HomeMy WebLinkAboutItem 5: Ordinance Expanding Rental Housing Code Language
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Ordinance Concerning Rental Housing Standards; Amending Section 8.425 of
the Eugene Code, 1971
Meeting Date: April 27, 2009 Agenda Item Number: 5
Department: Planning and Development Staff Contact: Rachelle Nicholas
www.eugene-or.gov Contact Telephone Number: 682-5495
ISSUE STATEMENT
The City Council is scheduled to take action on a proposed ordinance that would add language to
existing code to address the source of mold in rental housing.
BACKGROUND
In October 2007, the City Council directed staff to draft code language to address mold, security and
smoke detectors in rental housing. Subsequent council action removed mold language from the
ordinance to allow time for further review and public input.
Following council direction, the Planning and Development Department formed a six-member advisory
committee to discuss the topic and obtain public input. After meeting and hearing public testimony, the
committee recommends adding language to the existing code standards to address the source of the mold
rather than the existence of mold. The experts advised the committee that visible mold was a sign of
water intrusion. The committee believes it would be most beneficial to regulate the cause of the mold
rather than the presence of mold by itself. The proposed language provides that serious visible mold will
be treated as a symptom of water intrusion caused by faulty weatherproofing, plumbing or structural
integrity. The proposed ordinance does not prohibit the presence of mold.
A public hearing was held April 20, 2009, on the proposed ordinance. Four people testified at the
hearing and additional testimony was submitted to staff. Two opposed the proposal and three were
supportive. Two themes of concern came from the testimony. One concern is the subjective nature of
the phrase “significant” visible mold. The committee spent considerable time on this point and it was
after evaluation of other programs (e.g. San Francisco, Gresham, and Stockton) that they found comfort
with the term “significant” visible mold. Experience by these agencies indicates that legitimate mold
problems are obvious to the knowledgeable observer. Property owners are anxious that they may
become responsible for abatement of mold based on a subjective determination that the mold is
“significant” and this may be applied to a range of trouble spots like window tracks and shower
enclosures. Experience of other jurisdictions shows this not to be the case.
The second concern is whether excess fees are retained within the Rental Housing Code budget or if
unspent funds are absorbed into the general fund. Excess revenues continue to be tracked and rolled
forward annually toward next year’s operating budget. The money is not used for other general fund
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purposes. There may be an element of confusion because the program budget has been within the
general fund since the program’s inception, but excess revenue is accounted for and dedicated to the
Rental Housing Code program, rather than becoming absorbed by the larger general fund. The proposed
FY10 budget calls for establishing a separate fund to more clearly account for these revenues and
expenses.
These concerns will continue to be discussed with the ongoing Department Advisory Committee.
RELATED CITY POLICIES
Chapter III, Existing Housing Supply and Neighborhoods, Policy A.25 of the Eugene-Springfield
Metropolitan Area General Plan 2004 update: Conserve the metropolitan area’s supply of existing
affordable housing and increase the stability and quality of older residential neighborhoods, through
measures such as revitalization; code enforcement; appropriate zoning; rehabilitation programs;
relocation of existing structure; traffic calming; parking requirements; or public considerations. These
actions should support planned densities in these areas.
COUNCIL OPTIONS
The City Council may consider the following options:
1.Approve the proposed ordinance.
2.Approve the proposed ordinance with modifications.
3.Take no action allowing the program standards to remain unchanged.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council adopt the proposed ordinance.
SUGGESTED MOTION
Move to adopt an ordinance concerning rental housing standards; amending Section 8.425 of the Eugene
Code, 1971.
ATTACHMENTS
A.Proposed Rental Housing Code Ordinance
FOR MORE INFORMATION
Staff Contact: Rachelle Nicholas
Telephone: 682-5495
Staff E-Mail: rachelle.d.nicholas@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING RENTAL HOUSING STANDARDS;
AMENDING SECTION 8.425 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 8.425 of the Eugene Code, 1971, is amended to provide as
follows:
8.425 Rental Housing – Standards.
(1)
Structural Integrity. Roofs, floors, walls, foundations and all other
structural components shall be capable of resisting loads
prescribed by the building code in effect at the time of construction.
(2)
Plumbing.
(a) Plumbing systems shall be maintained in a safe and sanitary
condition and shall be free of defects, leaks and
obstructions. The presence of significant visible mold
may be a symptom of faulty plumbing, however, the
presence of mold, by itself, is not a violation for
purposes of sections 8.400 through 8.440 of this code.
(b) Repairs must be permanent rather than temporary and
shall be through generally accepted plumbing methods.
If significant visible mold results from faulty plumbing,
repairs must include removing the mold, which may
include mold on or in interior walls, sheetrock,
insulation, floors, carpets or carpet backing.
(3)
Heating.
(a) A permanently installed heat source able 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. Portable space heaters shall not be used to
achieve compliance with this section.
(b) All heating devices or appliances shall conform to applicable
law at the time of installation.
(c) Ventilation for fuel-burning heating appliances shall be as
required by the Mechanical Code at the time of installation.
(4)
Weatherproofing.
(a) Roof, exterior walls, windows and doors shall be maintained
to prevent water intrusion into the building envelope
[leakage into living areas] which may cause damage to the
structure or its contents or may adversely affect the health of
an occupant. The presence of significant visible mold
Ordinance - Page 1 of 3
ATTACHMENT A
may be a symptom of faulty weatherproofing, however,
the presence of mold, by itself, is not a violation for
purposes of sections 8.400 through 8.440 of this code.
(b) Repairs must be permanent rather than temporary and shall
be through generally accepted construction methods. If
significant visible mold results from faulty
weatherproofing, repairs must include removing the
mold, which may include mold on or in interior walls,
sheetrock, insulation, floors, carpets or carpet backing.
(5)
Security. Doors and windows leading into a dwelling unit must be
equipped with locks and shall be maintained in a condition so as to
restrict access into the dwelling unit.
(6)
Smoke detectors. Every dwelling unit shall be equipped with an
approved and properly functioning smoke alarm or smoke detector
installed and maintained in accordance with the state building code,
ORS 479.270, 479.275, and 479.285, and applicable rules of the
State Fire Marshal.
(7)
Interpretations.
(a) The city manager is empowered to render interpretations of
sections 8.400 through 8.440 of this code.
(b) Such interpretations shall be consistent with the purpose of
this code.
Section 2.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Section 3.
Section 5 of Ordinance No. 20329 was amended by Ordinance No.
20408 by extending the automatic sunset and repeal of Ordinance No. 20329 and the
Rental Housing Code (Eugene Code Sections 8.400 – 8.440, 8.995) to December 31,
2011. This Ordinance and Eugene Code Section 8.425 shall also automatically sunset
and be repealed on December 31, 2011. The City Recorder is requested to note the
sunset date on appropriate City logs and to append a copy of this Ordinance to
Ordinance Nos. 20329 and 20408.
Ordinance - Page 2 of 3
ATTACHMENT A
Passed by the City Council this Approved by the Mayor this
_____ day of ________________, 2009 ____ day of ________________, 2009
_____________________________ ______________________________
City Recorder Mayor
00219531.DOC;5
Ordinance - Page 3 of 3