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12/04/1997 - Minutes COMMUNITY HOUSING TASK FORCE MEETING Minutes of Thursday, December 4, 1997 Tigard City Hall MEMBERS PRESENT: Sharon Fleming-Barret, Sheila Greenlaw-Fink, Kathy Mattison (for Emily Cedarleaf), Sally Parks, Councilor Ken Scheckla, Dedi Streich and Susan Wilson. MEMBERS ABSENT: Cecilia Maciel and Andy Miller. ALSO PRESENT: David Scott, Building Official, City of Tigard. The meeting was convened at approximately 1:15 p.m. 1. SELF INTRODUCTIONS: All present introduced themselves. 11. APPROVAL OF NOVEMBER 6, 1997, MEETING MINUTES The minutes were approved. III. WORK SESSION: A. How should the code be enforced? The Task Force continued its discussion of this issue. The Task Force questioned staff and Councilor Scheckla regarding the Council's general goal for this program. It was indicated that the Council's goal is to mitigate health and safety problems that exist in housing, especially in those properties where sub-standard conditions are obvious. Further, Council's goal is to prevent similar conditions from occurring at properties which are not currently sub-standard. It was the consensus of the Task Force that this goal did not seem to indicate any proactive inspections, but that inspections be performed when problems arise or are identified. The Task Force reached consensus that the program should at least be driven by complaints and referrals, including self-referral from City staff and referrals from other agencies. There was some interest in trying to identify properties which should be subject to automatic inspections, however, no consensus was reached on criteria or the need for this level of proactivity. Concern was expressed that proactive inspections are unnecessarily invasive to those properties which do not have problems. It was suggested that the program begin as reactive, and if the need to expand the scope presents, that the issue could be addressed at that time. Community Housing Task Force Meeting Minutes of December 4, 1997 Page 2 Flemming-Barret expressed several concerns regarding the enforcement of a housing code. She explained that problems for landlords occur even with a reactionary inspection program. She cited experience with Portland's program and policies to identify areas of concern. Areas of concern include: who can complain, are all complaints treated the same, are landlords notified of complaints so that eviction issues are considered by inspection staff, how are issues caused by tenants dealt with (is the landlord always held responsible?), when reinspection reveals additional violations are they considered new or "tacked on" to the existing violations, when an inspector is responding to a complaint on a specific item is the unit or building opened up to full inspection or is the inspection limited to the item called in, etc. Additionally, the penalty provisions and policies of Portland's program were criticized because it is difficult to get a property "closed" when each reinspection reveals a minor violation causing the file to remain "open" and therefore subject to the monthly penalty fee. This was noted as especially frustrating when the issues are tenant caused. Tenants using the inspection process as leverage in eviction proceedings was also cited as a frustration. Other members of the task force representing the property owner constituency echoed these concerns. All members of the Task Force acknowledged these concerns. It was discussed that Tigard could learn from these issues in crafting policies. Councilor Scheckla and staff indicated it was the City's goal to have a reasonable inspection program that did not unduly burden landlords while effecting compliance. It was noted by staff that these issues of policy and implementation would be dealt with when the task force considered its final question: "What Implementation and program policies should be adopted?" The discussion of penalties was reserved for the program funding topic. At the conclusion of this discussion, the consensus of the Task Force was that the program should be complaint and referral driven only. B. What resources need to be applied? Staff presented "Program Option A," (attached) which shows staffing requirements and resources necessary for a complaint and referral program. The Task Force accepted this option, which indicates that 1 inspector and accompanying materials and supplies would be necessary. C. What is the cost of this Housing Program? The attached "Program Option A," presents cost implications. First year costs are estimated at $81,500. Costs thereafter are estimated at $59,500. First year costs ,include purchase of a vehicle and other one-time expenses such as a work-station, etc. Leasing a vehicle would reduce the initial costs, but would increase the on- going costs. The Task Force accepted these cost estimates. Community Housing Task Force Meeting Minutes of December 4, 1997 Page 3 D. How should the Housing Program be funded? The Task Force continued its discussion of the funding issue. The "open" file penalty concept utilized in Portland was discussed extensively. As previously noted, this funding mechanism causes much frustration for landlords. It was noted that if Tigard is to move toward this mechanism that policies to ensure reasonableness need to be established. Ideas for such policies include: not starting penalty assessment until 60 days have elapsed, notifying landlords when complaints are received, treating violations found upon reinspection as new violations and not keeping the file open and limiting the scope of inspections and reinspections to the item(s) called in (except for obvious safety issues). Other funding ideas include: pure general fund support (property tax), business tax on property owners and high penalties for failure to comply assessed via a hearing process (in addition to a monthly penalty or without a monthly penalty). The idea of mandatory licensing or other fees imposed on landlords is not being considered, especially since the program is recommended to be complaint and referral driven. It was noted that the Council would need to be prepared to provide a high percentage of general fund support because revenue from most of these sources is very difficult to project. Concern was expressed that the long-term viability of the program be ensured and that a stable revenue source be identified. Discussion of the item will continue at the next meeting. It was suggested that a program evaluation be scheduled sometime after the program is initiated, preferably using this group, to review program effectiveness. IV. MEETING SCHEDULE CONFIRMATION: The previously scheduled future meeting of 12/4 was confirmed. The next meeting following the 12/18/97 meeting was scheduled for 1/8/98. Both meetings will be from 1 PM to 3PM at the same location. V. ADJOURN The meeting adjourned at approximately 3PM. Respectfully submitted, David Scott Building Official is\bldg\sweber\commhous\minutes\min 1204.doc PROGRAM OPTION A Assumptions: • Reactive inspections only • Inspector can do 660 inspections/year 400 inspections/year (based on 44% of Portland's ratio of reactive inspections performed to number of housing units. 44% used because 86% of Portland's stock is at least 25 years old, compared to 41% for Tigard. Other demographics such as ratio of owner to rental occupied and breakdown of# of units per building are very similar). • Require .7 FTE (use 1 FTE) Unit Costs: • 1 FTE Housing Inspector $50,000 • 1 Vehicle $18,000 • 1 Work-station set-up $4,000 • Forms, documents $2,500 • Other (gas, training, etc) $2,000 • Legal $5,000 Total Costs: • First year $81,500 • on-going $59,500 Note: no inflation factor included i:\bldglsuew\commbous\misc\pr&opta.doc