City of
Special City
Council Meeting
November 4,
2010
The
Mayor Mary
Jane Chesley called this Special City Council Meeting to order and stated that
the purpose of this Special Meeting is for the First Reading of an Ordinance to
Adopt Article 10A, The Housing Code For Non-Owner Occupied Dwellings. Mayor
Chesley turned the meeting over to City Manager Ron Neibert.
Roll call
showed present: Council Member Mary Burgan, Council Member Dennis McEnaney,
Council Member Todd Piper, Council Member David Wood and Mayor Mary Jane
Chesley.
City Manager
Neibert stated that this is the Ordinance that the City has been working on for
9 months or so. There had been previous meetings held to discuss that there
needed to be some type of regulations for rental properties. Mr. Neibert stated
that there has been a committee working on this Ordinance for quite a while. Mr.
Neibert introduced Mrs. Cindy Bevis to name the rest of the committee.
Mrs. Bevis stated that the committee consisted of Dorothy Wood, Myron
Foley, Kitty Irvin, Chris Bean, Dennis Hoffmann, Scott Quinn, Luther Ganieany,
Derrick Quitsch, Kevin Sargent, Ron Neibert, Mayor Chesley and Cindy Bevis.
Mayor Chesley stated that Dennis McEnaney, David Wood and Todd Piper had rotated
meetings so they could attend.
City Manager
Ron Neibert stated that this Ordinance is proposed to address a number of
situations in rentals. Mr. Neibert stated that in the City there are many
substandard properties in the City. Mr. Neibert stated that in the last 10
years, the City has spent over $600,000.00 to demolish structures.
He stated that 80% of these demolitions had been rental properties. He
stated that the City gets many complaints of properties, complaints of tenants
living in substandard properties. The City’s ability to help to try to bring
some of those properties up to living standards was extremely limited under the
existing Ordinance. The City could
not inspect properties without probable cause and without permission of the
tenants, so
they could help much. Staff feels that this Ordinance will accomplish the goal.
Assistant
Fire Chief Kevin Sargent presented a power point presentation of a brief
synopsis of the Ordinance. Mr. Sargent stated that the committee put the
Ordinance together so we would not be going over it line by line. Mr. Sargent
stated that these are home within the City of Mt. Vernon that are used as
rentals and cannot claim the Homestead Exemption. The purpose of this Ordinance
is to provide safety and general welfare to all of our citizens. This will also
protect the character and stability of the neighborhoods in the City.
Mr. Sargent
stated that as of when the Ordinance goes into affect, owners will have one year
to comply with the Ordinance. There will be a three (3) year inspection period
and after the inspections the owner will be given a three year certificate of
occupancy. That home will not be inspected again for three years. There will be
penalties for violations found upon the inspections.
There will
be no water allowed upon premises that cannot pass the inspections. This also
allows for the City to discontinue water service for any violations. There can
also be fines against properties that are non-compliant through the courts.
Mr. Sargent
stated the benefits to the tenants. It provides for their safety and sanitary
housing units. Knowing that the
residence that they live in is being held to a minimum standard and gives them
the ability to know that their residence can be inspected either for a complaint
and/or possible violations.
Mr. Sargent
stated that some of the benefits to the owners are that they will have the
ability to have written into the lease agreements the tenant responsibilities.
They will also be able to use the Ordinance to be able to evict through the
Court system any problem tenants. There will be a tracking system to be able to
track bad tenants. There will be an owner list of all dwellings.
There will
be benefits to the community such as to keep the properties up and maintain them
on the tax roles and will lessen the burden to all tax payers.
It will help keep areas of the City from becoming run down and
dilapidated. It will help maintain
cleanliness and trash conditions.
Mr. Sargent
explained the fees for the inspections and how they will work and also the
re-inspection fees. Mr. Sargent went over the entire inspection checklist.
Council
Member Dennis McEnaney asked about the tracking system and if owners would be
notified before the inspections are made.
Mr. Sargent stated that the owners would have a five day notice before
the inspections are made.
Council
Member David Wood asked about the court system being able to help with this
because of the long backup of their schedules.
City Manager Ron Neibert stated that at least this will give the City a
right of entry into some of the properties.
Council Member Wood also asked about the ability to turn off the water on
renters. City Manager Neibert
stated that they will be given a 14 day notice.
Council
Member Todd Piper asked about how the Ordinance was designed.
Mr. Neibert stated that this Ordinance came by Ordinances from several
different cities, a compilation of their Ordinances into one final.
Council
Member David Wood asked if the current Housing Ordinance was not being enforced.
Council
Member Mary Burgan asked about the software for this.
Mr. Sargent stated that we have the software now in the firehouse
software. It just needs a little
tweaking.
Council
Member Todd Piper asked about the success of other communities that are doing
this. City Manager Ron Neibert stated that the City of
Mayor Mary
Jane Chesley opened the floor for the audience to speak.
Mrs.
Rosemary Doty asked where the City was going to get the funds for the manpower
it was going to take to do the inspections and make sure everything is done.
City Manager Ron Neibert stated that by this not starting for one year and the
three year period between inspections, the current staff will be able to handle
all of the work. Mrs. Doty spoke
regarding the City alleys being grown up and trashy.
One of her tenants uses the alley for a driveway and there are so many
mud holes in it.
Council
Member Dennis McEnaney asked if we knew the total number of rental properties in
the City. City Manager Ron Neibert
stated that there are 2,000 rental properties in the City.
If they inspect every three years, it would be 600 properties each year.
Council Member David Wood asked about trash violations in the City. Will
the ability to turn off the water also work for trash violations.
City Manager Ron Neibert stated that it would if it is a rental unit
Madolyn
Stribiling asked if the electrical would be checked to be sure it is up to code
with these inspections. She stated
that in the older homes the wiring might not be rated high enough to carry all
that is needed. Kevin Sargent
stated that yes, definitely the electric would be checked. Especially to be sure
that it is graded high enough to not cause fires.
Ms. Stribiling asked about the sewer back up in a lot of the homes.
She stated that some of her properties have water in the basements a lot.
City Manager Ron Neibert stated that people can put in what is called a backflow
device that will help keep water from coming back into the homes. Council Member
Todd Piper asked about low ceilings in a home.
Mr. Sargent stated that if the ceilings are low, if they build on, the
new ceilings have to be certain heights.
Council Member Mary Burgan asked about the sewer backup for
clarification.
Charles
Jones (Mr. Woo) addressed Council regarding how long it takes a landlord to get
a renter out of their properties.
He realizes that that is a court problem, but with the court we are looking at
at least 90 days. City Manager Ron Neibert stated that this will only help as
much as we can with that problem.
Mr. Jones asked about ‘contract for deed’ properties. He stated that he has sold
property on contracts. Mr. Neibert
stated that the contract for deed buyer is the responsible party. Mr. Jones
stated that he thinks this Ordinance is too much too fast.
It will put burdens on property owners and tenants. He is afraid that the
City is going to run a lot of older, poor people out. He spoke regarding the
newer homes built by large companies that rented to the worst renters that they
could. He said to look at the conditions of those houses now.
Mr. Dante
Moore stated that he too wants to speak about the homes built in town by the two
large out of town companies and the condition of them. Will they be made to
comply with all of these rules also and fined.
City Manager Ron Neibert stated that part of their agreements is that
they must have a representative within the City, so yes they will have to comply
also.
Mr. Kyle
Minor spoke regarding the inspections of the homes. He asked how many new
inspectors would have to be hired to do this job and how long it would take to
do one inspection. City Manager Ron Neibert stated that the three inspectors
that are currently City employees would be able to do all of the inspections.
He stated that they should be able to do one inspection in 1 ½ to 2
hours. Mr. Minor asked if this program was going to make taxes increase.
Mrs. Lisa
Jones spoke regarding the fact that they own some 60 rental units.
The child proof locks on cabinets alone would cost them $1,200.00 to do.
She stated that the Comprehensive Plan states that there are 3,700 rental units
in the City. They rent their units for
$350.00 to $600.00 per month which includes water, sewer and trash. They rent to
as low income people that they can rent to. It is all that the renters can do to
pay their rent. It takes Mrs. Jones all month to collect the rent from most of
them. The rents are all due on the first of the month. A lot of the renters say
things like, I can’t pay all of it on the first, and so they drag it out the
whole month and pay a little each week. Then it’s time again for another month.
She also works with renters on their security deposits. The renters cannot
handle any more expenses. They are
maxed out with the economy the way it is.
It is such a
struggle for them. With the State not paying their bills to people that they
owe. Mrs. Jones stated that it also
takes all month long for them to repair what is torn up in the rentals.
They tear it up and they fix it, they tear it up and they fix it. That is
how it goes all month long. The last thing needed is the City coming in and
telling everyone how to run their business. The owners do not need any more
burdens either. When people leave their rentals they leave anything they don’t
want, furniture, debris, trash and anything. They have bought a truck to haul
away all of the stuff left behind.
Now there is nowhere in the City to be able to take this stuff to dump and they
have to go clear to
Dorothy Wood
addressed Council stating that she did sit on the committee along with other
realtors, landlords etc. but she wanted to clarify that when you read the
article in the paper it sounded like they were all together with all that this
Ordinance said. That was not the case, she stated that they were all there to
listen to and defend a position. The City is working to try to clean up
properties. She asked for each Council Member and everyone in attendance to take
the Ordinance and read it page by page. She felt that a lot of what you see in
the Ordinance is not what the City means.
She spoke regarding a letter to a client that gave them 14 days to repair
everything that needed to be done before a foreclosure or the City would
demolish the structure. When asked about it, the City said well we don’t mean 14
days, that is just a notice. She stated that other paragraphs in the ordinance
need to be cleared up also. If that’s not what you mean, say what you do mean.
She mentioned a part in the Ordinance about selling your property. Under
transfer of ownership she stated it was unlawful to sell, etc. if there are any
inspection violations. She said again that the Ordinance is not clear on a lot
of issues. Kevin Sargent stated
that they discussed these things in the committee meetings and it is all about
non-owner occupied homes. If the property is sold to someone that wants to live
in it, rather than rent it, this Ordinance does not apply. Mrs. Wood stated that
the ordinance jumps around too much and needs clarification. She stated that she
bets that a home today in
Ms. Kitty
Irvin of Tanglewood Apartments spoke regarding a portion that required deadbolt
locks on all of the doors. She stated that she would be making keys and
installing locks all of the time.
She already has 3 or 4 keys to each unit because they all have two doors for
entry. She stated that a lot of her units are for elderly renters so she needs
to be able to have entry also in case of emergencies without breaking the doors.
Ms. Irvin stated that most people don’t even have deadbolts on their doors at
home. She feels this upgrade is too
much to ask and would like to have it deleted.
Madelyn
Stribiling spoke again saying that asked if the Certificate of Occupancy is good
for three years. She was answered
yes.
Mr. Sam
Totten asked if there were no tenants on the committee. Cindy Bevis stated that
they asked for some, but none of them came forward. He also asked about the
deadbolt locks. He also spoke about his having a building with 4 tenants and if
we shut off one property’s water they are all shut off.
Scott
Clifton spoke regarding wet basements, lead paint and fires.
Bernadine
Canfield spoke about the locks. She
said people will just kick the door in.
She has had to replace several doors on her mobile home rentals and they
cost $500.00 each. She spoke
regarding the medicine cabinet lock ups.
Lyle Wood
spoke regarding sewage in basements around town. Council Member David Wood
stated that the City is working on replacing many of the old sewers in town, but
it will take a while. It’s not a
one week fix. Mr. Wood also spoke
regarding reasonable locks, not necessarily dead bolts.
Council
Member Mary Burgan spoke regarding her owning rentals herself and how the
rentals were before she purchased it.
She stated that she got fleas herself while cleaning out the building,
shoveled human feces out of the house and many other things. People should not
have to live that way, regardless of how poor they are.
Council
Member David Wood spoke regarding property values and how they are affecting
other homes in the areas. We are trying not to be unusually burdensome on the
owners, but something must be done.
ADJOURNMENT
Motion by
Council Member Todd Piper to adjourn this Special Meeting.
Second by Council Member David Wood.
Yeas: Burgan, McEnaney, Piper, Wood and Chesley.