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Home My WebLink About03/10/1982 City Council 0010 90 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MARCH 10, 1982 A WORK SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Scott North, Acting Mayor Larry Sample, Councilman Norman Adeler, Councilman Charlie Parker, Councilman Charles Dodds, Councilman and with no members absent; thus, a quorum was established. 1. DISCUSSION OF RESIDENTIAL CERTIFICATE OF OCCUPANCY PROCEDURES Prior to beginning of this work session, Acting Mayor North read two letters from landlords Marqaret Carter and Carl R. Fisher expressing their support of housing inspections and requesting that these controls also apply to homeowners as well as rental homes. Mr. Bradburry, Director of Community Development, advised the Council that he had spoken with aMrs. McCormick who owns eleven rent homes in The Colony. She advised that she and some of her friends who also own rental homes in The Colony expressed support of housing controls for property owners as well as renters. Acting Mayor North expressed his surprise and pleasure at this response. At this time, Dan Savage, City Manager, suggested that the Council discuss the questions presented to them in a memorandum as a format for this work session. The Council agreed and after a lengthy discussion agreed on the following answers: Question 1: Do you want to regulate rental property or all property? They agreed all property will be regulated. Question 2: Do you want to regulate single family and duplex houses or all types of housing units? They agreed that these regulations would apply to anything that has eight or less living units. Question 3: Do you want to establish a minimum housing code? Councilman Sample suggested that this be considered last. The City Council agreed later to establish this code. Question 4: Do you want to inspect on: (a) Complaint basis, (b) On change of ownership, (c) On change of occupancy, (d) On annual basis (or other interval)? The City should inspect after a change of occupancy and on a complaint basis and the procedure should be established by the staff. Question 5: Do you want to require a certificate of occupancy: (a) On change of ownership, (b) On change of occupancy? The certificate will be required on a change of occupancy. Question 6: Do you want to inspect: (a) Exterior of dwelling unit, (b) Interior of dwelling unit? Both the outside and inside should be inspected, they agreed. -1- OO1O91 Question 7: On exterior inspection, should the focus be on: (a) Health & sanitation, (b) Structural conditions, (c) Aesthetic appearance, (d) Availability of facilities, such as garage, two off-street parking spaces and gate in rear yard fence? The Council agreed that health and sanitation and structural conditions should be inspected. If defined properly, basic aesthetic appearance should be inspected, but landscaping will be omitted from this process. The Council agreed to omit garages from this process; they agreed that two off-street parking spaces should be included, and they requested an attorney's opinion regrding a gate requirement in the rear yard. Question 8: On interior inspection, should the focus be on: (a) Health & sanitation (plumbing), (b) Structural conditions, (c) Aesthetic appearance, (d) Electrical, mechanical systems? They agreed all four areas should be inspected. Structurally only the major faults that will effect the health, safety and general welfare of the inhabitants should be of concern in this inspection and only that the electrical and mechanical systems operate--not the degree of the operations. At this time, there was a lengthy discussion regarding when the utilities will be cut off or turned back on and when this inspection could be made. Question 9: Should interior inspections be designed to: (a) Detect problems related to availability of needed facilities & services, (b) Identify precise problems with structure or systems in dwelling unit? The Council agreed that the inspector will be concerned with Item (a). Question 10: Who should perform inspections: (a) Licensed City inspector, (b) City employee, (c) Outside inspector, such as FHA or VA approved inspector or bonded inspector? The Building Official or his appointed designee and inspections from FHA and VA inspectors will be accepted if available. Question 11: When should inspection be performed, if a certifi- cate of occupancy is required: (a) Prior to occupancy, (b) Wtihin one week after occupancy, (c) Prior to change of ownership, (d) Within one week after change of ownership. The home will be inspected prior to occupancy. Question 12: When should City inspectors be available? (a) 8 to 5 Monday through Friday, (b) After hours on weekdays, (c) On weekends. Inspectors will work from 8 to 5 Monday through Friday. Question 13: If certificates of occupancy are required, should temporary certificates be issued: (a) Before exterior problems are corrected, (b) Before interior problems are corrected, (c) Before health & sanitation problems are corrected, (d) Before structural problems are corrected, (e) Before electrical & mechanical problems are corrected, (f) Before aesthetic problems are corrected. At the end of the meeting, the Council came back to this question, reviewed it, and agreed that no temporary certificates of occu- pancy will be issued. Question 14: If problems are detected during inspection: (a) Should utility service be turned off, (b) Should deadline for correction be set, with citation issued if compliance not achieved by deadline, (c) Should City take legal action in District Court? -2- 001092 The Council concurred on Item (b). Question 15: Should burden for correcting problems fall on: (a) Owner, (b) Occupant? Item (a), the owner will be responsible for all repairs. Question 16: Should City refuse to allow new occupant to move in until all problems are corrected? The Council agreed that as a practical matter they could not deny their right to move in to the home.* Question 17: Should a fee be charged for a certificate of occupancy? (a) If inspection performed by City, (b) If inspection performed by outside inspector. A fee should be charged in both cases, the Council agreed. Question 18: Should new inspection be required if last certificate of occupancy was issued within: (a) Last 3 months, (b) Last 6 months, (c) Last year, (d) Last 2 years? All changes in occupancy require an inspection regardless of time period. Question 19: Should inspection fee be: (a) Flat charge, (b) Hourly rate? A flat charge should be charged based on the fee structure in the Uniform Building Code. Question 20: Should fee be based on: (a) Cost recovery, (b) Percentage of cost recovery? A cost recovery fee structure was agreed upon by the Council. Question 21: Should appeals of Inspector decisions be presented to: (a) Special housing board of appeals, (b) Present Board of Adjustment & Appeals? After discussion, the Council agreed that an appeal procedure should be established to the present Board of Adjustment & Appeals. Question 22: Should owners/occupants be allowed to appeal: (a) All decisions of Inspector, (b) Certain decisions relating to: 1. Structure 2. Plumbing system 3. Electrical system 4. Mechanical system 5. Aesthetic issues 6. Nuisances 7. Health & sanitation issues After discussion, the Council was concerned with the legal aspects of an appeal process and suggested that the attorney give them an opinion on the proper process, action that the City can initiate (utility cut off) and a fine process for violators. It was the final consensus that there would be no appeal process through the City and that a fine structure similar to the one established by the City of Farmers Branch should be reviewed. There being no further discussion, Councilman Dodds made a directive motion to have the staff prepare the ordinances according to the above provisions and develop a fee structure to be presented at the next meeting. Councilman Sample seconded this motion. Mr. Savage advised that it will create a timing problem to have this ready by the next Council meeting. After discussion, Coun- -3- * They agreed to refer this to the attorney. 001093 cilman Parker moved to amend the motion to request that this be completed "as soon as possible". Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Acting Mayor North then called for a vote on the main motion as amended. The motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None There being no further action to be taken, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Acting Mayor North adjourned the meeting at 10:22 p.m. SC~T NORTH, A ATTEST: JAN~~ '~A}[~OL~L ~RETARY ~ -4-