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HomeMy WebLinkAboutCOW 2016-11-28 Item 4E - Ordinance - Rental License Requirements Matching Fee Resoluiton and Proactive Pest ControlCOUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Mm� Date Prepared by 1 M 1 qy)§ S review C until review 11/28/16 NG ❑ Resolution All ,g Date N Ordinance Ali ,g Dale 1215116 12/05/16 NG [:] Other Alt ,g Date SPONSOR ❑ Council [:] Mayor [:] FIR DCD [:].I-,inance [:].Fire ❑ TS ❑ P&R [:].Police [:] PW SPONSOR'S The residential rental licensing program is being updated to include a requirement for summ'\Ry proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Rt,lxii?wE?.D 13Y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPON,soit/ADMIN• Department of Community Development COMMIT -11"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPi,M)ITURE, RI,'1QUIItI,'1I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 k 111:4 Ly, I I i! I &I V TA F-11 I ME ITEM NO. 4.E. [• ISTM,'FSPONSOR: NoRA GIERLOFF ORI(',IN,\j,Ac,,I?Ni),\D,\'i'i3: 11/28/16 A('.jM)A I'n m Ti'n,j�, Rental Housing License Code Update CA' FIGORY M Discussion Alt ,g Date 11128116 ❑ Motion AIRS Date ❑ Resolution All ,g Date N Ordinance Ali ,g Dale 1215116 F.BidAxard MtS Date ❑ Public Hearing Alt ,g Dale [:] Other Alt ,g Date SPONSOR ❑ Council [:] Mayor [:] FIR DCD [:].I-,inance [:].Fire ❑ TS ❑ P&R [:].Police [:] PW SPONSOR'S The residential rental licensing program is being updated to include a requirement for summ'\Ry proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Rt,lxii?wE?.D 13Y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPON,soit/ADMIN• Department of Community Development COMMIT -11"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPi,M)ITURE, RI,'1QUIItI,'1I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 12/5/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/7/16 (Updated after CAP) A. Draft Ordinance Amending TMC 5.06 B. Email to Owners/Managers of 20 Plus Unit Properties C. Comments from Rental Property Owners/Managers D. Comment Letter from Washington Multi-Family Housing Association Minutes from the Community Affairs and Parks Committee of 11/14/16 12/5/16 [• 190 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: November 7, 20s6 Updated sI : h-6 _( ? - -a -v } SUBJECT: Rental Housing Update with Pest Control Requirements ISSUE Should the residential rental licensing code be updated to require proactive pest control in larger complexes? BACKGROUND Representatives from the Tukwila School District have testified at Tukwila City Council meetings that some apartments are infested with vermin, cockroaches, and bedbugs. While these complaints have not been directed to Code Enforcement staff and no actionable details have been provided, Code Enforcement reached out to the three apartment managers and owners. We found that these complexes were already doing proactive pest management. The proposed fee resolution for 2017 -18 includes new fees for late renewals, late inspections, and rentals prior to license approval. DISCUSSION The legal process for responding to a complaint of any kind in a rental unit is to first advise the tenant to complain to their landlord in writing and wait for the appropriate period of time for the landlord to respond and begin the treatment. In the case of infestations, the waiting period is 10 days. If the landlord fails to respond in that time, Code enforcement would then contact the landlord and request that they address the complaint by hiring an exterminator and providing us with a copy of their findings and the treatment plan. Since we have had the rental licensing and inspection program in full force (2013.), staff has received relatively few infestation complaints – six in the past year, all of which have had a prompt response from the landlord. Two had additional issues due to tenant hoarding and lack of cooperation, but they have been resolved. One tenant was moved to another unit so that extermination could occur. The other tenant did what was necessary for an IPM company to come in to treat the unit. Overall, the required inspections of Tukwila's 3,663 rental units have had the desired effect in addressing and correcting housing conditions. Items that are identified during the inspection process are managed at the time of inspection. The adoption of the National Healthy Housing Standard requires landlords to eliminate infestations using integrated pest management (IPM) when infestations occur. This requirement is an effective tool for dealing with infestation complaints when they arise. We recently surveyed apartment managers of the 62 complexes with 5 or more units about their pest control practices and received the following responses. 191 INFORMATIONAL MEMO Page 2 # Units Proactive Contract Yearly Cost Notes Treatment 6 No No $ 800 Service only when there is a problem 191 Yes Yes $ 4,000 Yes Yes $ 750 Multi -state Regional manager, all properties have monthly visits with follow up if needed 104 Yes Yes $ 864 2x per month with follow up if needed 114 Yes Yes $ 8,303 Quarterly spraying and monthly rodent control 120 Yes Yes $ 1,200 Monthly since 2010 109 Yes Yes $ 3,136 1x per year in each unit and as needed, monthly bait station checks 61 Yes Yes $684 Monthly service 51 Yes Yes $5 -6,000 745 units total in King County, monthly service It seems like standard practice for larger complexes to have a maintenance contract with a pest control service. We could require the 42 properties with 20 or more units to submit confirmation of an annual pest inspection and treatment plan prepared by a property manager or company trained in IPM as a condition of the annual rental housing license. This would cover 85% of the rental units in the City but only affect 7% of the landlords. After a few -ye4 s­we could evaluate whether this has reduced the nun ber -of- est cemp ts. To improve awareness about pest and rodent control among our property owners and managers we could include information with all of the 2017 rental license renewal letters. Next year we could reach out city-wide with information about tenant rights and rodent control. After a few years we could evaluate whether this has reduced the number of pest complaints. In September we notified the owners and managers of properties with 20 or more units, the Rental Housing Association of Washington, and the Washington Multi - Family Housing Association that the City was considering implementing a proactive pest control requirement, see Attachment B. Responses are listed in Attachments C and D. The draft ordinance in Attachment A also reflects procedural changes related to the fee resolution such as late fee deadlines. FINANCIAL IMPACT While there would be no direct costs, adding additional requirements to the annual licensing process will increase the amount of staff time needed to process the licenses. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the November 28, 2o16 Committee of the Whole meeting and subsequent December 5, 2o16 Regular Meeting to put these changes in place for the 2017 license renewals. ATTACHMENTS A. Draft Ordinance Amending TMC 5.o6 B. Email to Owners /Managers of 20 Plus Unit Properties C. Comments from Rental Property Owners /Managers D. Comment Letter from Washington Multi - Family Housing Association Attachment A R) M nJfA � V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §1, §2, AND §8, AND ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code (TMC) Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past six years; and WHEREAS, preventative pest control will help preserve housing conditions; and WHEREAS, the City has adopted an updated fee resolution for the 2017 and 2018 license years; and WHEREAS, this resolution includes new fees that should be referenced in TMC Chapter 5.06, "Residential Rental Business License and Inspection Program"; and WHEREAS, timely licensing renewals and inspections help the City provide efficient services; and WHEREAS, the ordinance amendments are procedural in nature, and are therefore categorically exempt from the State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.06.020 Amended. Ordinance Nos. 2459 §1 and 2281 §1 (part) as codified at Tukwila Municipal Code (TMC) Section 5.06.020, subparagraph 1., are hereby amended to read as follows: 1. "Accessory dwelling unit" or "ADU" means a unit that meets the requirements of Table 18 -Q 4-0-.-OW(2). Nq1,q_ 1 7gf. TMC Title 18TMG W: Word Processing\Ordinances\ResidentiaI Rental License/Inspection Program update strike-thru 10-10-16 NG:bjs Page 1 of 3 193 Section 2. TMC Section 5.06.040 Amended. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.040, is hereby amended to read as follows: 5.06.040 Residential Rental Business License Requirement A. Every rental unit owner shall obtain an annual residential rental business license, pursuant to Title 5 of the Tukwila Municipal Code, prior to operating, leasing or causing to be leased a rental unit. Rental unit owners must file a written application annually with the Department for each rental uPA—location to be leased. To be considered for approval, residential rental business license applications must be complete and include:. #�e 'I . Completed and signed Residential Rental Business License A igLtion p L_qD2__i�gn provided by_ the _City. 2 Aappropriate application fee as set forth in the City -s fee schedule a�c�atqq. b resolution of the..PAy Council. Late tees will be due jqLq�lica�fionsjLiled March 1st or later. This could be a _property Manager trained in IPM or a contract n with a Lest control g_ ggrn pj__y B. Failure to obtain a residential rental business license will result in the inability to rent the unit. * Section 3. TMC Section 5.06.050 Amended. Ordinance Nos. 2459 §2 and 2281 §1 (part), as codified at TMC Section 5.06.050, are hereby amended to read as follows: 5.06.050 Inspection Required The owner must obtain an inspection of each rental unit and submit the flnspection Checklist to the code official before the unit is initially occupied by a ter7ant, and in subsequent years no later than September 30 of the year the Certificate of Compliance expires. Owners of complexes with 5 or more units are required to utilize a non-City inspector who meets the qualifications defined herein and who is preapproved by the City. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non-City inspector, as defined herein. The City shall provide the Inspection Checklist to the owner with the application form. The code official shall issue a Certificate of Compliance for rental units that comply with applicable laws based on a submitted Inspection Checklist. If using a non-City inspector, the owner shall be responsible for making the inspection arrangements with the non-City inspector. Section 4. TMC Section 5.06.140 Amended. Ordinance Nos. 2459 §8 and 2281 §1 (part), as codified at TMC Section 5.06.140, are hereby amended to read as follows: 5.06.140 Certificate of Compliance Validity and Renewal Certificates of Compliance expire on December 31, four years from the date of issuance by the City. the G rnp4 _ - Failure to renew the Certificate of Compliance W: Word Processing\Ordinances\ResidentiaI Rental License/Inspection Program update strike-thru 10-10-16 NG:bjs Page 2 of 3 194 every four years shall result in the non-issuance or revocation of the rental business license for that unit. Rental properties that are registered and continue to meet all the requirements of the City's Crime-Free Rental Housing Program, or other City- administered program to certify rental properties as working proactively at crime prevention, may extend their required rental inspection schedule to once every 8 years. If participation in such program is terminated due to failure to meet program requirements or for any other reason, the rental inspection shall be due at the end of the calendar year of the year of termination or 4 years from the last inspection, whichever is later. Furthermore, if a property registered in the Crime-Free Rental Housing Program, or any other City-administered program to certify rental properties as working ng proactively at crime prevention, is the subject of 3 or more code violation complaints verified by the City in any 6-month period for violations affecting the habitability of a residential unit, the property will revert to a 4-year inspection cycle. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code. reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. ' Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this — day of 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\ResidentiaI Rental License/Inspection Program update strike-thru 10-10-16 NG:bjs Page 3 of 3 195 Nora Gierloff From: Nora Gierloff Sent: Wednesday, September 28, 2016 12:42 PM To: Nora Gierloff Cc: Laurel Humphrey; Hoa Mai Subject: Preventative Pest Control Proposal Tukwila Property Owners and Managers, Thanks to those who responded to my survey about pest management practices. The results were: # Units Proactive Contract Yearly Cost Notes Treatment 6 No No $ 800 Service only when there is a problem 191 Yes Yes $ 4,000 ? Yes Yes $ 750 Multi -state Regional manager, all properties have monthly visits with follow up if needed 104 Yes Yes $ 864 2x per month with follow up if needed 114 Yes Yes $ 8,303 Quarterly spraying and monthly rodent control 120 Yes Yes $ 1,200 Monthly since 2010 109 Yes Yes $ 3,136 1x per year in each unit and as needed, monthly bait station checks 51 Yes Yes $5 -6,000 745 units total in King County, monthly service It appears to be standard practice for larger complexes to have a maintenance contract with a pest control service. The Tukwila City Council will be reviewing a proposal to require properties with 20 or more units to submit confirmation of an ongoing pest inspection and treatment plan prepared by a company certified to perform integrated pest management (IPM) as a condition of the annual rental housing license. After a few years we would evaluate whether this has reduced the number of pest complaints. If you have specific recommendations or concerns please get back to me by October 7t''. The Community Affairs and Parks Council Committee is tentatively scheduled to consider this item at their October 24th meeting. Links to agenda materials are available the Friday before Council meetings at h t .11 w.iUi<WiI� w1a. v/ d_ -.p trnents e_jj �g cil „. Ncr al( ierlofF Deputy DCD Director City of Tukwila The City of opportunity, the community of choice. 1 196 Attachment B Comments on the Proactive Pest Control Proposal Michael J. Jansen, Principal Tecton Corporation: My thought on this process is there must be an issue somewhere that has an owner neglecting their responsibilities. Why not focus on this type of ownership versus adding costs to those that are taking care of the issue. Also why 20 units? A 20 unit that has no issues will be required to be under the focus while a 15 unit rat infested community will not. Address the non - complaint owners. Bryan Whiting, Manager Avalon Apartments This new requirement is a disservice to good, responsible landlords. I spray the exterior of the complex every 6 to 8 weeks, check bait boxes monthly and use AAA Pest Control and Extermination whenever there is a specific issue in the complex. I am fine with the City inspection requirement and in fact inspect all of the units every 6 months to keep on top of any problems. However the requirement to have an ongoing contract with a company is too big a burden when I am able to maintain the complex myself. Rob Cravens I see a lot of rats running around houses in the area of my complexes on S.142nd Street and also shopping areas like Bartell Drugs located at 14277 Pacific Hwy. S. I was curious what the city is doing about those pest issues? We are doing our part controlling pests at our complexes but it seems to me local business and houses in the area are not helping the situation as I don't see bait stations for rodents placed outside at those properties! Attachment C 197 I" October M.2O18 MULTI NonaGier�ff FAMILY Deputy DCDDimdor —�� ���.�� City OfTukwila 02OOS0ufhcenierBoulevard Tukwila, WA Re: Pest Control in Multifamily Housing Dear Nora: T: 425.656,9077 F: 42S.6,56,9087 Thank you for the opportunity to provide comment onthe recent proposal to require Integrated Pest Management (IPM) certification onanannual basis with the rental housing license for 20+ unit multifamily properties. The Washington Multi-Family Housing Association is the local affiliate of the National Apartment Association. VVe represent owners and operators of approximately 170.000 rental units in the State ufWashington. Particularly in the City of Tukwila, we represent owners and operators of 632 units in5 separate communities. The issue nf pest control came to the City ofTukwi|o'nattention by the principal of Foster High School, in August 2015. |nherpub|ictestinnonyshediocuaSedisauaavvithherk/de coming from what she described ao the "slums VfTVkvvi|a" ' with bites from nets and infestation of other insects, She mentioned the high school had decontamination stations to prevent transmission of insects through students. It is disappointing to hear children are living in housing conditions of this type. State and local laws require pest nmmnoqmrnmntcontrol in mnultifanmi|V Specifically the Residential Landlord-Tenant Act requires e landlord ho "provide a reasonable program for the control of infestation by inaecta, rodents, and other pests at the initiation of tenancy, and except in the 000a of single-family neuidenne, control infestation during tenancy except where such infestation is caused by the tenmnt." RCVV The Tukwila Municipal Code goes further, adopting, with amendments, the International Property Maintenance Code (|PK4C). The (PK4Crequires pest free environments and requires the owner of any 2+ unit multifamily dwelling be responsible for pest elimination on the exterior of the property. 30S.1et seq. Infestation that io caused by the tenant within the dwelling unit but i8 not contained by the occupant becomes the owner's responsibility, in part, aswell. Additional amendments tU the |Pk8Cbythe City Vf Tukwila include identifying ao insects bed bugs and lice. TK4C MINE 0.28.020.8.x Bed bugs and lice are not recognized bv the |PMCaepests and generally are infestations that would be caused bvotenant. The Code also requires IPM programs for all multifamily buildings, 308.7. FAMILY The survey results indicate itia the standard practice for communities with HOUSING 20 and more units to maintain pro-active treatment and n contract with a pest control company, They are already maintaining a reasonable pest control program as required by State law. #Units Proactive Treatment Contract 6 No No T: 425e569077 191 Yes Yes p:^zssseeoe7 ? Yes Yes 104 Yes Yes 114 Yes Yes 120 Yes Yes 109 Yes Yes 51 Yes Yes These communities are also professionally managed, lessening the degreehovvhiohdefocUmacondbionsmayex/at. |tis not appropriate and does not solve any existing pest control problems ho focus onlarge multifamily communities when the crux of the problem exists in smaller communities. There are existing mechanisms within the current law (o prevent the type of pest infestation the Council is seeking boremedy. What problem is being addressed by requiring a certification of * The proposal seeks to further regulate 7% of rental properties in Tukwila. What effect will o regulation have if 0396 of the nante| properties are not required to comply? Moreover the most effective remedy b] defective conditions and tothose issues identified an health and safety issues in the rental inspection ordinance is for tenants to be proactive in reporting defective conditions, including inhBmt8Uon, to their rental housing providers. Rental housing providers are best equipped to remedy adefective condition when the condition isknown. Barring tenant request to fix 8 defective condition, a F8Ot8| housing provider will not know. Finally, the Community Affairs and Parks Committee any unintended bb� consequences that may result from any new regulations imposed on multifamily properties. Namely increased rendueboinoreased regulations. VVMFHA is committed to working with our members to , comply with existing (8vv and provide an affordable and safe living FAMULTI environment to residents of the oib/ of Tukwila. FAMILY HO U' , Thank you for the opportunity to provide comment on this proposal, We look forward to further discussion and being a resource for the City of Tukwila on multifamily property issues. Sincerely, T: 425.656 F: 425s56 9087 Brett Waller Deputy Director of Government Affairs Washington Multi-Family Housing Association cc: City of Tukwila Community Affairs and Parks Committee City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 14, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Evie Boykan, Laurel Humphrey, Lynn Miranda, Robert Eaton, Rachel Bianchi, Nora Gierloff, Hoa Mai, Bob Giberson, Jack Pace, Derek Speck Guests: Nick Bratton, Forterra; Michael Murphy, King County CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESSAGENDA A. Resolution: Accepting a Land Donation Staff is seeking Council approval of a resolution that would accept a donation of 16,250 square feet of land at South 128th Street and 37th Avenue South. The land has potential to become a restored site with improvements to the Riverton CreekArea. This is supported by the PROS plan and is recommended by the Park Commission. There is a cost to the city of approximately $10,000 for Phase 1 Environmental Survey and vegetation management on site. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28, 2016 COMMITTEE OF THE WHOLE. B. Ordinance: Updating Rental Licensing Requirements Staff is seeking Council approval of an ordinance that would update the residential rental %40 business license and program requirements to reflect the new fee schedule as well as require documentation of ongoing integrated pest management for multifamily buildings with 20 or more units. The adoption of the Healthy Housing Standard last year requires landlords to eliminate infestations when they occur, and this has helped Code Enforcement staff. Staff has found that it is standard practice for larger complexes to contract for pest control maintenance. Requiring the 42 properties with 20 or more units to submit confirmation of this practice would cover 85% of the rentals in the city but not add to the City's enforcement capability. The Committee discussed the proposal and the comment letters and weighed the benefits. They expressed particular interest in education for both property owners on how to prevent pests and fortenants with regard to their rights and reporting options. The Committee recommended to move forward with the proposal but requested that staff develop and implement a coordinated effort on a broad public education campaign. If passed by Council, the implementation will be evaluated for effectiveness next year. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28, 2016 COMMITTEE OF THE WHOLE. 201