02/12/1998 - Packet CITY OF TIGARD
OREGON
COMMUNITY HOUSING
TASK FORCE MEETING
at
CITY OF TIGARD
13125 SW HALL BLVD
Red Rock Conference Room
Thursday, February 12, 1998
1:00 pm to 3:00 pm
AGENDA
L Self introductions.
II. Approval of January 8, 1997 meeting minutes.
III. Staff report re: Housing Conference
IV. Work session.
A. Status check
B. How should the housing program be funded?
C. What implementation and program policies should be adopted?
D. Other.
V. Meeting schedule confirmation.
VI. Adjourn.
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13125 SW Hall Blvd„ Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
PROPOSED IMPLEMENTATION AND PROGRAM POLICIES
Inspections will be made only when a complaint or referral is received. Self referral
by inspectors is allowed when obvious violations are observed during the regular
course of business. (Note: this was previously adopted by the Task Force)
= Anyone can complain or refer. Anonymous complaints not accepted (unless
required by law).
= When a complaint or referral is received, City will attempt to notify rental property
owner or authorized representative prior to performing inspection. Rental property
owners required to register a contact phone number and contact person so
notification can be made. Registration can be part of the business tax process.
Owners who fail to register may not receive notice.
Complaint or referral inspections will be limited to the unit(s) for which the
complaint or referral is received, or the common area(s) if the complaint or referral
is regarding the common area. No inspection will be done of other areas unless the
inspector notices obvious violations during the course of conducting the inspection.
When called to inspect compliance with previously noted violations the inspection
shall be limited as above. Any new violations discovered in the subject areas shall
be treated as separate and new violations. Any violations resulting from additional
complaints or referrals on a unit or area already under a compliance action shall be
treated as separate and new violations.
To avoid arbitrary, inconsistent or subjective actions by staff; no extensions or
exceptions to the "automatic" fine structure can be granted by staff once it is clear
that a violation(s) exists. Such extensions or exceptions must result from hearing.
is\bldg\swcbcr\commhous\misc\polyopt.doe
r
OPTIONS FOR "AUTOMATIC" FINE STRUCTURE
OPTION 1:
= 3 categories of violations: Immediately Hazardous, Hazardous and Non-hazardous
= higher fines for Hazardous and Immediately Hazardous
= shorter compliance time for Hazardous and Immediately Hazardous
Immediately Hazardous -
= Lack of heat in winter
= Roof, ceiling, floor, exterior or interior bearing wall in danger of imminent
collapse
Hazardous -
Damaged or blocked exit doors or emergency egress windows
Lack of properly functioning smoke detectors
Broken waste pipes or unsafe disposal of waste water
No water service
Stairways/balconies with missing or severely deteriorated stairs, handrails or
guardrails
Storage of large amounts of dangerous materials (like gasoline)
Leaky roof
Holes in floor or exterior walls
Exposed wiring or hazardous electrical connection
Improper ventilation of any combustion appliance
Lack of minimum required sanitary facilities
Non Hazardous -
= All other violations of the Housing Code
OPTION 2:
Hazardous -
= All items in Immediately Hazardous and Hazardous categories in Option 1
Non Hazardous -
= All other violations of the Housing Code
OPTION 3:
All violations are treated the same, no categorization
v
OPTIONS FOR CIVIL PENALTIES
Amend current Civil Infraction provisions to include Housing Violations as a Class
1 infraction (same class as building code violations).
- current code provides that each day a continuous infraction occurs is a
separate infraction
- current code provides up to a $250 penalty per infraction
- current code prescribes a hearing before a Hearings Officer (appointed by
municipal judge)
- current code prescribes no time limit for compliance, up to code
enforcement officer's discretion
Amend penalty amount prescribed above to $1,000 and prescribe this process only
after 180 days from citation has elapsed. This would be in addition to "automatic"
fine structure.
- provides a vehicle for gaining compliance in cases of blatant refusal to
comply
Amend or create new Civil Infractions procedures to reflect unique nature of
Housing Code. This would be instead of the "automatic" fine structure.
- time limits and penalty amounts varying
- hearing required for any imposition of penalty
e
OTHER FUNDING OPTIONS
Increase current $55/year (per property) business tax on rental property owners to
$110/year, or some other amount. The tax currently applies to owners of more than
three rental units.
Expand application of business tax to all owners of rental property, regardless of
number of units.
Create a sliding scale business tax, where owners of larger properties pay more tax.
Apply "automatic" fine schedule to violations of the existing Dangerous Buildings
Code and other violations of zoning, building and nuisance codes. Currently, only
the Civil Infractions procedure is provided for these cases, providing no revenue for
enforcement of these violations unless the situation deteriorates to the point where a
Summons to Municipal Court is deemed necessary. Although this revenue isn't
directly related to the Housing Code, it would be general, building or electrical
fund revenue and would serve to off-set the additional costs associated with the
Housing Program. The fine and compliance times could vary depending upon
severity, with violations of the Dangerous Building Code considered either
Hazardous or Immediately Hazardous, and violations of other codes treated as Non
Hazardous, unless a serious health or safety issue is involved (building, electrical,
mechanical or plumbing code issues could be serious health or safety issues).
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COMPLIANCE TIME/FINE AMOUNT OPTIONS
OPTION # CATEGORY TIME FINE 1-4 UNITS FINE 5-20 UNITS FINE 20+ UNITS
----- --- -- ---- ----- --- - - ----- -- - ---------------
------ -- ---- ---- ------- --- OR COMMERCIAL
OPTION-1-
Immediately
PTIO__N 1
Immediately Hazardous_ 48 Hours_ $1 00/day.after 48 hours-$200/day after 30 days _$200/$400 $400/$800
Hazardous_ — _ 30 Days $65/mo after 30 days-$130/mo after 60 days $130/$260 _ $200/$400
OPTION__2
Non Hazardous _ _ 60 Days $65/mo after 60 days-$130/mo after 120 days _$130/$260 $200/$400
_ _
Hazardous 7 Days_ $50/day after 7 days-$500/mo after 30 days _$_100/$1000__ $200/$_2000
OP
_T_ION 3 Non Hazardous 60 Days_ $65/mo after 60 days-$130/mo after 120 days— $130/$260 $200/$400
All violations 60 Das $65/mo after 60 days-$130/mo after 120 days $130/$260 $200/$400