HomeMy WebLinkAbout04/20/2021 13B Code Enforcement Policies; Report on Meeting with NW Justice, Yakima Landlords Association a\'4\lyy bxk ik 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13.B.
For Meeting of:April 20, 2021
ITEM TITLE: Follow-up report on meeting with NW Justice, Yakima Landlords
Association and City staff regarding concerns with code
enforcement policies.
SUBMITTED BY: Glenn Denman, Code Administration Manager
Joan Davenport,Al CP, Community Development Director
SUMMARY EXPLANATION:
The attached memo is in regard to a meeting held on March 19th between City staff,
representatives of the Yakima Landlord Association and NW Justice. The meeting was a follow
up from the March 16th council meeting adopting the International Property Maintenance Code
where landlords raised concerns regarding code enforcement on rental properties. The memo
contains details of the meeting as well as recommendations that were made and agreed upon by
those at the meeting.
ITEM BUDGETED: NA
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
I nformation only.
ATTACHMENTS:
Description Upload Date Type
mama 4/13/2021 r Memo
2
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
City Manager Robert Harrison
Community Development Director Joan Davenport
FROM: Glenn Denman, Code Administration Manager
DATE: April 13, 2021
RE: Code Enforcement and Landlord/Tenant Cases
During City Council review of the International Property Maintenance Code (IPMC) on February
16'h, several landlords expressed concerns about code enforcement situations with tenants. It
became clear that their concerns were not with the IPMC as much as they were with code
compliance in general, with comments focused largely around enforcement notification issues.
As a follow up, City staff (Legal, Community Development, Codes Division and Office of
Neighborhood Development Services (ONDS)) met with representatives from NW Justice (tenant
legal advocacy) and the Yakima Valley Landlord Association, to discuss code compliance and
the dynamics of code enforcement on rental properties. Items discussed are below, with a
common thread of recommendations in items 1-5 being to work with both landlords and tenants
in all matters related to code enforcement, and to be reasonable with deadlines and expectations.
1. Legal notices being sent to tenants when there is a landlord/tenant relationship involved
o At the onset of a case (before it becomes a legal matter), initial contact (site visit,
phone call, etc.) may only go to a tenant. An owner may not be aware of the
concern until a legal notice is sent (if there is no response from the tenant, legal
notices are sent out to all interested parties).
o Recommendation is to contact owners and tenants at the onset of a case, even if
it does not elevate to a legal matter
2. Consideration of enforcement notice deadlines and how they relate to timelines required
to be provided to tenants from landlords
o According to State law, landlords need time to notify their tenants of matters related
to property maintenance
o There is a turn around time to consider. When landlords receive a notice, they
need time (again) to send a notice to the tenant
o Deadlines that are too short put undue pressure on landlords
o Recommendation is to contact owners and coordinate notices with them, so that a
reasonable time may be provided for notification and abatement
3. Hoarding by tenants may be a mental health (ADA) concern
o Landlords may need to provide additional time to tenants with ADA concerns to
comply with Federal, State laws
o Code officers do not deal with hoarding that takes place inside dwellings. However,
hoarding may spill to the exterior
o Recommendation again, is to coordinate with landlords, as above
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4. Landlords and COVID related rent moratoriums
o While landlords may not be able to evict a tenant due to non-payment of rent, they
do (apparently) have some leeway if dealing with tenants who may be destroying
their property
o Recommendation is to work with landlords and allow time for eviction processes
to take place
5. Junk vehicles owned by tenants are difficult to get removed by landlords
o Landlords must work within Landlord/Tenant laws and/or lease agreements
o Recommendations are for code officers to consider limitations imposed by law,
and work with both landlords and tenants taking into consideration timelines within
lease agreements (if any)
Additional recommendations discussed were:
1. Add a page to the Codes Division website that provides information on services provided
by ONDS, NW Justice and the Landlord Association
2. Include an information packet with enforcement notices that provide basic information
about the above-mentioned groups, and direct people to the website
3. Provide a copy of the International Property Maintenance Code on the city's website
Next Steps
1. Recommendations for timely deadlines and working with both landlords and tenants may
be implemented by policy without changes to the Municipal Code
2. Increased public messaging (website changes and informational flyers) may be
accomplished once information from service providers has been obtained
3. There is no recommendation for amendments to the Yakima Municipal Code at this time