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HomeMy WebLinkAboutCouncil.Minutes.12-02-1993.Special 295 Proceedings of the City Council, City of Cape Girardeau, Mo. Snecial S@SSIOtI December 2 i 9 93 SLL.13703 SPECIAL SESSION - DECEMBER 2, 1993 Council convened in a joint special session with the Board of Appeals on Thursday, December 2, 1993, at 5:00 p.m. with Mayor Pro Tem David Limbaugh presiding and Council Members Melvin Gateley, Melvin Kasten, Doug Richards, and A1 Spradling III present. Mayor Gene Rhodes and Mary Wulfers were absent. Members of the Board of Appeals present were Ra1ph Maxton, Dave Alberson, Roy Halbert, Ra1ph Flori, Tony Sebek and David Pfeiffer. Other staff present were J. Ronald Fischer, Douglas K. Leslie, Warren Wells, Ken Eftink, Rick Murray, Bob Ridgeway, Jill Strickert and Gayle Conrad. It was the consensus of the Council to review by section the proposed changes to the Minimum Property Standards as recommended by the Board of Appeals on October 28, 1993. Section PM-102 - Mr. Flori explained that enforcement of the proposed code would only take place upon a written and signed complaint, and the complainant would have to personally come to city hall to make the complaint. Mr. Spradling expressed concerns that this would allow any person, not just the one being affected, to file a complaint against any property. Mr. Gateley felt that if a person had to identify himself on a complaint, not as many complaints would be filed. In addition, this code would help to beautify the city. Mr. Spradling responded that the purpose of the code is health and safety, not aesthetics. He also questioned the section whereby cost of repairs can be transferred to the tenant through a lease, that most tenants are low income and will not be able to afford the repairs. Mr. Richards also questioned what would happen to those who could not afford to make repairs. There needs to be some type of ineans to assist them. Mr. Limbaugh stated that if a person cannot comply and is in violation by occupying the residence, the penalty is to remove them from the home, thereby leaving them homeless and causing less housing for low income people. Section PM-104 - It was Mr. Spradling's understanding that the inspection as explained in this section could be made without a complaint and that it applied to rental structures only. This does not comply with the law regarding entering private property. Mr. Pfeiffer responded that they interpret it to read that the inspection can only be made with a complaint. Mr. Wells explained that other codes within the city, including the building code, have these same provisions. Mr. Gateley questioned who would be the code official. Mr. Murray explained that an additional person was budgeted to fill this position. Section PM-105 - Regarding condemnations, Mr. Spradling questioned whether this conflicts with the current condemnation ordinance. Mr. Wells was directed to review this section and compare it to the current condemnation ordinance. 296 Proceedings of the City Council, City of Cape Girardeau, Mo. SFecial S2SSIOn December 2 19 �� SLL.13703 5ection PM-106 - Mr. Gateley and Mr. Spradling questioned the section regarding transfer of ownership. If a firm is loaning money to make repairs to a home and they are named the grantee, they ultimately would be responsible for the repairs. If this is the case, the firm will end up not lending the money. After discussion, Mr. Wells was directed to review the section regarding removing the reference to lending institutions. Section PM-108 - Mr. Gateley questioned whether emergency measures are already covered by city ordinance. Mr. Wells was directed to review this section relative to existing ordinances. Section PM-109 - Mr. Wells explained that the penalties established are the maximum for the violation and are rarely imposed. It was the staff's interpretation that there would have to be a separate conviction for each day of violation. Usually an initial charge is filed, and if no results are achieved, then another charge will be filed. Section PM-110 - Mr. Wells was directed to review this section relative to e�cisting ordinances to see if they should be combined. Regarding unreasonable repairs, Mr. Gateley felt this would prohibit individuals from restoring historic homes. After discussion, it was the consensus of the council to remove Section PM-110.2. Section PM-300 - Mr. Limbaugh stated that these provisions would allow responsibility of repairs to be transferred to a tenant by a written lease. He questioned if the tenant did not comply whether the landlord would be in violation. Mr. Spradling stated that even if the landlord evicted a tenant for not complying, then the landlord would be responsible for the repairs. This would lead to an unstable rental market. Mr. Gateley stated that the article on weeds needs to be combined with the present ordinance relating to weeds. Section PM-301 - Mr. Wells was directed to review this section relative to existing ordinances. Section PM-303 - Relative to lead based paint, Mr. Spradling felt the cost would be too high to require the removal of the paint. Mr. Murray explained that according to the code, the lead paint can be covered, but in the future this may be in violation of Federal law. After discussion, Mr. Wells was directed to review the proposed Minunum Property Standards and compare them to existing ordinances to verify they were consistent and/or merge them if necessary. City staff should report back to the City Council within 30 days. There being no further business, the Council adjourned. .� .� David S. Limbaugh, Mayor o Tem Gayle . Conrad, Deputy City Clerk