Public Works Committee

Tuesday, November 1, 2022 · 4:00 PM AM · Council Chambers/Virtual

TL;DR

The Public Works Committee discussed and amended an ordinance related to rental housing registration in Louisville/Jefferson County. The proposed changes would require property owners to submit an affidavit of code compliance and allow the Department of Codes and Regulations to randomly inspect 10% of registered rental properties annually. Ultimately, the amended ordinance was tabled for further review.

Key Decisions

  • Rental Housing Registration Requirements Tabled
  • Property Owner Compliance Affidavit Amended
  • Annual Rental Property Inspections Amended
  • Rental Property Registration Fees Amended
Agenda PDF Minutes PDF

Agenda

  1. Call to Order

    Chair George called the meeting to order at 4:03 p.m.

  2. Roll Call

    Chair George introduced the committee members and non-committee members present. A quorum was established. *NOTE: All committee members and non-committee members present attended in Chambers, except Council Member Purvis, who attend virtually.

  3. Pending Legislation

    [See the "Captioning Transcript of Public Works Committee Meeting - November 1, 2022.pdf" attached hereto for additional information regarding the discussion of each item.]

  4. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: recommended for approval
  5. 2. A RESOLUTION DETERMINING CERTAIN PROPERTY AT 3907 BARDSTOWN ROAD AS SURPLUS AND NOT NEEDED FOR A GOVERNMENTAL PURPOSE AND AUTHORIZING ITS TRANSFER.
    Resolution
    Action: held

    This item was held in committee.

  6. Adjournment

    Without objection, Chair George adjourned the meeting at 5:02 p.m.

  7. Untitled item
  8. Non-Committee Member(s)

    Council Member Jecorey Arthur (D-4) and Council Member Donna Purvis (D-5)

  9. Support Staff

    Jason Fowler, Jefferson County Attorney's Office

  10. Clerk(s)

    Cheryl Woods, Assistant Clerk Marissa Brown, Assistant Clerk

  11. ID 22-1575 Captioning Transcript of Public Works Committee Meeting - November 1, 2022
    Discussion Item
  12. page break
  13. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: tabled

    A motion was made by Committee Member Piagentini, seconded by Committee Member Dorsey, that this amended Ordinance be tabled. The motion to table carried by a voice vote.

  14. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: amended

    Jason Fowler read the following proposed amendment into record: Amend LMCO Section 119.03(D) to read as follows: " A nonrefundable fee shall accompany the initial registration form. The fee structure shall be based on the following zoning classifications: R-4 (max 4.84 per acre) - $25 R-5 (max 7.26 per acre) - $25 R-5A (max 12.01 per acre) - $50 R-6 (max 17.42 per acre) - $50 R-7 (max 34.8 per acre) - $50 R-8 (max 58.08 per acre) - $100 OR (max 12 per acre) - $50 OR-2 (max 58.08 per acre) - $100 OR-3 (max 217 per acre) - $250 C-R (max 38 per acre) - $50 C-1 (max 38.84 per acre) - $50 C-2 (max 217/145 acre) - $250 C-3 (max 435 per acre) - $250 CM and Up (none) - $50" A motion was made by Committee Member Hollander, seconded by Committee Member Piagentini, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote. The following spoke to this item: - Chair George - Committee Member Piagentini - Jason Fowler

  15. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: amended

    Chair George read the following proposed amendment into the record: Strike the following from LMCO Section 119.03(B)(9)(b): "Newly built rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for inspection for ten (10) years. Recently renovated rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for inspection for five (5) years." A motion was made by Committee Member Dorsey, seconded by Committee Member Hollander, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote. The following spoke to this item: - Committee Member Piagentini - Chair George - Committee Member Dorsey - Robert Kirchdorfer, Codes and Regulations

  16. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: amended

    Jason Fowler read the following proposed amendment into record: Amend LMCO Section 119.03(B)(9)(b) to read as follows: "On an annual basis, the Department of Codes and Regulations shall be required to randomly select 10% of registrants and conduct an inspection of the rental housing unit. Any rental unit or apartment complex that is found to have two (2) or more existing violations of the Property Maintenance Code on its exterior or interior common areas, must be made available by the Owner for an interior inspection by the Department of Codes & Regulations to ensure the unit is in compliance with the Property Maintenance Code. These interior inspections shall total no more than the annual 10% of random inspections. The Owner must schedule the inspection within fifteen (15) days of the date the violations were found to exist. Newly built rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for inspection for ten (10) years. Recently renovated rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for inspection for five (5) years . Inspections shall be used to verify the premises is sufficiently maintained pursuant to KRS 383.595(1)(a). The Department in its discretion may utilize the affidavit required by subsection (8) as proof of compliance in lieu of or in conjunction with a physical inspection of a property. Failure of an Owner to allow the Department of Codes and Regulations to physically inspect a unit within registered rental housing or in a property for which registration is sought shall be considered a violation of this section for the purposes of LMCO § 119.99(A). " A motion was made by Committee Member Dorsey, seconded by Committee Member Flood, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote. The following spoke to this item: - Chair George - Committee Member Hollander - Robert Kirchdorfer, Codes and Regulations - Jason Fowler - Committee Member Dorsey - Council Member Purvis - Committee Member Piagentini

  17. 1. AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 119 REGARDING THE REGISTRATION OF RENTAL HOUSING TO INCLUDE AND ASSIGN THE DIRECTOR OF LOUISVILLE METRO CODES AND REGULATIONS, OR DESIGNEE, FURTHER ADMINISTRATION AND ENFORCEMENT DUTIES REGARDING THE REGISTRY OF RENTAL HOUSING UNITS (AS AMENDED).
    Ordinance
    Action: amended

    A motion was made by Committee Member Piagentini, seconded by Committee Member Flood, that this Ordinance be recommended for approval. Jason Fowler, Jefferson County Attorney's Office, read the following proposed amendment into record: Amend LMCO Section 119.03(B)(8) to read as follows: "The registration form shall include a sworn affidavit by the property owner that, to the best of Owner’s knowledge, all rental units within the registered rental housing unit or registered multi-unit rental housing unit facility are in compliance with the applicable provisions of Metro’s property maintenance code. The Department of Codes and Regulations shall create all necessary forms and provide them to the public online, shall create and provide informative materials regarding a landlord’s responsibilities under this chapter and the Land Development Code, to include a checklist informing Owners of the top five most common infractions, and provide them to the public online, and shall outline the timelines and fees for maintaining the registry, all to allow for accurate attestation of compliance." A motion was made by Committee Member Flood, seconded by Committee Member Hollander, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote. The following spoke to this item: - Chair George - Committee Member Piagentini - Jason Fowler - Committee Member Dorsey