Loading...
HomeMy WebLinkAbout05-17-2016 Item 21 Annual Report Regarding Rental Housing Inspection Program Meeting Date: 5/17/2016 FROM: Michael Codron, Community Development Director Prepared By: Teresa L. Purrington, Code Enforcement Supervisor SUBJECT: ANNUAL REPORT REGARDING RENTAL HOUSING INSPECTION PROGRAM RECOMMENDATION 1. Receive and file the annual report regarding the Rental Housing Inspection Program. (RHIP); and 2. Adopt a Resolution extending the end of the amnesty period from July 1, 2016, to January 13, 2017 and confirming that all residential rental dwelling units not inspected as part of the Fire Department’s Multi-Family Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This includes, but is not limited to, single family and duplex rental units located on an R-3 and R-4 zoned lot. REPORT-IN-BRIEF This Council Agenda Report provides the required first-year report to City Council regarding the Rental Housing Inspection Program (RHIP). The RHIP was adopted in May 2015 in order to protect public health and safety and maintain the quality of the rental housing stock within the City limits. The types of things that inspectors are looking for are fundamental components of a safe living environment, including hot and cold running water, electrical power, heat, sewage system, entry doors and compliant exits, infestation, smoke detectors, and illegal dwelling units among other issues identified in the State Health and Safety Code and the City’s property maintenance regulations. The program was formally launched in January 2016, and is now fully underway with over 3,000 registrations and several inspections completed. Staff is requesting the City Council extend the end date for the amnesty period to January 13, 2017, since staff was unable to start the amnesty program until January 8, 2016 (Attachment A) and providing a full year of amnesty is expected to provide optimal results in terms of compliance with program requirements. Staff is also asking the City Council confirm that all residential rental dwelling units not inspected as part of the Fire Department’s Multi-Family Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scope of the definition of “Residential Rental 21 Packet Pg. 393 Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This includes, but is not limited to, single family and duplex rental units located on R -3 and R-4 zoned lots (Attachment A). Going forward, staff intends to track a variety of statistics and information about the program. Regular memo updates will be provided to the City Council, and the rental housing website will provide public access to this data, as well. DISCUSSION Background The City Council’s 2013-15 Neighborhood Wellness Major City Goal included the creation of a Rental Housing Inspection Program. The work effort extended over two years and relied on previous work efforts to address impacts on neighborhood wellness. On May 19, 2015, the Rental Housing Inspection Ordinance was adopted by City Cou ncil pursuant to the direction given to city staff at the May 5, 2015, and December 16, 2014, meetings. The intent of the RHIP is to ensure that the public’s health and safety are the primary focus. . As stated in the following recitals of the Ordinance: “WHEREAS, deficient and substandard housing has many detrimental effects on the stability of the city’s neighborhoods, is environmentally undesirable, creates unsafe living conditions for tenants and neighbors, contributes to blight, negatively affects property values, and is otherwise detrimental to the health, safety and welfare of the community and its citizens; and WHEREAS, based on previous code enforcement activities and extensive community outreach, the City Council finds that tenants within the City are reluctant to report Building Code violations or other dangerous conditions to the City in fear of retaliation by their landlord despite state laws that make it unlawful for any retaliation to occur; and WHEREAS, the City’s code enforcement program typically only inspects the interior of dwelling units upon the request of tenants and or complaints by neighbors that provide adequate information to initiate a complaint or to obtain an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57; and WHEREAS, the City Council of the City of San Luis Obispo desires to provide for safe, livable and attractive neighborhoods and finds that the adoption and implementation of a rental housing inspection program will promote public health and safety of the community by the elimination of substandard housing conditions, and will promote community standards for the maintenance of properties and will otherwise further the City’s goal of Neighborhood Wellness.” Annual Update on Rental Housing Inspection Program 1. Receive and file the Annual Update on the Rental Housing Inspection Program. 21 Packet Pg. 394 Registrations The Rental Housing Inspection Program formally launched January 8, 2016, with the mailing of 4,498 letters and applications to property owners of known and assumed rental properties. The criteria used for the mailing included properties that have a business license for a residential rental, properties that do not receive their property tax bill at the property address (indicating that the house is not owner-occupied), and properties that do not take the homeowner’s property tax exemption on their property tax bill. The table below shows the projected and actual number of units registered, inspections performed to date and revenue collected. Projected As of June 30, 2016 Actual 05/09/16 Projected Revenue As of June 30, 2016 Actual Revenue 05/09/16 # properties units registered 1,395 3,130 $90,675 $203,450 # properties – not yet registered 1,644 # properties – filed for and received an exemption 714 # properties – filed for Amnesty 43 Total 1,395 5,5311 # inspections completed 380 7 $70,300 $2,405 # properties passed on first inspection 38 6 # properties passed on second inspection 342 1 # properties which didn’t pass after second inspection 34 0 $2,210 Total Revenue $163,185 $205,855 As illustrated above the number of units registered has exceeded the number of units projected to be registered by June 30, 2016. Inspections The approach to the inspections is that those properties which have had a code case in the last 5 years will be inspected first along with those properties that the owner requests to have their inspection first. Attachment B provides a flow chart of how the RHIP will work through the inspection process. 1 This number is higher than the 4,498 letters mailed due to some parcels having more than one unit and some property owners registered properties that were not on our mailing list. 21 Packet Pg. 395 The number of inspections completed to date is low, due to a longer than anticipated recruitment process for the inspectors who will be performing the inspections (two Code Enforcement Technician II positions). On May 5, 2016, the Code Enforcement Technicians started work with the City of San Luis Obispo. Public Outreach As part of the program kickoff, four workshops were held to offer information and answer questions from property owners, tenants and property managers regarding the program and how it was going to be implemented. Approximately 420 people attended these workshops, and some people attended more than one workshop. Comment cards filled out at the last two workshops and correspondence received with the Registration Forms are included in the report as Attachment D. Participation in the workshops came from a variety of community members, including both owners and renters. During the first two workshops, staff made a presentation of the program and then held a question and answer period. The final two workshops were designed as an open house, allowing people to drop in to have their questions answered at their convenience. In all, City staff heard important feedback from the public during these meetings and has made a variety of program improvements in response to the input. These include reformatting the checklist to add clarity and to allow for comments for those items which need repair, placing more information on the website for reference, and sending inspection request letters to both the property owner and the tenant. Staff originally planned to only send notices to the property owner, who is responsible for coordinating with the tenant, but this change allows the tenants to play an important role in the process and provides additional assurance that the tenant receives all relevant information about planned inspections. Many participants in the workshops expressed their displeasure and opposition to the program. Staff responded to the questions and concerns about program specifics; however, many members of the public felt the program in general was intrusive and unnecessary. Staff expects that the City Council will continue to hear testimony and receive correspondence in opposition to the program. Staff’s believes the workshops offered an opportunity for many participants to become much better informed about what the inspectors would be looking for, and what to expect during future inspections. Staff remains committed to assisting program participants throughout the process. Additional public outreach was done in the form of presentations to the SLO Association of Realtors, and Kiwanis, participation in the Cal Poly Housing Fair, postcard mailings, and water bill inserts. Overall, staff responded to over 645 emails, 825 phone calls and 285 counter visits since the program launched. Community Feedback on Program Implementation Many members of the community, who engaged with City staff since the launch of the program, and particularly during the workshops, have expressed concerns over the City’s approach to implementing this program. Of particular concern was the scope of inspect ions. For example, the inspection checklist includes items, such as chipped paint on the building exterior, or chipped surfaces in the kitchen, that some believe are not important health and safety items. 21 Packet Pg. 396 The checklist that inspectors will use is included as Attachment D. It should be noted that all of the items included on the checklist are taken from State and local building and housing codes, and are intended to ensure the safety of residents occupying the rental. Modifications to the checklist have been made to reflect the fact that, for example, chipped paint would only lead to notice to correct if it were significant and present with other deficiencies in the maintenance of the home that allowed for moisture to infiltrate the building, potentially causing problems with mold or structural instability. The Community Development Department intends to be helpful and reasonable when it comes to identification and enforcement of checklist items. In addition, the Community Development Department will do everything it can to allow property owners to keep their rentals in operation when improvements are needed, or if illegal construction is encountered. The only case where a tenant may be forced to vacate a unit is if imminent threats to life and safety are present. This would include things like sharing a bedroom with a water heater, living in a unit without basic utilities, such as water and power, or where the structure is deteriorated or is deficient to the point where its structural integrity or stability is in question. In the event that there is a Cal Poly student displaced, Cal Poly has agreed to temporarily house the student. If the tenant isn’t a student, staff will work with the displaced tenants to find accommodations. In cases where illegal units are discovered, City staff from all departments will engage and advise in a helpful manner to answer any questions about permitting requirements. Staff in the Community Development Department has tools available to help property owners, such as an abatement agreement, to create a path to obtain any required permits and complete any needed improvements in a diligent but flexible manner. This process may extend up to or even beyond one year based on the particular circumstances and facts related to any violations. In the event that a property owner doesn’t agree with staff’s determination regarding unpermitted work or a zoning determination, they can request a Director’s Determination. The decision of the Director’s Determination can be appealed to the Construction Board of Appeals for building code determinations or the Planning Commission for zoning determinations. In a limited number of instances, it may not be possible to permit the unit because of zoning requirements. For example, in the City’s R-1 zone, only one unit is allowed per lot unless the second unit is permitted as a secondary dwelling unit, which requires either the main residence or the secondary dwelling to be owner-occupied. The City of Santa Cruz has been operating a Rental Housing Inspection Program for approximately four years and identified approximately 75 units that fall into this category. When cases such as these are discovered in San Luis Obispo, the City will work with the property owner on a transition plan to return the property to legal, conforming status. Staff intends to be reasonable and flexible in its approach to these cases. For example, if a rental unit is safe to occupy but illegal for other reasons, the transition plan may enable the use to continue through the term of the existing lease. At this time, over 100 units with no record of prior permits have been registered for the program. As staff works with property owners to understand the history of these units, which is expected to vary greatly from site to site, updates will be provided to the City Council. At this time 21 Packet Pg. 397 insufficient experience exists to know if further policy guidance is required. To be clear, should additional policy guidance be needed as these issues emerge, staff will return to the City Council for direction. Reporting Results In addition to reporting on units that have no permit history on record, statistics and records will be available on the department’s web pages so that the community at large has access to up to date information about how the program is functioning. Specifically, the Community Development Department intends to track and report back to the City Council with regular memo updates and links to information on the rental housing website, to include the following informational items: 1. Number of units inspected. 2. Number of units passed on first inspection. 3. Number of units passed on second inspection. 4. Top 5 checklist items that resulted in a failed inspection. 5. Number of confirmed illegal units. 6. Number of illegal units which have since been permitted. 7. Number of units which can’t be permitted and the reason. Update on Annual Registration Fee At this time combining the annual registration process for RHIP with the business license renewals would require duplication of work efforts by staff for each program. Over the next three years, the Finance Department will be reengineering business processes and systems to improve efficiencies and streamline the experience for the public. RHIP staff will work with business license staff through this process to try to find a way for the renewals to be done together in the future. For now the Energov system being used to track an d schedule the RHIP registrations and inspections has been configured to process the annual registrations. Update on revenue and fees At this time staff believes that the projected revenues and fees are on target and will continue to monitor them. If there is a trend that the projections need to be modified staff will return to the City Council for further action. 2. Areas of Policy Clarification Through the program development and implementation staff has identified two areas which require policy clarification. They are: a. Extension of the Amnesty period to January 13, 2017 b. Confirmation that all residential rental dwelling units not inspected as part of the Fire Department’s Multi-Family Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal 21 Packet Pg. 398 Code. This includes, but is not limited to, single family and duplex rental units located on an R-3 and R-4 zoned lot. Extension of Amnesty City Council Resolution No. 10641(2015), adopted as part of the implementation of the Rental Housing Inspection Program, established an amnesty period from July 1, 2015 to June 30, 2016. The amnesty period suspends the imposition of the Special Investigation Fee 2 on any property owner who voluntarily obtains a building permit to either correct or otherwise permit unpermitted work for a Residential Rental Dwelling Unit as defined in San Luis Obispo Municipal Code 15.10.010 and is subject to the Rental Housing Inspection Program. Staff was unable to start the amnesty process until the launch of the RHIP on January 8, 2016. To date, 43 applications for amnesty have been received. Staff is working with these property owners to identify what is needed to permit unpermitted work or to legalize unpermitted units. In addition, through the registration process, there are an estimated 100 units which have registered for which the City does not have any addresses or building permits. These range from units which were previously a code enforcement case, units that were removed and have been converted back, permitted bedrooms and bathrooms which are now second units and units for which no permits are on file. Staff has begun the process of contacting these property owners to help them apply for amnesty if needed. Given City Council’s previous direction to have a one year amnesty period and the later than anticipated start, staff is recommending City Council adopt the attached Resolution which will supersede Resolution No. 10614 (2015 Series) and extend the Amnesty period to January 13, 2017. (Attachment A) R-3 and R-4 Zoned Parcels Some members of the public have raised concerns that there has been some lack of clarity if the City Council intended to include R-3 and R-4 zoned parcels with single family, duplexes and condominium residential rentals units in the RHIP. The primary reason given by certain property owners are the “R1 and R2” zoning references in the third through sixth recitals of the RHIP Ordinance. Staff who formulated and presented the program for City Council consideration believe these units were intended to be included in the program based on the definition of a “Residential rental dwelling unit” contained in the codified portion of the ordinance. Yet, it seemed prudent to provide the City Council with the rationale for inclusion and receive affirmation of this detail to enhance the legislative history of this program. The City’s Fire Department is responsible for the Multi-family Inspection Program. Currently Fire personnel conduct annual fire safety inspections of all rental dwelling properties containing three or more rental units within a single building with a building code occupancy classification of R-1 or R-2 (which is not to be confused with R-1 or R-2 zoning). The Building Code 2 The Special Investigation Fee is fee imposed on any person who performs construction work without a permit. The Building Code allows the Building Official to waive all or a portion of the fee under specific circumstances – see SLOMC § 15.04.020.H, CBC § 109.4. 21 Packet Pg. 399 residential occupancies are grouped by the intended use or occupancy. R-1 occupancies contain sleeping units where the occupants are primarily transient in nature (i.e. boarding houses, hotels and motels.) R-2 occupancies contain sleeping units or more than two dwelling units where the occupants are permanent in nature (i.e. apartments, convents, dormitories, fraternities and sororities, live/work units, vacation timeshare units.) R-3 occupancies are where occupants are primarily permanent in nature and not classified as any other occupancy group. In the City of San Luis Obispo there are 2,504 parcels zoned R-3 or R-4. Fire personnel currently inspect approximately 984 buildings with a total of about 8,041 rental units, on parcels zoned R-3 or R-4. These buildings include apartments with three or more units, hotels, motels, bed & breakfast facilities, hostel facilities, senior facilities and sorority and fraternity houses. If residential rental dwelling unit(s) as defined in the ordinance located on properties zoned R-3 or R-4 were not inspected through the RHIP program, there would be an estimated 500 rental properties that would not be inspected by either the RHIP or the Multi-family Inspection Program. It was clear that it was the City Council’s intent that all residential rentals that are not inspected by the Fire Department or another government agency or otherwise exempted under the ordinance should be registered and inspected in the RHIP. This interpretation is consistent with the definition of “Residential Rental Dwelling Unit” in the RHIP which does not refer to any zoning requirements. That definition is as follows: “Residential Rental Dwelling Unit" means single- family dwellings, duplexes, and second dwelling units, which are rented, leased, or held out for rent or lease, or otherwise used for residential rental purposes, including any curtilage, structures or buildings on the property on which the Residential Rental Dwelling Unit is located within the San Luis Obispo City limits, except as otherwise exempted in this chapter. This definition excludes multifamily dwellings having three or more dwelling units within a structure and transient type occupancies (hotels, motels and bed - and - breakfasts). See SLOMC § 15.10.020. Staff is recommending the City Council adopt the attached Resolution which clarifies that all residential rental dwelling units not inspected as part of the Fire Department’s Multi -Family Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scop e of the definition of “Residential rental dwelling unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This will make it clear that this definition additionally includes single family and duplex rental units located on an R-3 or R-4 zoned lot. (Attachment A) CONCURRENCES The Fire Department concurs with the recommendation in this report. FISCAL IMPACT There are no new fiscal impacts associated with this Council agenda report. 21 Packet Pg. 400 ALTERNATIVES 1. Council could decide not to extend the amnesty timeline or to extend it to another date. 2. Council could decide not to include the single family, duplexes and condominium residential rentals on R-3 and R-4 zoned properties in the RHIP. Staff would be required to return to Council for adoption of revisions to the previously adopted ordinance. This is not recommended as it leaves a large number of residential rental units not inspected which appears to be inconsistent with the program’s intent to protect and enhance the health and safety of the public living in these units. 3. Council could provide further policy direction on issues or concerns raised by the public about this program. Staff anticipates that many issues and policy suggestions may be raised at the City Council meeting and staff will be prepared to assist the Council in those policy deliberations Attachments: a - RHIP Extending Amnesty and Policy Determination Resolution b - Rental Housing Inspection Process c - Letter and Comment Cards d - Inspection Checklist 21 Packet Pg. 401 1 RESOLUTION NO.___________ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, EXTENDING THE DEADLINE FOR THE AMNESTY PERIOD FOR WAIVER OF THE SPECIAL INVESTIGATION FEE AND CLARIFYING THE INTERPRETATION AND SCOPE OF THE DEFINITION OF “RESIDENTIAL RENTAL DWELLING UNIT” IN SECTION 15.10.020 OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, on May 18, 2015, the City Council adopted Resolution No. 10614 (2015 Series) establishing a one year “amnesty period” whereby the Special Investigation Fee imposed as part of the City’s code enforcement program was temporarily waived for property owners that voluntarily seek permits for unpermitted construction for single family and duplex dwelling units which are subject to the City’s Rental Housing Inspection Program, Chapter 15.10 of the San Luis Obispo Municipal Code; and WHEREAS, pursuant to Resolution No. 10614, the amnesty period ends on June 30, 2016. The City Council desires to extend the amnesty period in order for more property owners to take advantage of this program; and WHEREAS, on May 19, 2015, the City Council adopted Ordinance No. 1616 establishing a Rental Housing Inspection Program (“RHIP”), wherein the City would periodically inspect single family and duplex residential rental dwelling units for compliance with the State and local building and housing codes; and WHEREAS, differences of opinion have arisen between certain property owners and City staff regarding the interpretation and scope of the definition of “Residential Rental Dwelling Unit” as set forth in Section 15.10.020 of the City’s Municipal Code. By this Resolution, the City Council desires to resolve those differences and clarify the meaning of that definition. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: 1. For the period of May 17, 2016 to January 13, 2017, the City Council hereby suspends the imposition of the Special Investigation Fee on any property owner who voluntarily obtains a building permit to either correct or otherwise permit unpermitted work for a Residential Rental Dwelling Unit as defined in San Luis Obispo Municipal Code section 15.10.010 and is subject to the Rental Housing Inspection Program. The Special Investigation Fee shall continue to apply to any property owner whose property is currently the subject of a code enforcement action or a Notice of Violation or Notice to Correct has been or is otherwise issued to the property owner or does not obtain a permit prior to a scheduled inspection under the Rental Housing Inspection Program. Resolution No. 10614 21.a Packet Pg. 402 At t a c h m e n t : a - R H I P E x t e n d i n g A m n e s t y a n d P o l i c y D e t e r m i n a t i o n R e s o l u t i o n ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 2 (2015 Series) is hereby superseded by this Resolution to the extent it is inconsistent herewith. 2. The City Council hereby confirms that all residential rental dwelling units not inspected as part of the Fire Department’s Multi-Family Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This includes, but is not limited to, single family and duplex rental units located on an R-3 and R-4 zoned lot. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________ 2016. ______________________________ Mayor Jan Marx ATTEST: ____________________________________ Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney 21.a Packet Pg. 403 At t a c h m e n t : a - R H I P E x t e n d i n g A m n e s t y a n d P o l i c y D e t e r m i n a t i o n R e s o l u t i o n ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Lee Price, MMC Interim City Clerk 21.a Packet Pg. 404 At t a c h m e n t : a - R H I P E x t e n d i n g A m n e s t y a n d P o l i c y D e t e r m i n a t i o n R e s o l u t i o n ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) Rental Housing Inspection Process Yes No Documents sent to property owner 1. Registration Letter 2. Registration Form Property Owner returns registration form and fee Inspection Scheduled Owner notified of inspection date/time and fee. Tenant also notified of date/time. Owner pays fee Inspection performed Unit passes Certificate of Compliance issued Needs Corrections No Permits needed Permits Needed Unpermitted Unit Re-inspection in 2 weeks Permits finaled Repairs made Permits obtained from Building Repairs made Permits finaled Certificate of Compliance issued Plan submitted and permits issued Planning Approval Unit Removed 21.b Packet Pg. 405 At t a c h m e n t : b - R e n t a l H o u s i n g I n s p e c t i o n P r o c e s s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 406 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 407 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 408 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 409 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 410 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 411 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 412 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 413 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 414 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 415 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 416 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 417 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 418 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 419 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 420 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 421 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 422 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 423 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 424 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 425 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 426 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l 21.c Packet Pg. 427 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 428 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 429 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 430 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 431 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 432 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 433 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 434 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 435 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l 21.c Packet Pg. 436 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 437 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 438 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 439 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 440 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 441 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 442 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) 21.c Packet Pg. 443 At t a c h m e n t : c - L e t t e r a n d C o m m e n t C a r d s ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) Rental Housing Inspection Program Inspection Checklist Community Development T 805.594.8189 919 Palm Street, San Luis Obispo, CA 93401-3218 F 805.781.7173 Case #: _________________ Date: ________________ Property Address: Part 1- Exterior Pass Needs Correction Comments Premises – no abandoned or inoperable vehicles, overgrown vegetation, infestation of insects or vermin, discarded household items, trash debris or any graffiti. Premise identification installed on building. Exterior Walls – no peeling paint, holes, missing sections or deterioration. Vent Screens – no missing or damaged crawl space, attic or foundation vent screens. Stairway/Landing/ Guardrails/Handrails – well secured, not deteriorated. Handrails provided for 4 steps or more. Roof and Ceilings – without any leaks Exterior Lighting – functions and have proper covers, no exposed wiring. Electrical Panel –all breakers/fuses are labeled and there is no exposed wiring. Garage – Is used for its permitted purpose. Entry Doors – all doors and door jambs have strike plates that are secure. entry doors open and close easily and able to be unlocked without a key from interior; weather sealed. Part II: Interior Windows – windows can be opened and closed easily, lock and have no missing or broken glazing. Bedrooms have escape/rescue windows and are not blocked. Any security bars/screens can be released from the interior. Heaters – are permanently installed and properly functioning. Able to heat room to 68° Kitchen Counters and Sink Surfaces –No significant cracked or missing pieces. Floor/Subfloor – Not defective or deteriorating to cause a trip hazard. Free from signs of buckling or sagging. 21.d Packet Pg. 444 At t a c h m e n t : d - I n s p e c t i o n C h e c k l i s t ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) Property Address: _____________________________ Page 2 Plumbing/Piping –without leaks or clogs, no missing handles or spouts. Hot water required in the kitchen and bathrooms. Water Heaters – installed in approved location, have seismic strapping, operable relief valve & drain line. Minimum 120 water temperature Bathroom Ventilation – operable window or exhaust fan. Smoke Detectors – working, and located in each bedroom, in hallways leading to bedrooms and on each level of unit. Carbon Monoxide Detectors – located outside each sleeping area & on each level of unit (including basements). Electrical – general outlets, lights, switches and cover plates are installed properly with no exposed wiring. GFCI required locations: bathrooms, kitchen counters, exterior of the building and in garages. Only required where outlets have been upgraded. No change in any portion of a building, structure, common area or any other work regulated by Code shall be required when such work was installed and is maintained in accordance with the Code in effect at the time of installation. A completed Rental Housing Inspection Checklist does not certify that any work done to the building or structure was in compliance with any permit or approval requirements. I certify that I have inspected the aforementioned unit and that the information above is true and correct to the best of my knowledge. Name of Inspector: _____________________________________ Date: _______________________ Additional Inspection Comments: 21.d Packet Pg. 445 At t a c h m e n t : d - I n s p e c t i o n C h e c k l i s t ( 1 3 4 0 : A n n u a l R e p o r t o n R e n t a l H o u s i n g I n s p e c t i o n P r o g r a m ) Page intentionally left blank. Rental Housing Inspection Program Annual Report to City Council May 17, 2016 Purpose of Hearing Provide the City Council an update on the implementation of the Rental Housing Inspection Program Recommendation Staff recommends adopting the Resolution: 1.Extending the amnesty period to January 13, 2017, and 2.Confirming that all residential rental dwelling units not inspected as part of the Fire Department’s Multi-family Inspection Program or otherwise exempt from the RHIP pursuant to §15.10.090 SLOMC are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as set forth in section §15.10.020 of the SLOMC. Purpose and Intent of Rental Housing Inspection Program 15.10.010 Purpose and intent. The purpose and intent of this chapter is to safeguard the public and preserve the city’s neighborhoods and housing stock by ensuring that rental housing units are maintained in a safe and sanitary condition in accordance with the State Housing Law, State Building Standards, and local property maintenance and zoning provisions. The further purpose and intent of this chapter is to proactively identify substandard and unsafe residential rental units and to ensure their rehabilitation or elimination. This chapter is further intended to enhance the quality of life for all residents of the city, whether living in rental or owner-occupied dwelling units. (Ord. 1616 § 3 (part), 2015) Rental Housing Inspection Program Components Registration Exemption Units already inspected by Fire Department Mobile homes units within mobile home parks HUD Section 8 housing Dwelling units owned or managed by a government agency Owner occupied/Second homes Amnesty Inspection Self Certification Public Outreach Presentation to the SLO Association of Realtors about 75 in attendance in November Postcards mailed in December announcing the program. Letters and Registration forms sent in January 4 Informational workshops:  January 13, February 11, February 24 and March 7.  Approximately 420 people attended some people attended more than 1 meeting. Cal Poly Housing Fair Presentation to Kiwanis Community Feedback 1.Cost of program 2.Fourth Amendment rights 3.Scope of inspections/wording on inspection checklist 4.Displacing tenants 5.Requirement to have tenant sign authorization to enter property 6.R-3 or R-4 zones properties and if they are included in the RHIP Cost of Rental Housing Inspection Program Projected Budget for FY 2015-2016 in May 2015 Report $163,185 Fees collected (registrations and inspections) $256,821 Operating Expenses $93,636 General Fund subsidy needed Actual as of May 10, 2016 $207,855 Fees collected (registrations and inspections) $206,972 Operating Expenses No General Fund Subsidy Amnesty City Council adopted a Resolution (No. 10641) establishing a 1-year amnesty period from July 1, 2015 to June 30, 2016. The amnesty program did not begin until January 8, 2016. 44 Amnesty forms submitted to date 2 returned due to active code case 5 not needed 2 obtained permits 15 submitted additional information and under review 12 waiting for additional information 8 no information provided still under review Given Council’s previous direction to have a 1-year amnesty period staff is recommending adoption of a Resolution extending the amnesty period to January 13, 2017 Registrations Projected May 2015 Report 1,395 units registered by June 30, 2016 Actual as of May 10, 2016 3,130 units registered 714 exemptions 44 amnesty 1,644 no response Inspections Projected in May 2015 Report 380 – 1st inspections 342 – re-inspections 34 – 3rd inspections Actual as of May 10, 2016 7 units inspected 5 units passed 1 unit needed minor corrections. 1 unit needed correction requiring a building permit. 128 inspections scheduled 7 property owners have told us the tenant is not going to allow us entry RHIP process flowchart Inspection Scheduled Owner and tenant notified 30 days prior of inspection date/time Property Owner completes Registration Form and pays $65 registration/program admin fee Inspection Property Identified as a Rental Registration Letter and Form mailed to Property Owner Prior to Inspection Property Owner pays $185 inspection fee and tenant authorization received. Tenant Refuses Entry Tenant refuses entry Staff verifies that there is no open code case Property owner to provide: Copy of lease for property where the tenant is declining entry Documentation that they advised the tenant of the inspection requirement and requested entry for the inspection Documentation that the tenants have declined permission to enter Inspection put on hold while staff works with property owner/tenant to arrange for inspection within the 3 year inspection cycle RHIP process flowchart Yes No Inspection performed Unit passes Needs Corrections Certificate of Compliance issued No Permits needed Permits Needed Unpermitted Unit Re-inspection in 2 weeks Permits finaled Repairs made Permits obtained Repairs made Certificate of Compliance issued Planning Approval Existing Code Process Plans submitted/ permits issued No R-3 and R-4 Zoned Properties Properties zoned R-3 or R-4 In the recitals of the RHIP Ordinance there are references to zoning and the differences in code cases based on zoning. The Ordinance definition of a “Residential rental dwelling unit” has no reference to zoning. There are 2,504 parcels zoned R-3 or R-4 in the city. Fire personnel inspect 984 building with about 8,041 units on R-3 or R-4 zoned parcels. Leaving an estimated 500 units on R-3 or R-4 zoned parcels not inspected. Staff is requesting affirmation that all residential rentals not inspected by fire personnel or specifically exempted are included in the RHIP. Resources available to educate/assist tenants California Tenants: A guide to residential tenants and landlords rights and responsibilities. Available on the city website and a printed copy at the building counter of 919 Palm St. SLO Solutions: Conflict Resolution Specialists with experience resolving conflict between neighbors, landlords, tenants or roommates. www.creativemediation.net/slo-solutions California Rural Legal Assistance: A private non-profit law firm that provides representation and legal advice to persons whose income is below certain limits. Information on city website. Cal Poly has extensive information for student renters. Appeal Procedure As outlined in SLOMC §1.24 Property owner can request a Director’s Determination when a Notice to Correct is issued. Property owner can appeal a Notice of Violation/Administrative Citation to the Construction Board of Appeals for building code violations and the Planning Commission for zoning violations. Monthly Reporting to City Council Staff will be providing monthly memos to City Council regarding: 1.Number of unit inspected 2.Number of units passed on 1st inspection 3.Number of units passed on 2nd inspection 4.Top 5 checklist items that needed correction. 5.Number of confirmed illegal units. 6.Number of illegal units which have been permitted. 7.Number of units which can’t be permitted and why. This information will also be available on the Rental Housing Inspection Program website. Annual Rental Housing Inspection Program Staff recommends adopting the Resolution: 1.Extending the amnesty period to January 13, 2017, and 2.Confirming that all residential rental dwelling units not inspected as part of the by Fire Department’s Multi-family Inspection Program or otherwise exempt from the RHIP pursuant to SLOMC §15.10.090 are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as set forth in section 15.10.020 of the SLOMC.