HomeMy WebLinkAbout1992 02-18 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
FEBRUARY 18, 1992
CITY HALL
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by
Chairman Nicholas Eoloff at 7:00 p.m.
ROLL CALL
Chairman Nicholas Eoloff, Commissioners Ernie Erickson, Pamela
Frantum, Barbara Jensen, John Kalligher, Neal Nelson, Jon Perkins
and Robert Torres. Also present were Council Liaison Phil Cohen,
City Building Official Clay Larson and Assistant EDA Coordinator
Tom Bublitz.
APPROVAL OF AGENDA
The Housing Commission approved the agenda as submitted with no
additions or changes.
APPROVAL OF MINUTES JANUARY 21, 1992
There was a motion by Commissioner Jensen and seconded by
Commissioner Perkins to approve the January 21, 1992 minutes as
submitted. The motion passed.
DISCUSSION OF HOUSING MAINTENANCE CODE ENFORCEMENT AND
PRESENTATION BY CITY BUILDING OFFICIAL CLAY LARSON
Mr. Larson began his presentation to the Commission by explaining
the position of housing inspector for the City of Brooklyn Center
has been a job classification in Brooklyn Center for only two
years. He explained most building inspectors come from a building
construction background, while housing inspectors come from an
entirely different background since their job duties are distinct
from that of a building inspector. The priorities for housing
inspectors in Brooklyn Center are rental housin g inspection ection and
Section 8 inspections.
Mr. Larson pointed out the housing inspector spends more time in
the field than do the building inspectors. There is also o
1 g e i p more
direct interaction between housing inspectors and residents than
between building inspectors and residents. Additionally, housing
inspectors are gaining more professional recognition and, in fact,
a professional organization for housing inspectors has been
formed.
Mr. Larson then reviewed the housing inspection report form used
for housing inspections for single family through multi family
buildings. A report form contains sections on environmental /site
conditions, building /structural conditions,
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building /heating /cooking facilities, electrical facilities and a
category for miscellaneous which includes pest extermination,
smoke detectors and storage of vehicles and parts. Essentially,
as described by Mr. Larson, the inspection process consists of
four (4) arts that are pertinent to the inspection artment.
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The first procedure is to perform the inspection and attempt to
make direct contact with the resident to gain compliance. The
second step in the process is the issuance of a written compliance
order if the compliance cannot be achieved verbally. A third step
in the process involves a second and possibly third issuance of a
written compliance order. A maximum of three (3) notices are sent
to achieve compliance, except in certain situations such as lack
of smoke detectors, leaking water, etc., or other emergency
conditions that must be handled immediately. The fourth step in
the process is, after the third notice is issued and no compliance
is achieved, a citation is issued and the process is then out of
the hands of the building inspector and into the hands of the
prosecuting attorney's office.
Mr. Larson reviewed the inspection form used for Section 8 housing
inspections. He pointed out that if one item on the form is
listed as faulty, the unit does not pass the inspection. If the
unit does not pass the inspection, the tenant is not required to
pay rent on that unit and that unit cannot be rented if it becomes
vacant.
Mr. Larson reviewed the damage assessment process used in Section
8 housing and explained the City sends the damage assessment to
the Department of Housing and Urban Development (HUD) and HUD can
pay up to two and one -half times (2 1/2) the damage deposit to
repair the damage. HUD then attempts to recover the cost from the
tenants. Also, the owner of the property can fix the damage, such
as a broken window, and charge the tenant out of the damage
deposit. If the tenant refuses to pay, he or she can be evicted
if the damage is serious enough.
Mr. Larson continued his description of the housing inspector
position and explained the housing inspector responds to
complaints for all kinds of housing related items, including
disputes over fences, housing maintenance and outside storage
complaints, and rodent and pest infestations.
Mr. Larson commented on the formation of a property managers'
group in the City of Brooklyn Center. He explained the City has
spearheaded this move to organize property managers who meet on a
regular basis and hear informational speakers on various topics,
such as Section 8, property management, police and fire issues,
etc.
Councilmember Cohen arrived at 7:20 p.m.
Mr. Larson pointed out that one of the issues that will be
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addressed to the property managers' group is the issue of tenant
screening. He explained that often the problem in a particular
building is with the �:enants more than the upkeep of the building.
He explained the Cite ordinances can enforce maintenance items,
but the screening of tenants is completely within the domain of
the property owner and manager.
Housing Commission m mbers began a discussion of various options
for maintaining and improving the housing stock through ordinance
regulation and Commissioner Perkins asked Mr. Larson his
assessment of the Point Of Sale ordinance used in some cities.
Mr. Larson said he did not favor the Point Of Sale ordinance
approach, and pointer out he would rather see a Truth In Housing
type ordinance be used rather than a Point Of Sale. He commented
that the Truth In Housing approach is a disclosure on the part of
the seller and the disclosure is developed by a private inspector.
The Truth In Housing approach, as used by the cities of
Minneapolis and St. Paul, allows the buyer to negotiate with the
seller with regard to the items contained in the disclosure
statement. He added that the Point Of Sale ordinance's
effectiveness is only as good as the inspector doing the
inspection.
Commissioner Kalligher arrived at 7:35 p.m.
Mr. Larson also pointed out the Point Of Sale ordinance will not
disclose such things as rotted soffit and fascia boards that you
cannot see during an inspection, and will also not tell you that
you may have to replace the furnace because it is fifteen to
twenty (15 -20) years old, but at the time of inspection is still
functioning so it is not an item that needs to be replaced.
Com missioner Perkins then asked the Building Official whether he
believed there was any merit in additional hours spent on
inspections. Mr. Larson responded by explaining that he believes
the inspections staff is able to keep up with the inspections now,
and does not believe additional staff is necessary at the present
time. He explained that, in addition to regularly scheduled
rental inspections, the s problems i
inspections staff deals with
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both owner occupied and rental property on a complaint basis.
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However, if the syst�{m is changed or if duties are added to the
department, such as Point Of Sale ordinance, then additional
staff would be needed.
Commission members continued their discussion of housing
maintenance and neighborhood upkeep. Commissioner Jensen asked
Mr. Larson if he would change anything in terms of producing the
desired effect of g o d home maintenance. Mr. Larson explained
that he believed cc unity education on such items as exterior
maintenance, landscap.ng, etc., and a positive community reception
to that education would be the thing he would like to see
achieved. He added he believes the existing ordinance is adequate
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in terms of approaching the problem on an enforcement level.
Councilmember Cohen asked Mr. Larson whether or not people have to
bring their entire house up to code if they remodel a portion of
it. Mr. Larson explained residents need only to bring the area
they are remodeling up to code. For example, if an individual is
remodeling a bathroom, the bathroom must meet the state plumbing
code requirements, but the remainder of the house does not have to
be brought up to any specific code. Councilmember Cohen then
asked whether Mr. Larson believed that homes that have not
received maintenance for many years and have deteriorated can be
brought back. Mr. Larson explained that homes can be brought
back, and also with lower maintenance items, such as aluminum
siding, vinyl windows, etc. He pointed out this is one of the
goals of the City's home rehabilitation grant program. He also
added that one of the key factors he believes important is that
presently people have less time to spend on home
p y p p p maintenance in
past years. For example, two wage earner families with children
or single parent families faced with other more urgent`
responsibilities do not have the time to spend on household
maintenance that perhaps their parents did in the past.
Commissioner Kalligher inquired whether enforcement efforts have
increased in the City. The Building Official responded that
enforcement efforts have increased over the last year,
particularly with the addition of the housing inspector position.
Staff is able to spend more time on these types of problems.
Commissioner Kalligher commented on the enforcement, efforts on
smaller maintenance items to prevent them from becoming larger
problems. He particularly pointed out that he recalled the
housing plan called for stricter enforcement, especially on these
types of smaller items. Councilmember Cohen commented that he
believes a great deal needs to be done with regard to home
maintenance and that the City cannot hope to detect all the small
items of deferred maintenance occurring in the City. He added the
staff has to spend time on areas where they can be most effective.
He pointed out that the City has added a housing inspector to deal
with what is an ongoing problem. Because of budget constraints,
the staff has to prioritize on how to spend their time to achieve
the most effective enforcement overall.
Commissioner Kalligher suggested that by dealing with the smaller
problems, such as painting and deteriorating gutters, soffit,
fascia, etc., the larger problems may be prevented later on. The
Building Official suggested that perhaps the City could look at
using CDBG funds to accomplish some of the smaller maintenance
items, such as painting. Commissioner Jensen added that she
thought a portion of the CDBG funds could be devoted to this type
of maintenance and upkeep.
The Commission continued its discussion on housing maintenance and
code enforcement, and Councilmember Cohen inquired of Commissioner
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Perkins the extent of FHA inspections, based on his experience as
a realtor. Commissioner Perkins pointed out that the FHA
inspector is actually an appraiser, and is not a true inspector.
The FHA representative looks at things they think might look old
and in need of repair, such as roofs, old fuse boxes, etc.,
however, they do not Look at other things, such as wet basements,
which are also serious problems. He emphasized that the FHA is an
appraisal, and does riot look at things unless they appear to be
hazardous. As a result, the appraisal is essentially an assurance
to the mortgagee that the home is adequate to grant the mortgage.
The Commission concluded its discussion with the City Building
Official and thanked him for taking the time to meet with the
Commission this evening.
Chairman Eoloff indicated that due to the lateness of the hour he
would like to defer the remainder of the agenda items to the
meeting next month.
ADJOURNMENT
There was a motion by Commissioner Jensen and seconded by
Commissioner Erickson to adjourn the meeting. The motion passed.
The Brooklyn Center Housing Commission adjourned at 9:00 p.m.
Chairperson
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