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HomeMy WebLinkAbout2009-09-25 Housing PACKET Ashland Housing Commission Regular Meeting Agenda th Thursday September 25 2009: 4:30 – 6:30pm Community Development Building - 51 Winburn Way 1. (4:30) Approval of Minutes (5 min) th August 27 2009, regular meeting Minutes 2. (4:35) Public Forum (5 min) 3. (4:40) Sub-committee Reports (25 min) Subcommittee Reports Liaison Reports Finance (none) Council (Voisin) Education (none) Parks Commission(Hauck) Land Use (none) School Board(Frost) Planning Commission(Benjamin) SOU(???) Staff(Linda Reid) Croman (Lewis) 4.(5.05)City of Medford Rental Registry Program -Goal # 4, 8 (35 min) Louise Dix, City of Medford Neighborhood Resource Coordinator 5.(5:40)CDBG CAPER Report Overview and Public Hearing (25 min) Review, Discussion, Public Hearing, Motion 6.(6:05)Homeless Liaison Position Description Outline–Goal# 6(15 min) Graham Lewis and Nick Frost th 7.(6:20)September 24 2009 MeetingAgenda Items (5 min) Commissioner items suggested(5 min) Quorum Check – Commissioners not available to attend upcoming regular meetings should declare their expected absence. 8.(6.25)Upcoming Events and Meetings (5 min) thst Oct. 6, 2009 7PM City Council Meeting-HC Ordinance 1 Reading, Boards and Commissions update Ordinances. thnd Oct. 19 2009 7PM City Council Meeting-HC Ordinance 2 Reading, Boards and Commissions update Ordinances. nd Oct. 22 2009 4PM Tour of Expiring Use and Affordable Housing Units in the City of Ashland. Next Housing Commission Regular Meeting nd 4:00-6:00 PM; Thursday October 22 2009 Community Development Building 9. (6:30) Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title 1). ASHLAND HOUSING COMMISSION MINUTES August 27, 2009 CALL TO ORDER Chair Steve Hauck called the meeting to order at 4:33 p.m. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR 97520. Commissioners Present: SOU Liaison: Alex Amarotico, resigned Steve Hauck, Chair Richard Billin Council Liaison: Carol Voisin Nick Frost Aaron Benjamin Staff Present:: Regina Ayars Linda Reid, Housing Specialist Graham Lewis Carolyn Schwendener, Account Clerk Commissioners Absent: Bill Smith, resigned APPROVAL OF MINUTES Voisin/Ayars m/s to approve the minutes of the July 23, 2009 regular meeting. Minutes were approved. FAREWELL TO COMMISSIONER SMITH AND SOU LIAISON AMORATICO Reid explained that Bill Smith accepted a job offer in the Midwest and Alexandra Amarotico has gone to Copenhagen to study business. Smith’s position has been advertised. Hauck read letters from Mayor Stromberg acknowledging both Smith’s and Amarotico’s service and the community’s appreciation for their outstanding contribution to the Housing Commission. Neither Smith nor Amarotico were able to attend this evenings meeting and their certificates will be mailed to them. PUBLIC FORUM Audience member Grace Weill introduced herself stating she may be interested in taking Amarotico’s place as a SOU liaison. REPORTS AND UPDATES Subcommittee Report Finance – Billin reported that the finance committee is in the process of finding a mechanism to finance the Housing Trust Fund. They have narrowed it down to three possibilities. Transit Oriented Districts Transfer development rights Tax deductable donations Education – None Land Use – None Liaison Reports Council – Voisin reported that the City is in somewhat of a water crisis which has required mandatory curtailment. The City is now using TID (Talent Irrigation District) for drinking water and plan on continuing using it until October. The City Council is working on the nudity Ordinance which states you cannot exhibit genitalia in the downtown area or parks. They are considering expanding that to one thousand feet around all schools and areas where students walk to school. The Council will be meeting with the City Attorney on September 22, 2009 in an executive session to discuss what the liabilities are. The Council is also still dealing with the Riparian Ordinance. Voisin reminded the Commissioners to go to the City website and fill out the goals, values and mission statement. Parks – None ASHLAND HOUSING COMMISSION 1 MINUTES August 27, 2009 School Board – Frost commented they are mostly concerned at this time about getting Bellview School open on time. Planning – Benjamin reported that after some heated discussion and comments by the community, SOU decided to put off its master plans until further meetings in October. The Croman Site was discussed and some concern was shared that the current development of the site could divert resources from downtown. This may become an issue in the future. There was a joint meeting with the Transportation Commission to discuss transportation issues at the Croman Site. SOU- Grace Weil, audience member, introduced herself again explaining she is a student working toward a Bachelor of Environmental Studies graduating in March with a Minor in Land Use Planning. She works with the student life Department. She would like to bring that student piece to the Housing Commission. Staff – There will be a public hearing at next month’s meeting for the CAPER report (Consolidated Annual Performance Evaluation Report) for the CDBG program. This report reviews the past year’s allocation of funds and the progress that the City has made in meeting the goals identified in the 2005-2009 consolidated plan. It will be publicly noticed and the Housing Commission will need to make a motion to approve it before it can be sent to HUD. Reid is on a Steering committee for an upcoming foreclose event called HOPE (Home Owner Preservation Event) th which will be held on October 17 at the SOU/RCC campus in Medford. This will be an opportunity for people who are in the early stages of foreclosure or who are struggling to make their house payments to talk with a housing councilor or loan servicer about loan modifications. Jackson County has the second highest foreclosure rate in the State of Oregon and the City off Ashland has had over 100 foreclosures at this time. Reid said they are looking for volunteers for this event. Reid and Benjamin met with a gentleman from an organization called the Green Light Cooperative out of Portland. They are interested in doing a Housing Cooperative for people 55 and older. A Housing Cooperative is where people buy shares at a prescribed amount which is 40 percent of the total value of the project. A loan is secured from the Federal Government for the remaining 60 percent. To maintain the affordability over the life of the project the shares will be allowed to appreciate a maximum of 2 percent a year. Benjamin said that considering the character of Ashland and the large amount of retirees who are conservative they may be reluctant to buy into a program like this. They discussed several sites that might be available; one possibility was on Lithia way downtown which is now used for the Saturday market. Their plans include underground parking but because of the big box ordinance, they could not get the density or height needed to make the project financially viable. Green light Cooperative was not necessarily proposing an affordable housing project. They have a cooperative going in Portland right now and spoke about how cooperatives create a sense of community. Croman Site Report - Lewis said the Committee met and discussed what the purpose of the committee would be, th Lewis expects to have more information to report after the next meeting. The next meeting will be on September 9. Hauck said he has been attending the Transportation Commission meeting (TSP). This Commission is going to be focusing on alternative transportations and how that interconnects with Housing patterns. VICE CHAIR ELECTION Billin/Voisin m/s to nominate Graham Lewis for Vice Chair. Voice Vote: Passed. HOMELESS LIAISON REPORT Frost and Lewis met and both agreed that there were several reasons to have a Homeless Liaison, though they may suggest changing that title. They agreed that the liaison’s mission would be to report to the Commission on the effectiveness of the City’s assistance programs and to suggest new areas of studies for the Commission. They would also inform the homeless populations about resources that are available in the community. Frost thought it would be a good idea for the Commission to choose the liaison rather then the mayor so that the Housing Commission would be confident to have a good working relationship with whomever is chosen. The liaison would be a non voting member, patterned after the SOU liaison. Lewis commented that through his work with the needy people in Ashland who belong to various “Communities he suggested that Vinny, an employee from the Peace House and manager of the food program offered at the Methodist Church on Tuesday nights would be a good choice. Vinny exemplifies the type of person the Commissioners feel they should be looking for in a ASHLAND HOUSING COMMISSION 2 MINUTES August 27, 2009 Homeless Liaison, somebody who has contact with many different elements of the needy community in Ashland. Graham and Frost decided to come up with a position description, qualifications and bring it back to the commission at the next meeting. Put this on next month’s agenda. FAIR HOUSING DISCUSSION Reid gave an overview regarding some of the impediments and proposed solutions that were presented by the Fair Housing Council. Impediment 1: The Fair Housing Council of Oregon will be revisiting some of the demographics they used in the draft AI which was presented to the Housing Commission in June. Multi-family properties may not be demographically correct. Impediment IV: Sales and rental advertisement that depict residents of only one race or ethnicity can send a message of who is and who is not welcome in the community. A new book by Joe Peterson, the History Professor at SOU mentions that traditionally the City of Ashland has had a lot of issues with race. Discussed taking a look at how friendly the City is to different ethnic and racial minority groups. History to overcome. Impediment VI: the recommendation addresses a way to track rentals better in the City. A rental registry was suggested. Impediment IX: Talks about how the City could expand it’s commitment to Fair Housing and possible solutions. It was mentioned that the Housing Commission should look at updating the City’s Fair Housing Ordinance to bring it in line with State and Federal Fair Housing laws. Creating students as a protected class is on the Housing Commission’s list of goals.. The Fair Housing Council suggested having a local fair housing officer; the City could coordinate with other jurisdictions, like Medford, Jackson and Josephine Counties to pool resources to pay for a part time person. The City’s Ordinance states that the City Attorney is currently the local Fair Housing officer. Recommendation number 13 was to create a new brochure. The City has a brochure on Fair Housing but it could definitely be updated. Reid’s stated that being a community development entitlement program the City is required to take actions to affirmative further Fair Housing. Some of the suggestions made by the Fair Housing Council are already being addressed by the Housing Commission. Reid was directed to check with Louise Dix the Neighborhood Resource Coordinator with the City of Medford, if she can come to the September meeting to speak about the development and implementation of a Rental Registry program. EXPIRING USE UNITS UPDATE Reid explained that at the last meeting the Commissioners looked at a list of expiring units. The Commissioners wanted to explore what resources were available for protecting those units, keeping them from going out of affordability and options for funding their purchase. Reid suggested taking a tour of the expiring use units. It was suggested that citizens could be invited to take tour as well, a CDBG assisted property Home Tour could be part of this. This tour would be an opportunity to see your CDBG funds at work. The Commission decided to take a tour in the fall in the early afternoon. It was suggested that the tour could take place during nd the first part of the October 22 meeting, due to the shortening days it was decided that the Commission would meet at 4 pm instead of 4:30 so that the tour could take place while it was still light out. The Commissioners would like to attend the ground breaking ceremony for Snowberry Park off of Clay Street. Benjamin had an idea about encouraging expiring use coops as an option. He suggested that the commissioners talk with local affordable housing developers such as ACLT. Reid will email the list and address of the expiring units and when they are going to expire. September 24, 2009 MEETING AGENDA ITEMS Quorum check – Ayars will be gone. For the Consolidated plan hold a separate forum discussion at a separate meeting – maybe use the Community Center. ASHLAND HOUSING COMMISSION 3 MINUTES August 27, 2009 It was decided to cancel the November meeting as it falls on Thanksgiving. It was also decided that the Commission would th move the December meeting to the 17 and will meet at 4:00 so the meeting can be adjourned before 6:00. It was suggested th that the Consolidated Plan forum discussion meeting could be merged with the regular meeting on December 17. Homeless Liaison position description outline Louise Dix, rental registry CDBG CAPER report Public Hearing Transferable development credits - have Richard come and talk about that sometime in the future. UPCOMING EVENTS AND MEETINGS st September 8, 2009 7PM City Council Meeting-HC Ordinance 1 reading nd September 22, 2009 7PM City Council Meeting-HC Ordinance 2 reading Next Housing Commission Regular Meeting 4:30-6:30 PM; Thursday September 24th, 2009 Community Development Building ADJOURNMENT – The meeting was adjourned at 6:08 p.m. Respectfully submitted by, Carolyn Schwendener ASHLAND HOUSING COMMISSION 4 MINUTES August 27, 2009 ORDINANCE NO. 2005- RENTAL HOUSING REGISTRATION ORDINANCE AN ORDINANCE to provide for the registration and regulation of rental housing located within the City of Medford; to allow inspections under certain conditions; to provide penalties for violation; to repeal conflicting ordinances; and to provide for the effective date of this Ordinance. Section 1. Purpose and Intent. The City of Medford recognizes the need for an organized inspection and registration program for residential rental units located within the City limits in order to ensure rental units meet all applicable building, existing structures, fire, health, safety, and zoning codes, and to provide an efficient system for compelling both absentee and local landlords to correct violations and maintain, in proper condition, rental property within the City. The City recognizes that the most efficient system is the creation of a program requiring the registration and inspection under certain conditions of residential rental units within the City as defined in this Ordinance, so that substandard housing conditions can be corrected and a standard established for rental housing units. Section 2. Definitions. As used in this Ordinance, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. (a) “Dwelling unit” means a building, or portion thereof, designed for occupancy for residential purposes and having cooking facilities and sanitary facilities. (b) "Landlord” means any person who owns or controls a dwelling, dwelling unit, or rental unit and rents such unit, either personally or through a designated agent, to any person. (c) “Owner” means the legal title holder of a rental unit or the premises within which the rental unit is situated. (d) “Owner-Occupied Rental Unit” means a rental unit that is occupied in whole or in part by an individual whose name specifically appears on the deed for the property where the rental unit is located. (e)“Person” means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation or receiver, executor, personal representative, trust, trustee, conservator or other representative appointed by order of any court. (f)“Premises” means a lot, plot or parcel of land, including the buildings or structures thereon, which also includes dwelling units and dwellings. (g) “Rental unit” means any dwelling unit or residential structure containing sleeping units, including but not limited to hotels, motels, bed and breakfast establishments, boarding houses, or sleeping rooms, which is leased or rented from the owner or other person in control of such units, to any tenant, whether by day, week, month, year or any other term. (h) “Responsible local agent” means a natural person having his or her place of residence in the county and designated by the property owner as the agent responsible for operating such property in compliance with the ordinances adopted by the City. (i) “Tenant” means any individual who has the temporary use and occupation of real property owned by another person in subordination to that other person’s title and with that other person’s consent; for example, a person who rents or leases a dwelling, dwelling unit, or rental unit from a landlord. Section 3. Requirements. No person shall lease, rent, occupy, or otherwise allow a rental unit within the City to be occupied, unless all of the following requirements have first been met. (1) The owner of the rental unit shall have registered the rental unit with the Code Enforcement Division of the City Manager’s Office by completing and filing a current registration form with the Code Enforcement Division of the City Manager’s Office, as provided in Section 4 of this Ordinance. (2) An inspection shall have been completed to the satisfaction of the Code Enforcement Division of the City Manager’s Office. (3) A valid certificate of compliance shall have been issued by the Code Enforcement Division of the City Manager’s Office. (4) The current certificate of compliance shall be posted conspicuously on the premises. (5) All fees charged by the City for the registration and inspection of the rental unit shall be paid in full. (6) The owner or responsible local agent of the rental unit shall provide the Code Enforcement Division of the City Manager’s Office a document which states the names and telephone numbers of individuals who will occupy the unit. It shall also provide the length of their occupancy. Upon renewal of occupants’ lease if applicable, a notice of this information shall be furnished to the Code Enforcement Division of the City Manager’s Office. Section 4. Registration. No person shall lease, rent, occupy, or otherwise allow a rental unit within the City to be occupied without first registering the rental unit with the Code Enforcement Division of the City Manager’s Office and designating a responsible local agent. (a)Registration Forms. Registration shall be made upon forms furnished by the Code Enforcement Division of the City Manager’s Office and shall require all of the following information. (1) The street address of the rental unit(s); (2) The number and types of rental units within the rental property; (3) Name, residence address, telephone number, and where applicable an e- mail address, mobile telephone number, and facsimile number of all property owners of the rental unit(s); (4) Name, residence address, telephone number, and where applicable an e- mail address, mobile telephone number, and facsimile number of the responsible local agent designated by the owner; (5) The maximum number of tenants permitted for each rental unit; (6) The name, address, telephone number, and where applicable an e-mail address, mobile telephone number, and facsimile number of the person authorized to collect rent from the tenants; (7) The name, address, telephone number, and where applicable an e-mail address, mobile telephone number, and facsimile number of the person authorized to make or order repairs or services for the property, if in violation of City or State codes, if the person is other than the owner or the responsible local agent; (8) The name, address and telephone number of the person, if any exists, who holds a lien on the rental unit or the real property on which the rental unit is located. (b)Accurate and Complete Information. All information provided on the registration form shall be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit, or fail to provide the information required for such registration. The registration form shall be signed by both the property owner(s) and the designated responsible local agent. Where the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization. Where more than one person has an ownership interest, the required information shall be provided for each such owner. (c)Change in Registration Information or Transfer of Property. Except for a change in the registered local agent, the property owner of a rental unit registered with the City shall re-register within sixty (60) calendar days after any change occurs in the registration information. If the property is transferred to a new owner, the new property owner of a registered rental unit shall re-register the rental unit within sixty (60) calendar days following the transfer of the property. Property owners shall notify the Code Enforcement Division of the City Manager’s Office of any change in the designation of the registered local agent, including a change in name, address, e- mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within five (5) business days of the change. If a transfer of ownership occurs and there is a current certificate of compliance on file, then the new owner will only have to pay the registration fee upon the expiration of the current registration. It will still be required that the new owner fill out a new registration form. (d)Registration Term and Renewals. Registration of a rental unit shall be effective for one year. All registrations shall expire on October 15 of each year. The property owner shall re-register each rental unit with the Code Enforcement Division of the City Manager’s Office, thirty (30) calendar days prior to the expiration of the registration of the rental unit (i.e., by September 15 of each year). (e)Responsible Local Agent. The designated responsible local agent shall be responsible for all of the following: (1) operating the registered rental unit in compliance with all applicable City ordinances; (2) providing access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the applicable City Ordinances; (3) maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible; and (4) accepting all legal notices or services of process with respect to the rental unit. Section 5. Inspections. All facilities, areas and rental units governed by this Ordinance shall be inspected under certain conditions and shall comply with the standards and provisions of the ordinances and codes adopted by the City. Basis for Inspections. Inspections may be made to obtain and maintain compliance with the standards of this Ordinance based upon one of the following. (1) A complaint received by the Code Enforcement Division, the Building and Safety Department, the Medford Police Department and or the Medford Fire Department indicating that there is a violation of the standards or the provisions of any Ordinance adopted by the City or any state law; (2) An observation by the Code Enforcement Division, the Building and Safety Department, the Medford Police Department , the Medford Fire Department or MEdford City Staff, of a violation of the standards or the provisions of any Ordinance adopted by the City or any state law; (3) A report or observation of a dwelling unit that is unoccupied and unsecured or a dwelling that is damaged by fire; (4) The registration, re-registration and certification of a rental unit as required by this Ordinance; (5) The need to determine compliance with a notice or an order issued by the City; (6) An emergency observed or reasonably believed to exist; (7) A request for an inspection by the property owner; or (8) Requirements of law where a dwelling is to be demolished by the City or where ownership is to be transferred to the City. (c)Inspection Procedures. (1) Once the Code Enforcement Division of the City Manager’s Office has determined that a rental unit is in compliance with all of the ordinances adopted by the City and state law, the inspection required for issuance of a certificate of compliance shall be satisfied. The inspection shall then be valid for a period of two years from the date the certificate of compliance is issued. (2) If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable City and State codes and ordinances, the Code Enforcement Division of the City Manager’s Office shall provide the registered local agent and/or owner with written notice of such violations. The Code Enforcement Division shall set a re-inspection date before which such violation shall be corrected. If such violation has been corrected within that period, the inspection required for issuance of a certificate of compliance shall be satisfied. If such violations have not been corrected within that period, the Code Enforcement Division shall not issue the certificate of compliance and may take any action necessary to enforce compliance with applicable City and State codes and ordinances. (3) If there is a complaint filed on a property with the Code Enforcement Division of the City Manager’s Office, the owner and/or responsible local agent will be notified in writing. In the event that the complaint is of an emergency nature, as determined by the Code Enforcement Division or City of Medford Police Department, it will require immediate compliance with adopted Housing Code. If the complaint is not of an emergency nature, the owner will have fourteen (14) calendar days to correct such violation, after which a re-inspection or written verification from owner and/or responsible local agent and complaining party that the violation has been corrected, will be required. (4) If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the owner of the inspected rental unit in compliance. (5) Where a re-inspection must be made to ensure conformity with this Ordinance or before a certificate of compliance is issued for those rental units that have been issued violation notices, the City will charge a separate inspection fee for every inspection when the violation has not been abated or corrected. (6)If an inspection is scheduled and the owner or responsible local agent fails to appear, an inspection fee shall be assessed against the owner and/or the responsible local agent, and no inspection shall be completed until the inspection fee is paid in full. (d)Transfer of Ownership Inspections. (1) When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance exists for the unit, then the Code Enforcement Division of the City Manager’s Office shall waive the inspection. The new owner shall comply with the requirements of Section 4(c) of this Ordinance by re-registering the rental unit within sixty (60) calendar days following the transfer of the property. (2) When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance does not exist for the unit, then the Code Enforcement Division of the City Manager’s Office shall conduct an inspection within thirty (30) calendar days following the notification of the transfer of ownership as required by Section 4(c). If violations of this Ordinance or any other City ordinance, code or State code or law are found, a notice of violation shall be issued to the owner. (3) If ownership of any rental unit is transferred contrary to subsection (d)(1) or (2) of this Section, or if the new owner fails to re-register a rental unit as required by Section 4(c) of this Ordinance, the certificate of compliance and rental unit registration shall be deemed to expire within sixty days of the transfer unless appropriate steps are taken to obtain a rental unit registration and certificate of compliance. (4) Within sixty (60) calendar days of the transfer of ownership of a rental unit, the new owner shall notify all residents of a rental unit which undergoes a transfer of ownership while the individuals are residing in that unit, including an owner-occupied rental unit, of the transfer of ownership. Section 6. Certificate of Compliance. No person shall own, operate, lease, rent, occupy, or otherwise allow a rental unit within the City to be occupied unless there is a valid certificate of compliance issued by the Code Enforcement Division of the City Manager’s Office for the rental unit. A certificate of compliance shall be issued for each building containing a rental unit. (a)Requirements. A certificate of compliance shall be issued only after all of the following requirements have been satisfactorily completed. (1) Registration of the rental unit with the Code Enforcement Division of the City Manager’s Office; (2) Designation of the responsible local agent; (3) Payment in full of any and all required fees for registration, plus any penalties that may have been imposed on the property; and (4) Inspection by the Code Enforcement Division of the City Manager’s Office resulting in a determination that the rental unit and the property complies with all City Ordinances and state law. (b)Temporary Certificates. Temporary certificates of compliance may be issued without prior inspection by the Code Enforcement Division of the City Manager’s Office for those occupied rental units existing as of October 1, 2004. Such temporary certificates of compliance may be issued as of the effective date of the initial registration following October 1, 2004, to allow property owners to operate such rental units until such time as an inspection may be made by the Code Enforcement Division of the City Manager’s Office. At such time as an inspection is made and the Code Enforcement Division of the City Manager’s Office has determined that provisions of this Ordinance have been complied with, the temporary certificate shall expire. (c)Posting of the Certificate of Compliance. The certificate of compliance shall be displayed in a conspicuous place in each rental unit at all times, along with the name, address and telephone number of the responsible local agent. Section 7. Fees. The City Board shall establish by resolution an appropriate fee for registration and inspections. If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the owner of the inspected rental unit in compliance. Where a re-inspection must be made to ensure conformity with this Ordinance or before a certificate of compliance is issued for those rental units that have been issued violation notices, the City will charge a separate inspection fee for every inspection when the violation has not been abated or corrected. Section 8. Maintenance of Records. All records, files and documents pertaining to the Rental Registration Program shall be maintained by the Code Enforcement Division of the City Manager’s Office and made available to the public as allowed or required by State law. Section 9. Penalty. Any person who violates this Ordinance shall be responsible for a municipal civil infraction, subject to the procedures and sanctions contained in Ordinance No. . Increased civil fines may be imposed for repeated violations, which means a second or subsequent municipal civil infraction violation committed by a person within any twelve (12) month period and for which a person admits responsibility or is determined to be responsible, as provided in Ordinance No. . Section 10. Severability and Captions. This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses thereof are hereby declared to be severable. If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Ordinance. Section 11. Repeal. All resolutions, ordinances, orders or parts thereof in conflict in whole or in part with any of the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 12. Administrative Liability. No officer, agent, employee or member of the City shall render himself or herself personally liable for any damage that may occur to any person or entity as a result of any act or decision performed in the discharge of his or her duties and responsibilities pursuant to this Ordinance. Section 13. Effective Date. . ______________________________ ______ Commission Communication TO:Housing Commission Title: Summary of CAPER Report 2008 Date: September 24, 2008 Submitted By: Linda Reid, Affordable Housing Specialist The City of Ashland is an entitlement city under the U.S. Department of Housing and Urban Development’s (HUD) CDBG Program. The City of Ashland receives approximately $200,000 each year from HUD to apply toward housing and community development projects that benefit low- and moderate-income persons in Ashland. The Consolidated Annual Performance Evaluation Report (CAPER) summarizes the individual project status (physical and financial) of those improvements funded with CDBG funds for the Program year 2008. The CAPER reports the accomplishments generated by the activities funded in Program Year 2008 and how those activities allow the City to make progress in meeting the outcomes and goals identified in the 2005-2009 Consolidated plan. This report must be completed and submitted to HUD as a part of the requirements the City must meet to continue to receive CDBG funding. "The Housing Commission is charged to hold this public hearing, recommend changes to the 2008 CAPER if needed, and approve the annual report in order to fulfill the HUD requirements for public input and review." CAPER 2008 For the Program Year 2008 The City of Ashland awarded 3 projects with CDBG funds: Fair Housing - A social Service grant for $10,000 was awarded to the Fair Housing Council of Oregon to provided education and outreach to Ashland residents and Social Service organizations through fair housing testing and support of the Fair Housing Hotline. This grant award also provided the support for two fair housing trainings targeting agencies that predominantly serve low-to moderate-income and special (presumed benefit) populations.-This activity helped the city continue to work toward affirmatively furthering fair housing. This goal does not have a quantitative outcome. The Fair Housing Council was also awarded $10,000 in Contractual Service funds from CDBG Planning and Administrative funds to complete an update of the City’s Analysis of Impediments to Fair Housing Choice.-This document is a requirement for jurisdictions that receive funds from the CDBG program and also serves to further fair housing. Affordable Housing- The Housing Authority of Jackson County was awarded $345,000 in Capitol Improvement Grant Funds to complete Infrastructure improvements in support of an affordable housing development.- This activity will allow the City to meet three goals identified in the 2005-2009 Consolidated Plan; Goal DH 3.1-Sustainability of Decent Housing: Support the acquisition and development of affordable rental housing units through a sustainable program, which retains the units as affordable in perpetuity, such as a land trust (50 units). Goal DH 2.1- Affordability of Decent Housing: Encourage the acquisition and construction of affordable rental Housing (5 units). Goal SL 1.1-Availability/Accessibility of Suitable Living Environment: Accessibility- Availability of improved public infrastructure serving low-moderate income persons (100 households benefiting from new or enhanced city sidewalks). Though this activity will assist the city in meeting the goals stated above, they will not be counted until the public improvements and the housing units have been completed. Therefore they will not be counted in the 2008 CAPER. The City also met and exceeded Goal DH 3.3-Sustainability of Decent Housing: Retain existing affordable housing; rental and ownership, by supporting rehabilitation programs which recapture the rehabilitation costs for further use in Ashland (rehabilitate 3 housing units occupied by low-income households). In program Year 2008 the Housing Authority of Jackson County completed 3 homeowner rehabilitation projects utilizing loan repayments from the City’s Homeowner Rehabilitation programs originally funded in 1998, 1999, and 2000. Since 2005, five rehabilitation projects have been completed utilizing loan repayments from the previously funded Homeowner Rehabilitation Programs which are administered by the Housing Authority of Jackson County. This activity utilized Program Income form previously funded activities. Homeless, at risk, and special populations- In Program Year 2008 the City of Ashland participated in the planning and implementation of the first annual Project Homeless Connect Event which provided resources and outreach to the Homeless and at risk populations of Jackson County. This event served 400 people allowing the City to meet the goal DH 1.1: Availability/Accessibility of Decent Housing: Providing assistance to non-profit organizations that assist the homeless and those at risk of becoming homeless, provide transition assistance to the homeless and help prevent homelessness (400-500 persons per year that received services to improve health, safety, provide counseling, or improve conditions and assistance to homeless populations that enable them to be self sufficient). This activity was funded in part by CDBG administrative funds. For full details on these activities and to review the goals and outcomes for all years of the 2005-2009 Consolidated Plan, please refer to the 2008 CAPER Report, which can be found at: www.ashland.or.us/cdbgcaper2008