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HomeMy WebLinkAbout5.b. Housing Maintenance CodeEXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: December 18, 1990 AGENDA ITEM: Housing Maintenance Code AGENDA SECTION: Information Update Old Business PREPARED BY: AGENDA N�� �.,. Ron Wasmund, Building Official ATTACHMENTS: APPROVED B Memorandum V Attached is a memorandum outlining findings of a survey done, including all Dakota County cities and 20 other metro area cities. I have also expanded on each of the seven items identified in my earlier memo to you trying to reach a conclusion for each item. Recommendations made within the memo are to spark discussion only. RECOMMENDED ACTION: Council direction to pursue specific code language for adoption consideration or postponement of formal action for further study. COUNCIL ACTION: Directed staff to prepare the language of a housing maintenance code. eityof 0: Mayor Napper osernount Council Members Klassen, Oxborough, Stephan Jilk, City Administrator Dean Johnson, Community Development FROM: Ron Wasmund, Building Official DATE: December 13, 1990 RE: Maintenance Code Study P O BOX 510 2875 -145TH ST. W. ROSEMOUNT. MINNESOTA 55068 612-423-4411 Willcox, Wippermann Director At Council's direction, I have polled cities in Dakota County and the metro area concerning maintenance codes and other treatment of building deterioration problems. Thirty (30) cities were polled. Ten (10) of them being in Dakota County and twenty (20) around the Minneapolis and St. Paul area. In selecting the cities around Minneapolis and St. Paul I tried to select towns that would provide a wide cross-section. Some towns were selected with population similar to Rosemount; others were selected because of larger population and older housing stock. In Dakota County I polled all cities that have enforcement personnel on staff. Of the ten (10) cities in the county, there are two that currently have housing maintenance codes in place. These are West St. Paul and South St. Paul. Both of these cities have housing that averages 40-50 years old and have experienced some problems with declining maintenance standards. West St. Paul's code applies to all housing whether owner occupied or rental. Until 1991, it was handled on a complaint basis only. Starting in January, 1991 the ordinance will be enforced through a contract with Dakota County HRA using one of their housing inspectors. West St. Paul has established a $5,000 budget for the firs;. year. Their existing maintenance code is 30 years old and will undergo a complete rewrite during 1991. The Building Inspector feels they have had only moderate success with their program. The grossly negligent properties are taken care of, but the lack of staff and budget allows properties to deteriorate more before they are cited for problems. It then takes more time and money to bring the properties into compliance. South St. Paul has a housing maintenance code which applies only to rental property. Owners of rental properties are required to license each unit. The license cost is $15.00 per unit and is good for a three-year period. Each property is inspected before a new license is issued. Twenty percent (20%) of the building inspector's time is budgeted for rental housing inspection for structures containing up to four units. All buildings with over four units are inspected by the fire department. The license fee on 2,500 rental units generates a budget of $11,500 per year. The building inspector for South St. Paul feels they have good success with the rental property, but spends fifty percent (50%) of his House Maintenance Code December 18, 1990 Council Agenda Item 5b. time making inspections, writing correction orders and following up on complaints. They are considering putting the entire program under the control of the fire department. The other eight cities in Dakota County currently have no formal program and respond on a complaint basis only. When they do respond to a complaint, Sections 104(d) and Section 203 of the Uniform Building Code are cited as the pertinent law. Both of these sections refer to maintenance and unsafe buildings, but do not directly regulate the exterior maintenance of the structures for paint condition, siding and other routine maintenance items. Some of the cities using this method have some success, but it involves much staff time, as well as legal staff time. The repairs cited by the inspector generally go to court and are court ordered to be done. There is no method of recuperation of money spent by the municipality since legal costs outweigh the amount of fine that can be levied by misdemeanor offense. Two of the cities (Apple Valley and Farmington) within the eight that do not have a housing code are going to do a formal study in 1991 to consider such adoption. Two other cities have discussed the possibility informally. They are Burnsville and Eagan; however, they are taking a wait-and-see approach. I also contacted Dakota County HRA to see if they have any standards or inspections for their scattered sites and HRA owned property. They do. They use HUD Housing Quality Standards, which establish minimum requirements for a property. All homes in which they place families are inspected prior to placement and then, annually thereafter, as long as they have tenants placed there. These HUD standards are minimum and don't address peeling paint unless it is old enough to be suspect for lead. Of the twenty cities in a ring around Minneapolis and St. Paul (these two large cities were excluded), eight currently have a maintenance code and two others are considering adoption in 1991. I am not going to expand on those any further in this memo, but will use overheads at the council meeting to provide a brief summary. In trying to determine the need for a code in Rosemount, I have researched property files and water billing records to establish an estimated 350-400 rental units. This number does not include any rentals in Rosemount Woods or sleeping rooms. From casual conversations with various members of the community I have reason to believe that there could be between 50-75 sleeping rooms and manufactured homes rented, also. We do receive complaints about properties. Some are rental, others deal with owner -occupied units. A combination of the two results in approximately ten calls per year. When such a complaint is filed, in writing, I will investigate to determine what the existing condition is and what can be done. I have not pursued issues that couldn't be covered with specific language in the 2 House Maintenance Code December 18, 1990 Council Agenda Item 5b. Building Code or Zoning Ordinance. The complaints vary from outdoor storage of junk and debris to aesthetic appearance of the dwelling. I have been involved with two "garbage" house complaints and one rodent infestation case in the last two years. In two of the three cases, I was able to get cooperation of the owner or tenant, therefore being successful in gaining compliance. The third case is still in limbo because I didn't have sufficient reason to gain access through a search warrant. I do feel that there is some need in the community to have some form of code or language to gain compliance. In order to address all issues received by complaint, the comprehensiveness of coverage would have to include aesthetics, energy, life safety, health and environment. Most housing ordinances, when written, do incorporate standards for compliance with all of these issues. With the standards defined in a written code, compliance is gained by citing specific language which has been adopted into local law. There is still an opportunity for these cases to go to court, but by having written ordinances to provide to the judge or defense attorney, most often the length of the case is shortened, thus saving staff time and legal fees, which otherwise would be spent constructing a case. The scope of application has to be decided by Council and the community. Staff can and will work with whomever by providing input and developing a list of examples, if needed. The City of Columbia Heights recently adopted a Rental Housing Ordinance which is enforced only on rental property since July of 1990. Now they are facing cries of discrimination and threats of legal action from a landlord's organization within their town. Staffing is one of the biggest issues to consider in all of this discussion. I am not going to use this opportunity to grumble about work schedules, but it must be realized that any effective enforcement policy does require a commitment of time. Of the ten out of 30 cities polled that are enforcing a maintenance code, the average staff is 1.5 people, not including those using full time fire fighters to do some inspections. I feel that in order to do an effective job of enforcement, even on a rental only level, we would have to commit one person's time to enforcement. This requirement will vary depending on the scope of application. Income from the various existing codes in other cities varied greatly. All income generated was from either rental license fees or point of sale inspections. The highest license fee was $50.00 for a single unit and the lowest was $5.00 for a single unit. They varied with all amounts in between. I averaged them and found $22.21 to be the midpoint. By taking the estimated 400 rental units at $22.21 each, we would generate $8,884.00 in revenue from license fees. This is one-fourth of the average budget determined by the survey. There may be other ways of generating income, but I am unprepared to discuss them at this point. There would undoubtably be a need for a commitment from the City Council for some funding out of the general budget. This amount 3 House Maintenance Code December 18, 1990 Council Agenda Item 5b. would vary with the scope of application and our abilities to be creative with other methods of funding. The impact on the community would have to be measured by methods other than the complaints that any kind of maintenance code would generate. The newer the housing stock at the time of adoption, typically the fewer the problems encountered. The fewer the problems we have the fewer disgruntled people there are. I estimate the average age of homes in Rosemount to be 15-20 years. By preliminary census figures it's estimated there are a total of 2,863 housing units within the City. We all know that we have homes older and newer than that 15-20 year range. This is a common age group when structures start needing maintenance such as roofs, paint, window repair, door repair, carpets, furnaces, water heaters and even some water or drain pipe repair or replacement. By keeping the standards of housing up while relatively young, the impact on staff and the community is less. By initiating some kind of program now, the necessary tools would be there if needed. This memo is, once again, very broad in areas covered. I would be very glad to discuss any options, concerns or desires that any of you may have concerning this matter. I have also attached some general information relating to the survey I did to help substantiate my examples. I will use them as overheads at the Council Meeting during our discussion. Thank you. 4 .MMOA 104 UNIFORM BUILDING CODE which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing buildine or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded: will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits: will create a fire hazard; will reduce required fire resistance or will other- wise create conditions dangerous to human life. Any building so altered. which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus nem, additions shall not exceed the height, number of stories and area specified for new build- inL,s. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except \vhen such addition or alteration will result in the existing building or structure being no more hazardous based on life safety. fire safety and sanitation, than before such additions or alterations are undertaken. [See also Section 911 (c) for Group H. Division 6 Occupancies. ] .Alterations or repairs to an existing building or structure which are nonstruc- tural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. The installation or replacement of Blass shall be as required for new installations. (c) Existing Installations. Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life. Anv chance in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 502 of this code. For existing buildings. see Appendix Chapter 1. (d) Maintenance. All buildings and structures. both existing and new. and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safezuards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or his designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection. the building official may cause any structure to be reinspected. (e) Moved Buildings and Temporary Buildings. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. Temporary structures such as reviewing stands and other miscellaneous struc- tures. sheds. canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the building official for a limited period of time. Such buildings or structures need not comply with the type of construction or fire -resistive time periods required by this 1305.0400 SECTION 203. UBC Section 203 is amended to read as follows: UBC Section 203. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment arc, for the purpose of this section, unsafe uses. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members which are supported by, attached to, or part of a building and which are in deteriorated condition _1 or otherwise unable to sustain the design loads which are specified in the code are unsafe building appendages. All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in Minnesota Statutes, section 463.15 to 463.26. 1988 U.B.C. Minnesota State Amendments Page 6 0