MINUTES 10-01-18 - Laserfiche WebLink

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Motion by Mr. O'Leary, seconded by Mr. Anderson to adopt Resolution 9020 -18 as substituted. Yeas: Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader Nays: none Motion passed. Resolution 9020 -18 adopted as substituted. 8. Housing Committee Report regarding Ordinance 18 -18; Mr. Anderson, Chair (pg. 23) Motion by Mr. Anderson, seconded by Mr. O'Leary to receive and file the oral report. Discussion: Councilmember O'Malley made remarks about the other item discussed during Housing Committee — Ordinance 39 -18 regarding warrantless searches. He expressed concern that the City advertised on social media that point of sale inspections have ceased before Council has had the chance to further deliberate and vote on that policy. President O'Leary replied that the legality of point of sale inspections has been called into question by the Courts and that several Ohio cities have faced class action lawsuits. He remarked that by the City conducting the inspections while legislation to eliminate them is pending could be a cause for legal action against the City. Director Butler added that suspension of point of sale inspections is temporary while Council considers the legislation. Councilmember O'Malley stated that he sees great value in point of sale inspections for Lakewood in light of its higher number of rental properties. He believes that there is a way to work through the constitutional concerns while maintaining these inspections. Mayor Summers stated that he would have the social media post be taken down Director Butler clarified that the intent of the post was to announce that point of sale inspections will not be required while the legislation is pending. He recommended against resuming the inspections in the interim. President O'Leary stated that the point of sale inspection program fulfills an important public safety need in our community. He expressed hope that Lakewood can continue the inspections while also complying with case law. Councilmember Anderson remarked that at the upcoming hearing on the ordinance he will seek to look at the overall housing inspection program and how we can add value and capacity in a number of areas.