ne Minneapolis wera 126733000 City of Lakes wwwiminneapolismn.gov February 23, 2016 Ashley Feitag Co-President Seward Neighborhood Group 2323 East Franklin Avenue Minneapolis, MN 55406 Dear Ms. Feitag: Thank you for your letter of February 10, 2016 passing along questions related to the City of Minneapolis’ rental licensing and inspections program. | appreciate the opportunity to answer questions and clarify any potential confusion. The goal of Regulatory Services leadership and staff is to achieve compliance to protect residents and property owners while fulfilling our mission: strengthening communities by partnering with residents, neighborhoods and businesses to make the city safer, healthier and more inviting for all. Attached, please find answers to the seventeen questions posed in your letter. Regulatory Services staff and | look forward to the opportunity to discuss further as needed, Sincerely, Pb Noah Schuchman. Interim Director Cc: Council Member Abdi Warsame Council Member Cam Gordon Marcela Sotela Odor, Policy Aide — Ward 6 Robin Garwood, Policy Aide ~ Ward 2 Kellie Rose Jones, Deputy Director — Administration & Community Engagement Mike Rumppe, Deputy Director — Housing Inspection Services1. Is it possible to prioritize the code violations? Which health and safety items should be a priority? Could cosmetic improvements such as plaster repair and painting (which is disruptive to tenants), and exterior painting (which cannot be completed in the winter) be a lower priority and given more time? It is common to prioritize code violations. For obvious reasons, life safety issues are always our highest priority and we are generally not able to adjust timelines for compliance. Examples include - but are not sd to - smoke and CO detectors, electrical hazards, open plumbing or sewer, and structural defects that are deemed by the inspector to be a distinct hazard. Plaster repair in cases that expose a potential fire to balloon frame construction in older homes is also a distinct hazard, In the case of cosmetic orders, we are always willing to work with the property owner on timelines that are reasonable based on the scope of work and the time of year the orders are issued 2. Please explain why owner occupants are required to have a rental license. Other municipalities are able to function fine with an owner occupant exemption. There are other ways to protect the pul from bad landlords, i.e. nuisance laws. City ordinance requires al rental properties to obtain a license, including owner occupied dwellings. This, allows for consistent enforcement of life safety and housing maintenance code standards for all rental properties and consistent protection for all tenants within the City of Minneapolis, 3. Will these new, stringent inspections affect property sales? For example, if someone were to sell a rental property, would the property be subject to this same level of inspection before putting the Property on the market or would the onus be on the purchaser when the property is up for inspection? Prior to the sale of any residential property a TISH (Truth in Sale of Housing) inspection is required. TISH inspections are done by the City of Minneapolis Construction Code Services division. The purpose of TISH inspections is to provide information on any potential issues to both the owner and the seller of the property prior to closing. If the property remains as a rental, the new rental property owner must file for a new rental license and change of ownership. When new rental license applications or any change of rental property ownership is received by the City, a rental license inspection is scheduled within six months of that application. After compliance with the ini property inspections. pection, the property goes into the appropriate regular cycle of rental 4. Will new repairs or improvements trigger an inspection? Some property owners are reluctant to make improvements for fear it may trigger an inspection. Not necessarily. It depends on the improvement. Any major plumbing, mechanical, electrical or structural work requires a permit for the work being done. The work is then inspected upon completion by a trade inspector from the Construction Code Services division for the type of work being done. The purpose of that inspection is to make sure that the work being done meets the current standard of the appropriate code. New repairs or improvements and associated permits do not trigger any inspection by Housing Inspections staff. If you are not sure if the work being performed requires a permit, itis best to contact Code Construction Services with the City of Minneapolis via 311 or the Development Review counter in the Public Service Center. Electrical permits and inspections are handled by the State of Minnesota. 5. Whatis the process for filing grievances and complaints? Many property owners have had very bad experiences with the inspector. Please clearly explain the procedure and provide contact information for each step in the process (name, email and phone number).Regulatory Services prioritizes customer service. Please feel free to contact any of the following people about concerns with any specific order or Housing Inspector. ‘+ For North, Northeast and Southeast area complaints please contact Field Manager Pat Hilden, patrick.hilden@minneapolismn.gov, 612-673-3317. * For South area complaints contact Field Manager Mul Le, mui le@minneapolismn,gov, 612-673- 3405. * You can also contact Deputy Director for Housing Inspection Services Mike Rumppe, michael.rumppe@minneapolismn gov, 612-673-3143 ‘We appreciate feedback on the inspections process and interactions with staff and actively use that feedback to improve our processes and address concerns with staff as appropriate. 6. Whatis the process for appealing a citation? Property owners have indicated that they have been given incorrect information on submitting an appeal. Please clearly explain the procedure and provide contact information for each step in the process (name, email and phone number). Its also our understanding that there is an Appeal Review Board, which can override an inspector's decision on the interpretation of codes. ‘The following information is included with every administrative citation: Responding to the Citation You must pay the scheduled civil fine or request a hearing within twenty (20) days after service of this administrative citation. Failure to respond to this citation will result in increased penalties and fees. Paying the Citation To Pay by Mail: Using the envelope provided, send a check or money order and the bottom portion of the administrative citation to Housing Inspections Services at the address listed below. To Pay in Person: Deliver the payment with the bottom portion of the administrative citation to the Minneapolis Development Review counter. MOR is located at the address listed below. Office hours are Monday, Tuesday, Wednesday, Friday, 8:00 AM to 4:00 PM; and Thursday, 9:00 AM to 4:00 PM. Appealing the Citation To appeal the citation, you may file an appeal online at minneapolismn.gov/hearings. You may also mail or deliver in person a written request to Housing Inspections Services. If mailing in an appeal, please include the bottom portion of the administrative citation with your request. You will be notified of a hearing date within sixty (60) days. Repeat Violations If this is a repeat violation within a 24 month period, the fine will be double that of the last fine imposed, up to a maximum of $2,000 per violation. Continuing Violations If this is a continuing violation, citations can be issued on a daily basis until compliance is achieved. A reinspection will occur after the due date listed on the front of this citation, which may result in additional reinspection fees. Please note that even when an appeal is filed or a citation is paid, the City is able to continue issuing additional citations until compliance is achieved. Questions IF you have questions concerning the actual violation that led to this citation, please call the number listed next to the name of the Housing Inspector on the front of this citation, For more information about the payment of the citation, please call Housing Inspections Services at (612) 673-2007. For more information about the hearing process, please visit minneapolismn.gov/hearings or call (612) 673-3000.Mail payment and correspondence to: City of Minneapolis — Housing Inspections Services Adiministrative Citation Processing 250 South 4* Street, Room 300 Minneapolis, MN 55415-1391 Please make checks payable to Minneapolis Finance Department. In most cases, housing orders can be appealed to the Housing Board of Appeals. Violations of the zoning code cannot be appealed. Its best to contact Deputy Director, Housing Inspection Services Mike Rumppe directly prior to requesting an appeal of any housing order, so that he can look at the issue administratively prior to any appeal hearing. Most issues can and are resolved without a hearing. Housing Board of Appeals hearings are scheduled as needed and the board consists of the Director of Regulatory Services (or designee), the Fire Chief (or designee) and the Building Official (or designee). See question #5 for Deputy Director Rumppe’s contact information. 7. Why are code violations and repairs that have existed for decades no longer being "grandfathered" in? Many items even go back to the original construction and have functioned effectively for many decades. ‘The expectation seems to be current owners are responsible for repairs or upgrades that have never been an issue with city inspections in previous decades. Structural construction and installation of electrical, gas, plumbing and mechanical equipment that met the code at the time of initial installation or construction and that can be maintained in its original working order should be “grandfathered”. The exception is the case when an inspector deems there to be a distinct hazard. Some items such as furnace safety checks are mandated for older appliances to provide proof of their working order. Some items like smoke and carbon monoxide detectors have no “grandfather” rights at all. Ifthere is a specific question about an order, please contact the inspector or supervisors listed in question #5 for additional review. 8. Anumber of property owners have said the inspector only mentioned a few items verbally, but when he sent the report it had many more "'violations." Is it possible for inspectors to fill out a preliminary report on the spot listing all violations discovered, hand it to the home owner with a signature, so some questions could be answered right away? Otherwise, home owners feel ambushed with a long list of items which were not pointed out and explained during the visit. This is something we are currently working on. Because of pending implementation of our new land ‘management and inspections software, we are months away from having the ability to use hand held portable devises and printers in the field, It is our hope to be able to give an initial notice of violation at the time of an initial inspection or re-inspection sometime in the near future but until the software and field inspection system are implemented we will not have specifics. At the same time itis important that all housing inspectors also be good public educators. Good field inspectors should take the time to go over known violations with a property owner and explain why they are required. There is a direct correlation with gaining compliance when there is a clear understanding of why something is required. If that an explanation during the inspection is not happening, please follow the steps outlined in question #5. The only exception would be for a code violation that requires further research by the Inspector that cannot be done in the field. 9. Is the new level of inspections being implemented consistently across all neighborhoods? Owners of property in other neighborhoods have not expressed the same frustration with the inspection of those properties. Is the city targeting specific neighborhoods, and if so, why?Our inspection process has long been implemented equally across all neighborhoods. The frequency of rental license inspections is based on the Tier designation of the property. Tier | properties have less frequent inspections where Tier Il and Ill properties have more frequent inspections. Neighborhoods with a greater number of Tier Il and Ill properties have more frequent inspections. The City does not target specific neighborhoods for rental license inspections. 10. What are the expectations regarding common areas in rental properties? Could infractions in seldom-used common areas (cellar stairs, attics, etc.) be given a lower priority? It depends on the potential violation and the specifics of the property. If common areas are a part of the “means of egress” from the property, then due to safety concerns they cannot be given a lower priority ‘and may be considered a life safety hazard. In other cases not involving life safety, they can be considered a lower priority but we would still expect compliance at some point in time in the case of a distinct violation of a code or ordinance. We expect inspectors to use their best professional judgment and work with property owners where appropriate on these issues. 11. Why are owners required to pull permits for projects done years ago without permits, if the work was done properly? If it doesn't meet the standard after the inspection the owner would need to pull a permit for required work. This ties into question #7 above. If there appears to be a change in construction or the use of electrical, plumbing, mechanical or heating systems, a permit has always been required at the time of an upgrade or addition. The purpose of that permit and subsequent inspections — even after the fact - are to make sure that the work was done meeting the standard of the code at that time. IF it appears that recent work has been done without a permit, the inspector should require that a permit be pulled so that it can be appropriately inspected by Construction Code Services staff and shown that the installation was performed to code. Older work that has not been altered should not require the property ‘owner to provide proof of a permit or inspection unless the inspector believes that there is a distinct. hazard. 12. Could the inspections Office send out a check list of items that will be covered in the inspection? Can they designate "safety/ items" and "appearance items" or some such terms? This would provide an opportunity for the owner to correct some items prior to the inspection and reduce the number of violations. This would be simple, inexpensive, respectful and effective. In the current initial inspection appointment letter sent to property owners there is a link to the city’s website that provides a checklist of most common violations, Paper copies are also available upon request. 13. Could the Inspections Office provide education classes for property owners explaining the process of inspection, the items covered, tips on preparation, deadline information, etc.? We have historically provided information for rental property owner workshops provided by the Minneapolis Police Department and the Minnesota Multi Housing Association. If the Seward Neighborhood Group is interested in a more focused workshop, we are happy to do so. 14. Could the Inspections Office set up a hotline for those who have questions after they get their “report” from the City, so the homeowners can ask questions and get a timely reply? If the Inspectors give people deadlines, then an immediate response to questions is surely reasonable. Many property ‘owners have had difficulty getting a response from the Inspections Office to their questions. It is always best to contact the inspector directly. Their name and phone number are on the initial orders. You can also contact 311 and request a call back from the inspector that issued the initial orders. You should expect a call back ‘two business days. If you do not receive a call back within two business days follow the steps outlined in question #5.‘Our understanding from the meeting we attended in November was that there were issues with getting calls back from inspectors, That is not acceptable and we have taken steps to clarify expectations with staff and provide them with assistance. 15. Would Inspections have any objections to a home owner facing an inspection videotaping that inspection visit? Would there be any objection if the home owner had an attorney present? Regulatory Services would prefer that the inspection visit not be videotaped. If an owner were insistent on videotaping the inspection, we would request notification prior to the inspection visit so that our staff understands what they are going to encounter during the inspection. Regulatory Services would have no objection to having an attorney present during inspections; however inspectors would not enter into any conversations with or take direction from a property owner's attorney during the inspection. 16, How are the deadlines for completion of the corrections determined? Many property owners receive ‘multiple citations with lists of items at the same time, all requiring completion within two weeks. Itis impossible to get all of the items completed within the time frame, especially if they require a licensed electrician or plumber. What is the procedure for requesting a time extension? All code violations default to a set amount of time in our system. Most life safety issues default to two weeks, while non-life safety issues default to one month. When life safety issues are included with non-life safety issues, the default is to the shortest time period. Regulatory Services realizes that a two week time frame for norvlife safety issues or Issues that require warmer climates to repair are not reasonable and we generally expect inspectors to adjust deadlines in those cases. If that does not happen, contact the Inspector directly or contact 311 and request a call back from the inspector to request an extension. You should expect a call within two business days. If you do not receive a call back within two business days follow the steps outlined in question #5. ‘Our hope is that the new land management and inspection software will provide inspectors with more flexibility to use their discretion when setting deadlines for compliance. As always, our main goal is ‘compliance and inspectors are expected to work with property owners to resolve orders as appropriate. 17. If the inspection identifies a health and safety item requiring the evacuation of tenants, can the Inspector provide a handout listing resources that can be contacted to provide temporary shelter? We recently had a case where a tenant came home to find his apartment condemned due to an unsafe furnace. The family was homeless for more than a week before they could get into other housing. This is at cross purposes with other City and County departments focused on preventing homelessness. Inspectors should have a list of resources available at the time of condemnation. We can and have under some circumstances worked with the tenant to determine a vacate date that works for both the tenant and the inspector and considers weather conditions and other mitigating factors. If for some reason the Inspector does not have a list of resources forthe tenant, please contact 311 or the supervisors listed in question #5.