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MINUTES OF THE HOUSING COMMITTEE May 6, 2019 East Conference Room Present: Councilmembers Anderson, O’Malley & Rader Also Present: Councilmembers Litten, Bullock, George, Law Director Butler, Building Commissioner Joe Meyers, Assistant Building Commissioner Chris Parmalee Call to Order: 7:02p.m. ORDINANCE NO. 39-18-AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending various sections of Chapter 1306, Property Maintenance and Safety Code, of the Codified Ordinances of the City ofLakewood in order to update the code so as to eliminate ST the threat of warrantless searches from the Code. (PLACED ON 1READING nd AND REFERRED TO HOUSING 9/4/18; 2reading 9/17/18; deferred 10/15/18) Director Butler directed the Committee’s attention to the working draft provided. This version was introduced in Committee in January. This version makes changes to the term “certificate of occupancy” and essentially brings back point-of-sale inspections. Building Department officials remarked on the department’s experience having point-of-sale inspections suspended since October. The change has not resulted in a significant impact either way. There has been no rise in complaints though some have requested the inspections. Councilmember Anderson remindedthe Committee that the average number of violations during an annual inspection is higher than the number of violations during a point-of-sale inspection. He also reminded the Committee that the ordinance was introduced due to concerns about the legality of point-of-sale inspections. Director Butlerexplained that some of the communities targeted by legal action have abandoned point-of-sale inspectionswhile others have beefed up the warrant language in their codes to ensure that point-of-sale inspections abide by the Fourth Amendment moving forward. To be lawful, a certificate of occupancy can not be contingent upon an inspection and other due process safeguards must be put into place. The working draft version of the ordinance borrows language from municipalities that have strengthened their warrant language. Director Butler remarked that he and Chief Assistant Law Director Swallow have discussed the list of warrant criteria in 1306.50 and decided that it is sufficient and that there are risks to being too specific. He reminded the Committee that point-of- sale inspections are only performed on non-owner-occupiedrentals. He dismissed the idea of addingbank foreclosed properties to the list because these are usually not rental properties. He suggested that the Committee address concerns about those properties with separate legislation. 1