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Code of Ordinances_Housing Code Amendment_Maintenance ResponsibilitiesPrepared by: David Harris, City of Dubuque Housing Services, 1805 Central Ave., Dubuque, IA, 3 l 9-589-4239 Ordinance No. 5-00 An ordinance amending the Code of Ordinances, City of Dubuque, Iowa, Chapter 26, Housing Regulations, by: repealing Section 26-3(b)(2)c. relating to maintenance responsibilities of occupants for storage and disposal of garbage and adopting in lieu thereof a new Section 26-3(b)(2)c. relating to responsibilities for storage and disposal of garbage; repealing Section 26-10(j)(3)b. relating to exterior painted surfaces and adopting in lieu thereof a new Section 26-10(j)(3)b. relating to exterior painted surfaces. Now, therefore, be it ordained by the City Council of the City of Dubuque, Iowa: Section I. Section 26-3(b)(2)c. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-3Co)(2)c. is hereby adopted in lieu thereof.- c. Storage and disposal of garbage. Every occupant of a dwelling shall dispose of rubbish, garbage, animal waste and other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code or by having it removed fi-om the premises. Containers shall not be stored in a front yard area or on the front porch of the dwelling, unless the Housing Official determines that it is impractical to provide an alternate storage location. Section 2. Section 26-10(j)(3)b. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-10(j)(3)b. is hereby adopted in lieu thereof.' All exterior painted surfaces shall be flee fi-om loose, flaking or peeling paint, where surfaces are determined to have lead-based paint. Surfaces without lead-based paint do not have to be scraped if the total area of defective paint is: 1. less than 10 square feet on an exterior wall or less than 2 square feet on any other exterior building component with a large surface area; or 2. less than ten percent (10%) of the total surface area on any exterior component with a small surface area. Repainting will be required only when the total area of defective paint is: 1. more than 10 square feet on an exterior wall or more than 2 square feet on any other exterior building component with a large surface area; or 2. more than ten percent (10%) of the total surface area on any exterior component with a small surface area. Section 3. This ordinance shall take effect immediately upon publication. Passed, approved and adopted this 17 day of January Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ,2000. CITY OF DUBUQUE, IOWA MEMORANDUM January 13, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Report on the Resolution of Housing Issues Last year a number of landlords voiced concerns about some of the ordinances in the Housing Code and the approach used by the Housing Department for enforcing the rules. Task Forces were set up, including the landlords and the Neighborhood Association, and an internal working group was formed to improve customer service. I think you will agree with me as you review the reports from Assistant City Manager Tim Moerman and Housing Services Manager David Harris that much progress has been made. I have spoken with Irv Koethe, President of the Landlord's Association, and he advises me that we are now on the correct path. However, even though some specific solutions were found, the most important result was new and more trusting relationships were developed between staff, landlords and the neighborhoods. These partnerships will be valuable as new issues come up and we cbntinue to work through existing issues. I commend everyone who was involved in the process. Housing Services Manager David Harris is recommending amendments to three ordinances. Two will correct technical errors that exist in the ordinances and the third will clarify the scraping and painting requirements. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment CC: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager David Harris, Housing Services Manager Karen McCarthy, Neighborhood Development Specialist Irv Koethe, Dubuque Landlords Association John Herrig, Dubuque Landlords Association Doug Stillings, 1255 Locust Street Ken Kringle, 156 Bluff Street Bob Schmit, 2528 Windsor Avenue Carlene Schroeder, 1493 Cornell Street Terry Mozena, 1036 W. 3rd Street Dan Shireman, 382 E. 21st Street CITY OF DUBUQUE, IOWA MEMORANDUM January 6, 2000 To: Michael C. Van Milligen, City Manager From: Tim Moerman, Assistant City Manager RE: Final Report on the Resolution of Housing Issues Purpose The purpose of this memo is to provide a final report on the efforts to resolve issues between the landlords, the neighborhood associations and City staff. Background In early 1999, several landlords met with you and Housing Services Manager David Harris with concerns on some of the ordinances in the Housing Code and on the approach used by the Housing Department for enforcing the rules. The landlords believed that the ordinances which went beyond the HUD standards were unnecessary. They also believed that the enforcement approach of the Housing Department was too rigid and bureaucratic. Efforts were made by City staff to work with the landlords and address some of the issues through several discussions. The landlords presented their views on the Housing Code to the City Council and requested that changes be made. An ad hoc committee was formed of landlords, neighborhood representatives, and City staffto review the issues. Twelve issues were identified. The discussions produced a consensus between the parties on nine of the issues. There was also an understanding that a consensus could not be reached on the remaining three issues without more in-depth discussions. Recommendations were made to the City Council to make changes to the ordinances and to approve a process involving the stakeholders to address the remaining three issues. The recommendations were approved. The process for addressing the issues of peeling of lead-based paint, storage of garbage, and peeling of painted brick surfaces began in May of 1999 with the formation of three separate task fomes. Landlords and people from the neighborhoods agreed to participate in the discussions with City staffto try to find win-win solutions on each of the issues. Each of the task fomes met three times since May to gather information on the issues, identify barriers to solutions, brainstorm on solutions, and select the best solutions. Attached is a copy of the participants in the task forces. The final proposed solutions were developed in October and presented to the landlords and neighborhood associations in November. Attached is a report on the three issues (#2). The feedback on the proposed solutions was very positive. The work of the task forces resulted in two accomplishments. First, they were able to find specific solutions to some of the issues. And second, relationships were built between the landlords and neighborhood representatives wkich will be instrumental in the aspects of the solutions which require the use of continued partnerships. These parmerships will also be valuable as new issues come up and need to be addressed. Discussion Resolution of Three Remaining Issues Below is a summary of the resolution to the three remaining issues which were developed by the task forces. Peeling of Lead-based Paint There is a consensus by the group on three main points. First, the greatest risk of deteriorated lead-based paint to children comes from friction surfaces on doors and windows and on the window trim. Second, that actions taken to reduce the risk in these areas will have the greatest impact on the children living in the housing units. And third, that each of the stakeholders, including landlords, tenants and City staff have a role in reducing the risk to children. The group identified five actions that need to be done by the parties to reduce the risk of peeling lead-based paint to children. They are attached to this memo. (#3) The resolution of the issue is to further develop the roles of the parties in the five actions and implement them. Gar~ The group divided the topics from the many discussions into the themes of Property Issues, Tenant Problems, and Piling of Garbage. Several good ideas were discussed on ways to address the problems from the storage of garbage. There is a consensus among the group that the solution to the garbage problems will not come from blanket rules or regulations, but through partnerships which encourage the parties to communicate and develop solutions which center on the responsibility of each party. Each patty has a role in solving the problems, and without their participation, it will go unresolved. City staffis taking two actions to find solutions for the garbage storage issue. Thefirst is a review of the physical features of the properties on Bluffand Loras to identify ways to address some of the garbage storage issues on a building-by-building basis. The second is preparation of a strategy for more effective enforcement of the regulations related to the storage and disposal of garbage by residents. Part of the strategy involves more cooperation between City departments to resolve the garbage storage issues. City departments are working to develop the strategy for addressing garbage storage issues and will work with the other parmers to finalize it and begin implementation. At this point, this solution will not require the use of garbage enclosures for all rental properties. Peeling of Painted Brick Surfaces There was a philosophical difference between the landlords and the neighborhoods on this issue. The landlords believe that regulations should not be adopted wh/ch would force a landlord to make improvements, especially ones which take time and cost money. The neighborhoods believe that without some kind of enforcement authority for addressing the painted brick issue, the condition of the surface would continue to deteriorate and become more of an eyesore. The preliminary solution for this issue is to use an approach which addresses the concerns of each party. The approach wouldfirst require the involvement of City staff and the neighborhoods to work with the property owner on a voluntary basis to have the peeling of paint on the brick surface addressed. And second, k would have a provision later in the process for mandatory enforcement of the housing code. This approach would give the property owner the time and the tools to make the improvements in a timely manner, but it would also create an end to the issue by giving the City the ability to enforce the housing code if there is no significant action by the property owner to make the improvements. City staffis reviewing the current assistance programs or potential programs which could be used by property owners to finance their improvements. A consensus was developed for the City to consider enforcing the painting of brick surfaces through the nuisance ordinance rather than through the Housing Code, however, the City does not have the freedom to enfome the code at a lesser standard than the federal regulations. Attached is a draft ofaprocess (~4) which initially uses a collaborative approach to addressing the problem of the peeling of painted brick surfaces and concludes with mandatory requirements for the property owner to eliminate the problem. Improving the Relationship Between Landlords and City Staff The staff at the Housing Department has spent many hours in improving the way in it does business with its customers. Several initiatives were taken to improve the dialogue with the landlords. A review was conducted of all of the written communications the Housing Department has with its customers and changes were made to make them more "friendly" and less official. Several changes were also made in how the Housing Department enforced the Housing Code to use more ora common sense approach to enforcement. The efforts of the Housing Department staff have been successful to date, as many compliments have been made by landlords on the new environment for working with the Housing Department. Conclusions The City Council actions in April of 1999 focused on two areas. First, they removed some of the requirements for owners of rental property. And second, they supported the use ora collaborative process with landlords, neighborhoods and City staff to resolve the three remaining issues. The combination of these actions has resulted in the beginnings of successful partnerships to resolve the present issues. The conclusion is that the formation of partnerships between the stakeholders and the use of problem solving processes will provide the framework to address issues which will arise in the future. Recommendations Our efforts to quickly address the andlords ~ssues through changes m the Housing Code d~d result in a few technical errors. The recommendations are to made the necessary changes to rectify the technical errors. Thefirst technical error occurred when the final language of the ordinance duplicated the language for the owner responsibilities for requiting the supply of garbage containers and left out the language requiring the tenant to dispose of garbage in the garbage containers. The recommendation is to delete the language concerning landlords and to add the language concerning the tenants. The second technical error was made in providing an exemption from the Code for scraping paint from non-wood exterior surfaces, (primarily brick surfaces). The HUD regulations actually require scraping on all surfaces within 30 days. The task force on painted brick surfaces created a process for engaging neighborhoods, property owners and City staff for addressing the issue through a parmership rather than through enforcement. While the process for working with the property owner may take longer than 30 days, it may be of greater benefit to the neighborhood. The HUD Code only requires the removal of the loose paint on all exterior painted surfaces. The formation of a partnership could easily result in painting the surface or removing the paint and in making other improvements to the property. The recommendation is to work with the neighborhoods and property owners on a case-by-case basis toward the improvements and take the necessary time to fmd mutually beneficial solutions. The third area is not an error, but a proposal to add clarification to the scraping and repainting requirements. It adds the HUD language, "with a large surface area" to the end of the regulation on scraping and repainting. The recommendation is to add the above language to the Code. Attached is a memo (#5) from Housing Services Manager David Harris, which provides a more detailed explanation of the three proposed changes. David and I have met with the president of the landlord association to review these proposed changes and he is supportive. Housing Issues Task Force Participants Name Lynn Lampe Carol Copeland Pam Bradford David Cox Pat Kelly Linda Boothby Issue Painted Brick Surfaces Painted Brick Surfaces Painted Brick Surfaces Painted Brick Surfaces Painted Brick Surfaces Painted Brick Surfaces Michelle Delaney Peter Eck Carol & Tom Smith Carlene Schroeder Tom Swift Terry Hefel John Herrig Paul Schultz Pablo Ramirez Randy Roy Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Garbage Storage Ken Buesing Bill Kinsella Cheryl Whulen Tim Moler Lead-Based Paint Lead-Based Paint Lead-Based Paint Lead Based Paint Marcia Lawson Irv & Lou Koethe David Harris Kathy Lamb Tom Smith Tim Moerman All All Ail All Ail All Association Landlord Association Landlord Association Neighborhood Partners Landlord Association Landlord Association Neighborhood Partners Neighborhood Partners Landlord Association Landlord Association Neighborhood Parmers Landlord Association Landlord Association Landlord Association City of Dubuque Staff City of Dubuque Staff City of Dubuque Staff Neighborhood Partners Landlord Association Neighborhood Partners City of Dubuque Staff Landlord Association Landlord Association City of Dubuque Staff City of Dubuque Staff City of Dubuque Staff City of Dubuque Staff UPDATE ON HOUSING TASK FORCE ISSUES DUBUQUE NEIGHBORHOOD ASSOCIATIONS Task Forces for Each Issue: 1. Peeling of Lead-Based Paint 2. Garbage Storage 3. Peeling of Painted Brick Surfaces NOVEMBER, 1999 UPDATE ON HOUSING TASK FORCE ISSUES DUBUQUE AREA LANDLORD ASSOCIATION MEETING Task Forces for Each Issue: 1. Peeling of Lead-Based Paint 2. Garbage Storage 3. Peeling of Painted Brick Surfaces NOVEMBER 10, 1999 · 7:00 PM 1. Peeling of Lead-Based Paint Group Consensus: · The greatest risk of deteriorated lead-based paint to children comes from friction surfaces on doors and windows and on the window trim. · The actions taken to reduce the risk in these areas will have the greatest impact on the children living in the housing units. · Each of the stakeholders, including landlords, tenants and City staffhave a role in reducing the risk to children. Possible Actions: There arefive actions which could be taken by different parties to reduce the threat of lead poisoning, including: 1. Notifying the landlord of the deteriorated lead-based paint with the expectation that the loose paint will be scraped. 2. Notifying the tenant of the deteriorated lead-based paint and the actions which should be taken to minimize the negative impact of the lead-based paint. Work with the tenant on methods to initially clean the carpet around the friction surfaces and peeling of the lead-based paint with the expectation that the carpet and the area around the friction surfaces would be cleaned. Work with the Healthy Homes Initative to provide a cleaning kit and vacuum cleaner to the tenants and an education program on how to keep a healthier environment for their children. 5. Research other potential sources of lead into the home and determine if they are contributing to the problem. 2. Garbage Storage Three themes were developed from the discussions including (1) Property Issues, (2) Tenant Problems, and (3) Piling of Garbage. Group Consensus: The solution to the garbage problems will not come from blanket roles or regulations, but through partnerships which encourage the parties to communicate and develop solutions which center on the responsibility of each party. Each party has a role in solving the problems and without their participation, they will go unresolved. Possible Actions: There are three actions which could be taken by the group to address the garbage storage problem: City staff will conduct a review of the physical features of the properties along Bluff Street and Loras Boulevard to identify opportunities for storage of garbage at the rear of the buildings and out of sight from the street. City staff will also conduct a meeting with the property owners along Bluff Street and Loras Boulevard to brainstorm and identify alternatives for addressing the garbage storage problems. Make recommendations for solving the problems. City staff Will prepare a draft ora strategy for enforcement of the regulations related to the storage and disposal of garbage by residents. The strategy will include the collective efforts of the Sanitation Division, Health Department, Housing Department, Legal Department, and the Neighborhood Development Specialist. A process will be developed (1) to minimize the mount of time the actual garbage remains in the neighborhood; (2) to minimize the amount of time for contact by City staff and the resident concerning the problem; (3) to increase communication between the City, the landlords, and the neighborhoods for developing the best solutions to the problems; (4) to involve tenants in the solution and influence their behavior for storing and disposing of garbage. A partnership will be developed between the landlords, the neighborhoods and City staff to increase the effectiveness of their communications for identifying and addressing problems in the neighborhoods concerning garbage and other issues, which currently exist or may arise in the future. 3. Peeling of Painted Brick Surfaces Differing Views on the Issue: The group discussions identfied different views on this issue by thc landlords and the neighborhoods. Some of the landlords believe that regulations should not be adopted which would fome a landlord to paint deteriorated painted brick surfaces, unless it compromises health and safety. Other landlords believe that there is room for the adoption of some regulations which would force a landlord to either paint the deteriorated painted brick surface or remove the deteriorated paint. The neighborhoods believe that without some kind of enforcement authority for addressing the painted brick issue, the condition of the surface would continue to deteriorate and become more of an eyesore. Group Consensus: There was a consensus among the group to support an approach which would first require the involvement of City staff and the neighborhoods to work with the property owner on a voluntary basis to have the peeling of paint on the brick surface addressed. And second, it would have a provision later in the process for mandatory enforcement of the ordinance. This approach would give the property owner the time and the tools to make the improvements in a timely manner, but it would also create an end to the issue by giving the City the ability to enforce the ordinance if there is no significant action by the property owner to make the improvements. There was also a consensus that an assistance program should be put together to provide an incentive for the property owner to remove the paint. There was also some interest in providing some assistance for repainting the bricks. Possible Actions: The proposed solution is to use an approach which addresses the concerns of each party. 1. Involve the neighborhoods, the property owner and City staff a voluntary basis to address the peeling nfpaint on the brick surface. 2. Use the current assistance programs or potential programs to assist property owners in the financing of their improvements 3. Develop an enforcement response which would hold the property owner responsible for either removing the paint fi'om the brick surface or repainting the brick surface. Five Actions to Reduce the Threat of Lead Poisoning Notify the landlord of the deteriorated lead-based paint with the expectation that the loose paint will be scraped Notify the tenant of the deteriorated lead-based paint and the actions which should be taken to minimize the negative impact of the lead-based paint Work with the tenant on methods to initially clean the carpet around the friction surfaces and peeling of the lead-based paint with the expectation that the carpet and the area around the friction surfaces would be cleaned Work with the Healthy Homes Initative to provide a cleaning kit and vacuum cleaner to the tenants and an education program on how to keep a healthier environment for their children Research other potential sources of lead into the home and determine if they are contributing to the problem Process for Addressing the Peeling of Painted Brick Surfaces I. Awareness by City staff and neighborhood organizations of specific properties with significant peeling of painted brick surfaces II. Meeting with City staffand other parties to discuss the condition painted brick, the history of action or inaction, and opportunities for meeting with the property owner III. Initial meeting with the property owner; Participants: Neighborhood Development Specialist, Neighborhood Assn. Representatives, Housing Services Department 1. Presentation of Information A. Report on the condition of the painted brick B. Information on the options for improving the condition of the painted brick, including the associated costs C. Information on fmancial assistance options for improving the painted brick 2. Development of the alternatives for improving the condition of the paint brick and a potential timeframe for implementation 3. Feedback from the property owner on the available options and the preferred approach, which may include action or inaction IV. Follow-up meetings, if necessary, between the property owner and the other parties to finalize a plan for improving the condition of the painted brick surface V. Monitoring the progress of the property owner by City staff and the neighborhood organization through: 1. Contact with the property owner who is implementing a plan for improving the condition of the painted brick surface, to mark the progress of the implementation, discuss any new barriers to make the improvements, and offer further assistance in improving the condition of the painted brick surface 2. Contact with the property owner choosing not to take action to improve the painted brick surface to renew the offer to discuss physical options and the financial options VI. Code enforcement for mandatory action on the condition of painted brick surfaces 1. Contact with the property owner who chooses not to take action on improving the condition of the painted brick surface to discuss the requirements of the City Code for action by the property owner 2. Enforcement of the City Code by City staff for improving the condition of the painted brick surface 9 December 99 CITY OF DUBUQUE, IOWA MEMORANDUM To: Mike Van Milligen, City Manager From: David Harris, Housing Services Department Re: Technical amendments to Housing Code Introduction The purpose of this memorandum is to request the City Council's adoption of the attached ordinance, amending Chapter 26, Housing Regxtlations, of the City of Dubuque Code of Ordinances. Discussion In April 99, a number of amendments were prepared for Council action. This was the culmination ora several month period of review and discussion with a group of interested landlords. The proposed amendments addressed a number of issues and in most all cases represented efforts at accommodating issues presented by apartment owners. Unfortunately, in the haste to bring these issues for Council action, some technical errors were made in the text of the proposed amendments. At this time, we are proposing that these be corrected by additional amendments to the Housing Code. 1. Maintenance responsibilities of occupants The Code was changed, under both owner and occupant respous~ility sections, to eliminate the requirement for storage of garbage containers behind enclosures. However, the section on owner responsibilities was duplicated in the final langu~e inserted under occupant respons~ilities. To correct this error, the following amendment is proposed: Sec 26-3(b)(2)c:(eliminate): Every owner or operator of a duplex or multiple unit dwelling shall supply garbage containers which are adequate in number, approved by the Housing Official and in compliance with this Code. (add): Every occupant ora dwelling shall dispose of rubbish, garbage, animal waste and other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code or by having it removed fi-om the premises. 2. Lead-based paint The Code was amended in a number of ways to accommodate landlord interests while still adhering to federal requiremems; One of those changes was to adopt a threshold requirement for scraping end repainting. We adopted the HUD regulations, allowing for areas of less than a minim~lm square footage or area percentage to be exempted from requirements to scrape and paint. However,.aiso added was en exemption for all non-wood exterior surfaces from the requirement for treatment of defective paint. This is in conflict with HUD's regulations end must be amended. At Sec 26-I00)(3)b., current Code lang,,oge reads: All exterior wood surfaces shall be free from loose, flaking or peeling paint where these surfaces are determined to have lead-based paint.. As the HUD regulations apply to aH exterior surfaces, the word "wood" must be removed from this section in order to bring the Housing Code into compliance. The other change proposed at this section is to add the words 'hvith a large surface area" at two paragraphs detailing requirements for scraping and repaintlng standards. TbJs language is contained in the HUD regulations and provides useful clarification, as follows: Surfaces without lead-based paint do not have to be scraped if the total area of defective paint is less than 10 square feet on an exterior wall or less than 2 square feet on eny other exterior building component with a large surface area; Repainting will be required only when the total area of defective paint is more than 10 square feet on an exterior wall or more than 2 square feet on any other exterior building component with a large surface area; Recommendation It is recommended that the proposed amendments be adopted. They are recommended in order to correct technical errors, provide clarity in interpretation and to insure compliance of Dubuque's code with HUD requirements. Action Step The action requested of the City Council is to adopt the attached ordinance, amending Chapter 26, Housing Regulations,, of the City of Dubuque Code of Ordinances. CC.' Barry A Lindahl~ Corporation Counsel Tim Moenuan, Assistant City Manager CITY OF DUBUQUE, IOWA MEMORANDUM 3 January 00 To: Mik0~V ~a~ Milligen, City Manager From: Da~-~arris, Housing Services Department Re: Evaluation of Housing Department response to landlord concerns Introduction The purpose of this memorandum is to provide the City Council and your office with a year-end evaluation of the Housing Services Department's response to landlord concerns. Background In Jannary 99, the Housing Depamnent began a four-month discussion with a group of landlords concerned with housing code enforcement issues. ~ process culminated with a proposal submitted to the City Council in April for a number of amendments to the Housing Code. In addition, the April report listed approximately 30 initiatives for improved customer service. This memorandum will provide a report on the implementation of those initiatives and an evaluation of changes in the Department's working relationship with our landlord community. Discussion An evaluation of the changing business reiationship between the Housing Deparbnent and the nearly 2000 owners of Dubuque's residential rental properties can take many forms. 'We have attempted to do this by documenting inspection fundings, with photographic evidence and through continuous efforts to keep formal communication channels open with landlords. We have also collected anecdotal information through conversations and interviews. The framework for the initiatives proposed by the Homing Department was the concerns expressed hy landlords in the discussions begun last January. Even prior to those first meetings, the Department had initiated an "appreciative inquiry" interview process, in the Fall of 1998, which solicited information from landlords regarding customer services experiences with Housing. This process culminated in the holding of a "homing S1Jmmit," in February 99, in which participants shared ideas for a vision of Dubuque's future. A second phase of this effort will be the convening ora ''housing action conference" - to be held next month - in which a strategic plan for delivery of housing and related services will be formulated by a broad-based group of con,,~anity stakeholders. Evaluation of Initiatives The concerns expressed by landlords were addressed by the Housing Department in a document prepared for Council review last April. As mentioned, nearly 30 initiatives were proposed by staff to improve working relationships. The first of these recommended the convening ora task force to encourage on-going dialogue and comm~mication. In fact, since last April three separate task force groups have been meeting to di~scuss specific code enforcement issues. These have been facilitated by the Assistant City Manager, whose year-end report on progress will be separately submitted. These task forces have provided an opportunity for landlords, neighborhood representatives and city staffto informally discuss a variety ofmutuai concerns and have resulted in improved communication and mutual understanding. As another communication aid, our April report recommended the use of cell phones by inspectors, as a means of keeping in better contact with landlords. All inspectors now have phones; use of these has facilitated communications, as inspectors are able to call and receive calls from landlords while "in the field." This has resulted in more efficient schedulin~g, fewer missed appointments and improved access to the inspectors by landlords. Representatives of the Landlord Association and the Board of Realtors were invited to attend meetings of the Housing Commission, Trust Fund Committee and Appeals Board meetings. These representatives have in fact regularly attended meetings, providing a means of increased communication between the Housing Department and our constituent groups. Housing staffhave also made presentations at the Association and at Realtom meetings, soliciting opinion regarding proposals for initiatives and discussing policy changes caused by revisions in federal program regulations. Again to improve communications, the Housing Department instituted an after-hours/weekend emergency phone contact system. Staff, on a rotating basis, were assigned a cell phone to receive calls, in the evenings and on Saturday, from landlords with immediate problems. In fact, after a three month trial period in which no calls were received, this system was discontinued. However, an after-hours taped message on Housing's phone lines now allows callers to leave messages, which are promptly responded to the next morning. To learn from the experience of landlords with the Section 8 rental assistance program, we instituted a practice of sending "exit" letters when a landlord discontinues participation in the program. We have received no replies to-date. However, we do have a very low rate of landlord turn-over. It's our experienee that, as tenants leave the Section 8 program, in most all cases landlords continue to be willing to rent to other program participants. All of the Housing Department's forms and letters have been extensively rewritten, to eliminate officious and urmecessar~y bureaucratic language. First inspection notices are no longer sent cerffied mail; the "tone" of communications is more informal and nser-friendly. Staffroutinely call landlords and send informal letters as a first step, before issuing orders and notices. In particular, the discontinuation of certified notices has resulted both in significant savings in postal costs and quicker processing-of inspection notices. And although not officially tracked, we're sure the incidence of calls from "irate" owners - in response to receipt of officious notices - has noticeably declined. Owners are now routinely sent a notice that their unit has passed inspection, with a thank-you card. Previously, landlords knew ora successful inspection only because we stopped sending notices. Interestingly, the only feedback we've received was fi:om a landlord who complained of receiving these cards. We were asked to discontinue the practice, as it was unnecessary and confusing. A "comment card" is now included with the mailing of all inspection notices. Owners are encouraged to contact the Housing office with any comments regarding their experience with the inspection process. We have received no responses to-date. Last February, all inspectors and their supervisors hagan meeting weekly at the Housing Department, as a means of discussing sitaatious encountered in the field. "Cases of the week" were high-lighted, as a means of sharing experiences and formulating standardized interpretations of code requirements. An up-to-date "interpretations manual" is now maintained and regularly reviewed. As well, many policies and procedures - needed to implement changes in the housing code adopted by the Council in April - were developed and discussed through in-service trainings. This process continues, now in bi-weekly meetings. Changes in the housing code have resulted in greater use of the "grandfather clause," which allows a non-conforming condition to pass inspection, provided it was originally built according to the code at the time and does not cun~ntly present a health or safety hazard to occupants. This has significantly reduced the nmber of requests for variances heard by the Housing Code Appeals Board and reduced the time needed for processing of inspection reports. Rather than meeting monthly as before, meetings of the Appeals Board are now held every 3-4 months. Another code change refunds the filing fee, to the Appeals Board, when the applicant's request for a variance is granted by the Board. Yet another code amendment s'~zgnificantly reduced the late-payment fee for the annual unit rental license. The effect of these changes - increased use of the grandfather clause, fewer appeals, and reduced costs for filing fees and late-payment penalties - has also si~mificantly reduced Department revenues. To-date the total of Appeals Board filing fees collected is $25; it is estimated that approximately $3000-5000 in fees will no longer be collected annually. This will have a discernible impact on Housing's operating budget for the code enforcement program. Federal regulations require that a percentage of all units inspected be additionally "quality control" inspected, by our senior housing inspector. This is to insure that we are achieving our .goal of uniformity in interpretation of the housing code and consistency in the work of our inspectors. However, this practice does inconvenience landlords, who must make their units available for multiple inspections in order that we felfill this requirement. As a result of recent changes in federal laws, however, we have been able to reduce the number of required quality- control inspections. This was a goal listed in the "initiatives" document presented to the Council last Apnq. The Housing Department has improved communications with the Building Department and Fire Marshal's office, in the interest of better coordinating inspections of units in which code jurisdictions overlap. This has been achieved through inter-departmental meetings and institnt~g regular reviews ofsbared cases. As well, Housing staffis participating in a multi-department effort through the COP "internal working group," to identify problem properties and organize a coordinated department response to enforcement issues. This response will consist of concentrated enforcement by alt participating departments, in the interest ofelimlnating long-standing multiple-issue properties. In discussions with Landlord Association representatives, we have been assured of support, with the goal of bringing "problem" landlords into compliance with property and tenant management standards. Also in support of this inkiative, the Housing Depmt will co-host a fourth annual Crime Free Multi Housing workshop - with the Police, Legal and Human Rights Departments - with the goal of assisting landlords in successful tenant screening methods. Previously, we exempted landlords fi:om requirements to repaint the exterior of their buildings during the winter months (October-April.) In the interest of more reasonable code enforcement, we have added several other exemptions to the list, including for installation of roofing shingles, window glazing and cement work. As well, we have extended the moratorium period to 1 June, in recognition of our typically wet Spring season weather conditions. We have eliminated the practice of calling for repair of non-required appliances in rental units. Previously, any non-functional appliance was required to be kept in proper working condition. Now only appliances specified in the housing code are covered; this eliminates orders for repair of ak conditioners, garbage disposals and other non-essential appliances. We have instituted a policy of always contacting landlords before entering an apartment, when responding to a tenant complaint. Previously, staff would attempt to contact landlords, but would otherwise conduct the complaint inspection when unsuccessful in reaching the owner. This often had the effect of placing the inspector in the middle ora landlord-tenant dispute. Now, the inspector will enter a unit without owner notification only when a clear health-safety haTard exists and the owner cannot be located, We developed an "identification tag" which is used to assist owners to locate difficult-to-find code violations in areas such as basements and attics. This tag is affixed in the area of the violation (for instance, an illegal splice in exposed wiring running along a basement ceiling joist), as an aid to the owner to locate and correct the problem after receiving the inspection notice in the mail. A problem with this in the past had occurred because many times an owner is not able to be present at a scheduled annual inspection and may have difficulty in understanding the information presented in the inspection report. Now use of the tag provides a guide to identifying conditions to be corrected. In our discussions with landlords, the area of enforcement against tenants for violation of their code-required responsibilities was a topic that generated a lot of interest. Landlords felt that they often were cited for problems which were in fact caused by their tenants, particularly regarding house-keeping issues. Housing staffhave attempted to respond to this concern in a number of ways. One example of our response has been increased notices sent directly to tenants, when the inspector makes the finding that the problem is in fact tenant-caused. In a couple of instances, tenants have even been issued citations, for improper storage of garbage and for disarming a smoke detector. We developed a hand-out which is sent to all rental properties, explaining the city policies and schedules regarding garbage storage and pick-up; we ask that this notice be posted on the premises as information for all tenants. Working with the Health Department and the Visiting Nurses Association, we have developed our "healthy homes initiative." This program provides direct services to tenant households identified as poor house keepers, with VNA stafFperforming cleaning and instruction in proper house keeping practices. Cleaning kits are also provided at no cost, consisting ora broom, mop, bucket and cleaning supplies. Another aspect ofthis initiative is our vacuum cleaner give-away program, which provides flee vacuums for households in need of one. We collect used vacuums from several retailers, at no cost, and have them reconditioned before donating them to identified tenant f~milies. We also developed a hand-out for instruction to tenant households in safe and legal use of extension cords. This issue has been a source of complaint from landlords, as extension cords are routinely used illegally and landlords consequently receive our inspection notices requiring their disconnection. Our hand-out is an attempt to educate tenants in proper use of these cords and to reduce the incidence of code violations. As another means of reducing code violations and notices, we developed a "pre-inspection check list," which is sent to all tenants with notice ora scheduled inspection. It is hoped that tenants will review this list, which delineates typical code violations which are easily corrected (such as dis-armed smoke detectors, blocked exits, etc.), and use it to address problems in the unit before the inspection takes place. We have received no feedback on the usefulness ofthis approach. We now also send a "move-in inspection" check list to all new Section 8 Program tenants and landlords, to encourage them to inventory unit conditions. This is designed to reduce landlord- tenant disputes about pre-existing problems in the apartment. Again, we have not received any feedback from landlords or tenants regarding their use of the check list. Another problem issue for landlords concerned our requirement that all Section 8 units be leased as of the first of the month. This created vacancy and rent loss problems, as units would pass inspection but could not be rented sometimes for as long as 2-3 weeks. Now we pro-rate these rents, to the date of available occupancy, meaning landlords can receive payment - either for a vacancy or for an initial partial month occupancy - as soon as the inspection clears the un/t. Other Indicators It was mentioned that, in most cases, we have received little or no feed-back from owners in response to opportunities for written feed-back. Approaches such as comment cards or exit letters have not been utilized by landlords. However, we have received generally favorable comments from landlords in the course of everyday conversations. For instance, landlords have told us they appreciate the pro-rated leases on alt program un/ts. Another example concerns chan~es we have made in how we mail the monthly Section 8 housing assistance payments to landlords. Previously, Housing had subscribed to a mail courier service, which saved ns approximately $.015 cents per letter. However, after several landlords complained that they were receiving their checks late, we researched the problem and discerned that the fault was with the courier service. As a result, we switched mail delivery back to the postal service, incurring additional costs but directly responding to the concerns of owners needing the assistance checks to make their mortgage payments on time. Landlords told us their appreciation of that change. It was argued during our discussions with landlords last January-February that the low-tolerance policies used by Housing in code enforcement had the effect of discouraging west-side owners from enrolling their units in the Section 8 Progranx At~er the Apr~ housing code amendments significantly relaxed enforcement standards concerning deteriorated paint, we tracked the incidence ofincreased participation by west-side landlords. To-date, two new owners signed up; one remains with the Program currently. It would appear that previous enforcement policies were in fact not a significant factor for owners in choosing the Section 8 Program. In another attempt to "recruit" west-side owners to accept Section 8 tenants, Housing staff sought ways of providing increased rents for Program units. It was proposed to the Housing Commission that the "housing voucher payment standard" be increased, to 110% of the HUD- allowed Fair Market Rent. Under revised federal regulations, this increase is now allowed. The Commission approved this change in November. This has the effect of raising the maximum Section 8 rent on a two-bedroom unit by approximately $50 and should encourage owners to participate, by mak~g Section 8 rents more competitive with market rents in west-side locations. Staff also petitioned the HUD-Omaha area office for "exception rents" designation, in selected west-side census tracts. Under this program, we can authorize Section 8 rents up to 120% of the Fair Market Rent, in tracts determined by HUD to have market rents significantly higher than the allowed Fair Market Rents. The justification for this rent increase is that Section 8 families cannot otherwise afford to live in these neighborhoods, as the prevailing rents are too high for a lower-income household to afford. The result is that most Program families remain concentrated in downtown neighborhoods with older housing and more affordable rents. HUD granted the petition and designated six census tracts on the west side and south of Dodge Street as eligible for the higher rents. However, the Housing Commission in December voted not to offer the exception rents, feeling that in doing so west-side owners would receive unfair advantage over landlords with properties in other areas of the City. A significant policy change implemented by the Housing Department has been the increased use of inspector discretion in noting conditions in rental units. Previously, all conditions needing correction were cited as housing code violations. In particular, any and all chipping or peeling paint was notated. Since April, inspectors instead are allowing many of these conditions, while noting them as "pass-with-comment" on the inspection reports. This information is then provided to owners as an "advisory" to correct, rather than a requirement to do so. We have tabulated over 400 of these conditions to-date, since last April. As a follow-up to these notices, our inspectors ascertain whether owners are correcting these conditions at the reinspection. Of the 452 pass-with-comment notices, to-date 131 have voluntarily been corrected by owners, or about 29%. Approximately half of these notices have been for minor areas of chipping and peeling paint. The other half cover a variety of conditions, including house keeping and storage problems; missing door knobs, kitchen drawers and cabinet doors; deteriorated floor coverings; missing light shades, closet doors and door closers; clogged furnace filters; and unsubstantiated infestation problems. A report on all pass-with-comment notices issued to-date is attached to this memorandum. As a result of the institution of this policy change, a significant reduction in the total number of satisfactions of code violation notices has occurred. From a high of more than 13 600 in FY98, we are now projecting only 10 000 violation corrections in FY2000. This results primarily from the new "reasonable" code enforcement practices, which allow inspectors more discretion to permit the continuance of marginal conditions. As mentioned, implementing the pass-with- comment policy removes hundreds of conditions from the category of code violations. In addition, inspectors no longer even note the presence of single chips of mlgsing paint - either as a violation or a comment - which has eliminated many hundreds more inspection notices. The combined effect of these changes is that local landlords should experience an approximate 20% reduction in housing code violation notices issued this year. Summary From all indications, the changes the Housing Department has instituted in our code enforcement program have resulted in an improved relationship with our landlord customers. AS enforcement is a regulatory function backed by the authority of City ordinance, it can be expected that we will not satisfy all our customers all of the time. But two key principles should assure our ability to keep these relationships constructive. The first is a change in the organi?ational "culture" of the Housing Department. The culture we have developed has as its first objective always asking the question: is what we're doing or proposing to do benefiting the customer? Is it necessary? Are we (the Department and the landlord) doing this "together? We challenge all our staff to he part of the solution; our expectation is that every staffperson is an expert on how to do things better. We have pushed decision-making respons~ilities to the line stafflevel and empowered employees to exercise their discretion in making reasonable decisions. The other principle is communication. We realize that our working relationship with landlords is a function of our ability to develop and maintain on-going communications. We continually seek to establish more effective ways of staying in contact, of seeking and receiving feedback and of ascertaining the effects of the changes we have implemented. We have a procedure in place to review planned changes with landlord association representatives, in order to receive input before adopting new policies. We understand that our relationship with the landlord community is only as good as our most recent efforts to resolve the many contentions issues that test the public's understanding of our intentions. More than anything else, our staffunderstand that this task of relationship building is a never- ending process. Our goal at the Housing Department is continuous improvement in the way we do bnsiness. To achieve that, we must continue to listea% devise policies and procedures which make sense and always be prepared to make changes which respond to the needs of our customers. I feel confident that adherence to those principles will continue to build the public's trust in our Department's ability to administer the code enforcement program. CC.' Tim Moerman, Asst City Manager r- "00 5' 0000000000000 × X X X XX XXXXX XXXX XX X XXX ×XX X XXX X X X X X X X XXX XXX XX XX X XX X ~mm m~ X 0 XXXX XX XX XX X X XXX XXX~ x X X XX XX X X X X XX XX X X XX X X XX XX X X XX X X)< e X X X X X X X XX XXXXX X XX X X XXX XX X ~o o8 X o X X X X × X X X X X X X XX X X X X XX X XX X X X X X X X X X X X XX XXX X X >C X X X X X X X X X X X XX X XX XXXX X XX X X X X XX XXX ~' o ~XXX X XXXX~XX XXX XX XX X X XX~ X XXX XX XX X >~ X X X X X XXX XX XXXX X×X X X X X XXXXX X X X X ~ g X X X X X×X X XXX X X XX XX XX XX XX X XXX X XXX X XXXXX X X XXX XXXX X ~ O' o~ 0 XXXXX X X X XX X X X X XX X XX X X X X X X m ~Z -arn~ rll~_. "o m X X XXXXXX XX X X X X X XX XXX X ×X X XXXXX XXX ~X X XXX X XXXXX X X× m~ X 0 XXX XXX XX XX X X XX X X X X XX NOTICE: IF YOU LIVE IN A UNIT BUILT PRIOR TO 1978, YOU MUST DAMP MOP, SCRUB AND CLEAN THE WINDOW SUBSILL AREA (THE AREA BETWEEN THE STORM WINDOW AND THE INTERIOR WINDOW) AT LEAST MONTHLY TO ELIMINATE POTENTIALLY DANGEROUS LEAD DUST. USE A THROW AWAY PAPER TOWEL AI~D A MULTI-PURPOSE DETERGENT. An inspection has been scheduled for at Please be sure either you or your landlord will be at your home for the inspection. The City of Dubuque Housing Services Department has scheduled an inspection of your rental property. We would like to remind you of some small things you can do to prepare for your inspection so that simple repairs and corredions can be accomplished before the inspector arrives. Please take a few minutes to walk through your apartment and observe if simple repairs are needed to put your home in order before the inspection. Check your smoke detectors. Are they in proper working condition.~ Do they have fresh batteries or batteries which are less than a year old.~ Does the detector work.~ If there are fresh batteries in the detector and it still does not work, notify your landlord immediately. Are you using extension cords as permanent wiring.~ Take some time to consider relocating appliances so extension cords aren't needed. If an extension cord absolutely must be used, consider replacing it with a power strip with a built-in fuse and remember no more than two appliances should be plugged into one duplex outlet. Are there wall, ceiling, or floor repairs that your landlord needs to know about.~ Now would be a good time to inform your landlord before the inspector arrives. Arerthere missing or broken electrical outlet or switch covers.~ These could be replaced before the inspection. Is your apartment neat and clean.~ Are the carpets in need of shampooing.~ Are rooms relatively free of clutter and debris so that the inspector can inspect the unit without tripping over items, clothing, or storage.~ Check out the windows. Are there broken windows or damaged screens which need to be repaired before the inspection.~ Locate your screens and make sure they are in place before the inspector arrives. Inspect your yard space and common building areas. Are they clean and in order.~ Is the garbage collection area free of debris and discarded material.~ Do you have adequate garbage containers to hold your weekly garbage.~ Take a few minutes to spruce up your apartment and yard. It could save you, your landlord, and the inspector valuable time eliminating the need for a re-inspection for minor repairs which could have been fixed before the inspection. Thanks for partnering with us to provide quality housing! Housing Se~ices Department General Housing Activity 1805 Central Avenue Dubuque, Iowa 52001-3656 (319) 589-4231 (319) 589-4244 Dear Tenant: We have received a complaint from one of your neighbors about a health and safety problem which exists at the property located at 123 Anywhere PI. Maintaining properties in a safe and sanitary manner really is a partnership between the tenants who live at the address, the housing providers & property owner(s), and the City of Dubuque. All partnerships require some work from each partner for the desired outcome to be achieved - that being a healthier and safer community. This office wants to make sure that everyone involved understands what the City is expecting from you. First of all, the Housing Provider is required to provide an adequate number of garbage cans with lids to contain each unit's garbage in multiple unit apartment buildings. For the most par~, one large garbage container per unit is probably adequate. The tenant is responsible for placing the weekly accumulation of garbage in the supplied containers and making sure that garbage is put out for weekly pickup. Garbage pickup for 123 Anywhere PI is Friday. Stray garbage needs to be routinely picked up around the yard space and also put in the supplied containers. Special pickups for large items like discarded furniture, mattresses and box springs, and tires may be arranged for by calling 589-1720. There is a small fee for this service (please see the enclosed insert explaining this service). Please note that garbage should not be put out for weekly pickup more than 24 hours in advance of pickup. The Housing Services Department, in an effort to respond to a neighborhood complaint about garbage around your home, is just making sure that you are aware and familiar with your responsibilities. Additionally, the Housing Department will ~j and contact you by phone about this problem. The next step, however, will be code enforcement action, including a possible order for repair, a citation, and/or hiring a private contractor to correct the situation and assessment of the costs against the property and/or tenant: It is anticipated that the Housing Provider will be contacting you separately about this issue. This office wants to work with all parties involved to solve this problem. You are urged to be responsible to your neighborhood and your neighbors by properly disposing of your garbage as required. Sincerely, Housing InspectOr cc: Landlord Service People Integrity Responsibility Innovation Teamwork Be Part of an Exciting New Program! "Maintaining a Healthy Environment for You and Your Children" If you participate, what can you expect: A complete cleaning kit, including step-by-step cleaning instructions. (A $20 value!) A ~efurbished vacuum (if needed.) A Certificate of Completion for all participants who successfully complete the program! A Healthy Homes Associate will instruct and work with you to put into practice the Healthy Home methods for providing & maintaining a healthier environment for your children! What's in it for your kids? A Healthy Homes Associate will instruct and work with your children Jn learning techniques to help keep themselves healthy! (Your time can then be devoted to learning and working with the other Healthy Homes Associate to achieving a healthy living environment.) A coloring book and crayola's - instructing them in ways to stay healthy. A work activity calendar highlighting different activities your child can participate in to maintain a healthy home. Presentation of an entertaining Sesame 5treat Video on hand washing. Nailbrushes for each of your children. Healthy snacks and instructions on healthy eating. If this sounds like something that you would like to participate in, fill out the tear-off coupon on the bottom of the page. Yes, I want to participate in this exciting new initiative in maintaining a Healthy Environment for Raising Children! Name Address Phone # # of Children (:Under the age of 5ix.) What time works best for you? Scheduled initial visit(Office use only.). Learn the Three bucket Cleaning Method: lead dust (A cleaning method designed Vacuum all exposed surfaces from top to bottom using a HEPA Vacuum. Use the three-bucket cleaning methods to clean all surfaces. 1. Prepare the buckets. Mix a solution of water and multi-purpose cleaning detergent according to the instructions on the bottle of the detergent. Pour this solution into a plastic bucket and label it cleaning solution. Pour water into the second and third buckets. Label one dirty rinse and the other clean rinse. 2. Use a clean cloth. Disposable cloths are ideal or paper toweling. Use a different cloth for each area you are cleaning. 3. 6ent/y Dip a clean cloth into the clean/n9 so/uriah. NEVER PLUNGE THE CLOTH ]~NTO THE CLEAN]~N~; $OLU1XON - this contaminates the clean detergent wate~ with lead dirt ~nd dust. 4. 5crud the area you are clan/nE. Le~d dust is sticky. Vou may need to apply p~essu~e and scrub the area to remove it. 5. Rinse the cloth in th~ dir~ einse often. After you scrub the area, thoroughly rinse the cloth in the dirty rinse to get as much contaminated dirt out of the rag. Then, gently DIP the cloth into the cleaning solution and continue washing the G~Q. 6. When you finish washin~ the ar~, use a clean ra~ and the clan rinse to rinse oH any ~emainin~ de~er~ent and/or dus~ on ~h¢ area. A spray bottle ~iJled wi?h _ clean rinse water is another excellent way to v~nse the washed area. 7. O~h¢r Hps: chan~e ~he rinse water frequently. To do this, place = towel oc window scceen over a toilet stool and pour the water over the towel ov screen ~o separate the large debris from the water. Put the ~ebvis in a Javge, plastic gavb~ge bag and flush the stool. Dispose of ~h¢ waste wa~er. When you finish cleaning the windows, doors, trim and walls, dispose of the garbage bags and waste using the method described above. 8. Use ~he ~hcea bucke~ Hstem in washinp floors, as well Use one ~ov detergent, one for dirty rinse and one loc clean rinse. ~ispose of wash and rinse w~tev as described above. Return to: Dubuque's Childhood Lead Poisoning Prevention Program Health Services Department - City Hall Annex 1330 Main Dubuque, ~owa §200!