HomeMy WebLinkAboutAgenda Report - July 17, 1991 (143)OF
CITY OF LODI
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COUNCIL COMMUNICATION
AGENDA TITLE: CONSIDER RESIDENT MANAGER/PROPERTY MAINTENANCE ORDINANCE
FORMATS
MEETING DATE: JULY 17, 1991
PREPARED BY: CITY ATTORNEY
RECOMMENDED ACTION: Council consideration and direction re Resident
Manager/Property Maintenance Ordinance Formats.
BACKGROUND INFORMATION: Last month, a question was raised during a
City Council meeting as to possible approaches
to deal with the deterioration of some housing
in the City and the associated problems such as
crime, drugs, etc. Although the discussion primarily involved multiple
family housing on the east side, the problems are also found elsewhere in
the City and any attempt to address the situation should probably be done
on a City-wide basis. The specific point discussed was the possibility ,of
requiring resident managers for apartment buildings containing more than
(for example) eight units.
I was unable to locate any other municipal ordinance requiring a resident
manager for apartment buildings. Research also failed to locate any case
law on point. However, I believe it may be possible to do so, although
the cost to property owners may be substantial.
I have received calls from concerned parties who were of the position that
it would not be financially practical to require a resident manager for
smaller apartment buildings. A less costly alternative might be to simply
require that apartment buildings or other multiple family dwellings be
registered with the City and that the City be provided with a name,
address and phone number of a locally -available responsible party who
could respond in emergencies. This would not necessarily require a
resident manager. It would also address concerns expressed by
Water/Wastewater Superintendent Fran Forkas (see Attachment A) concerning
persons to contact in situations such as broken water mains, overflowing
sewers, etc.
As the Council will recall, the City is required under the new General
Plan to adopt a "property maintenance" ordinance. Since we are obligated
to do so, it may be desirable at this time to also deal with the resident
manager issue as part of this property maintenance ordinance.
APPROVED: _
THOMAS A. PETERSON
l
City Manager
cot
Consider Res i dent K_ ,ager/
Property Maintenance Ordinance Formats
July 17, 1991
Page Two
After consultation with the League of California Cities and Valley City
Attorneys Association, several ordinances from other cities were
examined. A comparison of these may be helpful.
For example, the City of Azusa a few years ago adopted a comprehensive
three-part ordinance to deal with property maintenance and related
problems. This ordinance has components which appear fairly typical of
those used elsewhere.
Azusa's plan includes:
1. A "real property records" component. This chapter requires that
upon resale of residential property, the seller must give the
buyer a disclosure report containing certain information on
zoning, variances, restrictions, etc. imposed on that property
by the City. The file also serves as an information source for
abatement of nuisances and code enforcement by the City.
2. A "residential rental inspection" provision. This component
requires registration of rental units with the City, and an
inspection program for all rental housing except owner -occupied
homes and mobile homes. Under this chapter, the property is
inspected every year or when the property i s vacated and
re -rented to someone else. The inspection is triggered by an
application for municipal utility services and is funded by an
inspection fee collected from property owners or tenants.
3. The final component is entitled "Abatement of Real Property
Nuisances" and allows city abatement of property which is
unsafe, a health hazard, or otherwise in a deteriorated state.
The City of Hayward also has a similar program for nuisance abatements,
allowing the City to force cleanup of property based on such things as
accumulations of dirt, debris, boxes, broken or discarded furniture, junk,
lumber, dead or overgrown vegetation, etc.
The City of Davis requires periodic inspection of housing and a
certificate of occupancy or report of deficiencies upon sale or transfer
of ownership. This ordinance does not, however, require registration of
rental units or inspection every time tenants change.
All the ordinances I examined had provisions for "due process" hearings or
appeals, usually through the city council or planning commission.
Another approach has been used by the City of Stockton. I t relies on
Health and Safety Code Section 11570, et seq. (Attachment B) to abate
property where drugs are sold. The program is run primarily by the Police
Department in conjunction with the City Attorney's office. It does
require substantial staff time, but could be effective as a last resort
for particularly bad situations.
Consider Resident K_..ager/
Property Maintenance Ordinance Formats
July 17, 1991
Page Three
SUMMARY
I t appears possible to require a resident manager or the designation of
some responsible local party for multiple family housing, although me have
no model to work from in drafting such an ordinance. I f experience
elsewhere i s an indication, any ordinance requiring such a resident
manager or a stringent abatement program will be the topic of a great deal
of public comment and debate.
Ordinances in place elsewhere seem to commonly utilize one or more of the
following components:
1. Registration of rental units;
2. Periodic inspection of housing, triggered by a sale, a change in
occupancy, or complaint;
3. "Nuisance" ordinances to abate weeds, trash, or dilapidated
housing as a method of promoting property maintenance.
State law addressing nuisances in general or properties where drugs are
sold may also be useful. These statutes also have the advantage of
allowing an award of court costs.
The effectiveness of any such program should be balanced against the
effort required. I believe cities such as Hayward and Azusa fund
full-time employees whose exclusive duties are to administer these
programs. Hayward's program was funded with $200,000 in Community
Development Block Grant money, as I understand it.
An ordinance requiring only that each apartment building have a resident
manager and/or that designates certain conditions as "nuisances" would be
fairly simple to administer on a complaint -response basis. However, to
set up a rental registry and "inspection upon transfer" program in Lodi
would probably require a substantial dedication of resources. Community
Development Director James Schroeder has indicated he would need
additional staff if this is to be done. Information he received indicated
there are about 60 escrow closings per month in todi which would require
inspections under one possible scenario.
Actual abatement of buildings under nuisance or drug laws would also be a
time -intensive task from the standpoint of both the Police Department and
the City Attorney's office, since this would require a lawsuit be filed
for each. I spoke with the Stockton Deputy City Attorney handling
abatements who estimated that his preparation time alone (not including
actual trial) was 15 hours per project.
The Council may wish to set this matter for a shirtsleeve session and give
some initial guidance as to the types of draft ordinance it would like to
see brought back. Because of the numerous options available, no attempt
was nude to draft an ordinance for consideration at this time.
Consider Resident 1 --Ager/
Property Maintenance Ordinance Formats
July Z?, 1991
Page Four
FUNDING: Unknown at this time.
APTS/TXTA.OIV
Bob.McNatt
City Attorney
ATTACHMENT A
MEMORANDUM, Ci-, of Lodi, Public Works Department
JUN 17 1991
TO: Sob McNatt, City Attorney C'ik,Y Attorney's Office
FROM: Water/Wastewater Supervisor'
DATE= June 14, 1991
SUBJECT: Drafting of Ordinance Requiring Resident Manager
of Apartment Building with Eight Units or Greater
Per our phone conversation the following items should be
considered the responsibility of a "Resident Manager" in the
draft Ordinance you've been requested to develop. These are
frequent problems that occur at apartment complexes.
o Overflowing domestic sewers which create health
risks to tenants and usually spill into the storm
system.
o Wasting of water (i.e., malfunctioning
controllers, broken sprinkler heads, etc.).
o No or little fire hydrant maintenance (i.e., caps,
chains, painting, pasts, etc.).
o Little or no on site storm system maintenance or
supervision (i.e., allowing dirt and debris to be
deposited, crankcase oil, etc,).
o Often no individual or insufficient garbage
receptacles.
O Tenant vehicle blocking or partially blocking
alleys.
If you wish to discuss these points please contact me at
extension 680.
F n E. Forkas
ater/Wastewater Superintendent
FEF/ts
cc: Public Works Director
Street Superintendent
Assistant Water/Wastewater Superintendent
0691WR.04
Y
ARTICLE 3. ABATEMENT ATTACKMENT B
Section
11671.6. City attorneys or city prosecutors; actions to abate nuisances.
LlK3.5. Pror acts or threats of violence; protection of witnesses; closure of premises, tenant
assistance
11636.5. Evidence of nuisance
Cross Rdemees
Costs and attorney tees for prevailing party in injunction
action under this article, we Civil Code 4 3496.
11570. Nuisance
Every building or place used for the purpose of unlawfully selling, serving, storing, beeping,
manufacturing, or giving away aM controlled substance. precursor, or analog specified in this
filfi '%%€' +Wy" ;'par4�i % f �rekflcPKfb Rl1 � 'fi �s e %Ci8,f e
public or private nuisance.
(Amended by Stats -1986, c. 590, § 1; Stats.1986, o. 1043, § 1.5.)
Additions or changes indicated by undert1no detetkms by asterisks ' •
182