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Rental ordinance forwarded with planners' concerns
(by Sue Reid - September 02, 2010)
Rental ordinance forwarded with planners' concerns
By SUE REID
After over four months of discussion on a rental-occupancy-permit ordinance in Solon, the planning commission has forwarded a draft document to City Council.
At its meeting last week, the commission closed a public hearing and approved a draft of the ordinance with the condition that concerns of commission members are considered by council. The motion also includes a condition that the recommendation is not a blanket approval of what is written in the draft, but a general concept of what needs to occur for registration and inspection of rental properties.
"We weren't going to come to a majority rule on what was presented, so the effort was made to have the concerns of the members at least documented in the minutes, so the council can appreciate what we had heard," commission chairman William M. Mazur said.
"I don't think anyone can expect all five commission members to agree on every single item in this ordinance," said Mayor Susan A. Drucker, who is a member of the planning commission.
All five commission members agreed that registration of rental properties is necessary, but their opinions varied with regard to interior inspections.
"Registration without inspections would make legislation meaningless," Councilwoman and commission member Toni M. Richmond said she was told during a discussion on the issue with Law Director David J. Matty. "That was his opinion, and I agree with it," she said. "I support the entire legislation."
Mr. Mazur said that he would be open to internal inspections, but only at the change of occupancy. "I do feel it's an invasion of privacy," he said of the interior inspections. "I would not want a government official walking through my house determining if it's clean or sanitary. That's a little bit over the top."
Mrs. Drucker said, if the commission is willing to move forward with the registration, "we should have minimum standards" for the interior, such as certain sanitary services.
Ms. Richmond said, in her discussions with other communities, such as Westlake, officials indicated that they wished they'd put in their ordinance that inspections follow the standards set by the International Code Council. It would have given their ordinance more "teeth," Ms. Richmond said she was told.
Solon Planning Director Robert S. Frankland said the ordinance before the commission spells out standards from the International Code Council.
Commission member George K. Hrabak said he is leaning toward accepting the entire ordinance, not just the registration portion.
Commission member Roger C. Newberry said he has a problem with diving "head first" without seeing where it's going. He feels sorry for the residents who have spoken at the public hearing over the months about conditions of rental properties in their neighborhoods, he said. "I want to relieve your miseries, but I'm not sure this legislation will do that."
"We have to start somewhere with this process," Mrs. Drucker said. "This is not an isolated problem in any particular ward. "We can't keep burying our heads in the sand.
"When we have houses and activities going on in the city that negatively impact neighborhoods and residents cannot enjoy the safety and security of their biggest investment -- their home -- then something is wrong," Mrs. Drucker said. "This is something we have to move forward with. I support implementing something and getting the ball rolling."
Ms. Richmond said her position on the ordinance has changed since the beginning. "My thoughts about this legislation were focused on what I initially thought would be an intrusion into private lives of individuals who rent in our city," she said. But she said she has come to change her views about the utility to the city of the proposed legislation after hearing testimony from residents and the building official from North Randall who spoke at the first public hearing.
"I have said all along that I do not believe that the proposed legislation is a panacea to our problems with the decline of our housing stock in Solon," Ms. Richmond said. "However, I do believe that with rigorous enforcement, that it will provide an incentive for landlords and tenants to respect the occupancy limits and the lawful uses of dwelling spaces within our city.
"If we continue to sit back and watch the degradation of our neighborhoods, then our residents, who place high value on these standards, will start to look to other areas to move," Ms. Richmond said. "Other high-end cities have similar legislation and I believe that it is time that we follow their lead."
Mrs. Drucker expressed thanks to all of the residents who have come before the commission during the public hearing over the past few months. "I appreciate you all coming forward and sharing your input," she said.
Ms. Richmond said residents should continue to share their thoughts, especially now that it will go before City Council.
"This may be out of the planning commission now, but it will be met with opposition at the council level," Ms. Richmond said. "If citizens of Solon think this occupancy ordinance is something needed and will protect the integrity of their neighborhood and preserve their home, then they need to come out and speak on it and let their ward councilman know that this legislation is needed. Otherwise it might not get out of council."
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