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HomeMy WebLinkAbout1991 10-15 HCM MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION October 15, 1991 CITY HALL CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Nicholas Eoloff at 7:00 p.m. ROLL CALL Chairman Nicholas Eoloff, Commissioners Pamela Frantum, Ernie Erickson, Neal Nelson and Robert Torres. Also present were Council Liaison Phil Cohen, Director of Planning and Inspections Ron Warren and Assistant EDA Coordinator Tom Bublitz. Absent and excused from the meeting were Commissioners Barbara Jensen, Jon Perkins and John Kalligher. APPROVAL OF AGENDA There was a motion by Commissioner Erickson and seconded by Commissioner Nelson to approve the agenda for the October 15, 1991, Housing Commission meeting. The motion passed. APPROVAL OF MINUTES SEPTEMBER 17. 1991 There was a motion by Commissioner Erickson and seconded by Commissioner Nelson to approve the September 17, 1991, Housing Commission minutes as submitted. The motion passed. DISCUSSION OF HOUSING MAINTENANCE CODE ENFORCEMENT WITH CITY DIRECTOR OF PLANNING AND INSPECTIONS The Assistant EDA Coordinator introduced Mr. Ron Warren, Director Planning and Inspections, and explained Mr. Warren was at the meeting this evening to review the provisions of Chapter 12, the City's Building Maintenance and Occupancy Ordinance. He noted this is a continuation of the housing commissions focus on maintenance code enforcement issues. Mr. Warren explained recent Revisions to Chapter 12, approved within the last 30 days, extend the provisions of Chapter 12 to commercial and industrial property in addition to residential property. He pointed out there are no licensing requirements for commercial industrial property as there are for residential rental property under Chapter 12. 10 -15 -91 -1- 1 Mr. Warren pointed out additional provisions to Chapter 12 establish the ability to charge rental property owners a reinspection fee for failed corrective action on compliance orders. He explained if the items to be corrected are not completed on the first visit back after the first compliance order is issued and another order and /or inspection is required, the owner is charged a fee. The amount of the fee has not yet been established but it will probably be in the neighborhood of $25 which is the amount of reimbursement the City receives for a typical Section 8 inspection. Mr. Warren also reviewed a new provision in the ordinance regarding conduct on licensed premises. Essentially, the provision makes it the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. Failure to comply with this provision of the ordinance can ultimately lead to denial, revocation, or suspension of a rental dwelling license for the offender. Mr. Warren continued his review of Chapter 12 pointing out that there is only one housing inspector on staff at the City to handle all inspections and complaints under the housing ordinance. The Director of Planning nd Inspections reviewed the compliance g P p order process under Chapter 12 which begins with a personal contact, if possible, with the party to inform them of the items which need correction under the ordinance. The second step in the process, if the item is not corrected, is to issue a written compliance order. The third and final step, if the violation is not corrected, is to pursue court action on the offense. Councilmember Cohen inquired as to the timeline on the notices given to violators. The Director of Planning and Inspections explained there is approximately a ten to 30 day compliance period for the first notice unless it is a health and safety issue which indicates the necessity for immediate compliance. On the second notice generally a 15 day period is the maximum time given to correct the violation. If the violation still goes uncorrected, the next step is to issue a citation. The code enforcement officer issuing the citation can indicate on the tag that a court appearance is necessary. A court appearance is not always mandatory and some people may pay a fine with the clerk of court. In the case of rental property, where there is continued non- compliance, the Director of Planning and Inspections explained a report is prepared for city council review and the licensee must show cause why the license should not be revoked for their non- compliance with the particular violation. If the license is revoked, the staff then enforces the revocation and prevents the renting of units that are affected by the revocation. For example, the Director of Planning and Inspections pointed out, in the case of a large apartment complex, all units may not be 10 -15 -91 -2- affected by a particular violation or non compliance and only those units affected are the ones that are prevented from being rented out. Additionally, the Director of Planning and Inspections pointed out that if the case goes to court, there is a pre -trial process where the City Prosecutor may negotiate an agreement with the offending party. The Housing Commission requested the Director of Planning and Inspections to elaborate further on the provision in Chapter 12 with regard to conduct on licensed premises. The Director of Planning and Inspections explained this provision does not require a conviction to enforce this provision. He added that the planning and inspections department will need to work with the police department on this provision to develop a process for enforcement. He emphasized again a conviction is not needed to notify the owner with regard to a disorderly house. Also, he pointed out the City is not dealing directly with the tenant in this ordinance provision but instead deals with the owner of the rental property. The Commission continued its discussion of Chapter 12 and the Director of Planning and Inspections pointed out, virtually all provisions of Chapter 12 apply to both owner occupied and rental property with some exceptions, such as the conduct on licensed premises provision. The Director of Planning and Inspections discussed the general issue of housing maintenance standards as expressed in the City Ordinance. He noted the standards established in the ordinance are minimum standards and may not always be up to everyone's idea of what a neighborhood standard should be. He cited the example of painting where individuals can paint their house any color they choose even though it may be objectionable to many individuals in the neighborhood. Also, he pointed out the length of grass on peoples lawns, as regulated by the ordinance, can be up to eight inches, again a height which is not up to everyone's concept of an appropriate neighborhood standard. He explained the establishment of appropriate standards for housing maintenance is an extremely difficult issue with regard to its expression in any type of official ordinance. The commission continued its discussion of housing maintenance enforcement and Councilmember Cohen emphasized the importance of attacking the problem on many fronts including code enforcement, housing programs, management issues and legislative issues. He emphasized the importance of continuing to address these issues through the Housing Commission. 10 -15 -91 -3- 3 OTHER BUSINESS Commissioner Nelson brought up the issue of Shingle Creek Towers and the possibility of that particular building going to a market rate building. Councilmember Cohen suggested that a list of projects coming up for redemption be prepared and considered at a future housing commission meeting. Commissioner Torres brought up the issue of the development of a non profit corporation for dealing with housing issues in the City. He stated this should be a topic of discussion at a housing commission meeting. The Assistant EDA Coordinator indicated that he would try and get a representative from Westminster Corporation, which is one of the leading non profit housing corporations in the metropolitan area, to address the issue of non profit corporations at the next housing commission meeting. Councilmember Cohen also stated the HRA budget should be a item to review at a future meeting. ADJOURNMENT There was a motion by Commissioner Erickson and seconded by Commissioner Nelson to adjourn the meeting. The motion passed. The Brooklyn Center Housing commission adjourned at 8:36 p.m. Chairperson 10 -15 -91 -4-