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Section I. Section 26-3(b)(2)c. of the City of Dubuque Code of Ordinances is hereby repealed,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 Section 26-10(j)(3)b. of the City of Dubuque Code of Ordinances is hereby repealed,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
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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!