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5 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br /> 7 <br />privacy of the tenants. Knowing the nu mbers of individuals within a rental <br />unit is important to enforce limits on overcrowding and accurately address <br />the numerous complaints we get concer ning overcrowding. Also, having the <br />head-of-household identified helps save staff time researching these <br />individuals and their phone numbers an d therefore keeps costs down for the <br />city by enabling staff to address and resolve complaints more quickly . <br />6. 907.28: second sentence: Requirement that utility services be maintained in 8 <br />the name of the property owner? Staff response - Without this provision 9 <br />property owners sometimes make city billing staff the defacto landlord in <br />trying to resolve billing disputes. Unde r the City Code, the property owner is <br />responsible for water and sewer charge s to the property. The proposed <br />provision in the rental ordinance is consistent with the City Code. <br />10 <br />11 <br />12 <br />13 <br /> 14 <br />7. 907.15: What happens under state law or this ordinance if the rental 15 <br />property owner fails to designate a loca l agent, fails to maintain the local <br />agent, or fails to update the city wi th information about the local agent? <br />Increase to the 13-county area. Staff Response - They could be in violation <br />of the ordinance and, after warnings, co uld be justification for revocation of <br />the license - this violation could be a misdemeanor. The local agent range <br />could increase to the 13-county metro area . <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br /> 22 <br />8. 907.13: Three violations based upon tenant actions would leave the owner in 23 <br />an economic disadvantage wh ile they try to evict. Property could be vacant <br />for some time due to these issues . Staff Response - The City (Council or <br />HRA) could provide a waiver on penalty if the owner is making a good faith <br />effort to resolve the issues and evic t the problem tenants who have broken <br />the law. Also, the city could provide owners with better tenant screening <br />methods so the issue does not reoccur . <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br /> 30 <br />9. 907.12: Violation is subject to fine & impr isonment. This is too harsh. Staff 31 <br />Response - This is standard compliance language used by cities to encourage <br />consistent violators and only always used as a last resort method. The act of <br />writing a citation is not a fine or imprisonment. Court citations are written <br />when there is an impasse between the city and a property owner over an <br />issue; the property owner disagrees with the city’s position or action. A court <br />citation means the issue in dispute is th en taken before an impartial party (a <br />judge) for an impartial determination. Judges are typically interested in <br />resolving issues, not handing out punish ment. The threat of a fine and/or <br />imprisonment is used by a judge as an incentive but usually only results when <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40