Wednesday, May 30, 2018

A Few More Words About the Rental Disclosure Ordinance


provo zoning map

Council passed an ordinance  in November 2017 that came forward out of work done by the Zoning Committee. There was a lot of public discussion and Council members reached out in a variety of ways to help the public understand the ordinance and its intent. After holding a Rental Law Open House, gathering input through Open City Hall, and inviting public comments at the several Council meetings, the ordinance was passed. Council later amended the ordinance to extend the effective date in order to allow sufficient time for people to learn about the new requirements.

Recent media articles and social media discussions have shown that there still seems to be some confusion. We have updated the information shared last year that gives a summary of how the ordinance will work and what it intends to accomplish, as well as responses to frequently asked questions. We share that explanation with you here:


Intent
  • The purpose and intent of the ordinance is to provide a tool to aid in the enforcement of, and compliance with, occupancy limits that are already in place under the laws in Provo
    • The Zoning Compliance Council Committee was organized as a subcommittee of the Council after the Council set achieving Zoning Compliance as one of its top priorities in 2016-2017.
    • The Committee was tasked with looking for legislative solutions to increasing compliance with current zoning laws, not with reexamining whether those current laws should be changed.
    • The Committee came up with a strategic plan for zoning that was approved by the City Council.
  • Many of those commenting on the rental disclosures ordinance have argued that the City’s occupancy limits that are already in place are too restrictive.
    • That is a valid policy question, but not one addressed by the ordinance.
    • Occupancy limits are common across the country and throughout the state.
    • The ordinance does not address or alter Provo’s occupancy limits in any way.
      • Provo’s current limits were set by law years ago.
      •  The ordinance is intended to improve enforcement and compliance regardless of what the occupancy limit is.
      • Unless occupancy limits were abolished entirely, enforcement would still be needed and changing the current occupancy limit would not affect the effectiveness of, or need for, this tool.

Enforcement
  • Over-occupancy is currently illegal under Provo’s zoning laws.
    • Zoning violations are currently prosecuted as Class C misdemeanors. 
  • Although already illegal, prosecuting over-occupancy cases is time consuming and inefficient because of (1) a lack of cooperation by both landlords and tenants and (2) lack of knowledge about occupancy laws.
  • The ordinance has two primary purposes:
    • To require landlords to educate tenants; AND
    • To make enforcement more efficient against those purposefully engaging in currently illegal behavior.
        • It serves this latter purpose by making it harder for landlords to intentionally remain ignorant of the occupancy of their units and for tenants to claim ignorance of the occupancy limits
What it is not
  • An ordinance that affects current occupancy limits;
  • An independent, perfect solution that solves all occupancy violations by itself; or
  • An idea invented by the policy makers without input about what is needed to improve enforcement.
What it is
  • A tool to be used, along with a variety of other tools, to improve zoning compliance and enforcement; and
  • An ordinance requested specifically by those in charge of enforcement based on their experience in actually prosecuting cases that addresses problems they face.
Changes to original proposal
  • The following changes have been made to the original proposal based on feedback and discussions with stakeholders:
    • Added a definitions section
      • Definition of owner includes agent
      • Use of defined terms streamlines the rest of the ordinance
    • Reduced requirement for a contract to a requirement for disclosures and occupancy acknowledgement
    • Reduced penalty from Class B misdemeanor to Class C (but it is enhanceable to a Class B for repeated offenses)
    • Included effective date of August 1, 2018
In addition to the letters mailed out and social media campaigns to make people aware, two more open houses are being held so you can learn more and ask questions:
  • Wednesday, June 13 from 6:00 - 7:30 pm at the Community Development Department Conference Room (330 West 100 South)
  • Wednesday, July 11 from 6:00 - 7:30 pm at the Community Development Department Conference Room (330 West 100 South)

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Comment below (requires Google+ account), on our Facebook page, through our online comment form, or by contacting Council Members directly. Comments/input on items appearing on an upcoming meeting agenda will be compiled and provided to Council Members the day before the meeting. **Note - your comments will be part of the public record.

Thursday, May 17, 2018

Summary of Action | Meetings on May 15, 2018

PROVO MUNICIPAL COUNCIL
Work Meeting

12:00 PM, Tuesday, May 15, 2018
Room 310, City Conference Room
351 West Center Street, Provo, UT 84601
Summary of Action
 

Business
1.  A discussion on Council priorities. (18-004)
Discussion only. This item was continued to the June 5, 2018 Work Meeting.

2.  A presentation on the Sewer Treatment Siting Study (18-052)
Presentation only. This item was continued to the June 5, 2018 Work Meeting.

3.  A presentation on the review of the 2017 Vote-By-Mail Process and an update on the 2018 Election (18-060)  Presentation only.
4.  An update on the deer harvesting program (18-061)
A motion to continue the program for another year and request the Administration to add any funding necessary to the budget to continue the program for the next year was approved 7:0.

5.  A discussion regarding the supplemental budget requests and the variance in tax revenues. (18-005) Presentation only.

6.  A discussion on options for funding on Miss Provo and parade float (18-055)
Discussion only. This item was continued to the June 5, 2018 Work Meeting.

Tuesday, May 15, 2018

Council Work Meeting | May 15, 2018

 Agenda  (Time stamps have been added on YouTube to the individual agenda items to help you find them in the video.)

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Comment below (requires Google+ account), on our Facebook page, through our online comment form, or by contacting Council Members directly. Comments/input on items appearing on an upcoming meeting agenda will be compiled and provided to Council Members the day before the meeting. **Note - your comments will be part of the public record.

Friday, May 11, 2018

Citizens Agenda for Meetings on May 15, 2018

Citizens Agenda
Council meeting agendas are often difficult for people to navigate. Filled with jargon and legal requirements on how an item must be listed, it can be a challenge to determine what Council members are actually discussing or deciding on.
What follows is a staff interpretation of the agendas.

The official published agendas and supporting materials can be found here:  http://publicdocuments.provo.org/sirepub/meet.aspx

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
12:00 PM, Tuesday, May 15, 2018

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

Business
  1. A discussion on Council priorities. (18-004)
    • The Council had a discussion in January regarding Council priorities and how best to achieve them. With the Council entering budget season, Council Leadership would like to have a discussion about how best to use funds to achieve these priorities.
  2. A presentation on the Sewer Treatment Siting Study (18-052)
    • Public Works contracted with four consultants to do a site evaluation for the location of the new sewer plant. This presentation will give an update on their findings.
  3. A presentation on the review of the 2017 Vote-By-Mail Process and an update on the 2018 Election (18-060)
    • At a Board of Canvassers meeting on September 5, 2017, Bryan Thompson offered to meet with the council following the 2017 election to review the county’s experience with vote-by-mail and share any lessons learned. Additionally, Mr. Thompson will provide an update on Utah County’s plan for the 2018 election. Originally, Utah County planned to conduct the 2018 election using a combination of absentee voting and traditional voting machines; however, on April 13, 2018, Utah County reversed their decision and announced they would conduct a vote-by-mail election.
  4. An update on the deer harvesting program (18-061)
    • On July 19, 2016, the Municipal Council authorized an urban deer control program to reduce the impact of deer on the upper east bench. Prior to this, there had been numerous complaints from residents about property damage and nuisance caused by the deer coming out of the mountains. Camille Williams will share the most recent statistical data related to the program.

Thursday, May 3, 2018

Summary of Action | Meetings on May 1, 2018

PROVO MUNICIPAL COUNCIL
Work Meeting Summary of Action
1:00 PM, Tuesday, May 01, 2018
Room 310, City Conference Room
351 W Center, Provo, UT 84601

Agenda


Approval of Minutes
  • March 27, 2018 Joint Meeting of the Provo Municipal Council with the Landmarks Commission
  • April 10, 2018 Work Meeting
  • April 17, 2018 Work Meeting
Approved by unanimous consent.

Business


1.  A discussion on the donation of a surplus fire engine (18-059).
Continued.

2.  AA presentation from the Mountainland Association of Governments on third quarter funding in relation to airports and transportation taxes overall (18-054)
Presentation only.

3.  A discussion on options for funding on Miss Provo and parade float (18-055)
Discussion only. This item will be brought back to the May 15, 2018 Work Meeting.

 
4.  A discussion on the Municipal Wastewater Planning Program Self-Assessment Report for Provo 2017 (18-053)  Presentation only.

5.  A discussion on the Wastewater Treatment Plant Variance Resolution (18-051) Presentation only.

Summary of Action | Meetings on April 24, 2018

PROVO MUNICIPAL COUNCIL
Work Meeting Summary of Action
12:00 PM, Tuesday, April 24, 2018
Room 310, City Conference Room
351 W Center, Provo, UT 84601

Agenda

Roll Call
Prayer
 

Approval of Minutes
  • March 27, 2018 Work Meeting
Approved by unanimous consent.

Business


1.  A presentation on the Public Works Department and potential budget requests (18-005)
Presentation only.

2.  A presentation regarding use of the Utility Transportation Fund (18-048)
Presentation only.

3.  A discussion on wastewater planning (17-131)
Discussion only.
 
4.  A discussion on an appropriation of $433,000 in the Airport Capital Improvement Fund for airport parking lot utilities and access applying to the fiscal year ending June 30, 2018. (18-043)
A motion to take an additional $29,000 from the General Fund and $76,000 from the Water Fund instead of the total $105,000 from the Water Fund was approved 7:0.

5.  A presentation from Bill Hulterstrom of United Way of Utah County to discuss 2018 Utah County Community Assessment. (18-045) Presentation only.

Tuesday, May 1, 2018

Council Work Meeting | May 1, 2018




 Agenda  (Time stamps have been added on YouTube to the individual agenda items to help you find them in the video.)



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Comment below (requires Google+ account), on our Facebook page, through our online comment form, or by contacting Council Members directly. Comments/input on items appearing on an upcoming meeting agenda will be compiled and provided to Council Members the day before the meeting. **Note - your comments will be part of the public record.