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HomeMy WebLinkAbout1991 03-26 EBNHACMMINUTES OF THE PROCEEDINGS OF THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MARCH 26, 1991 CITY HALL CALL TO ORDER The Earle Brown Neighborhood Housing Advisory Committee was called to order at 7 p.m. ROLL CALL Committee members present were Jody Brandvold, Everett Lindh, Pamela Frantum, and John Kalligher. Also present were Council Liaison Phil Cohen, Director of Planning and Inspections Ron Warren, Planning Commission Member Kristen Mann and Assistant EDA Coordinator Tom Bublitz. Absent and excused from the meeting were committee members Robert Torres, June Scofield and Dolores Hastings. DISCUSSION OF HOUSING MAINTENANCE AND CODE ENFORCEMENT POLICIES AND PROCEDURES The Director of Planning and Inspections was in attendance at the meeting to review the City's policies and procedures with regard to housing maintenance and code enforcement. Mr. Warren explained the City's Housing Maintenance Ordinance had been adopted in 1975 and is over 16 years old. He pointed out the ordinance was used as a model ordinance for numerous other cities in the metropolitan area. At the present time, Mr. Warren explained, the City is looking at expanding the provisions of the Housing Maintenance Ordinance (Chapter 12) to include commercial and industrial property. Mr. Warren explained one of the chief reasons for the initial adoption of Chapter 12 was absentee landlords. He explained the first rental license was issued in the City in 1976. Under the ordinance, inspections are required of rental property every two years; and, in addition, ordinance action can also be initiated by complaints. Mr. Warren explained the ordinance also applies to owner occupied, nonrental property. Mr. Warren explained the City also performs Section 8 inspections where the City inspectors must enforce Section 8 rental standards. With regard to enforcement, Mr. Warren explained the ordinance is enforced through written compliance orders sent to the owner. After two notices are sent and no action is taken by the owner, the City has the option to then have the police department issue 3/26/91 -1- a violation notice for a misdemeanor violation under the ordinance. He explained the City usually gets 90 to 95 percent compliance with the written compliance orders. Mr. Warren pointed out over a 16 -year period, five rental licenses have been revoked in the City. Usually the problems can be resolved before they get to revocation, but an owner must correct the problems and cannot rent vacant units until compliance is achieved. Another enforcement procedure, if the dwelling is unfit for human habitation, is to use the City's Nuisance Ordinance or the State's Hazardous Building Law. Usually these provisions are used where the health and safety of people occupying the building is threatened. With regard to enforcement through the courts, Mr. Warren pointed out, an opportunity is given in district court for the owner to present his case. At that point, the City can recover the costs of correcting the problem from the property owner. In conclusion, Mr. Warren pointed out the City's code is a minimum code and sets minimum standards for the community with regard to housing maintenance. He explained other ordinances are also applicable to housing maintenance, including the City's Nuisance Ordinance and various provisions of the City's Zoning Ordinance. Councilmember Cohen requested the Director of Planning and Inspections to comment on the health and fire inspectors' roles in the process of enforcement. Mr. Warren explained the City sanitarian addresses health issues such as pest and rodent infestation or other health- related maintenance items, and the fire inspectors work very closely with the City's building inspection department to enforce various provisions of the State Fire Code. Mr. Warren also commented that the City's building inspectors do not inspect every rental unit in a complex and, in fact, cannot go into a unit unless allowed to do so by a resident or with a specific court order. He explained, in addition to the living units, building inspectors also inspect the common areas, mechanical room, grounds, parking lot, etc. The committee discussed the general apartment situation in the City, changes in the tax laws affecting overall maintenance of rental properties, tenant screening problems and other general issues related to apartment maintenance. The Director of Planning and Inspections reviewed examples of the role of the courts in the overall enforcement process. He cited an example of a property that was continually ignored with regard to compliance orders and which eventually went to court. He explained the judge ruled that the owner must clean up the property, and the second court appearance of the individual resulted in potential jail time if the owner did not clean up the 3/26/91 -2- property. At that point, the owner did clean up the property and met the compliance orders. Committee Member Brandvold inquired whether the City could actually clean up a particular property if the owner did not comply. Mr. Warren explained this generally occurs with a nuisance health and safety problem, and this process is even more complicated than taking the matter to court. Councilmember Cohen commented that the Earle Brown Neighborhood Housing Advisory Committee has encouraged the City to accelerate its inspection program and pointed out a significant number of homes with deferred maintenance, resulting in problems. He also pointed out that taking out a problem house in a particular neighborhood helps to stabilize the neighborhood. He also noted the City's code enforcement officers, working out of the police department, enforce the City's junk car ordinances, parking violations, sign ordinances and overnight parking ordinances. Councilmember Cohen requested staff to provide some additional information on enforcement practices, including the average cost to initiate and execute a compliance order for maintenance, the number of complaints received by the planning and inspections department and the number of compliance orders issued. He also proposed the possibility of recovering the costs associated with compliance orders from the individual to whom it is directed. The Director of Planning and costed out the actual process he explained the average cost gives some idea of the cost of property. In discussion of housing maintenance, Committee Member Jody Brandvold brought up the example of a garage owned by a young family in her neighborhood which needs to be demolished. Presently, the family is unable to afford the demolition and disposal costs which are increasing significantly. Councilmember Cohen commented this issue brings up the need for programs whereby loans could be made and readily accessed by homeowners. For example, in a case like this, perhaps a five -year loan would be all that is needed to complete the demolition and disposal. He added that a single family homeowners association to handle many types of maintenance problems is also something the committee should be looking at, and we should be looking at funds for a demonstration project of this nature. The committee continued its discussion of housing maintenance and code enforcement. The Assistant EDA Coordinator noted the committee had previously requested the City's prosecutor be invited to a meeting to discuss the legal aspects of code enforcement and housing maintenance. He explained he could invite 3/26/91 -3- Inspections explained he had not of issuing a compliance order, but of an HRA inspection is $25, which doing an inspection on a particular the City's prosecutor, Mr. Bill Clelland, to the next meeting. The committee generally agreed they would like to have input from the City's prosecutor with regard to housing maintenance, and he should be invited to the next meeting. EARLE BROWN NEIGHBORHOOD NEWSLETTER The Assistant EDA Coordinator noted he had prepared a draft of a newsletter for committee members to review along with a draft of a survey which could be included with the initial newsletter. He distributed the newsletter to committee members and suggested we could discuss the newsletter articles and general approach at the next meeting. Councilmember Cohen suggested the Assistant EDA Coordinator investigate the possibility of combining or somehow merging the housing newsletter with the City's Crime Watch Newsletter since they do have many of the same issues in common. ADJOURNMENT The Earle Brown Neighborhood Housing Advisory Committee meeting was adjourned at 9 p.m. Respectfully submitted, Tom Bublitz Recording Secretary 3/26/91 -4-