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HomeMy WebLinkAboutItem A - Housing StandardsEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: Housing Standards Meeting Date: May 24, 2004 Agenda Item Number: B Department: Planning and Development Staff Contact: MarshaMiller www. ci. eugene, or. us Contact Telephone Number: 682-5224 AGENDA ITEM SUMMARY This work session provides an opportunity for the council to review existing code provisions related to housing and provide direction to staff to move forward or not to develop local housing standards for the City of Eugene. BACKGROUND Council Action History In 1983, the City Council eliminated Eugene's Housing Code and Housing Program due to budget cuts. In 1994, the council directed staff to prepare a scoping report on general housing conditions in Eugene. In March 1995, that report (see page 2) was presented to the council. In June 1995, the council directed staff to establish a department advisory committee to develop a housing code. In February 1996, the council requested a delay of the housing code work due to staff work load. In July 1996, the council directed staff to prepare an ordinance adopting the State housing code on an interim basis. In November 1996, the council directed staff to continue work with the department advisory committee and expand the scope of the project to include tenant behavior. A draft housing code was presented to the council in November 1997 that included three options for adoption and implementation. The council referred the issue to the Council Committee on Infrastructure and Planning Services (CCIPS). In June and September 1998, the CCIPS discussed options for a housing code and determined there was no funding available to adopt housing standards. Policy Issues There are a number of policy issues to be addressed: 1. Should the City of Eugene adopt local housing standards for rental properties in the City of Eugene? 2. If the council provides direction to adopt a housing code, how will the program be funded? 3. What will the scope of the housing code be? 4. What properties should be exempted, if any? Council Goals This issue relates to the Council Goal of Healthy Natural andBuilt Environment - A community that conserves and enhances the natural environment and provides an attractive and healthy place to live. L:\CMO\2004 Council Agendas\M040524\S040524B.wpd Financial and/or Resource Considerations This would be a new program area, with no allocated resources or budget. Authorization for new staffing and General Fund expenditures might be required depending on the council's direction. Staff will prepare budget and time estimates for implementation based on that direction. Other Background Information The question of whether Eugene needs a housing code has been addressed a number of times since the housing code was eliminated in 1983. A department advisory committee worked on the issue for over a year and presented a housing code for consideration in 1997. The advisory committee also presented multiple options for funding a housing code including rental fees for landlords. The advisory committee included representation from tenant, landlord and citizen groups. The committee also was involved in extensive outreach with organizations such as the Neighborhood Leaders Council, Homeless Action Coalition, Associated Students of LCC, Rental Owners Association, Multifamily Housing Council, Citizens for Public Accountability, City Club, Chamber of Commerce, and St Vincent de Paul. 1. Need The extent of substandard housing conditions is unknown. Since there has not been a housing code for many years or any type of housing condition survey, there is no data to substantiate the current condition of housing in Eugene. The 1995 Scoping Report on Housing Conditions provided some general information on age of housing at that time which was that 60 % of Eugene's housing was constructed prior to 1969. In general, major systems in housing start to show signs of deterioration after 25 - 30 years. The report also cited a survey conducted by Lane County Housing Authority and Community Services Agency (HACSA) in 1988 that indicated 64 % of Eugene respondents rated their homes as excellent or good, 26 % average, and 10 % poor or very poor. Information from that survey is 16 years old and current information available is largely anecdotal. When the department advisory committee attempted to document the need for a housing code, its members reached the conclusion that a small number of properties comprised the majority of the problems. The City refers housing condition calls to Lane County Law and Advocacy Center (formerly Legal Aid) or private attorneys unless a structure has become so dilapidated that it is considered unsafe under Chapter 8 of the Eugene Code. City staff receive approximately 400 calls a year regarding housing in general. Many of those calls are concerning landlord/tenant issues that are referred to private attorneys or legal aid services. A handful of those calls are investigated each year for potential unsafe conditions. Of those, only one was processed as an unsafe building case in 2003. Lane County Law and Advocacy Center handled 124 habitability cases in calendar year 2003, although we do not know the specifics of those cases. In addition, Legal Services at the University of Oregon dealt with approximately 160 landlord/tenant cases, although again we do not know the specifics of those cases or if they were habitability related. 2. Current Rental Housing Information Based on 2000 Census data, there are approximately 30,000 renter-occupied housing units in the Eugene area. Approximately 8,000 of those rental units are single-family dwellings or duplexes. Attachment A shows types of housing units and rental to home ownership comparisons by neighborhood. Since the Census data is by neighborhood, it may not correspond accurately to city limits boundaries. According to more current estimates from Duncan and Brown and Associates, the L:\CMO\2004 Council Agendas\M040524\S040524B.wpd number of rental units is somewhat higher, perhaps closer to 33,000. 3. Existing Housing Related Regulations and Services Several sources of regulations and services currently apply to housing standards. The City has authority to regulate existing housing standards under Chapter 8 of the Eugene Code if the structure is determined to be "dangerous." This ordinance includes such factors as "structurally unsound which could lead to its partial or entire collapse, is especially likely to cause fire, electrical shock or asphyxiation, especially liable to cause spread of fire or contagious or infectious disease." In addition, the City also has authority to regulate certain external housing conditions through the nuisance regulations in Chapter 6 of the Eugene Code. Nuisances include open vacant structures, accumulations of garbage, trash, junk accumulations, conditions that attract rats and junk cars. The State Residential Landlord and Tenant Act includes general habitability and maintenance standards for rental units in addition to legal protections for tenants. The law is enforced through the legal system as a civil matter. For low-income renters, the Lane County Law and Advocacy Center offers assistance in understanding and enforcing the state law. For university students, the Associated Students of the University of Oregon Legal Services provides similar assistance in understanding tenant and landlord rights and responsibilities. Lane County Housing Authority and Community Services Agency (HACSA) manages public housing and Section 8 certificates and vouchers throughout Lane County. All of the units managed through HACSA's programs are inspected to meet the Federal Housing Quality Standards established by Housing and Urban Development (HUD). Other subsidized low-income housing developments are subject to the same standards. The City's Housing Rehabilitation Program assists owners of low-income rentals by providing low interest loans to repair and rehabilitate rental properties. Properties must meet Federal Housing Quality Standards after the repairs are completed. In addition to providing low interest loans, the City promotes the program by contacting owners when complaints about substandard housing are received. 4. Other Jurisdictions in Oregon Several cities in Oregon have housing codes, although they all are different. Attachment B summarizes the results of a survey, identifies which jurisdictions have housing codes, and highlights the differences of the various programs. Portland's and Medford's housing programs are supported with general fund dollars. The Salem and Corvallis programs are supported with rental fees, although Salem's program only covers multifamily units, motels, and hotels. The Corvallis Housing Code is the most recent code adopted and has been receiving a lot of attention from the Eugene Citizens for Housing Standards group. Corvallis's housing code discussions followed a similar path to the City of Eugene's discussions of housing codes over the years. Corvallis established a department advisory committee that spent several years on the code and decided not to adopt standards due to funding challenges and the lack of a documented need. Several years ago the Associated Students Association pushed for housing standards again and the city adopted the current code. Once the Corvallis City Council directed staff to move ahead with a housing code, it took three years to adopt the code and implement the program. L:\CMO\2004 Council Agendas\M040524\S040524B.wpd Implementation was funded with general fund money and cost approximately $120,000, over three years (approximately $40,000 per year). The code has been in effect for about two years. Corvallis has approximately 10,500 rental units. The Corvallis Housing Code covers four habitability standards: structural integrity, plumbing, heating, and weatherproofing. It is important to note that the Corvallis code does not cover some of the issues that have been raised in the press lately, such as peeling paint, mold or vermin. If the City Council chooses to include such additional items, the result would be an extended time frame for implementation and a more expensive program likely involving more legal review and support. In addition, these types of issues are much more difficult to evaluate and enforce. The State Residential Landlord and Tenant Act does not cover conditions like mold, peeling paint, or vermin. In order for the City of Corvallis to investigate a complaint about habitability standards regulated by the Housing Code, a number of criteria must be met. The complainant must be a tenant and have a current rental agreement. The tenant also has to supply documentation that he or she has informed the landlord of the situation and has given the landlord 10 days to correct the problem prior to filing the complaint with the city. The program is funded with rental housing fees, currently $8 per unit per year, which funds .75 FTE of a housing program specialist. That specialist handles an estimated 35 calls a month about housing standards and investigates an average of 12 cases per year. Most of the housing specialist's time is spent talking to tenants and landlords, providing public outreach and coordinating with legal services at Oregon State University. When the program began about two years ago, staff anticipated the majority of calls would be from students. The first year that was the case with approximately 55 percent of the calls coming from students and 45 percent from non- students. Now, two years into the program, those numbers have changed. So far this fiscal year, 25 percent of the calls are from students, 22 percent from landlords, and 53 percent from non-student renters. Timing If the council directs staff to move forward with development of a new housing program, a supplemental budget for FY05 would need to be prepared in the fall. OPTIONS Staff is seeking direction on whether to proceed with development of a housing code. The council has several options: 1. Direct staff to develop a housing code and housing program modeled after Corvallis's Housing Code. 2. Direct staff not to do any additional work on pursuing a housing code in Eugene. 3. Provide direction on alternatives. For example, funding alternative programs such as mediation services. Assuming a housing program has the potential to be self-supporting over time, initial seed money from the General Fund would be needed to implement the program in Eugene until a stable fee base is established, as was the case in Corvallis. Other communities, such as Portland, use a combination of general fund, fine revenues, and fees to support housing programs. In implementing the Corvallis program, City of Corvallis staff required nearly three years to adopt standards, compile databases for owners and tenants, conduct public outreach, organize staffing and L:\CMO\2004 Council Agendas\M040524\S040524B.wpd begin enforcement. The following outline illustrates how implementation could proceed in Eugene: Code Development: Prepare code language, perform legal review, set public hearing(s), and adoption. Timeline: 45-60 days Staffing: existing staff Cost: $1,000 - $2,000 attorney costs (This cost estimate assumes adopting standards in the Corvallis code. If additional standards are included, the costs would increase substantially) Implementation: Prepare administrative rules, conduct public outreach, compile data for property owners and tenants, prepare budget, develop positions, hire and train staff. Timeline: 12 months Staffing: 1 FTE Cost: $240,000 An alternative, if the council directs staff to implement a code sooner than 12 months, would be a phased implementation of a housing code. Phase 1 could include multi-family units only, as they are easier to identify, which could allow a program to be implemented as early as January 2005. Phase 2 could expand the program to include single-family dwelling units which are more difficult to identify as rental units. Ongoing Program: In place at end of implementation period, with ongoing outreach, inspections and investigations, and enforcement. Cost $200,000 - $290,000 Staffing: 2-3 FTE STAFF RECOMMENDATION None SUGGESTED MOTION Not applicable. ATTACHMENTS A. Neighborhood Housing Information B. Housing Code Survey Matrix C. Corvallis Rental Housing Code FOR MORE INFORMATION Staff Contact: Marsha Miller, Building & Permit Services Manager Telephone: 682-5224 Staff E-Mail: marsha, a.miller~ci, eugene, or.us L:\CMO\2004 Council Agendas\M040524\S040524B.wpd NEIGHBORHOOD INFORMATION Based on 2000 Census Data Eugene Eugene Total Occupied Occupied Area Area Housing Housing Housing Vacancy Single Multi- II MFG i Group Population Population Units Units Units Rate Family i Duplex family : Housing i Quarters Active Bethel Citizens i 22,689i 14.1%: 9,295: 2,636', 6,173', 5.23%', 5,406i 871', 1,157i 2103i 1 Cai Young 21,091: 13.1%: 9 938[ 4,035i 5,366i 5.40%i 5,008: 861: 4,002: 725; 4 Churchill , 13,108: 8.1%; 5,437i 2,110i 3,035i 5.37%i 3,213i 1431 2,037i 175i 1 Fairmount 2,899: 1.8%: 1,326: 521: 739', 4.98%: 1,095: 87', 147: 1: 1 Far West ~ 3,524; 2.2%: 1,712[ 1,073i 5551 4.91% 765i 197i 749i 4i 2 : ~,4~o o.9% 192; 394 3.93%~ 525~ 37 58 3 0 Santa Clara ', 16,806; 10.4%; 6,494: 1,169; 5,114 3.25%: 5,694: 468', 199; 241 3 South Universib 3,741] 2.3%: 1 871 [ 1,355~ 358 8 44%] 550; 116; 1,138; 0; 2 Trainsong , 1,775: 1.1%: 713~ 436~ 212 9.12%~ 325~ 44~ 296~ 161~ 0 U of O Campus 2,136; 1.3% 4: 4: 0: 0.00~: 2; 0; 54; 0; 2 WhJteaker , 4,454; 2.8% 2,378: 1,812; 404', 6.85%: 648: 161 ~ 1,511 ~ 40: 1 HOUSING CODE SURVEY MATRIX City/Jurisdiction Housing Code Scope of Code Funding Mechanism Complaint Driven Average # Resources~ Or Regular Inspections Annual Inspections Portland Yes Multi and single General fund, Complaint driven; small targeted area 1,200 10 housing Ed Marihart family enforcement fees, inspections inspectors 503-823-7373 property liens Medford Yes Multi and single General fund Complaint driven 100 1.0 FTE Christy Davis family building 541 - 774 -2367 inspec tot Corvallis Yes Multi and single Rental housing fees Complaint driven 12 .75 housing Kent Wise family Section 8 housing program 541-766-6944 excluded from fees 35 calls/month specialist Salem Yes Multi-family 3+; Multi-family licensing Routine inspections; every five years 6,800 1.5 housing Brady Rogers room & board; fee for apartment buildings; annually for (includes individual inspectors 503-588-6256 hotels, motels, more transient structures such as hotel units) x7408 homeless shelters hotels, shelters, etc. Albany NO2 Unsafe buildings only Gresham NO Unsafe buildings only Beaverton NOD Unsafe buildings only Roseburg NOn Unsafe buildings only Lake Oswego NO5 Unsafe buildings only Springfield NO Unsafe buildings Lisa Hopper only 541-726-3790 Eugene NO Unsafe buildings only ~ Refers to direct resources; does not include staff support or program directors. 2 Refer to Linn County 3 Refer landlord/tenant disputes to mediation, a service of the Mayor's office. Funded through General Fund and Grants. 4 Refer complaints to mediation; not part of the city. s Refer to County ATTACHMENT C Corvallis Municipal Code Chapter 9.02 Rental Housing Code Sections: 9.02.010 Title. 9.02.020 Purpose. 9.02.030 State of Oregon Residential Landlord and Tenant Act. 9.02.040 Scope. 9.02.050 Dangerous Buildings Code. 9.02.060 Severability. 9.02.070 Liability. 9.02.080 Definitions. 9.02.090 Standards. 9.02.100 Enforcement. 9.02.110 Appeals. 9.02.120 Fees. 9.02.130 Sunset. Section 9.02.010 Title. These regulations shall be known as the Corvallis Rental Housing Code, may be cited as such, and will be referred to herein as "this code." Section 9.02.020 Purpose. The purpose of this code is to provide minimum habitability criteria to safeguard-health, property and public welfare of the owners, occupants and users of residential rental buildings. Section 9.02.030 State of Oregon Residential Landlord and Tenant Act. This code is intended to supplement rather than conflict with the habitability standards of the State of Oregon Residential Landlord and Tenant Act. Section 9.02.040 Scope. 1) Except as described below, these standards shall apply to all buildings or portions thereof which are legally used for human habitation and are covered by a rental agreement. 2) Those arrangements identified in the State of Oregon Residential Landlord and Tenant Act as excluded from its authority are also exempted from this code. The following are exempted from this code either through the State of Oregon Residential Landlord and Tenant Act or in addition to it: a) Hotels, motels and lodging houses 1 Corvallis Municipal Code b) Buildings located on the Oregon State University campus c) Hospitals and other medical facilities d) Nursing homes and similar facilities e) Group SR Occupancies (Ord. 2003-32 §1, 10/20/03) Section 9.02.050 Dangerous Buildings Code. Conditions which define a building as dangerous as per the City Dangerous Buildings Code will be abated through the use of the Dangerous Buildings Code. Section 9.02.060 Severability. If any section, paragraph, subdivision, clause, sentence, or provisions of this title shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of the title, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this title notwithstanding the parts to be declared unconstitutional and invalid. Section 9.02.070 Liability. The City officials charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other related laws and ordinances shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. Section 9.02.080 Definitions. For purposes of this Chapter, the following definitions shall apply: Agent. A person authorized by another to act in his/her behalf. Building Code. The currently adopted edition of the State of Oregon Structural Specialty Code. Building Official. The City's Development Services Manager. Dangerous Buildings Code. Those provisions of the City Building Code adopted for the abatement of unsafe buildings. Dwelling Unit. A single unit providing complete independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation. For purposes of this Code, where portions of a residential building are occupied under separate rental agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion under a separate rental agreement shall be considered a dwelling unit. Habitable Room. Any room used for sleeping, living, cooking or dining purposes, but excluding closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces. Corvallis Municipal Code Group SR Occupancies. Special residences where personal care is administered and that are licensed by, or subject to licensure by, or under the authority of the Oregon Department of Human Resources or any other State agency. Mechanical Code. The currently adopted edition of the State of Oregon Mechanical Specialty Code. Plumbing Code. The currently adopted edition of the State of Oregon Plumbing Specialty Code. Rental Agreement. All agreements, written or oral, concerning the use and occupancy of a dwelling unit and premises. Rental Housing Code Board of Appeals. The 6 member board authorized by and described in Section 1.16.245 of the Municipal Code. (Ord. 2003-32 {}2, 10/20/03) Section 9.02.090 Standards. 1) Structural Integrity a) Roofs, floors, walls, foundations and all other structural components shall be capable of resisting any reasonable stresses and loads to which these components may be subjected. b) Structural components shall be of materials allowed or approved by the Building Code. 2) Plumbing a) Plumbing systems shall be installed and maintained in a safe and sanitary condition and shall be free of defects, leaks and obstructions. b) Plumbing components shall be of materials allowed or approved by the Plumbing Code. 3) Heating a) There shall be a permanently installed heat source with the ability to provide a room temperature of 68 degrees Fahrenheit three feet above the floor, measured in the approximate center of the room, in all habitable rooms. b) All heating devices or appliances shall be of an approved type. c) Ventilation for fuel-burning heating appliances shall be as required by the Mechanical Code. 4) Weatherproofing a) Roof, exterior walls, windows and doors shall be maintained to prevent water leakage into living areas which may cause damage to the structure or its contents or may adversely affect the health of an occupant. b) Repairs must be permanent rather than temporary and shall be through generally accepted construction methods. 5) Interpretations a) The Community Development Director is empowered to render interpretations of this Chapter. b) Such interpretations shall be in conformance with the intent and purpose of this code. Corvallis Municipal Code Section 9.02.100 Enforcement. 1) Authority a) The Community Development Director or his/her designee is hereby authorized and directed to enforce all the provisions of this code. 2) Complaint a) A complaint must be in writing and may be filed in person or by mail, e-mail or fax. b) A complaint must include the following: 1] name of person filing the complaint; complaints may not be submitted anonymously 2] name of the landlord 3] address of the alleged violation 4] a complete description of the alleged violation 5] a copy of the written notice of the alleged habitability violation that has been sent by the tenant to the landlord c) A person who files a complaint must be a party to the current rental agreement covering the property in question or an agent of this party. d) Complaints will be processed by Housing Division staff using an administratively adopted written procedure which includes the following: 1] confirmation that the complainant has standing to file a complaint 2] confirmation that the subject of the complaint, if confirmed, would be a violation of this code 3] confirmation that the landlord has had seven days, plus three days for mailing per ORS 90.150(3), since mailing of the written notice by the tenant to respond to the complaint 4] notification of the landlord by Housing Division staff of the complaint per written procedures. 3) Investigations a) Investigations will be initiated only after the above process has been followed. b) Housing Division staff will conduct an investigation to confirm the validity of the complaint. c) If the complaint is determined to be not valid, the case will be closed and all parties notified. d) If the complaint is determined to be valid, Housing Division staff will issue a notice and order. 4) Inspection and Right of Entry a) When it may be necessary to inspect to enforce the provisions of this code, Housing Division staff, in accordance with administrative policy, may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, Housing Division staff shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, Housing Division staff shall have recourse to the remedies provided by Municipal Code Chapter 1.15 to secure entry. 5) Notices and Orders a) For valid complaints, Housing Division staff shall issue a notice and order to the 4 Corvallis Municipal Code landlord. The notice and order shall include the following: 1] street address 2] a statement that Housing Division staff has found the premises to be in violation of this code as alleged in the complaint 3] a thorough description of the violation 4] statements advising the landlord that if the required repairs are not completed within seven days, plus three days for mailing from the date of the notice and order, then Housing Division staffwill: a] record the notice and order against the property b] coordinate the issuance of a citation to the landlord to appear in Municipal Court c] initiate action to recover all City costs associated with the processing of the complaint, investigation and the resolution of the issue 5] statements that the landlord may appeal the notice and order as specified in this code. 6] the date by which the repairs must be completed and a reinspection scheduled. b) The Notice and Order, and any amended or supplemental notice and order, shall be posted on the premises and shall be served to the landlord by first class mail. 6) Failure to Comply a) If there is no compliance with the Notice and Order by the specified date, Housing Division staffwill: 1] coordinate the issuance of a citation to the landlord to appear in Municipal Court 2] record the Notice and Order against the property with all recording costs to be the responsibility of the landlord 3] initiate an accounting for all costs associated with the processing of the complaint, investigation and the resolution of the issue with the intent of recovering these costs from the landlord 7) Compliance a) Upon compliance with the Notice and Order Housing Division staffwill issue a Notice of Compliance to the landlord and the complainant. b) Ifa Notice and Order was recorded against the property, Housing Division staff will record the Notice of Compliance against the property. c) If an accounting was initiated for all costs associated with the processing of the complaint, investigation and the resolution of the issue, Housing Division staff will proceed with collecting these costs from the landlord using adopted City procedures. 8) Penalties a) Any person violating any of the provisions of this code shall, upon court conviction thereof, be punished by a fine not to exceed $250.00 per violation. Each day that a violation exists is a separate offense. Section 9.02.110 Appeals. 1) Rental Housing Code Board of Appeals a) In order to hear and decide appeals of orders, decisions or determinations made Corvallis Municipal Code by the Community Development Director relative to the application and interpretation of this code, there shall be and is hereby created a Rental Housing Code Board of Appeals consisting of members who are qualified by experience and training to pass on matters pertaining to this code and who are not employees of the jurisdiction. The Housing Division Manager shall be an ex officio member of and shall act as secretary to the board but shall have no vote on any matter before the board. The Rental Housing Code Board of Appeals shall be appointed by the Mayor and shall meet as required to carry out its duties. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Community Development Director. b) The Rental Housing Code Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 2) Filing of Appeal a) Any person upon whom a notice and order is served under this code shall have the right of appeal from the notice and order to the Rental Housing Board of Appeals. An appeal must be submitted to the Community Development Director within seven days, plus three days for mailing, from the date of the notice and order. 3) Appeal Fee a) Any appeal submitted under this chapter shall include a $50.00 filing fee. 4) Scope of Appeal a) Appeals may be filed regarding notices, orders, interpretations and decisions made by the Community Development Director relative to this code. 5) Form of Appeal a) An appeal must be in writing and include the following: 1] name of person filing the appeal 2] copy of the notice and order 3] copy of the section of this code which is being appealed 4] a complete explanation of the appeal 5] what is requested of the Rental Housing Board of Appeals 6) Appeal Procedure a) The Community Development Director shall confirm that the appeal meets the filing criteria. b) If the filing criteria have not been met, the person filing the appeal will be so notified and the Rental Housing Board of Appeals will not be convened. The Community Development Director, at his/her discretion, may extend the filing deadline by an additional three (3) days to allow the appellant to resubmit an appeal that has been deemed incomplete. Only one extension may be granted. c) If the filing criteria is met, the Community Development Director shall schedule a meeting of the board within 30 days of the filing of the appeal. The hearing shall be held not later than 30 days after the filing of the appeal. Section 9.02.120 Fees. 1) For the purpose of offsetting costs to the City associated with the enforcement of this code there is hereby imposed an annual fee, to be set by the City Council, for each dwelling unit covered by a rental agreement. The total annual fee for fraternities, sororities, and other similar 6 Corvallis Municipal Code group living structures will be calculated based on the occupancy capacity of each structure divided by the U.S. Census-determined average household size of renter-occupied units, multiplied by the annual per-unit fee. 2) The following unit types, while subject to the standards, enforcement procedures, and other requirements established in this Chapter, shall be exempt from the fee payment requirements of this Section: rentals with a recorded deed restriction requiring the units to be rented affordably to households at or below 50% of the Area Median Income; rentals under contract with a public agency that requires the rental to be inspected at least annually and verifies that the dwelling is rented to a low income household; and rentals designated as senior or disabled housing by a public agency. 3) The landlord is responsible for paying the annual fee upon written request. 4) Failure to pay the fee as requested will subject the landlord to the following actions: a) A penalty fee of $100.00 will be assessed to the landlord for each unpaid per unit fee if the annual fee is not paid by the date specified in the written request for payment. b) The City will initiate appropriate action to collect the fees due and all costs associated with these actions will be assessed to the landlord. c) Appropriate action may include placing a lien on the property. (Ord. 2003-32 {}3, 10/20/03) Section 9.02.130 Sunset. Unless otherwise specifically authorized by affirming action of the City Council this Code, in its entirety, shall sunset on June 30, 2006.