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HomeMy WebLinkAbout02-25-19 Health and Public Safety g13TH' a a 4 -N 1 -PEACE to % ---,,,,,,Z61„,,,0* OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK HEALTH &PUBLIC SAFETY FEBRUARY 25, 2019 4:28 P.M. Committee Members Present: Jo M. Broden, John Voorde, Karen White, Oliver Davis Committee Members Absent: None Other Council Present: Tim Scott, Jake Teshka, Gavin Ferlic, Regina Williams- Preston, Sharon L. McBride (late) Other Council Absent: None . Others Present: Kareemah Fowler, Graham Sparks, Bob Palmer Presenters: Suzanna Fritzberg, Tracy Skibins,Jamie Morgan, Tom Panowicz, Marlaina Johns Agenda: Bill No. 03-19-New Article 14 to Chapter 6 of the South Bend Municipal Code Rental Safety Verification Program Committee Chair Jo M. Broden called to order the Health and Public Safety Committee meeting at 4:28 p.m. She introduced members of the Committee and opened the floor to main motions. Committeemember Oliver Davis made a motion to recess and reconvene in the full Council Chambers. Committeemember John Voorde seconded this motion which carried by a voice vote of four(4) ayes. The Health and Public Safety Committee reconvened in the full Council Chambers at 4:33 p.m. Committee Chair Broden presided with four (4) Committee Members present. Council President Tim Scott announced, I would like to ask Councilmember Davis to allow ten (10)more minutes to this Committee since we are ten (10)minutes behind. Committeemember Davis stated, I'm at peace. Council President Tim Scott continued, So, the Zoning and Annexation Committee will start at 5:02 p.m. So, Committee Chair Broden, you have until 5:02 p.m. Thank you. Committeemember Karen White made a motion to accept the second (rd) substitute version of Bill No. 03-19. Committeemember Voorde seconded this motion which carried by a voice vote of four(4) ayes. INTEGRITY' SERVICES ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.TIRADo JOSEPH R.MOLNAR CHIEF DEPIiTY/DURECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.9173 I www.southbendin.gov CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Broden then gave the floor to the presenters. Substitute Bill No. 03-19- New Article 14 to Chapter 6 of the South Bend Municipal Code Rental Safety Verification Program Suzanna Fritzberg, Deputy Chief of Staff and Policy Director to the Mayor of South Bend with offices located on the 14th floor of the County-City Building, stated, I will quickly introduce the other folks that will be playing a formal role in this presentation. Tracy Skibins is the Director of Code Enforcement, Jaimie Morgan is a Project Manager in the Office of the Mayor, Marlaina Johns is the Deputy Director of Code Enforcement, Tom Panowicz is a City Attorney and Jim Wood is the Chief Inspector for Code Enforcement. I know we've had the opportunity to discuss this program in meetings already, so I will narrow in on three (3) things I would like to focus on in this presentation. Although, certainly, I invite you to ask questions on any facet you would like clarification on. First (1st), I want to give a reminder of why we are looking at this policy. We know our existing complaint-based system does not help vulnerable tenants, and we also know we have a public health crisis with regard to lead poisoning in South Bend. I then want to make sure you have before you a more thoroughly explained implementation plan which reflects changes made in response to community feedback. Finally, I want to clearly explain the additional amendments we are proposing in response to community feedback. She continued, So, to begin, we know rentals account for about forty percent(40%)of housing in the City. We also know that access to safe and affordable rental housing is consistently cited as an issue that residents face and is something that is a top priority for a number of our service providers. Our proposal today is grounded in the goal of improving the safety of rental housing in South Bend, particularly for families with children, by verifying the compliance with existing safety standards through proactive inspection. I want to highlight for you that we know there has been a lot of research in recent decades demonstrating the links between housing safety and resident health. We know this involved both lead and mold issues that are related to chronic public health conditions, but there are also acute dangers like fire safety. We have in attendance Fire Chief Steven Cox and Fire Marshall Rodriguez. We consulted with them on the design of this program. As well, we have endorsements from the Board of Health and the Lead Affinity Group which include public health faculty and workers. With specific regard to lead, and as Council is aware, we have a growing tool kit that involves expanding access to testing.We partnered with the schools to do that. An early alert system can prompt providers to test children in their care. As of two (2) months ago, we won almost $3 million in State and Federal funding for lead control and remediation. But, what we don't have is an effective way to make sure that those that are statistically at the highest risk of lead poisoning,low-income children, aren't living in housing that permanently damages their health,mental capacity and future earnings. She went on, For those that have engaged in public service in South Bend for a number of years, we know attention has waxed and wained from time to time in the news. But even if we receive the maximum Federal HUD grant, every cycle, for the next hundred years, we still would not be able to get rid of lead paint in South Bend and we wouldn't be able to get rid of lead poisoning. So,while we work to expand testing and home repair services,we also need to consider regulatory intervention to ensure that existing safety standards, safety standards that are already in the law, are upheld. We know, based on examples from other places such as Rochester, New York and Baltimore, Maryland, rental inspections can be a key tool in reducing child lead poisoning. You will hear at the evening meeting from the Director of the Green and Healthy Homes Initiative. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building',227 W.Jefferson Bvld South Bend,Indiana 466011p 574.235.9221,f 574.235.9173 110574.235.5567 www.southbendin.gov 2 CITY OF SOUTH BEND I OFFICE OF TH E CLERK That is a Baltimore-based Healthy Homes Network that has pioneered the approach,used first(Pt) in Baltimore and then in Rochester. They achieved a ninety-nine percent (99%)reduction in child lead poisoning through a combination of grants and regulatory approaches. Tracy Skibins, Director of Code Enforcement with offices located on the 13th floor of the County- City Building, stated, To be respectful of everyone's time, I took a lot of slides we had from the first(1St)reading and tried to condense them into one(1)slide(referencing the presentation).These are examples of what we are looking for. The first (1St) example is a phone call we received in Code Enforcement about a leaky roof Once the inspector went inside the property, they found many things. They found ninety-eight percent (98%) humidity in January, mold growth was everywhere, peeling paint with the likelihood of it being lead-based as well as other issues. The second (2nd) example was a simple phone call for no heat. Once the inspector went into the apartment, she found there was water damage, falling ceiling tiles, and the temperature was forty- five-point-three (45.3) degrees in the house. Had someone not reached out to us, these are all examples of things that might be going on behind closed doors that inspectors passing by on the street might not be aware of. Cosmetic issues,I want to highlight,are not something we are looking for. So, it's ok if the property is not pretty or the property doesn't look great. Cosmetic issues are something we are steering clear of. We are going to focus on health and safety. Ms. Fritzberg stated, Rental housing is handled through either one (1) of two (2) methods. Those are either complaint-based inspection or proactive inspection. The proposal we are making today is really a process change. Rather than addressing housing safety complaints on a case by case basis and relying on tenants to report issues,we are actually going to conduct proactive inspections to ensure compliance with existing basic safety standards. To really drive this point home, this does not create any new safety requirements for property owners. The safety standards required for compliance with this program already exist in the International Property Maintenance Code and the Unsafe Building Law. Proactive rental inspection is a policy tool used in cities across the United States. This is not groundbreaking policy. It is implemented in the two (2) other major college towns, Bloomington and West Lafayette. Again, the basic analogy here is a restaurant safety inspection. We don't eat in restaurants that haven't received a satisfactory health inspection. But housing, naturally, has a far more detrimental impact on long-term health than a bad meal in a restaurant that gives you food poisoning. So,just as we've proactively enforced those standards and we found a way to do it that supports efficient business practices, that is what we propose to do in the case of rental housing. She continued, In the last presentation, I don't think I actually pulled this out on a slide for you (referencing a slide in the presentation), so I wanted to make sure I did that here. The US Department of Housing and Urban Development outlines eight (8) things, eight (8) principles, as part of healthy housing. They are keeping the home dry, clean, safe, well-ventilated, pest-free, contaminant-free,maintained and thermally controlled.These are basic safety standards,and these form the foundation of the requirements that are already in the International Property Maintenance Code and the Unsafe Building Law. Our goal is to ensure that these standards are uniformly followed and that tenants across South Bend can access safe and healthy housing. Ms. Skibins stated, The Rental Safety Verification Program will promote, like Suzanna touched on, the health and safety of renters in the City of South Bend. Basically, a highly-trained Code Enforcement Inspector, will look at the conditions of the property. They will go in and check off items they have, in advance, on a list. Everything on the list will be something the tenants and the EXCELLENCE I ACCOUNTABILITY I INNOVATION INCLUSION , EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574 235 9221 f 574.235.9173 TTD 574.235.5567 vwvw.southbendin.gov 3 CITY OF SOUTH BEND OFFICE OF THE CLERK owner or landlord will be aware of in advance so that they can make those improvements. The goal is for us to get in and out as quickly as possible without disturbing the tenant,the landlord, or tying up a lot of valuable time for our inspector. Upon successful completion of the inspection,the Code Enforcement Department will issue a certification of rental inspection which will remain valid up to five (5) years depending on the situation. Units with a valid certificate of rental safety will be posted on the City's website so that everybody can access that information. We envision a twenty (20) minute visual inspection focusing, again, on minimum safety standards such as fire safety, smoke alarms, running water, heat, properly installed plumbing, electrical systems, mold or mildew presence, chipping or peeling paint, and leaks. So, again, minimum standards are what the focus is going to be on. Jaime Morgan, Project Manager for the Mayor of the City of South Bend with offices located on the 14th floor of the County-City Building, stated, I'm going to share a little bit of our math that we were able to do. So, we have about 16,000 rental units within the City of South Bend. When you take away the random sampling for multi-units or the exclusions for things like housing that is government-inspected, they will get an inspection waiver because they have received a similar inspection within the last three(3) years,we come down to trying to inspect 7,500 units within the next five(5) to six (6) years. So,by mid-2025, we should have the capability of getting a full pass through the City for all of the eligible housing units for the RSVP program. Councilmember Sharon L. McBride arrived at the meeting at 4:45 p.m. Ms. Morgan continued, So, what we wanted to do is highlight the feedback and changes we were able to make based on our community meetings,including the meeting we had previously through the Health and Public Safety Committee, talking with Indiana Association of Apartments, the Greater South Bend Mishawaka Association of Realtors, and our Real Estate Investors who have been a really vocal community in helping us build this bill. So, one (1) of our first (1St) implementation changes was to remove the four(4) month period of voluntary process and move instead to highlight our properties we already know have issues going on. In year one (1), so, in 2019,we are going to be focusing on open and active cases with Code,referrals from the St.Joseph County Health Department, and then continuing to accommodate any landlord requests. So, if you're a landlord that wants to get in on the ground with this program, we are certainly going to be able to accommodate you. In year two (2), so, starting in 2020, we would be looking at a geographic phase-in that would follow the Census Tracts we know have the highest levels of childhood lead poisoning based off the data we have been receiving from the Health Department, the State Health Department and what has been compiled through Notre Dame's Lead Affinity Group. We wanted to highlight that will be Census Tract Six(6), Nineteen(19),Twenty-one(21), Thirty(30), Four(4) and Five (5). We would be working at a pace of about fifteen percent (15%) throughout year (2) and going forward to be about to work through to our 2025 goal. So, this (referencing a slide in the presentation) is a little bit more of a breakdown of what we expect by the end of this year, getting through about eight hundred (800) housing cases, the bulk of those being active and current cases with Code. Then about one to two hundred(100—200) of those are from the Health Department and the balance are as many landlord referrals we are able to get to. This utilizes staffing at levels of three (3) inspectors conducting about eight (8) or nine (9) inspections per week with a total of about twenty-four (24) to twenty-seven (27) per week. They would also be handling all of our complaint cases and other housing inspections as well. We are confident in our ability to implement and hit these numbers for you. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221f 574.235.9173 110574.235.5567 www.southbendin.gov 4 OCITY OF SOUTH BEND OFFICE OF THE CLERK She went on, The other specific changes we were able to make to the substitute you have before you today really focus on simplifying the process and make sure when we were doing this,people really had the best chance possible to succeed. Really, this looks at putting out our checklist, so people know what exactly to expect. So, when we go in there, they are going to have the best chance to pass on the first(1St)go.We also wanted to clean up a little bit of the language that might be confusing for people. So, we made a few substitutions there. We removed a transfer fee. So, if you are a property owner that has an RSVP Certificate and sell that house, that certificate would transfer with the house and there wouldn't be a fee associated with that. We also added in waiver eligibility for any sort of sales transactions that would meet the same criteria of this. When you do a sales transaction for real estate, you get a really robust report and it might have already hit what we are doing here. We removed some requirements to post the rental safety certificate. So, it wouldn't be something you have to have on your window. We also added in our monitoring process and looking at self-inspection, once we do a full-pass of the City, how that could be implemented. We want to be able to get into the home first(1st)and decide later on what that would look like for self-certification for our homes already in good condition on first(15t)pass. In talking with some of our apartment complexes, we decided to move the threshold of when we do random sampling of a complex from ten (10) units down to six (6) units. We also decided to have the property owner be able to designate the occupant or renter as the designated agent to be present during the RSVP inspection. So, if you're a renter and you're comfortable with that, it is one (1) less step the landlord has to go with you. We've also been looking at doing community education workshops, again, with the goal that people are made aware of this program so they are able to best succeed in it on our first(1st) pass through. Committee Chair Broden opened the floor to Committee and Council Members. Committeemember Voorde asked, Could you repeat what the three (3) inspectors are going to do and at what pace? Ms. Morgan replied, Three (3) inspectors. For new inspections, they will be doing, individually, eight to nine (8 — 9) inspections per week and, as a team, twenty-four to twenty-seven (24 —27) per week. Committeemember Davis asked, So, in a nutshell,how does this all kickoff? How does it start? A person calls? Or, they just have random checks? Tell us that. Ms. Morgan replied, So to begin with the active cases, Code will send out a letter to all of our active cases. There are about six hundred and fifty(650) of them. That letter will be an invitation to schedule an appointment with us during this calendar year and give them ninety(90)days to do that. That should hit around June 4th. Then if they haven't contacted us by June 4th, we would extend that another thirty (30) days. So, we are hoping to get everyone scheduled and processed by July 4th. Then, we would be looking to start the referrals from the Health Department and landlord requests as soon as we are able to get going after the approval of Council. Committeemember Davis then asked,And that process,for the new initiative,from that standpoint, that would be phase two (2)? The first (1St) ones would be the current ones and the other ones would be the other ones? EXCELLENCE ACCOUNTABILITY INNOVATION 1I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 110574.235.5567 vww.southbendin.gov 5 CITY OF SOUTH BEND I OFFICE OF THE CLERK Ms. Morgan replied, Yes. We would start the geographic phase-in in 2020. So, we would give notice to that at the end of this year. Ms. Fritzberg stated, So, year one (1), rather than doing an introductory period of a few months, we really have a year of introductory period where we are working through the feedback we got and focusing on the known problems. That is what we are doing. Committeemember White asked, That educational piece you mentioned, would that also occur in 2019? What would that look like? Ms. Morgan replied, We are lucky to have a pretty good relationship right now with the Neighborhood Community Associations. So, we were looking to lean on the NRC and helping with that and kind of setting it up with the individual associations. We've also made requests out to the realtor and investor groups to come in there as well, so they can talk directly with landlords and then continue to have opportunities for community outreach throughout the year. So, anything that comes onto Council's calendar, we would be happy to accommodate. Committee Chair Broden stated, I would like to piggyback on that last statement. From my perspective, and I think what may have been a little bit confusing is, you used the words may do community education. I think there is an understanding, at least from many of our perspectives, that is going to be very critical. Certainly, pre-launch, etcetera, with all the stakeholders. The renters, the managers, the owners, you know, across the board. I like the concept that those be collaborative. I happen to know quite a bit about attendance at the neighborhood committee meetings, right? And, how that fluctuates. Is there a way to look at it at a pace, monthly or whatever, and more robust at the start, but then maybe look at a quadrant kind of thing? I think that might help on that education. I will have some additional comments about, perhaps, some amendments. Committeemember Davis interjected, Is there any educational piece that you could have online for people who may not want to or be able to attend the meetings? Some people, especially some of the tenants, may be afraid to go to some of the meetings. Others, due to work schedules, may not be able to go. So,they can go in and have a few user-friendly basic something that somebody who doesn't have all these things can understand? Ms. Morgan replied, The website we are building out has a frequently asked questions, a PowerPoint that has the top ten (10) violations we look for, a renter's and landlord's rights and responsibilities handout, and we are continuing to add educational pieces to that. I'm sure we can look at, if we have a formal presentation that we can video tape,we could get that up there as well. I think it has a place there. Committeemember Davis interjected, Cool, and that way, for those of us who are school social workers and schools associated,we run into this a lot with a lot of our young people who are living in these kinds of homes, so it would be something great if you came and talked to the school social workers and South Bend Schools, and the Counselors there, so we know where to refer parents. We could even go over the website with them, so they can have better understanding of that along with the process because this is something we have to deal with on a regular basis. Thank you. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.92211f574.235.9173 TTD 574.235.5567 www.southbendin.gov 6 CITY OF SOUTH BEND OFFICE OF THE CLERK Councilmember Tim Scott stated, Just to follow up on Councilmember Davis' comment, I think a full training for Human Rights, too. They handle so much of this and I refer so many people to Human Rights on it. The other thing, Committee Chair Broden, you are allotted time to 5:15 p.m. If we don't hear from everybody now, it will all be heard tonight. Councilmember Jake Teshka stated, I would like to make a point of clarification because some of the arguments I've received that have been in opposition have to do with the potential future abuser and what it looks like.Just to be clear,any changes to the framework of this must come back before this body. Ms. Fritzberg confirmed, I defer to legal experts but that is certainly my understanding. It's in the ordinance. I would note, too, that there is a provision made in the proposal for a regular working group to review the implementation of this program and that will certainly include Council representation. We hope that will be a representative forum of renters, industry partners, Administration, Council Members and community members that creates a framework for having discussions around those, before any type of ordinance change is even offered. Council President Scott informally discussed the legislation's state of substantive nature with Committee Chair Broden, eventually confirming the proper substitute version was being deliberated. Councilmember Regina Williams-Preston stated, First, I want to thank you because you guys are awesome, and you've done a lot of work with a lot of different groups,myself included and other Council Members,in really getting at this issue. So, I appreciate the change in focus to really focus on those most hazardous conditions and the things we already know of. When you were in front of us before the Committee Meeting, I had asked a question about how this legislation helps us get at those large complexes. I know that most of those complexes have government funding and they have inspections that go a long with that. Those probably aren't in the 7,500, but just for clarification, if there were referrals from the Health Department, that would then cue you guys to check those out, right? Ms. Fritzberg replied, That's correct. And, a tenant can call and make a complaint about an issue at any time. With the way the practice is now, if we get a report of an issue in a unit, we are not precluded to following up on that. Councilmember Williams-Preston stated, Right. Then, in those big complexes, I think last time you said if you get a complaint, you can only go to that one (1), currently, even if you know or suspect that there are others? But, this legislation will allow you to, if you see a problem, investigate the others and see if there are more? Ms. Fritzberg confirmed, Yeah. Councilmember Williams-Preston followed up, Excellent. Thank you. Then, you talk about the group that is going to look at the progress. I'm just going to throw out there, The Racial Wealth Divide Report has those ten (10) questions, there are some really good things in there that might help us also focus on not just how this policy negatively impacts, but I think it would be a great way to use those questions to report on how it will positively impact communities that are often negatively impacted from various policies. So, I would love to see a part of this report out very EXCELLENCE ACCOUNTABILITY ! INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 7 40 CITY OF SOUTH BEND I OFFICE OF THE CLERK simply, maybe even on the website,just how many families we've moved from unsafe conditions to safety. I think that would be a nice simple number to show how this policy has improved the lives of people in South Bend. So, thank you. I have other things, but I can wait. Councilmember Scott stated,The other thing is insects. Colfax and West Washington apartments. I mean, literally, on ABC57, they had roaches running around all over. We had the Health Department here and they weren't going to do anything until the citizen came forward. The citizen was too scared of getting booted out to complain about the roaches we had video of Ms. Fritzberg replied, There is currently provisions in the law setting the responsibilities of landlords and tenants for pests. It is the landlord's responsibility to deliver a unit that is free of pests and defects that would contribute to pest problems. It is the tenant's responsibility to avoid creating conditions that could lead to, say, roaches, that are independent from a structural issue or any other issue that could cause that. Committee Chair Broden stated, I'm going to start from the back and this is just from a closer reading of the document, just trying to sew up and clean up some inconsistencies. If we start on page eleven (11), the section that actually gets to the monitoring process, I would like to suggest we add someone from the Department of Community Investment charged within our housing area to that work group. I think a lot of resources are there we will offer parallel to this program. I want to make sure those are ongoing and any opportunities for potential gaps in funding or grant writing, we are all in that work group together and, you know, being on pace with that. So, that would be a recommended addition. Because there is so much with this, looking at instead of the first (1st) six (6) months, we change that to a three (3) month review. So, uptick that and then continue the six(6)month review.Then,I think important to all of this,and this gets to, I think,Councilmember Williams-Preston's point, if we are going to have a work group, we better quickly come to an understanding of the program metrics. What do we want to measure? What outcomes are we hoping to get?What are the things we want to look at and track before day one(1), someone enters a home?Does that make sense?And maybe even before day one(1),entering the home,how much time from the time we send out the letter do we actually get a reply? You know, there is probably some instructive and informative information. We are really selling this to get at some really significant issues in our community, and if we don't embed those early and are intentional about them, we may just miss them and really not have the kind of information that other communities, maybe down the road, would look for looking to us. So, that is an addition I would like to see in that monitoring program. She continued, Then there are things that get to, I think, definitions and I have proposed a kind of clean-up list. If we go back to page one (1), my understanding looking at this pretty closely, the property manager is not defined in our definitional laundry list there. So,if we could catch that up, I think that's a more colloquial term. Then, I think there was something else that was referenced here, I'll quickly find it. Well, that's ok. You get it. I don't think it's there and if I'm wrong, you can not correct it and we'll know that's not an amendment. So, that's page one (1). Page two (2), definitionally, if we look at e and f actually is what brought this up, condemn means to adjudge the unfit for occupancy, my expectation is that there is No Entry also associated with that designation. Is that correct? Ms. Morgan replied, There is a longer definition under the International Property Maintenance Code that could be substituted if that would be better? EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I I D574.235.5567 www.southbendin.gov 8 9 CITY OF SOUTH BEND I OFFICE OF THE CLERK Committee Chair Broden followed up, I would highly recommend that. That way we have a very clear distinction from e to f, in my opinion. So, that is definitional change one (1). No, I'm sorry, we've got one(1) and two (2), I'm saving the big one (1) for last. On page six (6), really quickly, we've had a lot of public feedback and I am so indebted to that. Really, it was helpful we had such a good turnout at the Health and Public Safety meeting. Just a correction for the record, that was not a first (1St) reading. That was just a Committee reading for informational purpose only. The fact that you have made, I counted them quickly, nine (9) changes based on that feedback from that meeting held February 6th and where we are today, it was very responsive. So, I appreciate your hard work from that time to this time. However, one (1) of the issues specifically raised is this understanding of what the duty or responsibility is around this lead safety. We have chosen the lead safe practices. I just want to make sure if we can pull in the definitions related to Indiana Administrative Code, specific to that, because we want to be very clear about the duty here and not this really expansive and burdensome piece on landlords, ok? Does that make sense? And that coincides with some of the grants, right? That we have received or will be receiving? Ms. Morgan replied, It is following the Indiana State Health Department regulations on that. The updated document I returned to you and your attorney, I did put in the State Code for that, so you could copy paste. Committee Chair Broden interjected, Ok, perfect, I think that would be really helpful for clarification purposes. I think that is all the definitional. We hit the audit and evaluation,however, there is another audit/evaluation piece on page seven (7). Ok, so, item h, "...the inspection certificate will be issued after the renter unit passes the inspection report and all fees and penalties due under this article are paid. The Code Inspector may consider documentation submitted by the owner as sufficient proof of compliance on minor violations, at the discretion of the Code Inspector." I think it's really important that any documentation and any paperwork that is getting you off the hook, you know, to have a body physically come to your location for that second(2nd) or third (3rd) or whatever, that paperwork and documentation, even if it's submitted by the owner, manager, whatever, that actually be stored and available in the event that there is an audit or an evaluation of the program. I would like to add that those documents be retained. I think that can get at, maybe, some concerns about fairness. Let's let the documents speak to what we are trying to solve here. I do like that there will be some minor things I can show before and after pictures and give you what I paid to have that repaired. That is a signed bill and if I can submit that and I'm off the hook from you and your staff coming out, I think everybody is better off. So, I like that amendment that has been tucked in here, but I do think we just have to make sure that documentation is available. She went on,And the for clarity,there are other clarity things, and these were kind of big. On page eight(8),really fast,actually,this one(1)isn't so big.Department will mail the report to the current occupant at the address inspected. If I'm a prospective tenant of that location, how do I get the information of the most recent report? Ms. Morgan replied, That would be the routine APRA Request through the Department. Committee Chair Broden interjected, Page eight (8), and I'm sorry, but page eight (8) item zero (0). So,if the owner is there,they get it, if the tenant is there,they have access to it,but what about prospective tenants? EXCELLENCE 1 ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 iwww.southbendin.gov 9 CITY OF SOUTH BEND OFFICE OF THE CLERK Ms. Morgan replied, Prospective tenants would also have the ability to see whether the unit has passed or failed through the City's website or by calling 311. If they wanted the more detailed report, they would have to make an APRA Request. Committee Chair Broden followed up, I appreciate that clarity on that. On page nine (9), section q, this just looked really big to me on my final and last reading, and I understand you have some clarity here, could you address that? Ms. Morgan replied, So, for section q, we would be changing at the end of the sentence,the `ands' to `ors', so it would read a orb or c or d, not and. Committee Chair Broden interjected, Thank goodness. Does everybody follow that? And then I think when this Council considered the landlord registry,we had made some really smart language changes relative to, I'm looking section, same page, six-eight-three (6-8-3), what would be a-four (4), we had some language that pulled in intent. We routinely make Scribner's Errors here on Council, the Clerk's Office, everybody, you know, in Administration. So, I guess I want to get at something there that, you know, if it's kind of not a misleading mistake but, if it is substantive, we want to have some recourse there. So, there are probably some lawyers that could clean that up or pool in the language.And then on page ten(10),if we could,I would suggest two(2)word changes. In the first (1st) paragraph, we have the word, with regard to where you place the actual report. You know, I don't really care where it's at and I don't know if anybody else on this Council cares either, where it's placed. It would be nice but to say it should be placed somewhere, the word encourages is better, maybe? Ms. Morgan replied, That is the direction we're going is to replace should with encourages. Committee Chair Broden followed up, Ok. And I know we initially, and this was based on community feedback, we wanted this out on the front. Up in Michigan, I have properties, it's got to be on front. So, everybody walking by sees it, but I like the direction we're going. So, I appreciate that. In section six-eight-six (6-8-6), item c, if you look at the rest of the ordinance,we don't really care if the owner doesn't show up, it is really the failure to meet the Code Inspector. We know the burden, in Indiana, ultimately lies with the owner. So, I think if we just strike so it reads, "...there is a one hundred-dollar($100) fee for each rental unit for failure to meet." So just strike the words 'the owner's' failure. Ms. Morgan stated, We agree. Committee Chair Broden stated, I believe that is it. Oh, one (1) more. Definitional, and I'm sorry I missed this, I have no clue what impersonanum and inrem mean, and I actually studied Latin. I could have looked it up, but I didn't. So, help me out. Ms. Morgan replied, In person and in property,but we can add some plain language there to make it a little more accessible. Committeemember Davis interjected, That would be nice. EXCELLENCE ACCOUNTABILITY j INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 1574.235.9173 TTD574.235.5567 www.southbendin.gov 10 CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Broden stated, Alright, that's all I have. Oh, last section. The big question. I know with your exclusions you put in group homes. We're going to have a group later on our agenda tonight and we've had group homes in the past. As Council, going forward,with regard to this, I'm happy to include them as an exclusion, this is my thought, if there is some other regulatory, either at the State or Federal level, I don't know, some oversight burden on somebody else,right? That gets these same eight(8) different criteria. So, I need some understanding of why this blanket exclusion related to group homes is in there because I really don't know what the duties and responsibilities are as entities, and whether that's consistent in our community already or going forward, if there is oversight. Ms. Morgan replied, So, some of theses properties might be more transitional housing, so you are looking at more of your short-term housing that wouldn't fall within the scope of this. Others would be regulated by another entity and we could look at folding that into the same requirements we have for government-subsidized as far as government inspected. Committee Chair Broden asked, So, that does call for an amendment at some level? Could I get more clarification? And,does everybody follow that one (1)? Committeemember Davis stated, Yeah, I'm at peace. Committee Chair Broden continued, Because I think, in my estimation, when I think of the community homes I've interfaced with, ok? Vulnerable populations and you can define that any whichever way you want. So, you know, I think if it's not being regulated and overseen by somebody else on a regular basis, an annual basis, I want to include them in here. Committeemember Davis interjected, That makes sense. Ms. Morgan replied, I believe to a certain degree it falls under section six-eight-one-e (6-8-1-e). We could put them under there. Committee Chair Broden stated, It's got to go beyond governmental or public agencies because a lot of them are private. Ms. Morgan replied, But, they would be inspected by a government agency. Committeemember Davis interjected, No, no, no. Committee Chair Broden stated, I don't know that. Ms. Fritzberg asked, Can I clarify, Councilmember Broden? Your proposition would be to take out group homes as a blanket exclusion and, instead, say group homes, as with any property, are eligible for exclusions based on existing inspection protocols, so long as we retain proof of them. Committeemember Davis interjected, I like that. Committee Chair Broden replied,Yep. Committeemember Davis stated, I'm cool. That's a good one(1). EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221]f 574.235.91731 TM 574.235.5567 www.southbendin.gov 11 CITY OF SOUTH BEND OFFICE OF THE CLERK Council Attorney Bob Palmer stated, I have a quick question on section six(6). Are you confident that the surplus funds to assist people being relocated fall within the purposes of the State statute? Tam Panowicz, Assistant City Attorney with offices located on the 12th floor of the County-City Building, replied, Yes. The statute that allows for rental inspections specifically says fees have to be going toward the program's expenses, whereas penalties can go toward the jobs being done. Council Attorney Palmer stated, I wasn't sure about the State statute. Mr. Panowicz replied, Yeah, they don't talk about the penalties, they only talk about fees. Committee Chair Broden stated, Last question, is there reciprocity with the State of Michigan, with regard to the Indiana Home Inspectors? Ms. Morgan replied, We weren't able to find that out this afternoon, but we will continue to look into that. Committee Chair Broden stated, I need to offer a huge apology. Committeemember Davis interrupted, Go for it, keep on going. Committee Chair Broden continued, There is public comment with this. Committeemember Davis interrupted, I know, we get it. Committee Chair Broden continued, But, you have to realize, changes came in on Wednesday, Council gets it on Thursday, and if we are going to make some changes here they should actually be disclosed before we go to the public portion of this. Committeemember Davis interrupted, I understand. Committee Chair Broden went on, So, I think, the best way to handle this, and I am going to apologize,what we will do is we will take opposition first(1st) for six(6)minutes and then we will go for those in favor, second (2°1). If you've shown up to speak now, we will have everybody tonight. Committeemember Davis interjected, Let's roll. Committee Chair Broden then opened the floor to members of the public wishing to speak in favor of or in opposition to this legislation. Beau Dungby, 1537 Northside Boulevard, stated, I'm an Association Director for the local Association of Realtors. First (1st), I would like to commend everybody involved. This is government doing good work. We, as an Association,met with the City staff and got a lot of these changes put in. There were a couple concerns we wanted to bring forward before we put this through. I think, overall, we are very much in favor of what everybody is trying to do here with these homes. They are in serious disrepair. I would just like to point out, the eight hundred (800) EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 (574.235.9173 1 I D574.235.5567 www.southbendin.gov 12 CITY OF SOUTH BEND ' OFFICE OF THE CLERK units planned to be inspected in 2019, six hundred and fifty (650) of which are open Code Enforcement cases. I think we are grossly underestimating the amount of landlord requests that are going to be made. As an Association of Realtors, we represent many landlords that own hundreds, if not,thousands of properties and these are,overall,rule and law-abiding landlords that don't have a majority of these issues going on. So, a couple people, up to maybe ten (10), could put several thousands in the landlord requests section to where we then don't get to the ones we are concerned about with the geographic deployment until maybe not even until four (4) or five (5) years down the road. So,we are incentivizing landlords to request,and a lot of them will do that and they aren't going to be the ones we are looking for. I would almost like to see the geographic deployment go first (1St). We were looking at a letter from the Near Northwest Neighborhood and, in my view, the people we are most concerned about here aren't the ones going to be stepping forward, it is going to be thousands of other properties that are going to pass inspection but take all of our inspector's time. The other issue would be the IPMC, the International Property Maintenance Code. I think the Mayor's staff has done a great job, in summary, lessening the things they were looking for. The first (1St) list we looked at had all sorts of things that, I think, everybody agreed weren't what we were looking for here such as fences and cosmetic things. So, the letter that summarized everything was good in the sense that is lessened those but, with the bill still stating the IPMC, I think technically and legally it brings in all those things we were concerned about and, as Administrations and seats up here all change, we are worried they could harken back and be knit-picking the cosmetic issues and not the major issues. So,if we could define was we are looking at and agreeing to today in the Code and not just the IMPC blanket, we would feel a lot better about that. Thank you. Pete Taddeo, 2537 Grape Road, stated, I'm in support of this document, but there are a couple changes. I think a big change that was made that was positive is linking the Code to the International Property Maintenance Code. Excluded was the International Residential Code, the Unsafe Building Law, and the South Bend Municipal Code. That was changed not only in the first (1St) item, it is also changed in the definition. However, the document on page seven (7) item I referred to Unsafe Building Laws that an inspector can enforce. And item K refers to South Bend Municipal Code and State Laws, and I might have gotten those two (2) items mixed up. I think those need to be eliminated. It's a little bit more than word-smithing and that's why I brought it up because practically every house in the earlier part of the 1900s was built with electrical dob and tube wiring. That is shown to be unsafe. That might be in one (1) of those laws that was in here and now an inspector can invoke that and he just might wipe out every house built in the early 1900s. That is one (1) example. Another thing I mentioned, I think the portion on the appeal process needs to be better stated. It's subject to an appeal process and the appeal is afforded hereunder. I don't know what that means and there is no reference to the process. I think that should be included too. Other than that, you did a great job and I think the revisions corrected a lot of problems. Penny Hughes, 717 West 7th Street, stated, I've been a realtor in this community for fifty (50) years. I'm a realtor emeritus now. I've been a landlady for fifty-five (55) years with my husband Ken. We have never, to my knowledge, ever had any tenant complain to Code. So, if I bring my thirty-four(34)properties for you guys to inspect, you're not getting to the ones that you need to. Somebody suggested to going after the ones complained about first (1St). In addition to those credentials, last year I was the Housing Chair of the NAACP local branch and I am also the Chair of the Human Rights Commission. So, I have a lot of experience in housing problems and having to deal with them. I have a concern. As a landlord, I pay two percent (2%) property taxes on all EXCELLENCE I ACCOUNTABILITY I INNOVATION INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 1 p 574.235.9221 (574.235.9173 TTD 574.235.5567 .w w.southbendin.gov 13 •CITY OF SOUTH BEND I OFFICE OF THE CLERK my properties and my good clients are investors. One (1) investor bought fifty (50) homes from me and another bought sixteen (16). I go in and look at them when they're all finished, and they do a beautiful job. Guess what? These good investors are not investing in South Bend anymore due to the whole bunch of things they've been hit with that are time consuming like paying the tenants water bills and keeping it in their name. If they let the tenants pay them and two (2) are late in the year, every one (1) of their properties gets slapped with a one hundred dollar ($100) fine. That is just one(1)of the things that have made a lot of them upset. So,they are not investing in South Bend anymore. So, if they are moving out and selling out to homeowners, they pay one percent (1%), but remember, they can get the homestead exemption and the mortgage exemption, so, I'm concerned about the taxes coming into the community for all the things that we need. That money is going to drastically go down. I heard somebody listed several millions of dollars of properties for sale because they are done. That is a real concern to me. I want good investors to stay in South Bend and we might be left with only the bad ones. My other concern, as a Human Rights Commissioner, HUD will sue cities that pass laws that hurt poor people. Where are these people going to go when they're forced out of homes because it's not livable anymore? The only reason they are in homes like that is they got rejected by other landlords because of their bad credit or former problems. So, we are looking for people to pay their rent and keep up their property and I'm hoping we don't lose anymore of the good investors. Jasmine Brown, 230 Sadie Street, stated, Good afternoon, Council. I just have a few things to say. I support the changes that were made. I think those will be big improvements to the program. I just would ask we take it one(1)more step forward,maybe. I would like to point out in six-point-eight- two-O (6.8-2-0), the tenant files an APRA to get information. Do all tenants know how to file an APRA? Are there going to be educational pieces to teach people to do so. We are also talking about low-income individuals who often feel that they shouldn't take part because of the legal situation or things like that. So, we need the educational piece for our tenants on that piece there. Also, I'm looking at six-point-eight-two-H (6.8-2-H), the Code Enforcement's discretion. I apologize, in my district, I know there are some times where tenants and residents feel that Code Enforcement discretion is not always fair. I feel that we need to put something more succinct in place to make sure that is delineated, and we know that people aren't going to be discriminated or targeted against. My last piece here, is that at one (1) point in time, somebody mentioned that if they don't sign up within the thirty (30) days they have, another thirty (30) day extension. For individuals living in these homes, they don't have another thirty(30) days. We need to make that staunch, hard and fast. If we are forcing people to live in these deplorable conditions, it needs to happen quicker,and it needs to be one time. We do not have time for that. Again, I'm not targeting the landlords actually doing their job,we are targeting the ones that are not doing their job as small business owners or as landlords. So, we need to make sure we get those hard and fast, and they need to file and adhere to it. Those tenants don't get an extension of thirty (30) days, they'll be kicked out. I just want to make sure we're protecting the tenants all the way around. Thank you for your time today. Heidi Beidinger, 509333 Sharpstone Court, stated, I'm the Vice President for the St. Joseph County Health Department Board. I'm also an instructor and researcher at the University of Notre Dame. I wanted to just speak a moment and share a few thoughts about what we've been talking about at the Health Department. First (1St) of all, we are thrilled that you are embarking upon this and taking a leadership role in developing a policy such as this. I'm sure you are well aware there are not many of these policies that exist in the country because there is so much contention around it. From this discussion, you can see that you all have totally come together to figure out what EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building'227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 'I I D574 235.5567 www.southbendin.gov 14 •CITY OF SOUTH BEND OFFICE OF THE CLERK those areas were that needed to be smoothed out and talked about them. You figured it out and now you're making these changes, so we can vote this evening. I want to remind people what lead poisoning and poor housing does to children. It affects their academic achievement.These are kids dropping out of school at much higher rates than other children who are living in higher quality houses. Higher drop-out rates, lower lifetime earnings, and then higher rates of criminality are connected, correlated, to, lead poisoning and poor housing conditions. So, the role of the Board of Health, how we see it, we engage in public health policy to improve the health of the community and we recognize that this program is here to address the intersection of housing and health that we think will improve public health outcomes for our community. There were pictures up here from Code Enforcement of what the inside of a house looks like. As part of my research, I have been inside of forty-seven (47) homes this summer. There were several where I witnessed, first (1St)-hand, devastating living conditions that I would never have my own children, certainly my family, live in. Yet,people are homeless within their own homes. I would oppose the thought that somehow folks have a choice to be living in those homes.That is not the case.Not when I'm sitting with a mom who is telling me about her child that had been lead poisoned at two (2) years old, stopped crawling and stopped talking, who is now six (6) years old, in school and being bullied. That is what is happening. That mom did not have a choice about the housing conditions and she has no repercussions. This is the first (1St) time this kind of legislation, this ordinance, will allow for folks to have some control over the situation. So, tonight, I think, and it might feel like I'm overstating it, but I don't think I am, you have a profound opportunity to do something very dramatic and life-changing for our community. We've never embarked on anything like this and you guys have that opportunity to make that change. So, I want to encourage you to vote yes because this is an opportunity to improve health and housing for the kids in our community. Thank you. John Horton, 721 Cottage Grove, stated, I have five (5) properties in the Near Northwest Neighborhood. I think this is a quality of life issue. I have seen it first (1St)-hand in our neighborhood. It is a quality of life issue not only for the people that live in these houses but for the neighbors, community and the City at large. We need to ask ourselves what kind of City we want to be. Allowing inadequate housing, I don't think, is the kind of City we should be. So, I think this is just the basis. It is the least we can do, and I am in total support of this. Committee Chair Broden turned the floor back to the Committee for further comment or main motion. Committee Chair Broden asked for a show of hand from members of the audience who did not speak at the podium, who is in favor and who is in opposition. Ms. Fritzberg stated, I want to thank all the commenters for their input and certainly those that we've worked with. There was a concern raised around the number of landlords that will request. I just clarified with leadership, I think the language as it currently stands is the landlord will have to request inspection in that first(1St)year to have access to a potential five(5)year certificate. We are happy to change the language so that it is not a requirement and, instead, it is anyone that can receive a five (5) year certificate depending on the quality of the safety standard of the property. So, that may alleviate the capacity concerns and should just be a point of clarification, we are not trying to create hurdles to make it harder to access a certificate with longer years of validity, that should correlate closely with the safety standard of the direct property and our ability to work well with ownership or management there. I also wanted to touch on the investment concern. As we EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 Tl-D 574.235.5567Iwww.southbendin.gov 15 CITY OF SOUTH BEND OFFICE OF THE CLERK presented this policy, we've talked with cities across the United States and in Indiana and they have not seen significant turnover of property within their communities. We have, also, had a number of conversations with property owners and local landlords in the area and they see this as a significant tool to improve the rental market. I wanted to touch briefly on the points from Ms. Brown that the complaint-based process will continue to exist as part of this. So, when we talk about a thirty (30) day extension on scheduling an inspection, that certainly does not mean that there is an existing issue and the tenant has a prerogative to get in touch with us there is a thirty (30) day period on our ability to go in and respond to an urgent question we get a call about. I would defer to the Chief Inspector for more information on that, but I know there is a schedule of issues with the associated timeframe turnaround associated with those. The complaint-based process and the ability for the tenant to pick up the phone and call 311 or Code Enforcement is not gotten rid of as a result of this process change. Councilmember Teshka stated, Six-seven-nine-C (6-7-9-C) lists functioning smoke detectors but not carbon monoxide detectors. Was that intentional? Should we add carbon monoxide detectors to that list? Ms. Morgan replied, Cardon monoxide detectors weren't part of the International Property Maintenance Code. Committee Chair Broden asked, What about the questions about limiting this to the IPMC versus the blanket or pulling in other elements? I think two (2) individuals commented on that and narrowing it. I think the request was to narrow that and put that in exclusively. Ms. Fritzberg replied, I don't have a copy of it with me,but I think you have all see the inspection criteria guidelines. I will file that as an inclusion with this ordinance. Committee Chair Broden stated, And then there was one(1) other question about the due process and having that defined and stating what that is. We already have an appeals process, so, could we actually put that in as a reference as well? Ms. Fritzberg replied, Certainly. Committee Chair Broden stated, Ok. That way it is very clear within the ordinance and there is no hide-and-seek here, at least in my opinion. Did we catch everything? Oh, well the education piece relative to APRA, I think we can put that on your list. And then, a real question about Code Enforcement discretion. Please address that because that actually came up the prior Committee meeting. Marlaina Johns, Deputy Director of Code Enforcement with offices located on the 13th floor of County-City Building, stated, We actually have our housing team led by our Chief Inspector and they are going out and training to look at all the minimum standards at exactly the same way so there isn't that discretion of looking at minimum standards. So,when they go out, they know what they're looking for.They are not going to be going off and looking for stuff they might cite outside of this program. It is strictly RSVP requirements. Ms. Skibins stated, They are consistent across the board. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION 1 EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld i South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 16 CITY OF SOUTH BEND I OFFICE OF THE CLERK Councilmember Williams-Preston asked, So, what if they're not? Council President Scott stated, We can cover that tonight, we have a whole other Committee to get through before the full Council meeting. Committee Chair Broden stated, Well, I think that was a very important question that was asked, if we could make sure that is addressed before this evening. Committeemember Voorde made a motion to accept all of Committee Chair Broden's proposed amendments. Committeemember Davis seconded this motion which carried by a voice vote of four (4) ayes. Committeemember Davis then made a motion to send Bill No. 03-19, as amended and subject to the commitments discussed, to the full Council with a favorable recommendation. Committeemember Voorde seconded this motion which carried by a voice vote of four(4) ayes. With no further business, Committee Chair Broden adjourned the Health and Public Safety Committee meeting at 5:45 p.m. .ectfull Submitted, 7it o M. Broden, Committee Chair EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION I EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 17