HomeMy WebLinkAboutItem 4: Ordinance on Rental Housing Code
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Extending the Rental Housing Code
Meeting Date: June 11, 2012 Agenda Item Number: 4
Department: Planning & Development Staff Contact: Stuart Ramsing
www.eugene-or.gov Contact Telephone Number: 541-682-6801
ISSUE STATEMENT
The City Council is scheduled to take action on an ordinance that would extend the Rental Housing
Code. Two options exist: one to remove the current sunset and replace it with a required work session
every four years, and a second option that was prepared in response to comments at the public hearing
and that retains the sunset provision and extends it four years to September 30, 2016.
BACKGROUND
The Rental Housing Code went into effect in 2005, with a three-year sunset. It has been extended twice,
both times for three-year periods. In fall 2011, the code was extended for an additional nine months,
during which time staff worked with the Housing Policy Board (HPB) developing recommendations for
the future. Recommendations were presented at the council’s April 18, 2012, work session.
At the work session, the council directed staff to:
a.Proceed with a public hearing on a draft ordinance that continues the program by eliminating the
sunset provision and instead requires a mandatory discussion every four years; and
b.Continue discussion with the HPB committee and bring back recommendations to the council in
fall 2012.
An ordinance was prepared for a May 21, 2012, public hearing where a majority of those speaking
requested that the sunset be retained in line with the Housing Policy Board and City Manager
recommendation. A desire to reinstate the sunset provision was also expressed by four of the councilors
present, but no formal direction was provided at the hearing. In anticipation that the sunset provision
may again be considered as part of the council’s final action, an additional ordinance was drafted and
attached to this summary.
Ordinance option 1 removes the sunset and instead requires a work session every four years. Option 2
extends the sunset date to September 30, 2016. Both options include the same changes that will allow
multi-year billing if it is determined to be fiscally prudent.
RELATED CITY POLICIES
The Rental Housing Program connects with four of the five council goals, including: Safe Community,
Sustainable Development, Effective, Accountable Municipal Government and Fair, Stable and Adequate
S:\CMO\2012 Council Agendas\M120611\S1206114.doc
Financial Resources. The more general topic of rental housing is also addressed in the ongoing Envision
Eugene work and the Climate and Energy Action Plan.
COUNCIL OPTIONS
Ordinance option 1 removes the sunset date and replaces it with a work session every four years.
Ordinance option 2 retains the sunset and extends it to September 30, 2016.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of Ordinance option 2, retaining the sunset and extending it to
September 30, 2016.
SUGGESTED MOTION
I move to adopt Council Bill 5073, an ordinance extending the rental housing code sunset date to 2016,
and making other amendments.
ATTACHMENTS
A. Ordinance Option 1: Removes Sunset Date
B. Ordinance Option 2: Extends Sunset Date to September 30, 2016
FOR MORE INFORMATION
Staff Contact: Stuart Ramsing
Telephone: 541-682-6801
Staff E-Mail: Stuart.G.Ramsing@ci.eugene.or.us
S:\CMO\2012 Council Agendas\M120611\S1206114.doc
ATTACHMENT A
Option 1: Removes Sunset Date
ORDINANCE NO. ________
AN ORDINANCE CONCERNING THE RENTAL HOUSING CODE; AMENDING
SECTION 8.440 OF THE EUGENE CODE, 1971; AND REPEALING THE
RENTAL HOUSING CODE SUNSET DATE.
The City Council of the City of Eugene finds as follows:
A.
Sections 8.400 through 8.440, and 8.995 of the Eugene Code, 1971, (“the Rental
Housing Code”) were adopted by Ordinance No. 20329 on November 22, 2004. Ordinance No.
20329 also provided that the Ordinance and the Rental Housing Code be repealed effective
December 31, 2008.
B.
On May 27, 2008, Ordinance No. 20408 extended the sunset date to December
31, 2011. On November 28, 2011, Ordinance No. 20480 extended the sunset date to
September 30, 2012.
C.
The Council has determined that the sunset date of the Rental Housing Code
provisions should be repealed and that revisions be made to the Eugene Code to allow for
flexibility of the billing process.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 8.440 of the Eugene Code, 1971, is amended to provide as follows:
8.440Rental Housing – Registration and Fees
.
(1)
All rental housing not excluded under 8.410(2) shall be registered with the city
on a form and in a manner to be determined by the city manager.
(2)
For the purpose of offsetting the costs to the city associated with the
enforcement of this code, the city manager, using the process contained in
section 2.020 of this code, shall set a[n annual] fee for each dwelling unit
covered by a rental agreement.
(3)
The following unit types, while subject to the standards, enforcement
procedures, and other requirements established in sections 8.400 through
8.440 of this code, shall be exempt from the fee payment requirements:
(a) Rentals with a recorded deed restriction requiring the units to be rented
affordably to households at or below 60 percent of the Area Median
Income; and
(b) Rentals that have been approved by the city for an exemption from
property taxes pursuant to sections 2.910 to 2.922 and 2.937 to 2.940 of
this code or that are recognized by the city as exempt from property
taxes pursuant to ORS 307.092.
(4)
The owner or the owner’s agent shall be responsible for paying the [annual]
fee. The total [annual] fee shall be paid for any dwelling unit which is covered
by this Rental Housing Code for any portion of [that calendar year] a billing
period, and no refunds will be provided after fees are paid if a dwelling
unit:
(a)
Ceases to be a rental; or
Ordinance - Page 1 of 2
ATTACHMENT A
Option 1: Removes Sunset Date
(b)
Changes ownership.
(5)
For each month in which the [annual] fee is not paid by the date specified in
the written notice of payment, a penalty shall be assessed to the owner or the
owner’s agent. The amount of the penalty shall be set [by administrative rule
by using the process contained in] pursuant to section 2.020 of this code.
(6)
The city manager may initiate appropriate action to collect the fees due. All
costs associated with these actions, including attorney fees, may be assessed
to the owner or the owner’s agent.
Section 2.
The sunset date of the Rental Housing Code provisions is repealed.
Section 3.
Copies of this Ordinance shall be appended to Ordinance Nos. 20329,
20408, and 20480.
Section 4.
Beginning in 2016, and every four years thereafter, the City Manager shall
schedule a work session for Council discussion of the Rental Housing Code.
Passed by the City Council this Approved by the Mayor this
_____ day of ___________, 2012. _____ day of __________, 2012.
City Recorder Mayor
Ordinance - Page 2 of 2
ATTACHMENT B
Option 2: Extends Sunset Date to September 30, 2016
ORDINANCE NO. ________
AN ORDINANCE CONCERNING THE RENTAL HOUSING CODE; AMENDING
SECTION 8.440 OF THE EUGENE CODE, 1971; AND EXTENDING THE
RENTAL HOUSING CODE SUNSET DATE.
The City Council of the City of Eugene finds as follows:
A.
Sections 8.400 through 8.440, and 8.995 of the Eugene Code, 1971, (“the Rental
Housing Code”) were adopted by Ordinance No. 20329 on November 22, 2004. Ordinance No.
20329 also provided that the Ordinance and the Rental Housing Code be repealed effective
December 31, 2008.
B.
On May 27, 2008, Ordinance No. 20408 extended the sunset date to December
31, 2011. On November 28, 2011, Ordinance No. 20480 extended the sunset date to
September 30, 2012.
C.
The Council has determined that the September 30, 2012 repeal date of the
rental housing code should be extended for four years, and that revisions be made to the
Eugene Code to allow for flexibility of the billing process.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 8.440 of the Eugene Code, 1971, is amended to provide as follows:
8.440Rental Housing – Registration and Fees
.
(1)
All rental housing not excluded under 8.410(2) shall be registered with the city
on a form and in a manner to be determined by the city manager.
(2)
For the purpose of offsetting the costs to the city associated with the
enforcement of this code, the city manager, using the process contained in
section 2.020 of this code, shall set a[n annual] fee for each dwelling unit
covered by a rental agreement.
(3)
The following unit types, while subject to the standards, enforcement
procedures, and other requirements established in sections 8.400 through
8.440 of this code, shall be exempt from the fee payment requirements:
(a) Rentals with a recorded deed restriction requiring the units to be rented
affordably to households at or below 60 percent of the Area Median
Income; and
(b) Rentals that have been approved by the city for an exemption from
property taxes pursuant to sections 2.910 to 2.922 and 2.937 to 2.940 of
this code or that are recognized by the city as exempt from property
taxes pursuant to ORS 307.092.
(4)
The owner or the owner’s agent shall be responsible for paying the [annual]
fee. The total [annual] fee shall be paid for any dwelling unit which is covered
by this Rental Housing Code for any portion of [that calendar year] a billing
period, and no refunds will be provided after fees are paid if a dwelling
unit:
(a)
Ceases to be a rental; or
Ordinance - Page 1 of 2
ATTACHMENT B
Option 2: Extends Sunset Date to September 30, 2016
(b)
Changes ownership.
(5)
For each month in which the [annual] fee is not paid by the date specified in
the written notice of payment, a penalty shall be assessed to the owner or the
owner’s agent. The amount of the penalty shall be set [by administrative rule
by using the process contained in] pursuant to section 2.020 of this code.
(6)
The city manager may initiate appropriate action to collect the fees due. All
costs associated with these actions, including attorney fees, may be assessed
to the owner or the owner’s agent.
Section 2.
The sunset date and repeal of Ordinance Nos. 20329, 20408, 20480, and
this Ordinance is September 30, 2016.
Section 3.
Copies of this Ordinance shall be appended to Ordinance No. 20329, 20408
and 20480.
Section 4
. Notwithstanding Section 2 of this Ordinance, any enforcement actions
commenced to enforce the rental housing code provisions prior to September 30, 2016, may
continue to be pursued, and the provisions related to such enforcement actions shall remain in
effect with respect to those actions. In addition, any fees owed to the City under the provisions
of the rental housing code remain due and owing, and all provisions related to those fees and
their collection shall remain in effect with respect to those fees.
Passed by the City Council this Approved by the Mayor this
_____ day of ___________, 2012. _____ day of __________, 2012.
City Recorder Mayor
Ordinance - Page 2 of 2