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HomeMy WebLinkAbout1997 02-18 CCP Joint Session with Housing Commission AGENDA Joint Meeting of the Brooklyn Center City Council and the Brooklyn Center Housing Commission February 18, 1997 7:00 P.M. Council Chambers Brooklyn Center City Hall 1. Call to Order: 7:00 P.M. 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes - January 21, 1997 5. Discussion of Draft Time of Sale Ordinance and Housing Commission Review of Ordinance from January 21, 1997, Housing Commission Meeting 6. Discussion of City's Housing Rehabilitation Deferred Loan Program 7. Other Business 8. Adjournment: 8:30 P.M. 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 JANUARY 21, 1997 CONFERENCE ROOM B BROOKLYN CENTER CITY HALL CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres at 7:00 P.M. ROLL CALL Chairperson Robert Torres, Vice - Chairperson Ernie Erickson, Commissioners Henry Yang, Lloyd Deuel, and Mark Yelich. Also present were Council Liaison Kay Lasman and Community Development Specialist Tom Bublitz. Additionally, Mr. Bill Gerst, representing the Minneapolis Area Association of Realtors, was in attendance at the meeting. Absent and excused from the meeting were Commissioners Naomi Ische and Jonathan Carter. Commissioner Ische indicated she would be resigning from the commission due to a move from the city. Also absent from the meeting were Commissioners Todd Cannon and Michael desParois. APPROVAL OF AGENDA There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to approve the agenda, as submitted. The motion passed. APPROVAL OF MINUTES - DECEMBER 17, 1996 There was a motion by Commissioner Deuel and seconded by Commissioner Yang to approve the December 17, 1996, Housing Commission minutes, as submitted. The motion passed. ELECTION OF CHAIRPERSON FOR 1997 As required by Council resolution, the chairs of the advisory commissions are elected annually by the commission members. Chairperson Torres turned the meeting over to Vice - Chairperson Erickson for the purpose of conducting an election for chairperson of the Housing Commission Vice- Chairperson Erickson called for nominations for Chairperson of the Housing Commission. Commissioner Deuel nominated Robert Torres to continue as chair of the Housing Commission. Vice - Chairperson Erickson inquired whether there were any other nominations, and called three times for additional nominations. Hearing none, Vice - Chairperson Erickson entertained a 1 -21 -97 -1- motion for a unanimous ballot to elect Robert Torres as chairperson of the Brooklyn Center Housing Advisory Commission for 1997. There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to elect Robert Torres as chairperson for 1997 by unanimous ballot. The motion passed unanimously. In accordance with the enabling resolutions for the Housing Commission, the Chairperson is required to appoint a vice -chair annually. Chairperson Torres appointed Commissioner Ernie Erickson as vice -chair for 1997, and Commissioner Erickson accepted the appointment. REVIEW AND DISCUSSION OF DRAFT TIME OF SALE ORDINANCE The commission discussed the format for reviewing the draft Time of Sale ordinance and agreed they would review the ordinance this evening and their review and questions would be presented to the City Council, along with the draft ordinance, at their February 18, 1997, joint meeting with the Brooklyn Center City Council. To begin the discussion and review of the ordinance, Commissioner Erickson inquired whether the definition of mobile home needed to be included in the ordinance since there are no mobile home areas in Brooklyn Center. The Community Development Specialist replied that under State law, the City cannot prohibit mobile homes from being moved or built in the city, and this definition should be included in the ordinance since there is the possibility of manufactured housing to be built or moved into the city. Commissioner Erickson suggested a change in the "immediate hazard" definition, which would revise the definition to read "a condition or defect which is likely to cause injury to a person or property or affect the health of a person or persons if not corrected Commissioner Yelich inquired whether the term "dwelling" includes townhomes and condominiums. Commissioner Erickson noted that on page 5 of the draft ordinance, item number four under correction of immediate hazards should be revised to add "or the lack of water supply" as opposed to "or the lack of water." Under item number 7 on page 5 under correction of immediate hazards, Commissioner Erickson requested and expanded explanation of "abandoned storage tank" so as not to confuse this with abandoned wells. Commissioner Erickson also inquired whether the City would have to address wells in the ordinance. Mr. Bill Gerst, representing the Minneapolis Association of Realtors, noted it was his understanding that the property owners can keep wells on the property as long as they are in working order, and, if not, they must either bring them in to working order or have them legally abandoned as per the Department of Health regulations. 1 -21 -97 -2- On page number 6, item c, commissioner Erickson suggested item c should be changed to read "when correcting identified hazards, the owner shall obtain all necessary permits from the City and secure reinspection of the premises by City personnel." With regard to this item, Commissioner Erickson's concern was that the evaluation should note which items to be corrected require a permit, and these items would be reinspected by City personnel. The Community Development Specialist noted the option of the City Inspector doing a reinspection of the corrections required by the initial inspector while the inspector is inspecting the permit work. Commissioner Deuel suggested that the City should inform residents in advance as to what repair items are required to be repaired under the hazardous items provision of the ordinance. Councilmember Lasman posed the possibility of having the common hazardous items noted in the City's newsletter. Additionally, the Community Development Specialist pointed out the City of South St. Paul ublishes a separate inform p p anon flyer on what the most common hazards are and which items need to be corrected under their ordinance. Chairperson Torres inquired whether the City could require carbon monoxide detectors. Commissioner Erickson expressed a concern with the current standard of carbon monoxide monitors and the inconsistency of quality. It was decided that the staff liaison should find out what the State Building Code says with regard to requiring CO monitors. Commissioner Yeli ch inquired whether or not the reference to filing fees (page 4, paragraph d) in the ordinance would cover the City expenses for the program. Commissioner Yelich also expressed a concern that the Time of Sale ordinance may not be the best value for homeowners. Commissioner Erickson noted the commission had previously considered various forms of inspection ordinances which resulted in a tie vote on the commission between a Truth in Housing -type ordinance versus a Point of Sale ordinance. The ordinance being reviewed this evening was essentially a compromise between the two ordinances. He explained the commission finally decided on an ordinance that would address safety items in homes prior to their conveyance. He explained the commission's past review of ordinances involved a number of ordinances including St. Louis Park, New Hope, Crystal, Bloomington and South St. Paul. He noted the commission decided on the Bloomington and South St. Paul ordinance which addressed the correction of immediate hazards. The commissioners briefly discussed the features of a Truth in Housing ordinance versus a Time of Sale ordinance. Commissioner Deuel pointed out the Housing Commission met with the City Council last year, and in his estimation their message was that if the ordinance has no "teeth ", they did not want to enact it. He explained it was his understanding Council wants some level of improvement in the housing stock, and that with a Truth in Housing -type ordinance the defects are not corrected. 1 -21 -97 -3- Discussion continued among commission members regarding the value of enforcement of the housing code versus Time of Sale and Truth in Housing -type ordinances. Commissioner Erickson noted the present housing maintenance ordinance does not often bring inspectors into a home unless there is a complaint or some other reason for entering the premises. Councilmember Lasman suggested the commission is really addressing two separate issues. One is a code enforcement issue and one is more of a housing maintenance problem. She noted each issue is credible, but the ordinances address different facets of housing maintenance. The commission brought up the issue of purchases without realtors involved, including family transfers etc d h ., an ow these would be addressed under the ordinance. Mr. Bill Gerst brought up the issue of fees, noting Bloomington allows the City to inspect homes along with private inspectors and that it is the choice of the homeowner to select one or the other. Initially, he pointed out, the ordinance fee was $90 for City inspectors and the private inspectors complained they could not do the inspection for $90. He noted that, generally, the private inspection fees range from $110 to $125 -135. He also pointed out that buyer inspections, or those initiated by a potential buyer, range from $250 -300, and that they are a more thorough inspection, lasting in some cases as long as three to four hours. Chairperson Torres wanted to survey users of the program, meaning the clients of the housing inspectors, to make sure they are operating properly and treating the homeowners in a polite manner. He expressed a concern about how inspectors operate with homeowners and how they treat the homeowners. He wanted to address the issue of evaluator behavior in a survey of clients and relate this to item c on page 3 of the ordinance, which addresses the revocation hearing. Commissioner Yelich brought up the issue of HUD homes and how they would be handled under the ordinance. Commissioner Torres inquired whether or not the evaluator licenses would go to the City Council for approval and what is the licensing procedure. On page 6, paragraph d, item 2, the commission wanted to elaborate on the term "reasonable completion dates ", and what is reasonable. The commission noted that on the South St. Paul ordinance, most common hazardous items include permanent appliances. They inquired as to whether or not a window air conditioning unit would be classified as a permanent appliance. Commissioners wanted to elaborate on the definition of hardship and to define it further. The staff liaison indicated he would follow up with South St. Paul as to what their experience has been with the hardship clause in the ordinance and escrowing for repairs to be done by the buyer. 1 -21 -97 -4- This concluded the Housing Commission's review and discussion of the draft Time of Sale ordinance. OTHER BUSINESS Commissioner Deuel stated he would like to hear a report from the City on the code enforcement inspection program and also what the program has in store for the future. The Community Development Specialist noted this could be addressed at a future meeting. g ADJOURNMENT There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:00 P.M. Chairperson 1 -21 -97 -5- Memorandum To: Chairperson Robert Torres and Housing Commission Members From: Tom Bublitz, Community Development Specialist Date: February 13, 1997 Re: Housing Commission Review of Time of Sale Ordinance at January 21, 1997 Housing Commission Meeting The following is a summary of the Housing Commission's review of the draft Time of Sale ordinance reviewed at the Housing Commission's January 21, 1997, meeting. The information in this memorandum is also contained in the January 21, 1997, minutes and is offered here to facilitate the commission's continued review of the ordinance. • Commissioner Erickson suggested a change in the "immediate hazard" definition, which would revise the definition to read "a condition or defect which is likely to cause injury to a person or property or affect the health of, a person or persons or if not corrected • Under definition of "sale ", does dwelling include townhouses and condominiums? • On page 5 of the draft ordinance, item number four under correction of immediate hazards should be revised to add "or the lack of water supply" as opposed to "or the lack of water." • Under item number 7 on page 5 under correction of immediate hazards, the commission requested and expanded explanation of "abandoned storage tank" so as not to confuse this with abandoned wells. • On page number 6, item c, commissioner Erickson suggested item c should be changed to read "when correcting identified hazards, the owner shall obtain all necessary permits from the City and secure reinspection of the premises by City personnel." With regard to this item, Commissioner Erickson's concern was that the evaluation should note which items to be corrected require a permit, and these items would be reinspected by City personnel. • Commissioner Deuel suggested that the City should inform residents in advance as to what repair items are required to be repaired under the hazardous items provision of the ordinance. • Chairperson Torres inquired whether the City could require carbon monoxide detectors. Commissioner Erickson expressed a concern with the current standard of carbon monoxide monitors and the inconsistency of quality. It was decided that the staff liaison should find out what the State Building Code says with regard to requiring CO monitors. • Commissioner Yelich inquired whether or not the reference to filing fees (page 4, paragraph d) in the ordinance would cover the City expenses for the program. Memorandum to Robert Torres and Housing Commission Members February 10, 1997 Page 2 • The commission brought up the issue of purchases without realtors involved, including family transfers, etc., and how these would be addressed under the ordinance. • Chairperson Torres wanted to survey users of the program, meaning the clients of the housing inspectors, to make sure they are operating properly and treating the homeowners in a olite manner. He expressed a concern about how inspectors operate with homeowners p p p p and how they treat the homeowners. He wanted to address the issue of evaluator behavior in a survey of clients and relate this to item c on page 3 of the ordinance, which addresses the revocation hearing. • Commissioner Yelich brought up the issue of HUD homes and how they would be handled under the ordinance. • Commissioner Torres inquired whether or not the evaluator licenses would go to the City Council for approval and what is the licensing procedure. • The commissioners inquired as to the exact definition of "mandamus." • On page 6, paragraph d, item 2, the commission wanted to elaborate on the term "reasonable completion dates ", and what is reasonable. • The commission noted that on the South St. Paul ordinance, most common hazardous items include permanent appliances. They inquired as to whether or not a window air conditioning unit would be classified as a permanent appliance. • Commissioners wanted to elaborate on the definition of hardship and to define it further. The staff liaison indicated he would follow up with South St. Paul as to what their experience has been with the hardship clause in the ordinance and escrowing for repairs to be done by the buyer. The comments and suggested ordinance amendments contained in this memorandum have not been incorporated into the attached draft Time of Sale ordinance. • Ordinance No. DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, at — p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider ... Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: • Section 1 .... That Section 12 of the City Ordinances be amended to include: PURPOSE The purpose of this Section is to enhance the supply of safe, sanitary and adequate housing for citizens of the city of Brooklyn Center and to prevent the deterioration of existing housing DEFINITIONS The following words and terms when used in this Section shall have the following meanings, unless the context clearly indicates otherwise: "Dwelling" - one or more rooms arranged for residential use and physically separated from any other rooms or dwelling units which may be in the same structure. Types of dwelling are as follows: 1. "Dwelling, single - family" - a residential building containing one dwelling unit including detached, semi - detached and attached dwellings. 2. "Mobile home" - (includes "Manufactured" Homes). A single family detached dwelling unit designed for year -round occupancy, constructed at a factory or assembly plant and drawn to the site on attached under carriage and wheels. "Mobile Home" shall not include "Recreation Vehicle" as herein defined, nor shall it include modular or • Time of Sale Inspection Page 1 DRAFT • Ordinance No. prefabricated dwelling units which meet or exceed the requirements of the Uniform Building Code. "Evaluation report" - a written report prepared and signed b a person licensed P P P g Y in P m a community recognized by the City of Brooklyn Center truth -in -sale of housing evaluator on a form in compliance with Section of this Code. "Hardship" - inability of seller to make required repairs, including but not limited to economic circumstances, illness, death, weather or acts of God. "Immediate hazard" - a condition or defect which is likely to cause injury to a person or property if not corrected. "Issuing Authority" - the City Manager or his /her designated representative. Owners Agent" - a person rson who acts for or has the power or authority P P to act for the owner of a dwelling. "Sale " - the transfer of title or possession of a dwelling whether or not absolute • title is transferred. "Vacant" - a dwelling which is not occupied. INSPECTION AND EVALUATION REPORT REQUIRED a. Except as set forth in Section of this Code, no single family or mobile home located within the City may be voluntarily conveyed for consideration by deed or contact for deed until the owner or owner's agent has first applied for and secured an evaluation prepared by an evaluator licensed under Section of this Code. A separate evaluation report shall be prepared for each dwelling or structure. b. A valid evaluation report issued for the dwelling in question shall be provided to the buyer prior to the execution of a purchase agreement. The buyer shall be supplied a copy of the written report and shall sign a copy acknowledging receipt of that report. The buyer shall not occupy the structure prior to issuance of the evaluation report. C. If the structure is in compliance with requirements of Section of this Code, the evaluation report shall state that the structure has been inspected and ® Time of Sale Inspection Page 2 DRAFT • Ordinance No. is in conformance. An evaluation report is valid for one year from the date of its issuance. The report is valid only for the owner listed on the report. d. No person shall offer for sale by exhibiting or showing a dwelling within the city without having first obtained an inspection and evaluation report as described in this Section. The evaluation report shall be conspicuously displayed for inspection at the premises at all times that such dwelling is being offered for sale. EXCEPTIONS The provisions of Section do not apply P PP Y to: a. Any newly constructed dwelling when title is transferred to the first owner. b. The sale or other transfer of title of any dwelling to a public body. c. The sale or transfer of title of any dwelling for the purpose of demolition. d. The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not • apply to the sale 1 of a dwelling b a person appointed b a ate 'court. PP Y g Y P PP Y rob P VA A OR E LU T LICENSE REQUIRED a. Application. The city must accept applicant's request for certification of competency. The city will only certify evaluators that have passed certification of competency tests in the city of Minneapolis, St. Paul or Bloomington. The applicants must submit to the city certification papers from one of the recognized licensing cities. The city will issue a license upon verification of above described information and upon the payment of the fees hereinafter provided. b. Renewals. The city will issue renewals of certificates from year to year as hereinafter provided, upon payment of the required fees. If a certificate of competency lapses for a period of one year or more, the person who held the certificate must reapply for its renewal. C. Revocation hearing. The city may revoke the license of an evaluator for cause after 14 days written notification, addressed postage prepaid to the mailing address used in the application for the certificate of competency, of the date, time and place of hearing and of the specific reasons for the suspension, a Time of Sale Inspection Page 3 DRAFT Ordinance No. hearing held thereon, and may suspend the certificate of competency of a evaluator pending such hearing. The hearing must take place within a reasonable time after the action to suspend or revoke. An evaluator aggrieved by a decision of the city may appeal the decision to the council within ten days of the evaluator's receipt of the notice of action to suspend or revoke, by submitting to the council a written notice of appeal. The appeal will be heard by the council based upon the record of the city and upon any written submission made by the aggrieved evaluator. d. Application for certificates - fees. A erson desiring a certificate of P g competency must file with the city an application and pay the non- refundable fee fixed by Appendix . The application must contain information relative to name, address, place of employment, time and place of schools attended and studies completed, together with a chronological record of candidates employment, with complete information relative to duties and type of work performed and certifications effective in other cities enforcing like ordinances. The application is available to any person upon request, and if copies thereof are requested upon the payment of a reasonable fee therefor. FORMS The city shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under this Section. The form shall provide information concerning Code requirements, major structural defects and immediate hazards to health, safety and property. DUTIES OF EVALUATORS a. Each evaluator shall comply with the following: 1. Maintain a current license with one of the recognized cities. 2. Conduct all valuations within the program's guidelines. 3. Meet required continuing education requirements established by the Issuing Authority. b. Each evaluator shall comply with the following procedure for preparing and filing reports: 1. The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the city. The report shall indicate whether the condition of the dwelling meets city requirements, is below city requirements or is deemed to be hazardous at the time and date of the evaluation. • Time of Sale Inspection Page 4 DRAFT • Ordinance No. 2. The evaluator shall submit the original evaluation report to the seller. A duplicate shall be filed with the Issuing Authority within ten (10) calendar days after the evaluation has been made. 3. A filing fee as determined in Appendix -B of this Code shall be required with each evaluation report filed with the Issuing Authority. CORRECTION OF IMMEDIATE HAZARDS a. The following items, when discovered by the evaluator, shall be identified as immediate hazards in the evaluation report: 1. Heating systems that are unsafe due to burned out or rusted heat exchangers, burned out, rusted or plugged flues, no vent, connection with unsafe gas supplies or incapacity to adequately heat the living space. 2. Water heaters that are unsafe due to burned out or rusted heat exchangers, burned out, rusted or plugged flues, no vent, connection with unsafe gas supplies or lack of temperature and pressure relief valves. 3. Electrical systems that are unsafe due to dangerous overloading, damaged or deteriorated equipment, improperly taped or spliced • wiring, exposed uninsulated wires, temporary distribution systems, or ungrounded systems. 4. Plumbing systems that are unsanitary due to leaking waster systems, fixtures or traps, lack of an operating toilet, lack of washing and bathing facilities, cross connection of municipal water supply with fixtures or sewage lines, or the lack of water. 5. Structural systems including walls, chimneys, ceilings, roofs, foundations, floor systems or decks which are not capable of carrying imposed loads. 6. Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard. 7. Abandoned storage tanks. 8. Refuse, garbage, human waster, decaying vermin or other dead animals, animal waste, vermin infestation or other materials rendering residential buildings and structures unsanitary for human occupancy. 9. Lack of operational smoke detectors located in accordance with the applicable provisions of the Uniform Building Code. b. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an • Time of Sale Inspection Page 5 • Ordinance No. D RAFomma immediate hazard exists, corrective action shall be taken by the owner or agent of the owner within (Time frame) c. When correcting identified hazards, the owner shall obtain all necessary permits from the city and the premises shall be subject to city inspection prior to occupancy of the dwelling. d. If due to hardship the owner cannot undertake corrective action, the buyer may elect to correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must execute the following: 1. a signed agreement from the buyer accepting responsibility for correction of the hazardous items; 2. reasonable completion dates; 3. evidence of financial ability to perform the corrections; e. If the owner is a government agency or if an agreement exists between the owner and buyer that the buyer will correct immediate hazards as part of • a remodeling project, the buyer may correct immediate hazards identified in the valuator's report. A buyer intending b r to correct immediate hazards P Y must have 1. a signed agreement from the buyer accepting responsibility for correction of the hazardous items; 2. reasonable completion dates; 3. evidence of financial ability to perform the corrections; FAILURE TO COMPLY a. The failure of any owner, agent of an owner or buyer to comply with the provisions of this Section s S ion or to comply with an order issued b the city P Y P Y pursuant to this Code, shall be a misdemeanor. b. The failure of any evaluator to comply with the licensing provisions of Section shall be a misdemeanor. c. The city may also enforce provisions of this Section by mandamus, injunction, or other appropriate remedy in a court of competent jurisdiction. WARRANTY LIMITATIONS • Time of Sale Inspection Page 6 DRAFT . Ordinance No. a. Nothing in the evaluation report shall indicate or shall be deemed to indicate that a dwelling meets all minimum maintenance, housing and building standards. b. Evaluations conducted pursuant to this Section are made in order to improve the overall housing stock in the city and are not meant to be a warranty or guarantee of the dwelling evaluated. The report issued by the valuator is not a representation to any individual buyer, seller or renter regarding the condition of the building nor is the report intended for the special benefit of any individual PA PEAL A person aggrieved by a decision, notification or order under this ordinance may appeal such decision, notification or order to the council which may reverse, modify or affirm the same after a hearing upon notice to the appellant. The appeal must be (i) in writing, (ii) specify the decision, notification or order appealed form, (iii) specify with particularly the basis and grounds of the appeal, and (iv) filed with the clerk on or before 20 days following the date of the decision, notification or order. EFFECTIVE DATE This Section shall be effective for dwellings conveyed on or after Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication • Time of Sale Inspection Page 7 Ordinance No. DRAFT • Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • Time of Sale Inspection Page 8