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Imagine a city where more than 70 chickens, ranging from chicks to full-grown hens, were kept in a single apartment. This, in a building where families lived in adjacent units. Or, where rental units lacked heat or running water for weeks at a time. Or, several people sleeping in cubicles, partitioned by plywood dividers, in a normal-sized apartment bedroom. We're not talking here about apartments in New York City or Chicago; this happened in Webster City.
According to Ariel Bertran, the city's Development Director, "the concern isn't simply that properties need routine maintenance; we're seeing situations that raise serious questions about the health, safety, and basic habitability of the homes people are living in." She went on to say that health, safety and basic habitability of some rental units in Webster City are sub-standard.
That was one side of the story at the City Council of Webster City meeting Monday evening.
John Kowalik, owner of 73 apartment units on Webster City's west side, had another opinion. After reviewing the proposed policy, he concluded he'd have to "spend a lot of money to replace my electrical service, which was code when the buildings were new in 1977, but won't pass the new standards." He also cited his building's 22-inch windows, which wouldn't meet the 24-inch size called for in the new policy.
According to Bertran, when asked to clarify after the meeting ended, that this ordinance will not require property owners to replace windows or upgrade the electrical just because of it’s age.
"Our goal with this program is not to force owners to tear apart their properties or undergo massive, expensive renovations," said Bertran. "We fully recognize that many of our local housing structures are historic or older homes. Existing features, such as older electrical wiring that was installed legally to code at the time or existing window dimensions, are recognized as legal non-conforming conditions and will not require costly structural overhauls simply to match modern building construction codes."
Bertran continued that the ordinance goes into effect if there is major remodeling or construction that will affect the existing parts of the rental units.
“This code focuses strictly on essential, common-sense life safety and maintaining safe and healthy living standards, including basic items such as ensuring smoke and carbon monoxide detectors work, handrails are secure, plumbing is leak-free and heating systems are functioning properly, among other fundamental safety standards. We want to work collaboratively as partners with our local landlords to protect housing quality, keep our neighborhoods strong, and avoid imposing unnecessary burdens.”
KawalikThen he asked Council what was meant by "tornado shelter" in the policy specifications." "I was in Kansas this summer and their apartments have concrete storm shelters that would cost a lot of money if I had to provide something similar here."
Bertran replied the new regulations don't require that; only "a safe place for residents to take shelter." She explained the key was in how the policy would be administered. "As we get into this, we know there will be acceptable, non-conforming conditions in some buildings."
At one point, councilman John Marvel said, "I see this from both sides," asking if it might be wise to table the matter, to "learn more about the legal aspects of this."
Bertran replied that Lynch-Dallas, attorneys who worked with city staff on the proposed policy, had reviewed it, and said it "protects all parties, and is defendable in court."
Then, Mayor John Hawkins weighed-in, saying, "I'd like to see us pass the first reading tonight. There are two more readings to go. We've put this off for years. We have to start somewhere." He then directed staff to "meet with some building owners and tenants to get their views," before the second reading, scheduled for October 19. "Then," he concluded, "if we have to make some changes, we'll sort it out later."
The discussion closed with tacit understanding the regulations were needed, but the city would work with landlords on the details. Council unanimously passed the first reading.
Under the proposed regulations, owners of rental housing in Webster City would first need to register each of their rental units. The Development Department would then issue a license, authorizing them to rent to tenants.
Under consideration, is a "grace period," in which registration fees could be waived for landlords registering before the annual deadline, which will vary throughout the calendar year, based on where, in the four geographic quadrants of the city, the rental property is located.
In addition, the building inspector and police department will host a 3.5-hour property management training seminar. Landlords completing the course would earn a $25 discount on inspection fees, and may qualify for inspections every four years, rather than more frequently.
A checklist covering 57 standards in six categories - administrative, exterior, interior, plumbing, fire safety, and electrical/mechanical, will be used to conduct inspections. To achieve a "good standing" rating, landlords must comply with all items, and be current in housing code fees, including the new inspection fees.
According to the U.S. Census, almost 36% of Webster City residents live in rental housing. With an average rental household consisting of 2.35 people, that translates to approximately 2,724 people out of the total population of 7,815. The median rental rate in Webster City is currently $907 per month.