Memorandum

City of Lawrence

Planning & Development Services

 

 

TO:

David L. Corliss, City Manager

 

FROM:

Planning and Development Services Staff

 

Date:

For December 17, 2013 City Commission Regular Meeting

 

RE:

Rental Expansion

 

 

At the December 3, 2013 City Commission meeting, the Commission agreed that Mayor Dever and Vice-Mayor Amyx would review the complete list of minimum housing standards of the Property Maintenance Code and submit to the full Commission a list of standards that would fulfill the goal of establishing a program that would inspect only standards identified to address the highest level of life-safety issues. The Commission also requested certain administrative forms related to the program to ensure that the administrative implementation of the program aligned with the ordinance.  The following is provided:

 

1.  Ordinance 8840 (Draft 1 considered on December 3rd)

2.  Ordinance 8840 (Draft 2) - a proposed ordinance submitted by the Mayor and Vice-Mayor which proposes revisions as noted later in this memo

3.  Initial City Attorney Office Comments Draft 2 to Ordinance 8840 Draft 2

4.  Draft Rental License Application

5.  Draft Checklist Reflecting Ordinance 8840 Draft 1 (Complete list of Property Maintenance Code standards, as well as reference to the Land Development Code for zoning and occupancy standards, with standards of Draft 2 highlighted in turquoise for comparison purposes)

6.  Draft Checklist Reflecting Ordinance 8840 Draft 2 (listing only those standards included in the proposed Draft 2 ordinance without comparison to the complete list of code standards)

7.  Draft Rental License

8.  Draft Consent for Inspection Form

9.  Draft Revised Administrative Regulations

 

The following further explains the attachments noted above:

 

Ordinance 8840 (Draft 1 considered on December 3rd)

  1. This is the ordinance considered by the Commission December 3 provided for reference.

 

Ordinance 8840 Draft 2

  1. Ordinance 8840 (Draft 2) has been submitted by the Mayor and Vice-Mayor as an outcome of the December 3rd Commission discussion.  The substantial changes from the Draft 1 ordinance includes:
    1. Revisions to the recitals/purpose of the program.
    2. Requiring that inspectors be certified to perform their duties.
    3. Proposing a new definition for “Qualified Vacant Unit” and setting a policy to inspect such units as a priority of the inspection process.
    4. Incorporating the license application, inspection checklist, and consent form as attachments to the ordinance.
    5. Adding a requirement for staff to present specific evidence when alleging fraud or misrepresentation of a license application.
    6. Sets the first cycle of expiration dates in the year 2016.
    7. Re-inserts the 15-unit cap on the number of units to inspect owned by a licensee.
    8. Requires at least 72 hours of notice to enter with consent or with the granting of an administrative search warrant.
    9. Establishes a subset list of minimum housing maintenance codes by which to apply to inspections.  Maintains the major and minor aspects related to the incentive program.
    10. Clarifies responsibility for adhering to occupancy limits.
    11. Clarifies elements of the appeal and revocation process.
    12. Deletes a recent provision added to the RS-based program related to a municipal judge having authority to suspend the fine if found guilty of a violation.
    13. Establishes an automatic termination of the program at the end of 2017 unless the Commission extends the program.

 

Initial Staff Response to Ordinance 8840 Draft 2

  1. This document highlights initial recommended revisions to Ordinance 8840 Draft 2 per staff’s review.  If it is the desire of the Commission to proceed with Draft 2, staff recommends that the Commission provide direction in formalizing Draft 2 for more formal consideration in January.

 

Forms

  1. Application – A draft application is provided that captures owner and property information in order to issue the license.  Per previous City Commission direction related to the RS-based program, the application requires a landlord to acknowledge the occupancy limits and inform their tenants of such.  Staff provides a form as part of the application process for landlords’ use to complete this aspect of the program.
  2. Consent form – A draft consent form is provided to reflect the city’s request of tenants to provide written consent to allow entry to complete the inspection.  Note that it does provide notice of possible photographing of violations.  Staff has removed any reference to taking video as this is not typically the practice of staff.
  3. Checklists – The inspection checklist is useful in several ways: it provides notice to landlords and tenants of the list of possible code violations, it aids the inspectors in identifying potential code violations, and it serves as the official notice of violation to the landlord or tenant if a violation exists. It will need to be revised to incorporate the final list of standards as agreed upon by the Commission.  The checklist associated with Ordinance 8840 Draft 1 includes all the possible minimum code standards of the Property Maintenance Code and highlights, in turquise color, those standards that will be inspected by the rental inspection program per the Draft 2 ordinance.  The checklist associated with Ordinance 8840 Draft 2 includes only those standards included in the Draft 2 ordinance.
  4. Rental License – This is the document that will be provided to the licensee.

 

Administrative Regulations

  1. The Administrative Regulations have been revised from the December 3rd version to reflect the proposed ordinance changes included in Draft 2.

 

Action Requested

Review information and direct staff as appropriate.