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78 <br />With an MOU, the property owner agrees to correct all violations according to a set <br />79 <br />schedule. The property is then monitored for compliance. <br />80 <br />If the property does not maintain this schedule, the property is brought before <br />o <br />81 <br />Council with a staff recommendation that the property be re-assigned a D type <br />82 <br />license (with re-inspections and payment of fees every 6 months) until the <br />83 <br />property is again in compliance. <br />84 <br />Staff anticipates many of the items in a MOU would be similar and therefore is <br />85 <br />requesting Council approve general guidelines regarding acceptable timeframes for <br />86 <br />compliance so that MOU’s will be consistent, have Council direction, but not require <br />87 <br />dozens of Council hearings that are repetitive and unnecessary. Any applicant that <br />88 <br />disagrees with a proposed MOU or any determination of staff, always has the ability to <br />89 <br />bring that issue to the Council in an appeal. <br />90 <br />In order for the Memorandums of Understanding process to function efficiently and <br />91 <br />effectively, a Council approved policy is proposed. This would provide guidance for <br />92 <br />staff when entering into MOU’s with property owners. The following are proposed: <br />93 <br />The MOU form to be developed by the city attorney. <br />o <br />94 <br />MOU’s to be signed by both the property owner/manager and the City. <br />o <br />95 <br />Life-safety violations required to be corrected immediately. <br />o <br />96 <br />Basic maintenance violations required to be corrected within 90 days. <br />o <br />97 <br />Extensive or weather dependent violations required to be corrected over a <br />o <br />98 <br />reasonable period of time (approved by the Community Development Director). <br />99 <br />Note: staff to also share HRA funding information with rental properties, to <br />100 <br />possibly assist with costs. <br />101 <br />This policy would work very similar to the current ‘public nuisance/abatement <br />o <br />102 <br />process’. Where properties are cooperating with the ordinance, operations remain <br />103 <br />with staff. Where properties are not cooperating with the program (or wish to <br />104 <br />appeal), the issues are brought before Council. <br />105 <br />Note: The Police Department has been using MOU’s and they have proven to be <br />o <br />106 <br />successful and effective. <br />107 <br />6.Section 908.04.F: Revise ordinance wording to clarify that payment of license renewal fee is <br />108 <br />required by the license renewal date: <br />109 <br />This revision specifies that payment of the license fee is due by the license renewal date. <br />110 <br />The present language (‘…within thirty (30) calendar days of notice of licensing type.’) <br />111 <br />specifies a date that is ambiguous and could be a moving target. Both property <br />112 <br />owners/managers and the city will be better able to plan ahead for payments if there is a <br />113 <br />specific date. <br />114 <br />7.Section 908.08A & B: Extend the appeal timeframe to 30 calendar days and the public hearing <br />115 <br />timeframe to 90 calendar days: <br />116 <br />Present ordinance language requires a property owner/manager to file an appeal within <br />117 <br />ten (10) calendar days of an order or decision being given (by staff). With most <br />118 <br />decisions (in correspondence) sent by mail, this could mean there would not be enough <br />119 <br />time for the property owner/manager to review the order/decision and respond. It is <br />120 <br />proposed to increase this timeframe to 30 calendar days. <br />121 <br />Present ordinance language requires the City to hold a public hearing before City <br />122 <br />Council within 30 calendar days of receipt of an appeal. Depending on the time of year <br />123 <br />and Council’s public meeting schedule, this timeframe does not allow enough time for <br />124 <br />staff review and discussion of the appeal, scheduling of a public hearing, and, creating <br />125 <br />RCA’s in time for the Council packet. Also, multiple rental properties typically renew <br />126 <br />Page 3 of 5 <br />