Council to further consider rental, vacant property codes

FORT MADISON – The Fort Madison City Council is moving forward with amendments to its controversial rental property and vacant property ordinances.
The two ordinances are on the agenda for Tuesday evening’s regular City Council meeting as second readings. Both require three readings and approvals from the council before being published as included in city code.
The first ordinance repeals and replaces Title 3, Chapter 5 of the housing code which deals with rental housing registration.
The intent of the ordinance is for the city to ensure all housing properties meet minimum health and safety standards through routine inspections of all registered rental units in the city.
The code makes it unlawful for anyone to be in the rental business unless they have each unit registered with the city, including paying a program fee for each unit. Registration includes submitting a registration form  requiring a legal name, address, and contact information; a designee if the owner lives outside of Lee, Des Moines, Henry, Van Buren, Hancock, Henderson or Clark Counties, unless they have a business in Fort Madison; valid photo ID; and proof of ownership.
The ordinance also requires a notarized letter of authorization for anyone acting on behalf of the owner. Property owners also need to include a self-certification form provided by the city and a signed acknowledgment of tenant responsibilities.
Registrations are valid for one year and inspections take place at a minimum every three years, unless circumstances arise requiring additional inspections.
Certain exemptions apply to the registration including owner-occupied rentals, government-subsidized rental units inspected by HUD; units licensed by the state; or units occupied by a parent or a child of the owner.
Fees would be charged for registration; reinspection beyond one rescheduling; a rescheduling fee beyond the first rescheduling; fees for missed or no one at the location when an inspection has been scheduled; unregistered rental units; and fees for falsified familial relationships. The actual fee amounts weren’t included in the ordinance language nor are they listed in current city code.
Some city councilors including Rick Thele, an owner of rental properties, and Matt Emmett took issue with the inspections saying they are an invasion of privacy and unconstitutional.
Emmett said inspecting rental properties and not regular homes amounts to a discriminatory practice, saying rental tenants don’t have the same rights to privacy as homeowners.
Thele had pressured staff to increase the family connection from a parent or child to a grandparent or grandchild. He also had issues with random inspections and tenant responsibilities vs. landlord responsibilities under the code.
The city will also be considering a second reading of an ordinance amending the vacant property ordinance.
The amendments further clarify what criteria are used to determine whether a property is vacant. The code requires all vacant buildings to be registered with the city to help maintain safe and healthy infrastructure, while also allowing for the city to respond in the event of emergencies at vacant properties and not put costs on the city dealing with the properties.
Tuesday's meeting begins at 5:30 p.m. in Council Chambers in Fort Madison.