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Agenda Workshop - 12/10/07 CITY Of WOODBURN CITY COUNCIL AGENDA DECEMBER 10, 2007 - 7:00 P.M. KATHRYN FIGLEY, MA YOR W ALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELlDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCil CHAMBERS - 270 MONTGOMERY STREET 6:00 PM - WORKSHOP 1. DRAFT HOUSING CODE 7:00 PM - REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Holiday Closures: Christmas: City Hall and the library will close at noon on December 24 and will reopen for regular business hours on December 26. The Aquatic Center will be closed on December 24 and 25. New Year's: City Hall and the Library will be closed on January 1. The Aquatic Center will be closed December 31 and January 1 . B. The Community Services Department is updating the City's Parks and Recreation Master Plan. A public meeting will be held on Thursday, December 13, at 7:00 pm in the Library multi-purpose room to review the results of the focus group sessions with key stakeholders that are being held tomorrow and Wednesday. All interested community members are encouraged to attend the December 13 meeting and provide feedback. C. Carleton Hart Architecture will present its report on the feasibility of expanding the aquatic center, and for constructing a stand- alone cultural arts and community center at the January 14, 2008, City Council meeting. All interested community members are encouraged to attend, or to watch the report on WCAT. "Habra interpretes oisponibles para aquellas personas que no bablan Ingles, previo acueroo. Comuniquese al (503)980-2485:' December 10, 2007 Council Agenda Page i (-" .aC~.'"",1wt&.i ~.ri'^'. 'LodJ,~ ~ WQ.ODBljRN In'orp"ra/~J 1881/ ~~ . . December 10, 2007 FROM: Honorable Mayor and City Council J!J John C. Brown, City Administrato~V TO: SUBJECT: Housing Ordinance RECOMMENDATION: Consider the attached rental housing ordinance discussion draft, and provide direction to staff as appropriate. BACKGROUND: The City Council has discussed a housing ordinance during its goal setting sessions since 2003. Although it was not added to the Council's formal list of goals until 2007, staff indicated in earlier sessions the matter would be addressed as time and resources permitted. The housing ordinance has been included in City Attorney department goals since 2005-06 budget, but took a back-seat to other more pressing matters, as it awaited administrative analysis in other departments. The City Attorney's goals for 2007-08 provide a December 31, 2007 completion date for an ordinance. Council's early discussions regarding a housing ordinance explored the consensus that might exist regarding the desirability of property maintenance regulations beyond those provided by the Dangerous Building Ordinance. Subsequent discussions delved into protecting tenants from substandard housing conditions due to lack of maintenance and/or structural deficiencies. Staff was asked to review models, such as the Uniform Housing Code for the purpose of customizing them to fit Woodburn's needs. Staff was also asked to provide an analysis of the impact on city staff and financial resources. By January 2007, the Council's focus was refined to structural condition. In 2004, Building Division staff attempted to quantify the workload and fiscal impacts of implementing a housing ordinance. They determined staff time and city costs would depend on the scope of the program, and the difficulty encountered in obtaining compliance from property owners. Although that Agenda Item Review: City Administrato _ City Attorney Finance Honorable Mayor and City Council December 10, 2007 Page 2 . . analysis was not sufficient to assist in a Council decision at that time, it remains true that workload and fiscal impact will be determined by the scope of enforcement. staff has also pointed out that protections and enforcement authorities already exist, in the form of the Dangerous Buildings Ordinance, the Nuisance Ordinance, and Oregon tenant/landlord relations law. DISCUSSION: The attached ordinance was prepared relying on assumptions based on my discussions with the City Council and staff. Those assumptions are: . The City Council wants to insure decent housing for those who rent from others and have little or no choice in how a structure is maintained . Enforcement should be limited to habitable, residential, structures . Duplication of, or overlap with, other programs should be avoided . An ordinance should be internally consistent and consistent with other legal authorities . Enforcement should be conducted using Code Enforcement Officers, City or County Building Division staff should be used as a supporting resource . Enforcement procedures should mirror those used to abate other nuisances . The financial cost of the program should be borne by its beneficiaries Most of these assumptions are a policy choice. As I view it, however, there are two major policy choices, beyond the fundamental question of "does a need exist for this ordinance?" which I'll address in greater detail later in this report. These are breadth of application and financial responsibility. Staff examined four options for developing a housing ordinance: adopt the Uniform Housing Code, modified to address the foregoing assumptions; adopt the International Property Maintenance Code, modified to address the forgoing assumptions; adopt the housing code of another City, modified to address the foregoing assumptions; or develop an entirely new ordinance. As the first three options can be implemented more efficiently, the last option was not pursued. As additional background, the Uniform Housing Code (UHCI was last updated in 1997. It was superseded by the International Property Maintenance Code (IPMC), the current version was adopted in 2006. The UHC was authored by the Honorable Mayor and City Council December 10, 2007 Page 3 . . International Conference of Building Officials (ICBO) based on the Uniform Buildinq Code (UBC). The ICBO then coordinated a code update with two other regional organizations and developed a new set of national model codes. This collaboration by the three major code groups resulted in the formation of the International Code Council and the creation of the International Buildinq Code, which replaced the UBC as the predominant model building ordinance. The IPMC is the successor to the UHC, based on the International Building Code. The City of Woodburn has adopted the State of Oregon Structural Specialty Code (OSSC) and the State of Oregon Residential Specialty Code (ORSC). These codes are compatible with the International Code Council documents established in the IBC. The change from UHC to IPMC does not prevent Woodburn from adopting the UHC. That the code was superseded, however, combined with other factors, led staff to recommend a different model for a Woodburn ordinance. Those factors can be enumerated at your request, but generally can be characterized as inconsistencies or overlap with the WDO, and dangerous building and nuisance ordinances; procedures that differ significantly from those utilized for other City abatement activities; references to the UBC and Uniform Mechanical Code that are no longer pertinent; standards higher than the OSSC and ORSC adopted by the City, and those outside the City's authority to enforce; and designation of responsibility to departments and officials that do not exist within the City organization. As successor to the UHC, the IPMC was also evaluated by staff as the model for a housing ordinance. Factors weighing against that recommendation can also be enumerated. In general, however, staff found the IPMC presented some of the same kind of problems as the UHC. And it applies to all structures, not just those used for habitation. In its analysis of the ordinances used in other Oregon cities, staff found the same model is being used effectively in Corvallis, Portland, and Tigard and applies only to rental housing. This same model has more recently been adopted in Eugene, where it is also being used effectively. The attached ordinance is based on that model, modified to address Woodburn assumptions, particularly those related to process. Staff believes the attached ordinance, when combined with existing ordinances and State law provides the protection contemplated by the Council, and addresses the assumption upon which it was developed. It is presented for your consideration, discussion, and further direction. Honorable Mayor and City Council December 10, 2007 Page 4 . . In summary, the ordinance: . Provides only minimum habitability criteria, enumerating standards for: o structural integrity o Plumbing o Heating o Weatherproofing o Chimneys o Stairs, handrails, porches, and guardrails o Windows o Doors o Smoke detectors; and o Addressing It: . Applies to only, but all, rental housing in the City of Woodburn including apartments multi-plexes and single family units · Exempts hotels and motels; hospitals, nursing care, and medical facilities, group homes and manufactured dwellings in a manufactured dwelling park . Supplements the Oregon Residential Landlord and Tenant Act . Compliments, rather than overlaps, City Nuisance and Dangerous Buildings ordinances . Provides the same due process to those who are subject to enforcement, and follows the same abatement process as other City nuisance ordinances. · Establishes a fee, to be imposed on the owner of each rental unit, to recover the cost of enforcement. The fee would be updated as part of an annually review of the Master Fee Schedule, based on preceding year's costs. If adopted, staff proposes to administer this ordinance on a complaint-driven basis, using code enforcement staff as the primary contact. Depending on complexity of a case, building division staff, or the county building division staff, might serve as technical resources. The number of complaints to be addressed each year is unpredictable. It is the experience in other jurisdictions, however, that enforcement activities will tail off as landlords become more familiar with their responsibilities and as problems are corrected. Beyond the fundamental question of "is there a need for this ordinance," are the questions of how broadly should the ordinance be applied - all buildings, all residential structures whether owner occupied or rented, or only to rental units - Honorable Mayor and City Council December 10, 2007 Page 5 . . and should the beneficiaries be required to support the cost of enforcement activities. Staff recommends the Council limit applicability to rental units only, as tenants may have little or no control over how a property is maintained. This limitation would allow owner/occupiers to exercise their choice to live in poorly maintained structures, a choice that affects neighbors and the surrounding neighborhood. Limiting enforcement to rental units facilitates the imposition of program charges to beneficiaries. Imposition of a property-based charge to all residential units in the City is problematic; an assessment placed on rental businesses is far less so. While improving the condition of our rental housing stock benefits the entire community, the primary beneficiary of this program is the resident. Accordingly, staff also recommends the Council assess a charge for each rental unit. This would be a charge to the landlord, to support the cost of the program. The charge would, presumably, be passed on to the tenant in the form of a rental assessment. The program will be conducted to control costs, which will be accounted for each year. It is proposed that the initial assessment be adjusted annually, to recover the previous year's costs of operation. A nominal amount of between $5 and $8 per unit is suggested as a starting point, which might generate between $10,000 to $15,000 in the first year, based on a loosely estimated 2,000 rental units. Such a sum might be sufficient, if the number of cases is low, and compliance is quickly obtained. More complicated cases, on the other hand, such as those requiring adjudication, would easily consume such sums. The attached ordinance and this report are intended to prompt additional discussion regarding the policy considerations identified in this report. If the Council wants to proceed with the attached ordinance, it is recommended staff be given the opportunity to review the document with our landlord and apartment manager community partners, before an ordinance is adopted. FINANCIAL IMPACT: As previously indicated, the fiscal and workload impacts of this program are difficult to predict. A complaint driven program will help contain costs by limiting the number of open cases. The amount of time needed to bring each case to closure will vary. Based on our Code Enforcement experience, however, it is expected that most property owners will remedy deficiencies Honorable Mayor and City Council December 10, 2007 Page 6 . . when they are notified. Rather than attempt to predict the budgetary requirements for this program, if the Council chooses to implement the program, it is recommended that no budgetary or staffing adjustments be made at the present time. It is recommended that the program be allowed to operate for a year, before any adjustments are made. It is recommended, however, that fees become effective with the adoption of the ordinance, to reduce impact to the general fund. DISCUSSION DRAFT COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE REGULATING RENTAL HOUSING; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; AND SETTING AN EFFECTIVE DATE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This Ordinance shall be known as the "Woodburn Rental Housing Ordinance." Section 2. Purpose. The purpose of this Ordinance is to provide minimum habitability criteria to safeguard health, property and public welfare of the owners, occupants and users of residential rental buildings. Section 3. State of Oreaon Residential Landlord and Tenant Act. This Ordinance is intended to supplement and not conflict with the habitability standards of the Oregon Residential Landlord and Tenant Act. Section 4. Scope. A. Except as described below, these standards shall apply to rental housing located within the City. B. Notwithstanding subsection 4A and consistent with the Oregon Residential Landlord and Tenant Act, the following are exempted from the application of this Ordinance: 1. Hotels, motels and lodging houses; 2. Hospitals and other medical facilities; 3. Nursing care facilities as defined in the Woodburn Development Ordinance; 4. Group homes and group care facilities as defined in ORS Chapter 443; and 5. Manufactured dwellings located in a manufactured dwelling park that existed on the date of this ordinance. Page 1 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT Section 5. Definitions. For purposes of this Ordinance, the following definitions shall apply: Apartment House. Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes. Building Code. The currently adopted edition of the State of Oregon Structural Specialty Code and Residential Specialty Code. Dwelling Unit. A single unit providing complete independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking, and sanitation. For purposes of this Ordinance, where portions of a residential building are occupied under separate rental agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion under a separate rental agreement shall be considered a dwelling unit. Enforcement Officer. A police officer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. Habitable Room. Any room used for sleeping, living, cooking or dining purposes, but excluding closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces. Landlord. The owner, lessor, or sublessor of a dwelling unit. Mechanical Code. The currently adopted edition of the State of Oregon Mechanical Specialty Code. Owner includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested: (a) all or part of the legal title to property; or (b) all or part of the beneficial ownership and a right to present use and enjoyment of the premises. Person. Any natural person, firm, partnership, association or corporation. Rental Agreement. All agreements, written or oral, concerning the use and occupancy of a dwelling unit and premises. Rental Housing. A dwelling unit which is the subject of a rental agreement. Page 2 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT Section 6. Standards. A. structural Inteoritv. Roofs, floors, walls, foundations and all other structural components shall be capable of resisting any reasonable stresses and loads to which these components may be subjected. Structural components shall be of materials allowed or approved at the time of construction by the Building Code. B. Plumbino. 1. Plumbing systems shall be installed and maintained in a safe and sanitary condition and shall be free of defects and leaks. 2. Every plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer system. 3. All sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water and have a water pressure of at least 15 psi. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of at least 120 degrees at any time needed. 4. In every dwelling unit all plumbing or plumbing fixtures shall be: (a) Properly installed, connected, and maintained in good working order; (b) Capable of performing the function for which they are designed; and (c) Installed and maintained so as to prevent structural deterioration or health hazards. C. Heatino. 1 . There shall be a permanently installed heat source with the ability to provide a room temperature of 68 degrees Fahrenheit three feet above the floor, measured in the approximate center of the room, in all habitable rooms. Page 3 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT 2. All heating devices or appliances shall be of an approved type. 3. Portable heating devices may not be used to meet the dwelling heat requirements of this Code. 4. Ventilation for fuel-burning heating appliances shall be as required by the Mechanical Code. D. Weatherproofina. 1. Roofs, exterior walls, windows and doors shall be maintained to prevent water leakage into living areas which may cause damage to the structure or its contents or may adversely affect the health of an occupant. 2. The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building and shall channel rainwater in an approved manner to an approved point of disposal. E. Chimneys. Every masonry, metal, or other chimney shall remain adequately supported and free from obstructions and shall be maintained in a condition which ensures there will be no leakage or backup of noxious gases. Every chimney shall be reasonably plumb. Loose bricks or blocks shall be rebonded. Loose or missing mortar shall be replaced. Unused openings into the interior of the structure must be permanently sealed using approved materials. F. Stairs and Porches. Every stair, porch, and attachment to stairs or porches shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose. G. Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened, and shall be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements: 1. Handrails and guardrails required by building codes at the time of construction shall be maintained or, if removed, shall be replaced. Page 4 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT 2. Where not otherwise required by original building codes, exterior stairs of more than three risers which are designed and intended to be used as part of the regular access to the dwelling unit shall have handrails. Interior stairs of more than three risers shall have handrails. When required handrails are installed they shall be installed so that they meet the applicable building code requirements in effect at the time this work is being performed. 3. Where not otherwise required by original building codes, porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below shall have guardrails. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guardrails. When required guardrails are installed, they shall be installed so that they meet the applicable building code requirements in effect at the time this work is being performed. H. Windows. 1. Every habitable room shall have at least one window facing directly to an exterior yard or court. The minimum total glass area for each habitable room shall be 6.8 percent of the room's floor area, except for basement rooms where the minimum shall be 5 percent. The exception for basement windows shall not apply where any occupancy has been changed or increased contrary to the provisions of this Ordinance. 2. Every habitable room shall have at least one window that can be easily opened or another approved device to adequately ventilate the room. Except where another approved ventilation device is provided, the total openable window area in every habitable room shall be equal to at least one- fortieth of the area of the room. 3. Every bathroom and toilet compartment shall be provided with light and ventilation, except that no window shall be required in bathrooms or toilet compartments equipped with a ventilation system. 4. Each sleeping room shall be provided with a window for emergency escape or rescue. The window shall have a sill height of no more than 44 inches above the floor or above an approved, permanently installed step. The step must not exceed 12 inches in height and must extend the full width of the window. The top surface of the step must be a minimum of six feet from the ceiling above the step. 5. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements shall have a minimum net clear Page 5 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT opening of at least 20 inches wide, at least 22 inches high, and, if constructed after July 1, 1974, at least five square feet in area. 6. Every window required for ventilation or emergency escape shall be capable of being easily opened and held open by window hardware. Any installed storm windows on windows required for emergency escape must be easily openable from the inside without the use of a key or special knowledge or effort. 7. All windows within ten (10) feet of the exterior grade that open must be able to be securely latched from the inside as well as be openable from the inside without the use of a key or any special knowledge or effort. This same requirement shall apply to all openable windows that face other locations that are easily accessible from the outside, such as balconies or fire escapes, regardless of height from the exterior grade. 8. Every window shall be substantially weather-tight, shall be kept in sound condition and repair for its intended use, and shall comply with the following: (a) Every window sash shall be fully supplied with glass windowpanes or an approved substitute without open cracks and holes. (b) Every window sash shall be in good condition and fit weather-tight within its frames. (c) Every window frame shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling. I. Doors. 1. Every dwelling or dwelling unit shall have at least one door leading to an exterior yard or court, or in the case of a two-family dwelling or apartment, to an exterior yard or court or to an approved exit. All such doors shall be openable from the inside without the use of a key or any special knowledge or effort. All screen doors and storm doors must be easily openable from the inside without the use of a key or special knowledge or effort. 2. In apartment houses, exit doors in common corridors or other common passageways shall be openable from the inside with one hand in a single motion, such as pressing a bar or turning a knob, without the use of a key or any special knowledge or effort. Page 6 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT 3. Every door to the exterior of a dwelling unit shall be equipped with a lock designed to discourage unwanted entry and to permit opening from the inside without the use of a key or any special knowledge or effort. 4. Every exterior door shall comply with the following: (a) Every exterior door, door hinge, door lock, and strike plate shall be maintained in good condition. (b) Every exterior door, when closed, shall fit reasonably well within its frame and be weather-tight. (c) Every doorframe shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling. 5. Every interior door and doorframe shall be maintained in a sound condition for its intended purpose with the door fitting within the doorframe. J. Smoke Detectors. Smoke detectors sensing visible or invisible particles of combustions or alarms shall be required in all buildings where a room or area therein is designated for sleeping purposes either as a primary use or use on a casual basis. Smoke detectors or alarms shall be installed in each sleeping room or area, in the immediate vicinity of the sleeping rooms and on each additional story of the dwelling, including basements and attics with habitable space. All detectors or alarms shall be approved, shall be installed in accordance with the manufacturer's instructions, shall plainly identify the testing agency that inspected or approved the device, and shall be operable. K. Display of Address Number. All dwelling units shall have address numbers posted in a conspicuous place so they may be read from the listed street or public way. Address numbers posted shall be the same as the number listed on the County Assessment and Taxation Records for the property. Units within apartment houses shall be clearly numbered, or lettered, in a logical and consistent manner. L. Overcrowdina. No dwelling unit shall be permitted to be overcrowded. A dwelling unit shall be considered overcrowded if there are more residents than one resident, plus one additional resident for every 150 square feet or portion thereof of floor area of the habitable rooms in the dwelling unit. Page 7 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT Section 7. Abatement Notice. Whenever a violation of this Ordinance is found to exist within the corporate limits of the city and the enforcement officer elects to proceed by abatement, the enforcement officer shall give written notice, by a type of mail that requires a signed receipt, to the landlord of the property upon which the violation exists. Section 8. Abatement. Upon receipt of the notice that a violation exists, the landlord shall have thirty (30) days to abate the violation. Section 9. Notice Reauirements. The notice to abate the violation shall contain the following: A. An order to abate the violation within thirty (30) days; B. The location of the violation; C. A description of what constitutes the violation; D. A statement that if the violation is not abated within the prescribed time, the City will seek civil penalties under this Ordinance; and E. A statement that a person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 10. Reauest for Judicial Review. The landlord may file a written request for judicial review in the Woodburn Municipal Court within ten (1 O) days of the date that the notice to abate was mailed. Section 11. Reauirements for Reauest. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A. Be in writing; B. Identify the place and nature of the alleged violation; C. Specify the name and address of the landlord seeking judicial review; and D. Identify the enforcement officer alleging that a violation exists. A copy of the notice shall be served on the enforcement officer. Page 8 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT Section 12. SchedulinQ of Judicial Review. A. The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1. Agreement of the parties; or 2. Order of the court for good cause. B. The court shall promptly notify: 1. The landlord; and 2. The enforcement officer. Section 13. Judicial Review Hearina. At the judicial review hearing the City and the landlord shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its findings. The findings shall be based on substantial evidence and shall be final. Section 14. Notification of Violation. The landlord shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court or by personal delivery by a representative of the City. Upon notification of violation, the landlord shall have 30 days to abate the violation. Section 15. Enforcement. A. Inspection and Rioht of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. B. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Civil Proceedino Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, Page 9 - COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 16. SeDarate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed. Section 17. Fee. A. For the purpose of offsetting costs to the City association with the enforcement of this Ordinance, an annual fee is imposed by the City Council for each dwelling unit covered by a rental agreement. B. The fee for year 2007 shall be $_ per dwelling unit. C. This fee shall be evaluated on an annual basis and may be adjusted by the City Council and included in the Woodburn Master Fee Schedule based upon the costs incurred by enforcement and administration of this Ordinance. D. The following unit types, while subject to the standards, enforcement procedures, and other requirements established in this Ordinance, shall be exempt from fee payment requirements: 1. Rentals with a recorded deed restriction requiring the units to be rented affordably to households at or below 50% of the Area Median Income; 2. Rentals under contract with a public agency that requires the rental to be inspected at least annually and verifies that the dwelling is rented to a low income household; and 3. Rentals designated as senior or disabled housing by a public agency. E. request. The landlord is responsible for paying the annual fee upon written F. The failure of the landlord to pay the fee constitutes a violation of this Ordinance. Section 18. Severabilltv. If any section, paragraph, subdivision, clause, sentence, or provisions of this Ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not Page 10 -COUNCIL BILL NO. ORDINANCE NO. DISCUSSION DRAFT affect, impair, invalidate, or nullify the remainder of the title, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this Ordinance notwithstanding the parts to be declared unconstitutional and invalid. Section 19. Effective Date. This Ordinance shall be effective on Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 11 -COUNCIL BILL NO. ORDINANCE NO.