ACTION REQUESTED:
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Communication from the City Manager and Community Development Director to ADOPT an ORDINANCE Amending Chapter 5, Article XIII of the CODE of the CITY OF PEORIA Related to REGISTRATION OF RESIDENTIAL PROPERTY and INSPECTIONS OF DWELLINGS.
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BACKGROUND: During the August 14th, 2018 City Council meeting, Staff brought forth a first reading amending Chapter 5 of the City of Peoria Code related to registration of residential property and inspections of dwellings. Staff said they would bring back the revisions before the end of 2018.
1) Discounted Registration Fee
If a property owner meets the following conditions, they would be eligible to receive the discounted rate of $75 per property without having to attend the annual training:
- the property owner does not owe the City of Peoria any outstanding funds for any reason, including but not limited to fines, fees, city utility bills and back taxes September 15th of the prior year registration. This would not include special service payments, current economic development loans, mortgages and other similar payments.
- the property owner has not received a judgement or default related to a Chapter 5 code violation via the City of Peoria Hearing Officer within the previous calendar year.
- the property owner has not received a judgement or default related to Criminal Housing Management via the City of Peoria Hearing Officer within the previous calendar year.
- Any judgment entered in Circuit or Federal Court in a suit brought forth by the City of Peoria.
If any of the above conditions are not met by the property owner on any properties owned, the property owner will be required to attend the educational seminar in order to receive a discounted rate of $125 per property. Having the stipulation apply to property owners will prevent someone from allowing one of their properties to deteriorate while still maintaining other property in a different part of the City. If the property owner chooses not to attend the seminar, they will be required to pay $250 per property. The changes to the program will allow staff to develop an educational agenda more tailored to landlords and property owners who have had code violations. With these changes, the educational seminar will address the landlords who contribute to blight in our neighborhoods. It also offers an incentive to property owners to proactively maintain their property and rewards them for being a responsible property owner.
2) Rental Property Self-Inspection
In addition to the changes to the registration requirement, staff proposes modifying the self-inspection process required between landlords and tenants. Starting in 2009, landlords were required to complete a city provided self-inspection checklist with each tenant prior to moving in and annually. Due to staffing cuts in the Code Enforcement Division, rental property in Peoria cannot be proactively inspected. As a result of staff reductions, the self-inspection process was created to assist tenants with problematic landlords and ensure that rental properties are in compliance. In addition, it provides an extra layer of accountability for tenants who ruin properties and then report the violations to Code Enforcement to retaliate against a landlord. This information may also be used as part of criminal or civil charges against tenants who purposely damage property.
Staff is proposing the following modifications to the self-inspection checklist:
- All completed forms must be submitted annually to the City of Peoria as part of the registration process. The Department will explore if this can also be done electronically with the new software being implemented at the end of 2018. Staff is still in the process of identifying an electronic submission format. It will likely not be implemented in 2019 when the forms are due by March 1st.
- Landlords will be required to disclose to all tenants and prospective tenants if they have a current administrative hearing officer case for Chapter 5 violations or if they have had a case at the property within the last twelve months on the self-inspection form.
- Landlords are also required to provide all tenants with a City provided tenant rights and responsibility pamphlet provided as part of the self-inspection form. This form will be created in the first part of 2019 and a copy will be available in Issues Update.
- The self-inspection form will be modified to include language about who is responsible for cooking appliances. (Refrigerator, Stove, Microwave, etc.)
FINANCIAL IMPACT: Changing the registration fee will have an impact on total revenue brought into the City of Peoria. This adjustment was made in the 2019 Revised Budget.
NEIGHBORHOOD CONCERNS: Improving the housing stock in our neighborhoods and providing safe living conditions for tenants increases property values and improves public safety.
IMPACT IF APPROVED: Ordinances will go into place in 2019.
IMPACT IF DENIED: Education session will be required for property owners to receive discounted rate.
ALTERNATIVES: N/a
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Safe Peoria
2. Beautiful Peoria
3. Grow Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Reduce crime.
3. Have an efficient government.
DEPARTMENT: Community Development