alicense/permit
application but not all charge a fee (axe just interested in establishing a database of rental
information). And, the frequency of licensing periods in other communities varies -from
annually to every three (3) years.
Building Safety Department
With the current housing market sales in decline, we are seeing more single-family residential
dwellings available for rent. Through discussions with Building Official Bob Ruprecht, the
Building Inspectors are ready to proceed and include this in their regular inspection
responsibilities. Additionally, Building Inspector Bill Bandar is scheduled to obtain his fire
inspector certification in early 2009 which will add value to the inspection program. He will
then be able to perform fire code inspections in addition to his regular duties as a building
inspector. Fire Chief Bruce West was also part of the discussion in review and planning of
this program.
Recommendation
1. Review the City Code with the City Attorney to verify whether the Code is accurate
as written or requires any revisions.
2. Establish an annual license application and inspection cycle ($45 per addressed
residence, and $15 per rental unit as recommended in the 2009 City Fee Schedule).
3. Add this to the Building Inspector's duties (Fire Inspector would continue with
apartments of 4 or more rental units).