City Council

Agenda Request

Agenda Of:

05/20/2008

Agenda Request No:

VIII-C

Initiated By:

Mike Goodrum,

Community & Environmental Director

Responsible Department:

Community & Environmental Services

Presented By:

Mike Goodrum,

Community & Environmental Director

Department Head:

Mike Goodrum,

Community & Environmental Director

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

First Reading of Ordinance # 1687 Revising the Residential Rental Property License Ordinance

Exhibits:

1)  Task Force Recommendation

2)  Ordinance # 1687

Clearances

Approval

Legal:

Meredith Wilganowski,

Assistant City Attorney

Executive Director:

Jim callaway
community development

Purchasing:

n/a

Asst. City Manager:

n/a

Budget:

n/a

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

N/A

Current Budget:  $

N/A

Additional Funding:  $

N/A

Recommended Action

Approve First Reading of Ordinance # 1687.

Executive Summary

In March 2008, at the request of the City Council, the City Manager appointed a City Manager’s Task Force to provide citizen input on the implementation of the Residential Rental Property License Ordinance. Task Force membership consisted of 11 members of the community with interests in the ordinance: 5 members representing home owners and HOA’s, 5 members representing Landlords and rental property managers, and 1 member from the City’s Building Standards Commission.    Specifically, the Task Force was asked to review each section of the ordinance, assess how that section was being implemented by staff, and recommend changes to the ordinance or implementation if appropriate.  The Task Force worked diligently throughout the month of April and fulfilled its mandate by presenting its recommendation to the City Manager on April 30th, 2008. Staff reviewed the recommendation with City Council on May 6, 2008.   As expressed at the council meeting, staff believes that full implementation of all recommendations will increase the clarity and effectiveness of both the ordinance and the program.  Staff would like to thank the Task Force members who dedicated so much time and energy to improving the Residential Rental Property License Ordinance.  They are:  Al Abramczyk, Don Adams, Joan Berger, Michael Casey, E.G. (Bud) Friedman, Hillary Goldstein, Sherrie Knoepfel, Gregory LaCavera, Allan McDonald, Ralph Troiano and Marla VanOverbeke.

 

Ordinance # 1687 revises the Residential Rental Property License Ordinance in accordance with the Task Force Recommendation.  Approval of this revision improves the clarity and effectiveness of the rental ordinance while not diluting the original intent.  Rental property owners benefit from more practical timeframes for repairs and appeals and also will be notified by the City if a tenant requests an inspection.  The community benefits by ensuring rental properties are maintained to the same level as owner occupied homes.  Approval of Ordinance # 1687 will help ensure Sugar Land remains a premier community to live in for years to come. 

 

 

Exhibits

 

 

Exhibit 1

 

Logo without Logo Line

City of Sugar Land

City Manager Task Force on Rental Licensing

 

Task Force Report

 

Background & Scope

The City Manager’s Task Force on Rental Licensing was created in order to facilitate citizen input on the implementation of the Rental Licensing Ordinance and the Rental Licensing Program.  Specifically, the Task Force was asked to review each section of the ordinance, assess how that section is being implemented by staff, and recommend changes to the ordinance or implementation if appropriate.  The group began work in April of 2008 and fulfils its mandate with the submission of this Report & Recommendation.

 

Task Force Recommendations

 

            After extensive discussion and analysis, the Task Force offers this list of recommendations and suggests that they be implemented as appropriate. The recommendations are divided into two groups, one pertaining to the Rental Licensing Ordinance and one pertaining to Implementation.

 

Concerning the Ordinance, the Task Force recommends the following changes:

  1. Sec. 4-120, “Definitions”: Recommend removing the phrase "commonly referred to as a townhouse" from the end of definition of "Single Family Dwelling".  The term townhouse is sometimes used to reference dwelling units not covered under this ordinance.  Removing this phrase will improve the clarity of the definition.
  2. Sec. 4-122(c), “License Required”: Recommend that the word "obtained" be replaced with the term "applied for".  This section requires a landlord to obtain a license within 30 days of a change in ownership of a property.  The property owner does not control the issuing of a Rental License, and cannot therefore guarantee that one can be obtained within thirty days.  The owner should only be held responsible for activities under his/her control.  Requiring the owner to submit a license application is a reasonable requirement that they can be expected to carry out.
  3. Sec. 4-123, “Denial of License”:  Recommend that this section be amended to provide that the City can only deny a license if a property is found to have life safety or critical violations, as defined in this ordinance.  Compliance with other codes (i.e. property maintenance standards) should be pursued through the procedures established by those codes.
  4. Sec. 4-123, “Denial of License”:  Recommend that the amount of time allowed for the appeal of a license denial be increased from 5 to 15 business days.  The Task Force believes that 5 days may not be sufficient time to gather the evidence necessary to file a proper appeal, especially for out of state or out of country owners.
  5. Sec. 4-124, “Revocation of License”:  Recommend that this section be amended to provide that the City can only revoke a license if a property is found to have life safety or critical violations, as defined in this ordinance.  Compliance with other codes (i.e. property maintenance standards) should be pursued through the procedures established by those codes.
  6. Sec. 4-124, “Revocation of License”:  Recommend that the amount of time allowed for the appeal of a license revocation be increased from 5 to 15 business days.  The Task Force believes that 5 days may not be sufficient time to gather the evidence necessary to file a proper appeal, especially for out of state or out of country owners.
  7. Sec. 4-126, “Posting of License”: Recommend that this section be repealed.  The City has all of the rental licensing records readily available to its staff.  The City does not need and would not use an on premises license to identify a property as a rental unit or determine the validity of a license.  A tenant wishing to know the license status of a property can easily obtained the information, free of charge, by contacting City staff.  Furthermore, a landlord should not be held liable for maintaining the license document on premises substantially under the control of their tenants. 
  8. Sec. 4-127(b), “Inspections”: Recommend that the landlord be notified if the tenant request an inspection, and be given the opportunity to be present during the inspection.
  9. Sec. 4-127(b), “Inspections”: Recommend that the section be clarified to make clear that each individual circumstance described constitutes grounds for an internal inspection in and of itself.
  10. Sec. 4-127(c), “Inspections”: Recommend that this section be amended to clarify that it merely promulgates the procedures for conducting an inspection under Sec. 4-127(b), and does not authorize any additional inspections in and of itself. 
  11. Sec. 4-128(a)(1), “Repairs”: Recommend that this section be amended to require that all life safety violations be safely isolated from occupants immediately and repaired within a reasonable amount of time.  This section currently requires that life safety violations be corrected within 24 hours.  This timeframe may not be realistic, especially on weekends or during holidays.
  12. Sec. 4-128(a)(2), “Repairs”: Recommend that this section be amended to require that all critical violations be safely isolated from occupants within 72 hours and repaired within a reasonable amount of time.  This section currently requires that critical violations be corrected within 72 hours.  This timeframe may not be realistic, especially on weekends or during holidays. 

 

Concerning the Implementation of the Program, the Task Force recommends the following changes:

  1. Application Form: Recommend that the application form should require an address for legal service from individual applicants as well as from corporations. (i.e. no P.O. boxes)
  2. Application Form: Recommend that the application form should require emergency contact information for all properties to facilitate remediation of life safety or critical violations, in the event that the owner cannot be contacted in a timely manner.  While this information would be useful for all properties, it would be especially useful for out of state or out of country property owners.
  3. Application Form:  Recommend that the declaratory statements preceding the signature be eliminated. (i.e., statements to the effect that the landlord agrees to comply with the ordinance) These statements duplicate requirements already established by the ordinance and state law, are not required by either, are immaterial to the administration of the program, and are therefore unnecessary.

 

Conclusion

The Task Force believes that implementing the forgoing recommendations will improve the clarity, efficiency, and effectiveness of the ordinance and the program, while at the same time maintaining the original intent of the City Council at the time the ordinance was adopted. 

 

 

 

ORDINANCE NO. 1687

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING ARTICLE VIII (RESIDENTIAL RENTAL PROPERTY LICENSE) OF CHAPTER 4 (LICENSES, PERMITS, AND BUSINESS REGULATIONS) OF THE CODE OF ORDINANCES.        

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That the definition of Single-family dwelling in section 4-120 of Chapter 4 of the Code of Ordinances is amended to read as follows:

 

Single-family dwelling means (1) a building that contains only one dwelling unit and has open space on all sides of the building, or (2) a building that contains dwelling units located on separately platted lots that are joined to other dwelling units on one or both sides by a common wall that separates the individual dwelling units. 

 

Section 2. That section 4-122(c) of Chapter 4 of the Code of Ordinances is amended to read as follows:

 

(c)        An application for a new license must be submitted to the City within 30 days of any change in ownership of a single-family dwelling unit.

 

Section 3. That section 4-123 of Chapter 4 of the Code of Ordinances is amended to read as follows:

 

Sec. 4-123. Denial of License.  The City may deny a license for life safety or critical violations. If the City refuses to issue a license, the City will give written notice of the denial to the applicant as soon as reasonably possible, but not more than five business days after the decision is made to deny the license.  The written notice will include:

 

      (a)        A clear statement of the reason for the City’s denial; and

 

(b)        A statement that the applicant may appeal the denial of the license to the City’s building standards commission by filing a written notice of appeal with the City within 15 business days of the effective date of the denial.        

           

            Section 4. That section 4-124 of Chapter 4 of the Code of Ordinances is amended to read as follows:

 

Sec. 4-124. Revocation of License.  The City may revoke a license for life safety or critical violations.  To revoke a license the City will send written notice of the City’s intent to revoke the license not less than 30 business days prior to the date of revocation.  The notice will include:

 

 

            (a)        A clear statement of the reason the City intends to revoke the license;

 

(b)        The date the revocation will become effective, which will be not less than 30 business days from the date written; and

(c)        A statement that the license holder may file a written appeal of the proposed revocation to the City’s building standards commission within 15 business days of the date of the notice.

Section 5.  That section 4-126 of Chapter 4 of the Code of Ordinances is deleted.

            Section 6. That section 4-127 of Chapter 4 of the Code of Ordinances is renumbered as section 4-126 and is amended to read as follows:

Sec. 4-126.  Inspections.

(a)        Upon application or renewal of a license, the City will inspect the exterior of the single-family dwelling unit to determine and ensure that the dwelling unit is not a public nuisance or substandard and that the unit meets all zoning, health and safety requirements of the Code. 

(b)        Interior Inspection and Right of Entry.

(1)        The City may inspect the interior of a single-family dwelling unit to ensure that the dwelling unit does not have any critical or life safety violations if:

a.         There is a change in occupancy;

b.         An inspector notes an exterior code violation that indicates a potential critical or life safety violation; or

c.         An inspection is requested by the tenant. The City will contact the license holder and allow them to be present during the inspection.

(2)        An inspector may enter into a single-family dwelling unit for an interior inspection at a reasonable time when the officer:   

a.         Obtains the consent of an adult lawfully occupying the dwelling unit;  

b.         Obtains the consent of the license holder for an unoccupied dwelling unit; or  

c.         Obtains a warrant from a court to inspect the dwelling unit. 

Section 7. That section 4-128 of Chapter 4 of the Code of Ordinances is renumbered as section 4-127 and is amended to read as follows:

Sec. 4-127.  Repairs. 

(a)        Violations noted during an inspection must be completed as follows:

(1)        License holders must take steps to safely isolate tenants from the dangers of life safety violations immediately and must make repairs within a reasonable period of time.  Life safety violations must remain isolated from tenants until all repairs are complete.

(2)        License holders must take steps to safely isolate tenants from the dangers of critical violations within 72 hours of notice and must make repairs within a reasonable period of time.

 

            Section 8.  That the provisions of this ordinance are severable and the invalidity of any part of this ordinance will not affect the validity of the remainder of the ordinance. Notice of the enactment of this ordinance will be given by publishing the ordinance or its descriptive caption and penalty in the city's official newspaper one time within thirty days of passage. 

 

            Section 9.  That any person found guilty of violating this ordinance may be fined not more than $500.00 for each offense. Each day a violation continues constitutes a new offense. 

 

 

            APPROVED on first consideration on _________________________, 2008.

 

            ADOPTED upon second consideration on ______________________, 2008.

 

 

                                                                        __________________________

                                                                         David G. Wallace, Mayor

 

 

ATTEST:                                                                     Reviewed for Legal Compliance:

 

 

 

____________________________

Glenda Gundermann, City Secretary