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Repeat Offender Program PRESENTED BY MATTHEW I NORIEGA May 2021 Overview Repeat Offender History • Ordinance Requirements Process Registration Requirements Signs Local contacts Periodic Inspections • • • • • • • Common Substandard Conditions & Disaster Situations Repeat Offender History 2013 2014 2015 ➢ June 6 Rental Registration Resolution 49 ➢ June 6 Repeat Offender Program Resolution 50 ➢ Sept. 26 2013 | 50 adopted ➢ Oct. 7 2013 | Repeat Offender Ordinance goes into effect ➢ 4 FTE approved by Council for Multi-Family Inspection Team ➢ FTE hired and trained ➢ ROP developed ➢ Jan. 2014 ROP Fully Implemented ➢ Nov. 2014 Amended by Council ➢ Remove habitability ➢ 12 to 24 months ➢ Added conditions ➢ Jan. 2015 Changes are implemented by Austin Code Ordinance Requirements All single-family and multi-family rental properties that have received numerous health and safety complaints within 24 consecutive months are required to register with the City of Austin Repeat Offender Program. Overview What types of conditions are considered a violation? Rental properties with multiple code violations are required to register with the repeat offender program. ROP Criteria A rental registration is required for multi-family and single-family rental properties (not occupied by the owner) if they have received the following within 24 consecutive months at the same property: or more separate notices of violation are issued for the same property within a consecutive 24-month period and the owner of the property fails to correct the violations within the time frame required by the code official. or more separate notices of violation issued on separate days for the same property within a 24 period regardless of whether the violation was corrected or not. or more citations are issued for the same property within a 24 consecutive months. Process • Code staff identifies and refers property to the ROP committee as a candidate for the Repeat Offender Program. • The ROP committee reviews the property and determines whether the property meets the ordinance requirements. • If eligible, the property is submitted to the Code Licensing and Registration Team. The property owner is required to register within 14 days or appeal to the Director of the Code Department. • Properties are automatically registered after 14 days • $330 application fee for each property • The public is notified of registered properties via online reporting tools and distribution methods such as: the Austin Code website, media, quarter reports and social media. • The ROP team conducts periodic inspections of all registered properties. Registration Requirements The property owner has 14 days to from the date of registration notice receipt to return completed rental registration application documents and pay the registration fee to ACD Finance. A property owner who is required to register may appeal the ROP registration requirement to the Code Official. The appeal must be submitted in writing within ten (10) days from the date the notice of registration is mailed. The property remains registered for a minimum of two (2) consecutive years, and shall remain registered until the conditions of ROP 2-5-2 have not occurred for two (2) consecutive years. Registration Requirements If rental property completes a registration period and then becomes subject to this chapter again, the registration period will be for a minimum of five years and must remain registered. Each year the registrant shall pay annually a fee to maintain the rental registration. Display of registration in a public area of an on-site management office or other similar public area of the property is required Signs Registrant shall post and maintain signs in English and Spanish, on the premises of the property that include the emergency phone number described in Texas Property Code Section 92.020 (Emergency Phone Number) and information regarding on how to report code violations to the City. Signs required shall be a minimum of 12 inches by 24 inches. Sign facings shall be water proof. The signs shall have a white background with letters and numbers in contrasting color. Registrant must post one sign per 50 units. Signs must be posted outside and in the common areas of the property. If more then one sign is required under this section, the signs may not be placed in the same area of the property. Legal Contacts A registrant who does not reside within the Austin Metro Area must identify an individual or individuals that can respond to emergency conditions. Individual is required to respond within two hours after being notified by a tenant or a City employee of an emergency during any 24-hour period. Any changes related to the local contacts, a registrant must update the code official in writing within three business days and provide the new local contact’s information. If the rental property changes ownership, the new owner must, within 30 days of the change, submit a new registration application and pays a new registration fee. If the rental property is made compliant within a 90 day period after the property is sold, the requirement to register is no longer applicable. Periodic Inspections • May occur once a year • Code official will select the occupied dwelling units. • Provide tenants at least 2 days notice of inspections. Inspection on all exterior properties • • All building exteriors(exterior and common areas) • All vacant dwelling units • At least 10% of all occupied dwelling units(consent from tenant is required for inspection) Periodic Inspections During the periodic inspection, the inspector will document all violations on the inspection checklist, each interior and exterior inspection performed will have its own checklist. A Notice of violation will be sent to all violations from the periodic inspection and a 30 day compliance timeframe will be issued. Inspector will follow-up within 5 days of the expiration of the notice to determine if violations remain. Extensions may only be granted after reviewing the case with the Assistant Division Manager and a compliance plan is provided from the owner of the property. Identifying Common Code Violations 10 Most Commonly Reported Substandard Living Condition Violations and Reference to the Appropriate Sections in the International Property Maintenance Code (IPMC) 10 Common Substandard Conditions 1) No Hot Water 2) A/C Not Cooling 3) Heater Not Heating 4) Non-Functional or Missing Smoke Alarm 5) Bedbug/Roach/Rodent Infestation 6) Damaged Interior Wall 7) Trip Hazards 8) Damaged Windows 9) Ceiling Leak 10) Electrical Outlet(s) Not Working 11) ***Disaster Situations*** Suspension and Revocation Suspension - § 4-14-50 The code official may suspend rental registration for a rental property if the code official determines: (1) the property is declared substandard or dangerous by the Building and Standards Commission, the code official, or a court of competent jurisdiction; (2) the registrant fails to timely comply with a notice of violation; (3) the registrant fails to comply with a requirement of this Chapter; (4) the registrant fails to comply with other City permitting requirements; or (5) the registrant fails to pay its annual registration fee. Revocation - § 4-14-51 The code official may immediately revoke a registration that has been suspended pursuant to Section 4-14-50 (Suspension) if the code official determines that the registrant is: (1) a condition that is dangerous or impairs habitability exists at the rental property during the suspension period; and (2) the registrant fails to take remedial action to correct the condition. Even if the registration has not been suspended, the code official may immediately revoke a registration issued under this chapter if an order to vacate the rental property is issued by the Building and Standards Commission or a court of competent jurisdiction. THANK YOU Any questions?