Public Works Committee

Tuesday, December 6, 2022 · 4:00 PM AM · Council Chambers/Virtual

TL;DR

The Louisville Metro Public Works Committee approved significant changes to the city's rental housing registration ordinance, which will require more rigorous inspections of rental properties in areas with high renter populations. The new ordinance gives the Department of Codes and Regulations more authority to enforce property maintenance standards and introduces a random inspection process for rental housing units.

Key Decisions

Rental Housing Registration Ordinance Amendment Passed
Random Inspections of Rental Properties Approved
Exemption for New and Recently Renovated Rental Units Approved
Property at 3907 Bardstown Road Transfer Tabled

Agenda PDF Minutes PDF

Agenda

Call to Order

Chair George called the meeting to order at 4:10 p.m.
Roll Call

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

[See the "Captioning Transcript of Public Works Committee Meeting - December 6, 2022.pdf" attached hereto for additional information regarding the discussion of each item.]
1. What's that Smell? - Rachel Hamilton, Metro Air Pollution Control District
Discussion Item
Rachel Hamilton, Metro Air Pollution Control District, gave a presentation (see attached).
Pending Legislation
2. 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
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3. A RESOLUTION DETERMINING CERTAIN PROPERTY AT 3907 BARDSTOWN ROAD AS SURPLUS AND NOT NEEDED FOR A GOVERNMENTAL PURPOSE AND AUTHORIZING ITS TRANSFER.
Resolution
Action: untabled

A motion was made by Committee Member Dorsey, seconded by Committee Member Flood, that this Resolution be untabled. The following spoke to this item - LaTondra Yates, Develop Louisville - Chair George - Committee Member Ackerson - Committee Member Piagentini - Council Member Purvis - Committee Member Dorsey
4. AN ORDINANCE AMENDING SECTIONS 156.005 AND 156.052 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES RELATED TO DONATION DROP-OFF BINS DUE TO THE REPEAL OF CHAPTER 117.
Ordinance
Action: held

This item was held in committee.
Adjournment

Without objection, Chair George adjourned the meeting at 5:10 p.m.
Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on December 15, 2022.
ID 22-1779 Captioning Transcript of Public Works Committee Meeting -December 6, 2022
Discussion Item
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Clerk(s)

Cheryl Woods, Assistant Clerk Marissa Brown, Assistant Clerk
Support Staff

Jason Fowler, Jefferson County Attorney's Office Laura Ferguson, Jefferson County Attorney's Office
Non-Committee Member(s)

Council Member Jecorey Arthur (D-4), Council Member Donna Purvis (D-5), Council President David James (D-6), Council Member Rick Blackwell (D-12) and Council Member Markus Winkler (D-17)
3. A RESOLUTION DETERMINING CERTAIN PROPERTY AT 3907 BARDSTOWN ROAD AS SURPLUS AND NOT NEEDED FOR A GOVERNMENTAL PURPOSE AND AUTHORIZING ITS TRANSFER.
Resolution
Action: tabled

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

The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business:
2. 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

The following spoke to this item: - Chair George - Council Member Winkler - Committee Member Dorsey - Jason Fowler - Robert Kirchdorfer - Council Member Blackwell Add the following in section 119.03 (9)(b): "Newly built rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for proactive 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 proactive inspection for five (5) years." A motion was made by Committee Member Dorsey, seconded by Committee Member Piagentini, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote.
2. 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

The following spoke on this item: - Committee Member Dorsey - Council Member Winkler - Committee Member Piagentini - Jason Fowler, Jefferson County Attorney's Office - Robert Kirchdorfer, Codes and Regulations - Vice Chair Benson - Committee Member Hollander Jason Fowler read the following proposed amendment into the record: Delete the following at the beginning of Section 119.03(B)(9)(a): "The registration form shall authorize - and replace with the following: "Failure to register the rental housing unit The registration form shall cause the Department of Codes and Regulations to conduct inspections of all units within the registered rental housing unit. The inspections required by this subsection shall be in addition to any inspections the Department is authorized to make under Chapter 156 based upon a complaint about the property. Inspections shall only occur upon proper notice under KRS §§ 383.615 and 383.665 of the Uniform Landlord Residential Tenant Act." A motion was made by Committee Member Dorsey, seconded by Committee Member Piagentini, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote. Jason Fowler read the following proposed amendment into the record: " Rental housing units registered at the time this Ordinance takes effect shall not be required to re-register, so long as do not have outstanding violations with the Department of Codes and Regulations and they have provided all updated ownership information required by this Ordinance to Director. of section 119-03 (D):" A motion was made by Committee Member Dorsey, seconded by Committee Member Piagentini, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote.
2. 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 Dorsey, seconded by Committee Member Flood, that this Ordinance be recommended for approval. The following spoke to this item: - Chair George - Council Member Arthur Jason Fowler, Jefferson County Attorney's Office, read the following proposed amendment into the record: Add the following: "WHEREAS, Metro’s Department of Codes and Regulations are better able to enforce property maintenance violations against owner-occupied property with greater administrative efficacy because the owners are present at the premises as opposed to rental housing units; and" Jason Fowler read the following proposed amendment into the record: Add the following: "RENTER TENURE AREAS, Housing market areas with high renter rates as defined by Metro's Office of Housing and Louisville Affordable Housing Trust Fund's Housing Needs Assessment, updated every five (5) years." Jason Fowler read the following proposed amendment into the record: Amend the first sentence of Section 119.03 (B)(9)(b) to read as: "On an annual basis, the Department of Codes and Regulations shall be required to randomly select 10% of registrants within the Renter Tenure Areas that contain a portion of rental housing units greater than 33% of total residential property and conduct an inspection of the rental housing unit." Jason Fowler stated a technical correction made in Section V to read as following: "The provisions of this Ordinance regarding the online rental registry, its application and affidavit shall take effect within six months of its passage, approval or otherwise becoming law, with all remaining provisions to take effect nine months after its passage, approval, or otherwise becoming law. " The following spoke to this item: - Committee Member Dorsey - Council Member Winkler - Committee Member Piagentini - Robert Kirchdorfer, Codes and Regulations - Vice Chair Benson - Committee Member Hollander A motion was made by Committee Member Dorsey, seconded by Committee Member Piagentini, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote.

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