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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/11/2008 - PROPOSED REVISIONS TO CITY CODE ARTICLE VI, DIVISI DATE: March 11, 2008 WORK SESSION ITEM STAFF: Felix Lee FORT COLLINS CITY COUNCIL Teresa Ablao SUBJECT FOR DISCUSSION Proposed Revisions to City Code Article VI, Division 2, Rental Housing Standards. EXECUTIVE SUMMARY Staff is proposing to adopt the national model 2006 International Property Maintenance Code (IPMQ with the 2007 Supplement as the basic template, plus local amendments, to update and improve the current"Dangerous Buildings Code" (which is addressed in a separate item) and the current "Rental Housing Standards." The IPMC is updated every three years. Staff s goal is to produce minimum standards that reflect Council's priorities. This item focuses on the"Rental Housing Standards"provisions currently located in Chapter 5 of the City Code. Rental Housing Standards are regulations that prescribe minimum standards for basic living conditions in rental housing. Examples include provisions that address items such as: shelter, safe exits,heating, sanitary and bathroom facilities, lighting and ventilation. The proposed regulations would be the first comprehensive update to the City's existing complaint-based and first local Rental Housing Standards originally adopted in 1982. Prior to enacting the new "occupant- limit ordinance"in January 2007,only a small number of complaints were filed,typically 20-30 per year. Purpose The purpose of the proposed revisions is to enhance health and safety of residents, and, improve consistency and equity in the administration of the regulations. The revisions apply to all rental housing,including single and multi-family dwellings,hotels and rooming houses.The proposed revisions do not require that existing rental housing retroactively complies with current "City Building Codes", except for new additions and major renovations. Problem Since Neighborhood and Building Services (NBS) began enforcement of the "occupant-limit ordinance"in 2007,inspections have revealed a multitude of violations related to health and safety in rented housing/lodging. Additionally, a number of"unlawful" (unrecorded) rented dwelling units have come to light through the complaint process. These revealed violations illustrate the need to perform a comprehensive update to the current code. Violations and problems include: • Obstructed or undersized emergency escape and rescue windows • Lack of or inadequately maintained permanent heating equipment • Unsafe venting of gas-fueled appliances • Hazardous or overloaded electrical outlets and lighting fixtures • Unsafe use of extension cords March 11, 2008 Page 2 • Massive raw sewage backups throughout entire dwelling units • Evidence of significant amounts of mold • No consistent procedure/regulations addressing "non-recorded" rental housing/rooming units (i.e.,those units created unlawfully or for which no documentation is available). • High probability that a significant number of units in our rental housing stock are non- compliant with minimum health and safety standards. • Ambiguous process for appealing staff decisions Recommendation and Bottom Line Staff recommends adoption of the proposed revisions to provide better clarity, enhance health and safety of residents and improve consistency and equity in the administration of the regulations. If Council directs,staff will bring forward an ordinance for Council consideration at a regular Council meeting, which could be scheduled as early as April 15, 2008. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council concur with the proposed revisions? a. Ifnot,does Council wish to review additional provisions not included in the changes, or delete certain provisions? b. If not,does Council wish to retain the current Rental Housing Standards unchanged? 2. Does Council wish to consider an ordinance adopting the proposed amended IPMC addressing minimum rental housing standards on April 15, 2008 or on a different time frame? BACKGROUND Discussion about revising "Rental Housing Standards" emerged to update the City's current outdated code because of complaints about enforcement efficacy of the"3-unrelated"ordinance in effect at the time. Council also expressed concerns about the conditions in some rental housing units. There have been two previous Council work sessions to discuss the proposed revisions on September 12, 2006 and August 14, 2007. At the August 14, 2007 Work Session, Council directed staff to: • Provide examples of significant proposed revisions in order of priority and what they are intended to resolve. (Attachment 2) • Describe Health Department perspective on related health issues: Larimer County Health and Environment(L CHE)focuses on health related concerns to the general public and not occupants of dwellings. Before taking action,LCHE must determine that the general public is or about to be impacted. Examples include, West Nile virus and rodent infestation that goes beyond a single property. March 11, 2008 Page 3 • Compare proposed revisions to the International Property Maintenance Code (IPMC) (Attachment 3) • Identify the number of dwelling units affected by the proposed revisions. Estimate the number of rental dwellings that might be removed from the housing inventory because of the new provisions: 2006 Census estimates indicate about 26,000 renter-occupied housing/rooming units (includes hotels, motels, mobile homes, boarding houses, rooming houses, apartments, condominiums, and single-family homes). This represents approximately 46%of the total housing units of about 59,000. From the 2000 Census, the percentage of renter-occupied housing v. owner-occupied housing has increased from 43%to 46%. It is impossible to determine how many, if any, rental housing units would be eliminated from the entire housing inventory in the City without inspecting all rental units. However, some of the rental housing stock that is in the most dire/unsafe condition may be eliminated. Also, increases in complaints could reveal unlawful units which will also be subject to compliance or elimination. • Identify available sources that might assist owners of low-income rental properties comply with the provisions: Grant Administrator staff from Neighborhood and Building Services has not yet found any local, state or federal agencies that assist owners of low-income rental properties to bring their property up to compliance with minimum housing standards because rental properties are considered investments. Low-income property owners could elect to include their rental units as qualified `Affordable Housing"for 20 years, whereby funds could be available for repairs. Property owners do not regularly elect this option because maximum rental rates are established by the program. • Explain the criteria for a building considered`old"versus "historic:" To be designated "historic"a structure has to be historically or culturally significant, not just "old". (see attachment 4) • Identify how the proposed revisions might be "used" by tenants to vacate their leases. Should the City include regulatory mechanisms for its protection in such disputes? The current and proposed revisions are minimum health, safety and habitability standards administered by the City. Should a renter reveal a violation, it must be corrected. The City Housing Inspector makes a point to inform the tenant that any violations revealed as part of an inspection, in no way relieve the tenant of their legal obligations to the term of their lease. Any dispute about the terms of the lease, related to the rental housing standards, is a civil matter between the landlord and the occupant. The City can offer free mediation services provided the parties mutually agree to such services. March 11, 2008 Page 4 • Propose revisions to the appropriate codes addressing "unrecorded dwellings" that are revealed either through the rental housing complaint and inspection process or through the enforcement of the occupancy ordinance: One of the proposed upcoming revisions to the current Rental Housing Standards would provide additional clarification and a consistent mechanism for addressing "unrecorded" rental housing/sleeping units -- those units that were either never documented as being "lawful"by the City, or for which no conclusive documentation is found, such as a record of a building permit authorizing the construction, conversion to or creation of the housing unit. To be considered lawful then, the owner of any rental housing/rooming unit would be required to produce or obtain a "Certificate of Occupancy (C of O). " If no "C of O"or permit of record is available, the "existing"clock would start at the time current ownership of such unit began, as provided by supporting evidence and a signed certification of ownership, under declared penalty of perjury. A conversion/alteration permit would be required and would be based on all applicable building codes and fees in effect at the time of bona fide ownership. In any case, the conversion must be in compliance with the Rental Housing Standards. If the owner cannot provide such documentation, the conversion permit fees—including those assessed forwaterand electric utilities,and Capital Improvement Expansion (CIE)fees—construction permits would be based on the current rate schedules. Example: the current owner of a non-recorded dwelling unit in a duplex, purchased 25 years ago, can provide documentation that s/he bought the property as a duplex in good- faith at the time of purchase. Because of the evidence of a good faith purchase, the fees associated with issuing a Certificate of Occupancy for the duplex are those in effect at the time ofpurchase (amounting to a few hundred dollars). Costs There is no cost to the tenant or owner/manager for the compliance inspections. Costs to the City for performing rental housing inspections are currently covered in the allocated budget by the daily operations of the Building Code Services inspections program of the Neighborhood and Building Services Department.Most violations would normally be considered civil infractions. No citations have been issued for violations in recent years because owners have attained compliance. Property owners will have expenses related to correcting violations and complying with the standards. For example, the cost of installing bedroom emergency egress and rescue window in a typical basement foundation ranges from $500 - $1,500 depending on conditions such as: location in the foundation, whether a complete new opening, or resizing an existing opening, etc. PUBLIC OUTREACH Planning and Zoning Board Work Session on July 13, 2007 Neighborhood and Building Services staff presented an overview of the Exterior Property Maintenance, Dangerous Building Code and Rental Housing Code. The Board appreciated the March 11, 2008 Page 5 presentation. No formal action was taken; no minutes taken because this was a work session and not a formal Planning and Zoning Board meeting. Open public meeting on July 24, 2007 The meeting was attended by property managers, neighborhood representatives and the general public. Building Services staff presented an overview of the changes being proposed to the Dangerous Building Code and Rental Housing Code. More interest was expressed in the Rental Housing Code. There was no general consensus. Some suggestions include: • Providing tenants with snow removal and lawn care equipment. • Window and door security locks should be provided on all rental units. • Carbon monoxide alarms should be provided in all rental units with gas appliances. • Rental units should be required to have window coverings. • Copies of City Codes related to rental units should be posted in the rental units. Building Review Board on July 26, 2007 Building Services staff presented an overview of the changes being proposed to the Dangerous Building Code and Rental Housing Code. The Board understood that the proposed revisions relate to life, health and safety and appreciated the presentation. The Board made no formal declaration. Affordable Housing Board on September 6, 2007 Building Services staff presented an overview of the changes being proposed to the Dangerous Building Code and Rental Housing Code. The Board determined that the revisions were good ideas stating there is the need to protect life and health, but including requirements like doors on bathrooms are not life and health issues. North Fort Collins Business Association (NFCBA) on September 26, 2007 Neighborhood and Building Services staff presented an overview of the Exterior Property Maintenance,Dangerous Building Code and Rental Housing Code.The NFCBA was most interested in the Dangerous Building Code and Exterior Property Maintenance proposals. There was no concern expressed over the changes proposed to the Rental Housing Code. Landlord Education Series on October 25, 2007 This landlord training has been held numerous times throughout the past couple of years.A one-hour segment is devoted entirely to Rental Housing and Occupancy codes. The series provides landlords and owners of rental property information on many aspects of the rental housing industry. The presentation was attended by members of CSU Legal Services. The proposed revisions to the rental housing code were generally well received. Associated Students of Colorado State University (ASCSU) on October 31, 2007 Building Services staff presented an overview and update of the Occupancy Enforcement Program and the proposed revisions to the Rental Housing Code. The Senate's interest was mostly focused March 11, 2008 Page 6 on the Occupancy presentation. There were some general questions relating to the Rental Housing Code. No formal action was taken on either item. International Building Code (IBC) Code Review Committee on November 8, 2007 A committee of contractors,developers,architects,engineers,including staff from Larimer County building department and Poudre Fire Authority and City staff was assembled to review the 2006 International Building Code. Building Services staff presented an overview of the proposed revisions to Dangerous Building Code and Rental Housing Code. The Committee discussed the revisions and reaction to the proposed revisions was mostly favorable. No formal action or minutes were taken. Fort Collins Board of Realtors on January 15, 2008 Building Services staff presented an overview of the proposed revisions to the Dangerous Building Code and Rental Housing Code. Reaction to the proposed revisions was generally favorable. However,concerns were expressed about enforcement staffbeing too aggressive and tenants"using" the code to break their lease. No formal action or minutes were taken. Staff continues public outreach through Neighborhood and Building Services' ongoing "Landlord Education Series"covering topics such as: building and rental housing codes,nuisance codes, and leases and evictions, to name a few. ATTACHMENTS 1. August 15, 2007 Work Session Summary Memo 2. Significant revisions 3. Code comparison matrix 4. Historic Designation Criteria 5. Building Review Board minutes 6. Affordable Housing Board minutes 7. ASCSU minutes 8. Power Point presentation. Fort Collins Neighborhood & Building Services • Ciry of` 281 N. Colleae Ave.. P.O. Box 580: Fort Collins.CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134 ATTACHMENT# 1 Memorandum To: Mayor&City Council Members Thor: Darin Attebeny,City Manager Diane Jones,Deputy City Manager Joe Frank,Interim PDT Director From: Felix Lee,Neighborhood&Building Services Director Beth Sowder,Neighborhood Services Manager Mike Gebo,Building Code Services Manager Date: August 15, 2007 Re: August 14,2007 Council Work Session—Neighborhood Quality Items Joe Frank, Felix Lee, Mike Gebo, and Beth Sowder, with assistance from Ginny Sawyer and Teresa Ablao, presented the following four items affecting overall neighborhood quality to obtain further direction from • Council: (a) Suggested revisions to the City Code, Chapter 5,Article II.,Division 3,Dangerous Buildings (b) Some options for implementing minimum exterior property maintenance standards to address dirt/dead yards,dilapidated fences,excessive chipping or peeling paint, and deteriorated roofs and gutters. Teresa Ablao and Ginny Sawyer were also present to answer questions. (c) Suggested revisions the City Code,Chapter 5,Article VI,Division 2,Housing Standards (d) Update on the new occupancy-limit enforcement program in effect since the first of this year Respectively,for each item, Council directed staff to do the following: Dangerous Buildings • Define the problem that we are trying to solve and what's working well. • Provide examples of what we are trying to solve, what's working...pictures...costs...data. • Clarify specifically what the proposals are and are not trying to accomplish. • Clearly delineate which provisions are applicable to vacant versus occupied buildings. • Revise and clarify list of "dangerous" items and identify those that represent truly "dire" and dangerous conditions. • Clarify conditions that explain staff s need to expedite a corrective action versus what can be achieved through the current process. • • Identify the proposed revisions covered in the International Property Maintenance Code via matrix and if appropriate, to adopt a model code versus incorporating amendments into various sections of the City Code. • Provide a Standard Operating Procedure that shows problem identification, declaration of dangerous, condemnation,repair or demolition. • Explain what conditions or combinations of conditions are needed to endanger the life, health and safety of the occupants or the public. • Explain why the Dangerous Building Code section is the best placement for conditions that otherwise might be considered nuisances, such as broken sidewalk, stagnant water, and deteriorated fences? • If passed, explain how case load would be affected. Exterior Property Maintenance The Mayor and City Council unanimously directed staff to move forward with proposing Exterior Property Maintenance Codes. They agreed that public-private partnerships to help people in need was an important focus as well as to have the Codes proposed and adopted in order to have the tools needed if/when properties ultimately fail to come into compliance. Council directed staff to provide the following information at the next work session: • Coordinate and compile assistance programs, including and possible public-private partnerships available for owner occupants and for rental owners that provide"qualifying affordable housing." • Define the problem and the scope of the problem—provide examples. • Provide estimated total number of housing units in the NW quadrant and how many total buildings did the survey represent considering that some buildings had multiple violations. • Determine if City should or could offer mitigation guidelines/standards for dead/dirt yards. • Describe how our current and proposed codes compare to the International Property Maintenance Code (IPMC)via a matrix showing the comparisons. • Explain the rationale behind staffs recommendation for Option 2A—to address one or more violations that can be viewed from the public street. Address why Option 3 was not recommended. List other conditions we considered but rejected; explain why we chose "viewed from the street" versus from adjacent properly line and explain what would be the impact of the "visible from the adjacent property' option. • Explain how involuntary enforced compliance would be last resort. Establish enforcement process that focuses on most"dire" conditions,and multiple lesser violations with examples and/or matrix. • Note conditions that likely would be violations more prevalent in rental v.owner-occupied. Staff will bring this information back to Council,targeted within the next 2 months for another work session with the intent of bringing drafted code language for Council consideration prior to the end of the year. Page-2- Rental Housing • • Provide examples of what we are trying to solve, what's working well...picture...costs...data. • Clarify specifically what the proposals are trying to accomplish and not. • Clarify the need for and source of the minimum standards. Provide Health Department perspective on issues considered health related, such as; ventilation, sanitation, heating, infestation, etc. • Catalog list of new provisions in order of priority and evaluate need for additional provisions not included, such as door and window locks. Distinguish what revisions are "nice to have" v. revisions that are absolutely "necessary". For instance,having smoke alarms seems more important than having two electrical outlets. • Compare the proposed revisions (via matrix) to those covered in the International Property Maintenance Code and recommend if it is appropriate to adopt a model code versus incorporating into a City Code. • Identify the number of dwellings that would be affected by the new provisions. • Identify sources that would be able to assist owners of low income rental properties comply with the provisions. • Can we estimate how many units will be "taken out" of the City housing inventory if this was implemented? • Explain the criteria for a building being old versus "historic". • Explain how the updated standards might be "used" by tenants to get out of leases and if the City should include specific regulatory mechanisms for its protection in such disputes. Occupant-limit Enforcement The Over Occupancy Enforcement Program was presented as a general overview. Council direction given • was to make changes as needed to continue effective enforcement. 1. Council seemed generally content...even complimentary to staff. 2. Council stressed that if staff encounters problems...don't wait to make changes. 3. The maximum of 3-unrelated adults clearly remains a council priority. The next steps with the proposed revisions to the Rental Housing and Dangerous Building Codes will be to continue with the public out-reach, seeking comments from rental property organizations and CSU. Then staff will bring requested responses back to Council at a second worksession targeted within the next 2 months with the intent of bringing drafted code language for Council consideration prior to the end of the year. • Page-3- • ATTACHMENT #2 Significant Proposed Rental Housing Revisions in Order of Priority 1. Basement bedroom emergency escape/rescue CURRENT: Current standards allow a basement bedroom emergency escape window with a minimum opening of 18 in. x 18 in. and 60 in. above the floor. In an emergency a window of this size could be inadequate for use by the tenants or the emergency responders trying to gain entrance to the lower level. PROPOSED: The proposed revisions would require that all below grade (basement) bedrooms be provided with an emergency escape/rescue window having a minimum clear opening 720 square inches located within 48 inches above the floor. Such windows have been required by the building code in all bedrooms since the late 1950's. 2. Smoke alarms CURRENT: Only under certain conditions would the current standard require the installation of battery-operated smoke alarms. The effectiveness of smoke alarms in providing the occupants' early wanting of a fire event is well documented. • PROPOSED: The proposed revisions would require the installation of wired-electric or battery-operated smoke alarms. Smoke alarms would be required to be located as stipulated in the currently adopted 2003 International Residential Code. 3. Permanent heating CURRENT: The current standard requires that the permanent heating system be capable of maintaining 60 degrees F in all habitable spaces. In cold weather, tenants often complain about the need to use portable electric heaters to supplement the permanent heating system. Portable electric heaters can overload an aging electrical system,posing a fire hazard. PROPOSED: The proposed revisions would require that the permanent heating system be capable of maintaining 68 degrees F in all habitable spaces. Building codes from 1967 through 1997 required that heating systems be capable of maintaining 70 degrees F. The currently adopted 2003 International Residential Code requires that heating systems be capable of maintaining 68 degrees F. 4. Carbon monoxide (CO) alarms CURRENT: Gas appliances require general maintenance to assure proper operation and effective venting of the flue gases (carbon monoxide). Appliance maintenance is not • currently regulated and venting problems have been identified during rental housing 1 inspections. The level of CO within habitable spaces served by gas appliances is not known. PROPOSED: To provide a safe level of protection to the occupants, the proposed revisions would require that all dwellings with gas appliances for space and water heating be provided with a CO alarm. Owners of rental properties, who have installed CO alarms in their rental units, state that the alarms are relatively inexpensive and readily available. Fort Collins would be taking a leading position nationwide—the requirement to provide CO alarms is not currently in the model building codes. The International Code Council, has held numerous discussions around requiring combination CO/smoke alarms in dwelling units. It is anticipated that the requirement will be included in a future code edition. 5. Minimum electric outlets CURRENT: The current Standard allows habitable rooms to be provided with one electric outlet and one electric lighting fixture. With just one electric outlet, tenants rely on extension cords to power numerous devices. Often times the extension cords are routed across doorway openings or even routed through a doorway from an adjoining room. Electric outlets in kitchens, bathrooms and laundry areas where water is used, can be a source of electric shocks. PROPOSED: All habitable rooms be supplied with at least 2 electric outlets. The adopted statewide electric code, since the 1960's, requires outlet spacing such that no space along the floor line exceeds 6 feet from an outlet. To prevent electric shock in wet locations, staff is proposing the installation of inexpensive ground-fault-circuit- interrupters(GFCI) outlets in these locations. 6. Insect screens CURRENT: Dwellings without air conditioning are generally ventilated by door and window openings. There is no requirement that window and door screens be provided to limit entrance of flying insects like mosquitoes which can carry the West Nile virus. Tenants have no control over the building components of the dwelling and are generally not allowed to add screens, leaving the installation of screens to the discretion of the owner. PROPOSED: To protect the health of the occupants, the proposed revisions would require that the openings used for ventilation be provided with insect screens from April I" to November 1'. Screens are not required in the City's adopted residential building code for new construction (2003 International Residential Code ), however, screens are required in the 2006International Property Maintenance Code. 2 • 7. Bathroom Ventilation CURRENT: Mold spores can be found in most building products and grow when warmth and moisture are added. The most effective approach to reducing the growth of mold in buildings today is to remove the moisture to the extent possible. Reports of respiratory problems associated with mold growth in damp locations such as bathing rooms are common in rental properties. PROPOSED: The proposed revisions would require that bathing rooms be provided with openings to the exterior or be supplied with a mechanical exhaust. Removing moist air from areas such as bathing rooms has shown to be effective in reducing general mold growth. This requirement has been part of building codes since the 1960s. 8. Non-absorbent permanent floor coverin¢ CURRENT: Kitchens and bathrooms are prone to higher levels of moisture presenting an environment where mold, mildew and microbes can flourish if not properly cleaned. Kitchens and bathrooms with attached carpeting take much longer to dry after a spill. Sanitizing a carpet is more difficult than cleaning a non-absorbent surface. Where a non- absorbent floor surface, such as linoleum or tile is installed, general cleaning can reduce the build up of mold, mildew and microbes. • PROPOSED: The proposed revisions would require that the permanent floor finish in bathrooms and kitchens be of non-absorbent material. Fort Collins would be taking a leading role with this proposal applicable to rental housing, as this material is not addressed in the currently adopted 2003 International Residential Code. 9. Security locks CURRENT: Building codes for dwelling units have long specified the type of locks that are allowed on emergency egress doors. However, locks have not been required. Because the occupants of rental properties have no authority to install locks on doors or windows, installation of any locking devices would be at the discretion of the property owner/manager. PROPOSED: The proposed revisions would require that all doors, all below-grade and grade-accessed windows be provided with devices designed to provide security for the occupants and property within. • 3 • ATTACHMENT # 3 RENTAL HOUSING STANDARDS COMPARISONS Provision Current Standards 2oo6 IPMC Proposed (local amendments) (model code) (IPMC + local ) Scope Minimum standards to Minimum standards for Minimum standards to protect health,safety and all existing buildings protect health,safety and welfare of occupants in covering:premises, welfare of occupants in rental housing structures,equipment, rental housing facilities for light,heating, ventilation,sanitation& life safety Applicability All rental housing/rooming All buildings(rental& All rental owner-occupied), housing/rooming structures&premises Compliance& Complaint based Option of jurisdiction Complaint based inspections Maintenance Owner:building&premises Owner:building& Owner:building& responsibility Occupant: Interior premises premises sanitation Occupant: Interior Occupant:Interior sanitation sanitation • Violations& If does not meet minimum Option of jurisdiction If does not meet minimum penalties standards,considered standards-civil penalties. "substandard"—civil If considered unsafe or penalties.If considered hazardous-criminal unsafe or hazardous- misdemeanor(regulated criminal misdemeanor by Unsafe Buildings Code) (regulated by"Dangerous Buildings Code") Appeals Heard by Building Review Heard by appeals board of Heard by Building Review Board.Limits who can jurisdiction Board. Identifies appeal to:owner,mortgage "appellant"as: owner,lien holder,lien holder,lease or lease holder,and parties holder,other legal interest of interest within 800 feet. (consistent with current City Planning&Zoning Board hearing process) Failure to City files notice with county Unlawful to sell or Unlawful to sell or transfer comply or declaring building transfer property without property without appeal& "substandard" disclosure of compliance disclosure of compliance property sale (none filed to date) order order • Provision Current Standards 120o6 IPMC lProposed i (local amendments) (model code) (IPMC + local) Responsible Owner is responsible for Doesn't distinguish Owner is responsible for parry buildings and premises between owner and buildings and premises despite lease agreements; occupant responsibility— despite lease agreements; occupant responsible for option ofjurisdiction occupant responsible for unit sanitation. unit sanitation. Minimum Standards Shelter& Prevent entrance of rain Exterior walls to be Exterior walls to be Exterior and excessive moisture into weatherproofed surface weatherproofed surface interior building (including paint)that (including paint)that prevents deterioration and prevents deterioration and entrance of rain and entrance of rain and moisture into interior moisture into interior building. building(Unsafe Buildings Code) Ventilation: One window opening One window opening One window opening habitable rooms directly outdoors;or a directly outdoors; directly outdoors; specifies mechanical air change specifies minimum window size;specifies system in lieu of openings window size;allows minimum window size and to outside;allows ventilation from an unobstructed space outside ventilation from adjoining adjoining room;allows a of window;allows a room. mechanical air change mechanical air change in system in lieu of windows lieu of windows opening to opening to outside. outside Windows& Not addressed Maintained in`sound Operable and maintained doors: condition" open with window operation hardware Windows& Not addressed Security locks Security locks doors:security Windows& Prevent entrance of rain Maintained and weather- Weather-sealed to limit air doors:weather and excessive moisture tight infiltration sealm* Windows and Not addressed Doors and windows doors and windows used doors:insect required for ventilation of for ventilation must have screens habitable rooms,food screens available from preparation and food April i—Nov i service areas for human consumption;option of jurisdiction for time of year Bathroom Not addressed Requires operable window Requires operable window ventilation to outside or mechanical to outside or mechanical exhaust to outside exhaust to outside Sani Facilities Bathrooms Requires water closet, Requires water closet, Requires water closet, lavatory,&either bathtub lavatory,&either bathtub lavatory,&either bathtub or shower or shower or shower Kitchens Requires a kitchen sink of Requires approved Requires approved kitchen approved materials kitchen sink,sink not ;sink not substitute for substitute for required required lavatory lavatory Provision Current Standards 2oo6 IPMC Pro osed 2 • (local amendments) (model code) (IPMC + local) Rooming Not addressed Not addressed Rooming and"extra- houses occupancy rental houses" require at least(t) bathroom for each(4) rooming units Hotels Where private bathrooms Where private bathrooms Where private bathrooms NOT provided: at least(i) NOT provided: (i)water NOT provided: at least(i) per floor&(1)addt'1 for closet, (1)bathtub or per floor&(i)addt'l for every(to)guests shower&(i)lavatory with every(1o)guests access from a public hallway for every(io) occupants Privacy Not addressed Water closet,bathtub or Water closet,bathtub or shower to afford privacy, shower to afford privacy, separated from food separated from food preparations by tight preparations by tight fitting door. fitting door. Sanitary Connected to an approved Connected to an approved Connected to an approved Fixtures functioning sewage disposal functioning sewage functioning sewage system&approved water disposal system& disposal system& supply w/hot&cold water approved water supply w/ approved water supply w/ hot&cold water hot&cold water Flooring Does not permit carpeting Except for dwelling units, Kitchen and bathrooms of in kitchens,EXCEPT in every toilet room floor all rental dwellings dwelling units required to have a hard required to have • non-absorbent surface permanent non-absorbent flooring Heaft Systems Minimum space All habitable rooms must All habitable rooms must All habitable rooms must heating have permanent heating have permanent heating have permanent heating maintaining at least 6o maintaining at least 68 maintaining at least 68 degrees F degrees F degrees F Water heating Must have adequate Must have adequate Must have adequate running hot water— running hot water— running hot water—no no min temp.noted no degrees F min. degrees F min. Equipment Maintained in safe working Maintained in safe Maintained in safe working conditions;installed in an working conditions; conditions;installed in an approved location; installed in an approved approved location; connected to approved location;connected to connected to approved vents;cannot share approved vents vents;cannot share common air from forced-air common air from forced- heating systems between air heating systems dwelling units between dwelling units Provision Current Standards 2oo6 IPMC Proposed • (local amendments) model code) (IPMC + local) 3 Solid fuel Not allowed in bedrooms Not addressed Not allowed in bedrooms appliances without permanent without permanent combustion air from combustion air from outside outside Electrical Equipment Maintained and installed in Size and type of Size and type of appliances a safe manner appliances serve as basis serve as basis for for additional electric additional electric service. service. All dwelling units All dwelling units must be must be 3-wire, 120/240 3-wire,120/240 volt,min. volt,min.6o amps. 6o amps. Extension Not to be used in place of Hazards must be Hazards must be corrected cords electrical wiring corrected Electric outlets Every habitable space—(2) Every habitable space-2 Every habitable space-2 outlets OR(i)outlet and(1) separate and remote separate and remote electric light fixture outlets outlets Laundry outlet Grounded (i) Grounded or(1) (1) Grounded or(1) GFCI(ground GFCI(ground fault fault circuit circuit interrupter) interrupter) Bathroom Grounded (1) Grounded or(1) (1) Grounded or(i) outlet GFCI(ground GFCI(ground fault fault circuit circuit interrupter) interrupt r) Light fixtures Required at:public hall, Required at:public hall, Required at:public hall, interior stair,exterior side interior stair,exterior side interior stair,exterior side of entrance door;toilet of entrance door,toilet of entrance door;toilet room;kitchen;bathroom; room;kitchen;bathroom; room;kitchen;bathroom; laundry;boiler or furnace laundry;boiler or furnace laundry;boiler or furnace room room room Emergency/Safety Exits Every dwelling unit to have From anywhere in the Every dwelling unit to have an exit access to the outside building,a safe, an exit access to the leading to the public way, continuous and outside leading to the maintained in a safe unobstructed path to the public way,maintained in condition public way a safe condition Emergency Required in every sleeping Maintained in accordance Required in every sleeping rescue windows room below 4th story. with the code at the time room below 4th story. Requires basement of construction Requires basement bedroom windows to be 18 bedroom windows to be 5 inches x 18 inches at 5 feet square feet,with a from floor with electric minimum opening vertical smoke alarms direction 24 inches and horizontal opening of 20 inches Provision Current Standards i 2oo6 IPMC iProposed 4 • (local amendment) (model code) (IPMC + local) Stairs Handrails required interior Handrails required on Handrails required interior and exterior; when serving stairs of more than 4 and exterior; when serving more than(i)dwelling unit steps;steps and handrails more than(t)dwelling unit or guestroom all stairs must maintained structurally or guestroom all stairs be 30 inches wide,75 inches sound and in good repair must be 30 inches wide,75 of headroom;steps 8 inches inches of headroom;steps max.height&min. 9 8 inches max.height& inches deep min. 9 inches deep Guardrails One dwelling unit; To be maintained in good Installed in accordance require exterior landings, condition with current City Building less than 36 inches above code grade,to have guardrails min.24 inches high More than (1)dwelling unit: as specified by the Uniform Building Code Smoke alarms ONLY as a condition of 18 Required in all rental Required in all rental inch x 18 inch basement dwellings according to dwellings according to window local Building Code— local Building Code— electric or battery electric or battery Carbon Not addressed Not addressed Required in rental monoxide dwellings with natural gas alarms appliances 0ccU13anev standards Room Not addressed Min.habitable room Not addressed • dimensions width 7 feet;min.ceiling height 7 feet;min.square footage per bedroom, living and efficiency unit Bathroom Not addressed Every bedroom shall Every bedroom shall access access to a water closet access to a water closet and and lavatory lavatnry Food Not addressed All spaces to be suitable Each dwelling unit to preparation equipment to store, provide a kitchen prepare&serve foods in a sanitary manner Nuisance (substandard) Inadequate Lack of required: bathroom Unfit for occupancy if Provisions moved to sanitation facilities,hot&cold water, insanitary—lack of `Unsafe Buildings Code" heating,electrical or adequate rubbish storage, plumbing facilities,lighting lack of disposal of or ventilation.Excessive garbage,infestation, dampness in habitable inadequate sewer system, rooms. Provisions Current Standards 20o6 IPMC Proposed (local amendments) (model code) IPMC + local • Structural Defective or deteriorated: All structural members Provisions moved to hazards foundations floor supports, free of deterioration and "Unsafe Buildings Code" 5 walls,ceilings or roofs, capable of supporting (same as IPMC) fireplaces&chimneys loads;foundations plumb &free from open cracks and breaks to prevent en of vermin Nuisance Defects of or lack of proper Vacant structure unfit for Provisions moved to operation of: electrical, occupancy and not in "Unsafe Buildings Code" wiring,plumbing, danger of structural mechanical equipment, collapse intrusion of weather,and unauthorized use or occupancy of a structure Order to vacate, Procedures to order repair, Procedures to order Provisions moved to repair or vacate,or demolish, repair,vacate,or "Unsafe Buildings Code demolish including posting,notices demolish,including and appeals posting,notices and appeals Emergency Not addressed Applicable to all buildings. Incorporated into"Unsafe measures Code official can initiate Buildings Code"applicable emergency repairs and to all buildings. Code security measures for official can initiate "imminent danger" emergency repairs and security measures for "imminent danger" 6 • ATTACHMENT#4 Historic Designation Criteria Provided by: Karen McWilliams, Advance Planning Not all old buildings are historically important. To qualify for National, State or local designation, a property must not only be shown to be significant, but also must have exterior integrity. Significance is the building's importance, due to its historical association with important people or historical events and patterns; or because of its architectural importance, either for its distinctive characteristics of a type, period, or method of construction; because it represents the work of a master, or because it possesses high artistic values. Additionally, historic resources may be significant for their ability to yield information important in prehistory or history, such as an Overland Trail site. Integrity refers to the ability of the property to convey its significance, i.e., the amount of alteration or changes a property has undergone. Integrity is the composite of seven aspects or qualities: location, design, setting, materials, workmanship, feeling, and association. The more qualities present in a property, the higher its integrity. Ultimately • the question of a building's integrity is answered by whether or not the structure can adequately convey the reasons why it is significant. The degree of integrity required for designation is relative to a property's significance — a very significant building (i.e., Auntie Stone's Cabin) may have many more alterations and still be eligible for designation, whereas a common hipped roof cottage, not associated with any significant people, may not qualify unless virtually unaltered. A building or structure will fall into one of three levels of eligibility for designation, based upon its historical or architectural significance and its integrity: Not eligible; eligible as one of several similar contributing resources within a defined district or area; and individually eligible. • AlaachmeM 5 • Minutes approved by the Board at the August 30,2007 Meeting FORT COLLINS BUILDING REVIEW BOARD Regular Meeting—July 26,2007 Chairperson: Michael Smilie one: (226-4260) Irouncil Liaison: Kelly Ohlson taff Liaison:Felix Lee 221-6760 A regular meeting of the Building Review Board was held on Thursday, July 26, 2007 in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue,Fort Collins,Colorado. BOARDMEMBERS PRESENT. David Carr Alan Cram Mike Gust Gene Little Jim Packard Michael Smilie,Chair George Smith BOARDMEMBERS ABSENT: None • STAFF MEMBERS PRESENT: Felix Lee,Neighborhood&Building Services Director Delynn Coldiron,Contractor Licensing&Admin Services Coordinator AGENDA: 1. ROLLCALL The meeting was called to order. 2. APPROVAL OFMINIJTE,S Cram made a motion to approve the minutes from the June 28, 2007 meeting. Packard seconded the motion. The motion passed. 3. Byron McGough,d/b/a Wattle&Daub: Lee introduced this appeal. He noted that the appellant holds a Class E license with the City of Fort Collins and explained that this license allows the holder to perform alterations to any building or structure in the City,when such alterations do not include modifications to the structural frame as defined in the building code and to construct,repair,or demolish(a) detached structures such as shelters,storage sheds,playhouses,greenhouses, and gazebos;and (b)unenclosed structures such as open carports,patio covers,open porches,and decks. Any • such work is further limited to one story buildings or structures not exceeding two hundred (200)square feet in floor area and which contain occupancies limited to those classified by the building code as Group R,Division 3;Group S,Divisions 1 and 2;and Group U other than private garages. BRB July 26,2007 Pg.2 Lee noted that the appellant has the opportunity to perform a renovation in the existing basement of a commercial building and that the work-involved some structural modifications which fall outside of the scope of his license. Lee stated that according to the appellant's information,he planned to work under the specific directives and observations of Richard S.Beardmore,a licensed structural engineer and the project engineer for this job. Lee mentioned that the appellant had done several jobs within the City of Fort Collins that have been completed without incident,including commercial alteration and roofing jobs. Lee directed the Board to additional project experience that had been noted in the appellant's information. The Board heard testimony from the appellant,Byron McGough. After closing statements,the Board discussed the information that was presented. Gust made a motion to deny the appellant's request. There was no second and,therefore,the motion died. Carr made a motion to approve the one-time exemption requested provided that daily on-site supervision be provided by the appellant. Smith seconded the motion Vote: Yeas: Carr,Packard,Little,Smilie,Cram,and Smith Nays: Gust 4. Tim Kruse,d/b/a Gekko Building Services,LLC: Lee introduced this appeal. He stated that appellant had applied for an HVAC license and supervisor certificate and noted that all forms had been submitted with the exception of four of the required project verification forms required by ordinance. Lee explained that the appellant had noted in his information that he was unable to obtain the information required since his records were unintentionally destroyed while in storage,as well as due to the fact that his business contacts were no longer around Lee added that the appellant passed the City's HVAC exam on July 1,2004,scoring a 94%and then directed the Board to the resume of appellant's experience,together with his proof of licensing in other jurisdictions,that was included in the Board's packet The Board heard testimony from the appellant,Tim Kruse. Auer closing statements,the Board discussed the information that had been presented Little made a motion to approve the HVAC license and supervisor certificate requested with the provision that the appellant pass the current HVAC exam prior to any permit activity,and that he fulfil the requirement of four more completed projects(2 of which must be new construction) within the next six months. Carr seconded the motion. Vote: Yeas: Carr,Little,Smilie,and Smith Nays: Packard,Cram and Gust 5. Exterior Property MaintenanceMangerous Building/Rental Housing Code Presentations: Beth Sowder, Neighborhood Services Manager, gave a brief presentation on exterior property maintenance codes. Mike Gebo, Building Code & Inspections Administrator, gave a brief presentation on dangerous buildings and rental house codes. • BRB July 26,2007 Pg.3 There was discussion on the information that was presented, suggestions offered, etc. Board members were appreciative of the information that was shared. 6. Other Business Board Member Gust requested that Felix review the Board's directive in the City Code. Felix reviewed Section 2-117 in the City Code,outlining the Board's function. Board Member Gust had some concern that the Board has become too lax in providing temporary licenses to individuals who don't fully meet the requirements of the licensing ordinance. He was concerned that the Board is not providing good service to the City and the Community by doing this. There was some agreement from other Board Members that Board decisions are too liberal and that having a discussion related to this subject would be desirable. It was mentioned that it is not so much the Board's purpose to deny a license,but to ensure that those who are given one are a good contractor. There was concern that there needs to be some balance so that there is support for the people who want to opportunity to work here. It was mentioned that other contractors are finding ways to get the experience necessary to get a license. There was some feeling that the City is not here to help people learn, but to make sure that we have experienced contractors working in our City. • Due to time, it was suggested that the Board have further discussion on this item at a future meeting. Meeting adjourned at 4:27 p.m. Felix Lee,Neighborhood&Building Services Mike Smilie,Board Chair Director • • ATTACHMENT# 6 CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD MEETING MINUTES 281 N. College Ave. Fort Collins, Colorado September 6, 2007 Denise Rogers, Chair Ken Waido, Staff Liaison,970-221-6753 City Council Liaison: Lisa Poppaw Board Members Present: Denise Rogers,Jon Fairchild, Dan Byers, Pete Tippett, Robert Sullivan, Marie Edwards, and Ben Blonder. Board Members Absent: Ashley Monahan Advance Planning Staff Present: Ken Waido Council Members Present: None • Board Chair Denise Rogers called the meeting to order with a quorum present at 4:00 p.m. Welcome New Board Members Marie Edwards and Ben Blonder were recently appointed by the City Council to fill vacancies on the Board. Open Public Discussion Maryln Keller from the League of Women Voters reminded the Boarc of the bus tour of Loveland's affordable housing projects to be held on September 17 from 8 AM until Noon. Approval of the Minutes of the July 12 2007 Meeting Robert Sullivan moved that the minutes of the July 12, 2007, meeting be approved. Dan Byers seconded the motion. The motion passed unanimously 7-0. Proposed Property Maintenance Codes Felix Lee, Neighborhood & Building Services Director, Beth Sowder,Neighborhood Administrator, and Mike Gebo, Building Codes Services Manager from the • Neighborhoods & Building Services Department attended the meeting and made AHB page 2 presentations and answered questions on proposed ordinances to deal with Dangerous Buildings, Property Maintenance, and Rental Housing Standards. Staff presentation: Exterior Property Maintenance Focuses on exterior property maintenance related to: Dirt/dead yards Dilapidated fences Excessive chipping/peeling paint Deteriorated roofs and/or gutters These items are not regulated by current codes Recommendations Property Maintenance Codes would: • address &prevent neglected properties from deteriorating and affecting entire neighborhoods • be in the Nuisance Section(Sec. 20) of the Municipal Code • Apply to all properties within the city limits Current Concerns No tools currently exist to address these exterior property maintenance issues which could: • Be detrimental to the well-being of neighborhoods • Increase spread of neglect • Cause further deterioration • Ultimately result in dangerous premises Need for Assistance • Staff and Stakeholders agreed regarding the need for assistance programs • Help those who cannot afford to make the repairs necessary to comply with the codes LaHIP • Larimer Home Improvement Program(LaHIP) offers assistance to those in need for some of the proposed codes. • Low or no interest loans or grants to qualified people. • LaHIP does not apply to dirt yards or deteriorated fences and only applies to owner-occupied homes AHB page 3 • Other people and agencies can fill this gap. The Board of Realtors are already working in conjunction with a church to help people in need. The Group Workcamps Foundation Staff will work to help resource supplies and volunteers. Recommended Timeline Year-long educational promotion in 2008 for adopted new codes prior to enforcement & identify: • where violations exist • who needs financial assistance • give people time to plan for improvements • to figure out if the City needs to increase funding of LaHIP or other assistance programs in 2009. Begin regular enforcement in 2009 Council History and Next Steps Council Work Sessions — September 12, 2006 • — August 14, 2007 — Next Work Session scheduled for: January 22,2008 Board Questions and Discussion: Jon Fairchild asked if the entire property would have to meet the standards or only what is visible from the street. If alleys were included this would be a big deal. Jon stated that several properties in his neighborhood would probably be identified as problems but property values are rising in the neighborhood. A: Just what is visible from the street. Jon asked if old garages are included. A: Just primary residences. Robert Sullivan asked if the LaHIP program is just for owner occupied houses. If rental units need improvements those improvement costs would be passed on to the renters. Dan Byers asked about the penalties. A: Penalties are not specific at this time. Likely will be a civil infraction. Notice will be given with a time to comply. A graduated penalty fee of$100, $300,to $500 would • follow, then criminal action could follow that. AHB page 4 Staff presentation: Dangerous Buildings Code Dangerous Buildings defined in City of Fort Collins Code Chapter 5,Article II Division 3: Unsafe, Dangerous or Nuisance Buildings, Structures, Equipment and Premises Replacing the 1976 Uniform Code for the Abatement of Dangerous Buildings Scoping provisions, no change: — Shall apply to all existing buildings and appurtenances, equipment, facilities, utilities, accessory structures and the premises. — Provides the City with a standard to be used in classifying any building, structure, equipment and premise as dangerous, a nuisance or unfit to occupy. — Applicable when conditions endanger the life, health,property, safety or welfare of the public or the occupants — Provides the Building Official a legal process to require the repair or abatement of buildings, structures and property declared"dangerous" — Establishes responsibility of the owner and occupant — Sets legal procedures for Notice of Violation and property posting — Authorizes the City to abate the dangerous building or premise. — Allows the City to assess property liens for cost of abatement. — Establishes appeals and administrative review process. Declaration of unfit to occupy due to: — Lack of required hot or cold running water — Lack of required adequate heating facilities — Lack of required natural light and ventilation — Excessive dampness in habitable rooms — Lack of required sewage disposal — Lack of required bathroom or bathing facilities Declaration of dangerous (structural): — Deteriorated or inadequate foundations — Defective or deteriorated floor or roof structural supports — Fireplaces or chimneys that list,bulge or settle due to defective material or deterioration Declaration of nuisance such as: — Open vacant buildings that are attractive nuisance to children or vagrants. AHB page 5 • — Whatever renders air, food or drink a health risk as determined by the Health Officer. — Defective or hazardous electrical,plumbing or mechanical (HVAC) systems. — Buildings or structures erected, altered or occupied contrary to law or approved use. — Buildings deemed unfit to occupy due to neglect or insect or vermin infestation. Proposed: — Limit appeals to the Building Review Board of decisions by the Building Official to any property owner or occupant within 800 feet of subject property. — Establishes that the exterior property can be declared dangerous — Identifies emergency measures where imminent dangers exists. — Establishes a program to monitor buildings vacant for more than 180 days. Proposed: Mandatory Vacant-building Notification for: A. `Boarded-up"buildings vacant more than 180 days, and • B. Any vacant building with"break-in" activity. Owner and local contact information must be provided. Limits approval of vacant building status to one year intervals. Requires City review process and periodic inspections of the property. Sets procedures for securing of doors and windows against unlawful entry. Requires monitoring of the property to maintain locked and secured perimeter. Orders the Vacant-building Notification recorded with the Larimer County. Sets penalties for failure to comply. Proposed: Exterior premises dangerous,e.g: — Broken or unsound fences and walls, — Deteriorated barriers around swimming pools or spa, — Property infestations of rodents, insects or vermin, — Abandoned excavations or improper drainage that allows for stagnant water, — Broken or settled sidewalks and driveways. Cost: — Usually no more than 4-6 buildings declared dangerous at any given time. — Investigation/follow-up currently absorbed in the daily Building Code • Services operations. — Cost for City to abate a dangerous building or condition is unknown. AHB gage 6 — Cost recovery through lien process untested. Board Questions and Discussion: Pete Tippet asked about lead based paint and asbestos? A: State regulations come into play, a state permit is required for demolition. Ben Blonder asked about the time frame for enforcement. A: Actually buildings could remain vacant for many years. Ben asked if enforcement is complaint driven. A: Yes. Dan Byers asked if there will be more properties identified because of the new code. A: Yes, especially vacant buildings (e.g., the old Steeles Market on Mountain Avenue). Staff presentation: Rental Housing Code City of Fort Collins Code Chapter 5, Article VI Division 2: Rental Housing Standards Proposed Revisions Why Proposed Revisions? — Council asked for review&recommendations. — Current Rental Housing Standards not substantially changed since enacted in1982 . — Proposed revisions incorporate minimum habitability standards in effect over the past 50 years. Purpose& Scope — To establish minimum standards regulating facilities, utilities, occupancy, repair and maintenance of all rental housing in the City. — To safeguard life,health and property of inhabitants. Ventilation Proposed: — Exterior obstructions not allowed within 3 feet of openings required for ventilation. — Operable windows held open by window hardware. — Doors and windows weather-stripped to limit air infiltration to extent practical. AHB page 7 • — Doors and windows used for ventilation of habitable rooms would require screens from April 1 st to November 1 st . — Bathrooms require mechanical ventilation to the exterior if no openable window Sanitation Proposed: — One water closet, lavatory and bathtub or shower for each four sleeping rooms in "Extra-Occupancy Rental (boarding) House". — Prohibit carpeting or other absorbent floor finishes in wet and food-preparation areas. — Every water closet,bathtub or shower located in a room that affords privacy. Heating Proposed: Increase minimum heating capability of permanent heating • facilities for habitable rooms from 60 degrees to 68 degrees F. Electrical Proposed: — GFI protected outlets in bathrooms — Lighting requirements for hallways and stairways serving multiple dwellings — Minimum of two electric outlets in every habitable space in a dwelling Emergency Rescue Proposed: — All bedrooms below grade level (basements)have one escape and rescue window with min. clear opening of'720 square inches and a max. sill height of 48 inches above the floor. Smoke Detectors • Proposed: AHB page 8 All sleeping rooms and other locations as required by City Building Code, have smoke alarms—operated by battery or building electrical system. Review and Appeal Proposed: Limit appeals to the Building Review Board of decisions by the Building Official to any property owner or occupant within 800 feet of subject property. Public Outreach Comments Landlord provides snow removal and lawn care equipment. Require security locks on doors and windows. Landlord provides window shades for privacy. Each rental have posted City ordinances. relevant to rental properties. Require Carbon Monoxide alarms in rental units with natural gas appliances Board Questions and Discussion: Robert Sullivan asked if this will require landlord licensing. A: No, this is complaint driven. Robert had an issue with including such things as no doors and carpets. Ben Blonder asked about basement ingress/egress windows that could cost $3,000 to $5,000. A: That would depend on the year the basement was converted to include bedrooms. Jon Fairchild made some general comments: Dangerous Buildings—the phrase"contrary to law"is too open. Rental Housing- Good idea, there is the need to protect life and health,but including requirements like doors on bathrooms are not life and health issues, the City needs to be more careful. Property Maintenance—Getting to aesthetics is too subjective. Complaints can come from grudge matches between neighbors, could create animosity. Maintenance and lawn watering have associated costs. Basically against this part of the code. Budgeting for Outcomes (BFO)Process AHB page 9 • Staff reviewed the City Manager's recommended budget to update the Board as to the funding recommendations for the affordable housing related offers. Only the main Affordable Housing offer was recommended for funding. The other offers (e.g., Land Banking and Affordable Housing Fund enhancements) were not recommended for funding. Development Impact Fee Offset for Affordable Housine Proiects The Board has been discussing this issue for the past several months. Previously, staff presented information requested by the Board on the amount of money in the City's Budgets for affordable housing programs and the level of City Impact Fees for the last 10 years and provided information on the development of new affordable housing units in the city and annual averages for ownership units (24.0 units/year) and rental units (136.0 units/year) and total (160.0 units/year) for the 1997-2005 period. No new construction has occurred since 2005. The Board reviewed a draft memorandum to the City Council prepared by Jon Fairchild, Board Vice-Chair. Jon reviewed the history of this item for the new Board members. Basically, how much funding should the memo request? The Board should point out that the data justifies requesting$X,but the request is only for$Y. Jon was going to prepare another draft for Board review and comment. • Distribution of the 2007 Fall Competitive Process Affordable Housing Proposals Staff distributed the affordable housing applications received by the City requesting funding from the 2007 Fall Cycle of the Competitive Process. Staff also distributed support materials, summaries, criteria scoring sheets, etc. The Board established the date for a special meeting to formulate a list of funding priorities to be forwarded to the CDBG Commission and the City Council for Thursday September 13 at 4:15 PM. OTHER BUSINESS Liaison Reports None. Open Board Discussion Staff reported that interviews for the Affordable Housing Planner position were to be conducted on September 17 and 18. The process will include an opportunity for the Board to meet the candidates. The meeting adjourned at 6:00 PM. • ATTACHMENT 7 •rED STUDENTS OF COLORADO STATE UNIVERSITY httpJ/209.85.173.104/search?q=cache:YeO4_csGwOQJ:www.&scsiL This is that"vision d 0n M Imo:/Mww.asc ,m. 0stale.eUwMedmhutWarchives/2007-2008/70%2031%202007 doc. 00 9 •auinmatlaly gaminess,ham vtsaions of dowtnma M we OVAtlm web. To link to or bookmark No peps,use 0m fosowaug Let DftD�//•.• 9^oal•.ew/w•cot9Q•D•ats�YWt oavgV...s•mu.cslmau.M sA te/ utoAccElys/2009-2000/10125203182$20200LEocwYi4+Gpeapl.•mcc�cEatictl�Ypin Groma a• vsrptlwd.M its raosa s/a+ggrnorruyawe4/ernor DDvvac These search tams have bmen hlphiloded:mike gelm wociated Stadean of C ion to Sam University !�- :hirty-sevexm Senate acventh Session Xmber 31,2007 Minutes I Call in Order-6:34pen M Pledge IQ. Roll Call rv. Minutes V. Gallery Input VL Guest Speakers . Mike Gebo-Codes&Inspections Administrator-In charge ofaofucing the 3-umeleoed rule.City redefined what is classified as a"family"what can live within a single fauily dwelling Discossp how to get around the 3-u nrelmed ale wit homes being classified as group bounce orboaodinghomea.Discusses frnea. • Fines am complaint based,adghbots 12 ciatiom have been filed Total of 92 eases from beginning until July,41 win sine July.Qaeatlme sad Arnver-Director Dart Paster-be that information public?Yes,it all is Chie/ajSmJ(Schroder-Ate you guys ttyimg to mate boarding home Hamm eeaie for landlords m get?That is a zoning dun&When we go look in a house about getting a permit,we mainly look at the aectric system Galley-Aim*Sate.Is it mainly the same people filing complaints?We are gating a Id of complaints from certain neighborhoods.But it is kind of a random mix.What dean the camplaant haw to observe?Too many ears isn't really enough information Senator Taylor Smoot.How many of the rise were involving CSU students?About 95%.If it's a zoning idle,you can't get a permit if its rot in the right zoning some?Correct Do you feel due vdringes on standards rights?I*ink A is being unit to help curb behaviors,are in parties,arc. Drecvw Kam Fre dauhal-You said the in me year you am going to go back to council and give moommendetiws etu Do you have my ideas who those will be, and do you think Council will be willing to charge it?Discusses rental regimatipa.Who ate fines given zoo?All the residents,the property manager and the owner. ClerkLowest Jfogir Were there airy people that were hired in order to investigate this?No,h was a reorganization army deputment Senator Andy Shook.fa complaint IS filed,can YOU guyajust corn search to prove that immanence?No,we only go in to check that you have convened the problem If the occupanh do allow them to come is does the mein they an atilt get a citation?Director Kane Fretdewhol-If them were alternatives to this would they be upping time, ordimeuea,etc?Its rot rally a hime with the other issue. • Steve Johnson—Coloado Senator—Comments on how effective the student vice a row compared m tin years ago.A membeofthe Joint Bucigd Committee.Diacuue Retmeodlam C.Discuses suiton incmams Ian year,CSU decided they wanted mom ohm the 7%of what the Long Bill proposed as a tuition museum.Director Dot Palmw-What is your opinion on the goveana plan that was released mdayf We aced a berm was to nave am sate education budget. Smams,Aarmn Pollan-What is your idea of what needs to take place of Ref C?lbinks we mind a constitutional convention.Single abject into won't totally fur it Our omeaihrion a a min.ChuffSeaffBan Sdoefo-Asia to explain bow we would came about a coneitubmW txmotion7 people don't understand the capacity ofihe 13apbiro sand haOrandams.Maury efrar of what problems SumtarThe war Was,has the me t speak with dare m hat the o Twaga,Ss,end what is the you hairthey did?Nothing done m hat We ro4uomhip.The new lobbyists have come m allude wits us now.Speaker Pro TayxSaeaySmtth-Do you have any plans to male the budget bitter?Them are a lot of thh ip the need m be fixed Associate Saitemr✓ake McMahon-Do you have any thoughts about what may happen when the new hall coma to the body proposed by the Governor?I think it will pass.President Katie G eami-Question Mated?State'Intun should be aborts 50 million Thimb Out ofstamtu bm should be allowed to be examined to how the merlon m base Doesn't think that ems,money will help the effmency of the uaversity.Smosw CJE1W1dt-How did You go from amure Saimaa raja,m ASCSU,to come seam/?Worked a a vet with Wayne Allard,ran for city counted in twlleM ohm deadNto nm for scan.Politics norms.Samfor Bloke GAwa-What sin you thoughts;&bud severance eau?They am volatile.If the market you down the task an does your revema.We want the moray,but rot sae it's the bee way to get it VIL Ratification&Sweating in of New Members-Ratification ofMuk Settle far Director ofMadating Queatma mid Asswee-Senator Soak Walker-Gayou please outline some ideas you have,about tmotetiug ASCSU?Stronger relationship with the Collegian.Sae Dimes ofMahedng as Director ofPubhe Relations. Shorten time period ofbeing able to market a evert Director Katie Freudethd-How do you plan on working with the wmmumity?We should werk with may dif'xmt avenue.Sa CEngBsh-HowmanyoBcebrasereyouplumingmsavmg?15hrswhatnyammhedde?Takngllaedtsthissemester,9inn suer.Davctw2useGrdyoyle-Wbot a your expansion for this position?Worked for a company with marketing Managing mom with another company What a your vision for the ASCSU webhe?Heuide wit embe update&Something that a approachable m students.AssocanSeaatw✓okeAkMahta-Who chenges MUM You going to implement m try and change the marketing base to ors weer?Anticipate needs and create capacity.As the Director ofMed.eting,how do you fed &bow the Senate having its own posts monetary?I think it's a tin idea and mat it has been a misring link in the past Se mtwGEag1uh-How do you plan an netting this oil in new and more crative ways?Closes Bar Dbeaaim Sisarw C/EagBsh-Asts fa unanimous ennead m move back mum qurstim and answer. Qee•Iba ark Aawerv.V aw.v(://Sae;/svh Why wk'm yam ucmilnntad Dan the RnmRide dcpnamenl?Ran and orlwiekm,didn't do the time he ncakd Senator Rental Housing Standards City Council Work Session March 11 , 2007 Felix C . Lee , Neighborhood & Building Services Director Teresa Ablao , Assistant City Attorney 1 Introduction Staff proposes adopting the latest version of the model International Property Maintenance Code (IPMC) as the basic template , plus local amendments to update and improve the current " Rental Housing Standards "; • for • to consider adoption as early April 15 , 20080 International Property Maintenance Code ( IPMC ) (all buildings , structures & premises } Rental Housing Standards Unsafe Buildings Code ( all rental all buildings, structures & housing/ lodging ) premises 2 Rental Housing Standards : Regulations that prescribe minimum standards for basic living conditions in rental housing . 5 Minimum standards include : shelter, safe exits, heating , sanitary & bathroom facilities , lighting & ventilation . 6 Council 's Direction 1 . Does Council concur with the proposed revisions ? ➢ If not, does Council wish to review additional provisions not included in the changes or delete certain provisions ? 7 Council 's Direction 1 . Does Council concur with the proposed revisions ? ➢ If not, does Council wish to retain the current Rental Housing Standards ? 8 Council 's Direction 2 . Does Council wish to consider an ordinance adopting the proposed amended IPMC addressing minimum rental housing standards as early as April 15 , 2008 on First Reading or a different time frame ? 9 Summary First comprehensive update to City's existing complaint- based and first local Rental Housing Standards adopted in 1982 . 10 Before enacting new " occupant- limit ordinance " in January 2007 , typically only 20 - 30 complaints per year related to rental housing . 11 Purpose To enhance the health and safety of residents , and improve consistency and equity in the administration of the regulations . 12 Proposed revisions apply to : all rental housing , including single and multi - family dwellings, hotels and rooming houses 13 Proposed revisions DO NOT : require existing rental housing to retroactively comply with current City Building Codes , EXCEPT FOR : new additions & major renovations 14 Problem to solve Since enforcement of complaint- based 1Aoccupant4mit ordinance " in 2007 , inspections have revealed : 1 . a multitude of violations related to health and safety in rented housing/ lodging . 15 2 . Inspections have also revealed a number of " unlawful " ( unrecorded ) rented dwelling units through the complaint process . 16 Violations/ problems include : ■ obstructed or undersized emergency escape windows ■ Inadequate permanent heating ■ Unsafe venting of gas - fueled appliances ■ Overloaded electrical outlets 17 ■ Hazardous lighting fixtures ( not enough outlets ) ■ Unsafe use of extension cords ■ Massive raw sewage backup ■ Evidence of significant mold 18 Other problems : ■ No consistent procedure/ regulation for " non - recorded " rental housing/ rooming units . ■ Inconsistent appeals process with other Municipal Code sections 19 ■ Significant number of units in rental housing stock are noncompliant with minimum health and safety standards . 20 Background Discussion emerged because of ■ Complaints about lack of enforcement of the " 3 - unrelated " ordinance . ■ Council 's concern about conditions in some rental housing units . 21 Council has discussed the proposed revisions at two previous Work Sessions : September 12 , 2006 & August 14 , 2007 . 22 Council direction 8/ 14/ 070 (further addressed in packet) 1 . Examples of the significant revisions . 2 . Health issues & Health Department 3 . Proposed revisions comparison to IPMC. 4 . Number of dwelling units affected/ eliminated by proposal 23 5 . Resources to assist owners of low- income rentals to comply 6 . Criteria for " old " v " historic "' 7 . Can tenants "" use " proposed revisions to vacate leases ? 8 . Propose revisions for addressing unrecorded dwellings " . 24 Significant Revisions 25 Basement bedroom emergency escape/ rescue y` I � i -_ _ .�_1r .�i •�=��-. � „ •• ?'P.': � i•�• Ski. 26 Basement bedroom emergency escape/ rescue i 27 Permanent heating 68 degrees F ' 1 \ J ' 28 Minimum ( 2 ) electrical outlets Apt 0 now P l A y 29 F > 4 1 5 L f Hazardous lighting fixtures — lack of min . outlets ` i ���av►a����� ��� �N 77 • ' ". 30 Hazardous electrical a - � 31 Bathroom Ventilation 32 Mold f ° a 21 WR 33 Significant revisions, cont'd : • Smoke alarms in all bedrooms • Carbon monoxide alarms with gas - appliances • Insect screens available from May 1 — Nov 1 34 Significant revisions, cont 'd : • Non - absorbent permanent floor covering i n bathroom & kitchens, excluding dwelling units • Security locks on exterior windows & doors 35 Costs Tenant or owner/ manager : No cost for compliance inspections . Owners : costs related to correcting violations (e . g . , emergency egress/ rescue windows range $ 500 - $ 1 , 500 ) 36 Costs Costs to City — currently covered in allocated budget daily operations of Building Code Services inspection program 37 Public Outreach ■ Planning & Zoning Board — 7/ 13/ 07 ■ Open public meeting — 7/ 24/07 ■ Building Review Board — 7/ 26/ 07 ■ Affordable Housing Board — 9/6/07 ■ North Fort Collins Business Assn . - 9/ 26/ 07 38 Public Outreach • Landlord Education Series — 10/ 25/ 07 • ASCSU Senate CSU student body 10/ 31/07 • IBC Code Review Committee — 11 /8/07 • Fort Collins Board of Realtors — 1 / 15/ 08 • Building Review Board — 3/ 27/ 08 39 Public Outreach response • Generally favorable • Concerns expressed : — Non - absorbent floor surfaces — Security locks not provided by owner — Over- zealous enforcement contributing to breaking leases 40 1 Public Outreach response • Concerns expressed : — 68 degree F heating minimum — Insect screens easily destroyed — Cost to retrofit basement emergency/ escape windows 41 Council 's Direction 1 . Does Council concur with the proposed revisions ? ➢ If not, does Council wish to review additional provisions not included in the changes or delete certain provisions ? 42 Council 's Direction 1 . Does Council concur with the proposed revisions ? ➢ If not, does Council wish to retain the current Rental Housing Standards ? 43 Council 's Direction 2 . Does Council wish to consider an ordinance adopting the proposed amended IPMC addressing minimum rental housing standards on April 15 , 2008 on First Reading or a different time frame ? 44