Title
Consideration of Citizen Petition Related to the Seven Motor Inn - 2936/2970 E. Van Buren St.
Description
This report provides the City Council with information in response to a citizen petition submitted by Rev. Jarrett Maupin at the Feb. 7, 2018 Formal City Council meeting regarding how the City interacts with the multifamily tenants and property owners when violations of health and safety and slum and blight are concerned (Attachment A).
Report
Summary
The petitioner requests the City Council to consider and enact a resolution(s), ordinance(s), or measure(s) that will:
1. Prevent rental property owners from collecting rents or deposits on condemned or uninhabitable property when said property is scheduled for forced eviction actions due to lack of compliance with or adherence to City of Phoenix regulations or rental property maintenance standards.
2. Establish a socio-economically sensitive City of Phoenix forced eviction action notice (period, policy, and procedure) for renters - if property owners fail to correct dangerous electrical, sewage, and structural integrity compliance issues - to provide a more humane and reasonable time-frame for innocent renters to attempt relocation efforts or conduct emergency shelter seeking.
3. Require rental property owners to publicly and conspicuously post signage to inform tenants or contractually perspective tenants about non-compliance issues and any related pending forced eviction actions for a period of time that is congruent with City of Phoenix forced eviction action notices, periods, policies, or procedures - or for the City to post signage, if the owners fail to.
The Planning and Development (PDD) and Neighborhood Services Departments (NSD) are responsible for ensuring compliance with many city codes and ordinances that govern residential, commercial and industrial properties. Planning and Development (PDD) staff ensures the safe construction of buildings and infrastructure. NSD staff has primary responsibility for enforcement of property maintenance codes and the Zoning Ordinance. Code compliance is achieved through a combination of education, resource and assistance referral, and enforcement. Code enforcement for existing buildings is done primarily on a complaint-basis. Both PDD and NSD have standard code enforcement processes that include onsite inspections to determine if the complained upon violation(s) is present, issuance of notices to the property owner/responsible party, and reinspection to ensure violations have been corrected. The timing of inspections and timeframe for correction is dictated by the nature of the violation(s), taking into account any potential health or safety hazards that may affect residents. When imminent hazards are identified, PDD, NSD, Human Services and the Police Department utilize an established inter-departmental process to ensure the hazard is mitigated and affected residents are advised of and connected with available resources and informed of their Landlord/Tenant rights.
In the case of the East Van Buren Street property referenced in the petition, no residents were evicted by the City of Phoenix from the rental units. However, for the residents' safety due to an imminent electrical safety hazard, the power to the building had to be shut off until the property owner makes the necessary repairs. Even though this case did not require forced evictions, the removal of electrical power is highly significant and involved the multi-departmental coordination and tenant outreach described above to help ensure the safety of the residents.
Options for Council Action
A. Accept the petition.
B. Deny the petition.
C. Other direction to staff.
Location
The Seven Motor Inn is located at 2936/2970 E. Van Buren St.
Council District: 8
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Neighborhood Services and Planning and Development departments.