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New inspection programs
By: Kathy Carlton, Director of Government Affairs
Just like everyone else, the current economic crunch has taken its toll on municipal budgets as well. As cities try to balance their budgets, yet keep the local taxpayers content, you can expect to see an increase in every kind of fee. Of course, for apartment owners, those fee hikes can be expected in water and sewer rate increases, expanded permitting requirements, and especially inspection programs and fees. Most cities adopt their annual budgets in October, so we have seen a flurry of fee increases. There are several cities that have enacted a new inspection program or have increased the fees for the current one.
Lancaster adopts ordinance
The Lancaster City Council approved an inspection program at their October 27 meeting, calling for “periodic” inspections of apartment buildings. The ordinance contains relatively standard requirements and is patterned after the Mesquite program. The most positive aspect of the ordinance is the mandate that a tenant may not file a complaint with the city until 7 days after providing written notice to the landlord or manager. A copy of the written notice must accompany the tenant complaint. We wish more cities included a requirement like this one.
Of course, there can’t be a program without a fee attached to it. The Council approved an apartment license fee of $15 per unit per year. The program will begin on January 1, 2009. In the meantime, staff is planning to conduct a meeting with owners and managers sometime in November to review the ordinance, the program, and the new requirements.
City of Terrell adopts Inspection Fees
As reported last month, the City Council of Terrell adopted an inspection program at their September meeting. The only stumbling block was the proposed fee of $15 per unit. After hearing the pleas of AAGD members, the Mayor asked staff to re-work the numbers. At the October 7 meeting, the Council adopted a reduced annual figure of $12 per unit, with a fee of $36 for failing the first re-inspection and $125 for failing the second re-inspection. The ordinance goes into effect immediately, but staff will give owners some time to get in compliance before beginning the formal inspections. Also, any units that already undergo a HUD inspection will be exempted from the city’s inspection and the resultant fees.
Farmers Branch considers fees
For many years, Farmers Branch had the distinction of having the highest inspection/license fee in the Metroplex. When the city went from $5 to $10 in the year 2000, they were way ahead of other cities that hovered around $6-8 per unit for the same service. After holding steady for some time, it appears the city is preparing to double their rates again. The City Council will be considering a rate change at their November 18 meeting, which will increase the annual license fees from the current $10 per unit to $20 per unit. Part of the increase will be used to pay for the cost of web-based software that will automate the notice and inspection process. If you would like to comment on the new fees, be sure to attend the Council meeting on November 18 at City Hall.
Irving ordinance changes
For those with property in the City of Irving, you are well aware of the increased Code Enforcement and Police activity in the city. As reported last month, the City Council adopted a very long and all-encompassing ordinance, despite pleas from the Apartment Industry and representatives from the Home Builders Association to give us time to review the ordinance and provide comments. We have never seen a Council move so quickly to adopt such a complex ordinance without the input of the affected industries and against the will of so many people in attendance. The AAGD Board of Directors is very concerned about the direction the city is taking and the requirements embedded in the ordinance, and have been discussing various options for dealing with this ordinance.
Meanwhile, the city staff is preparing materials to assist you in complying with the new regulations. They will send out materials on November 10 that will include the License Renewal Application, as well as the much anticipated Property Risk Rating Assessment Score. You will learn exactly what level your property has been assessed to be, with level 1 being the highest ranking and level 4 the lowest. A November 15th mailing will give you information on the mandatory Crime Free Multihousing program, as well as an invitation to attend a workshop on December 2nd. You will certainly want to attend the December 2 workshop, which will be held at 2:00 p.m. at Irving City Hall in Council Chambers. You should receive a full overview of the changes to Chapter 8 of the city’s ordinances, and have all of your questions answered. If you would like a copy of the 163 page ordinance, they are available in the City Secretary’s office at City Hall, or they will be available at the December 2 meeting.
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