Loading...
HomeMy WebLinkAboutOrdinance 5731ORDINANCE NO. 5731 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 120 REAL ESTATE SALE AND LEASING REGULATIONS FOR THE PURPOSE OF EDUCATING BUYERS AND TENANTS ABOUT CITY OF FAYETTEVILLE OCCUPANCY LIMITS WHEREAS, over -occupancy of residential property is against the law and many new residents, buyers and tenants are not aware of this current law; and WHEREAS, requiring sellers and lessors of residential property to disclose the maximum legal occupancy rate to buyers and tenants may help alleviate the problem of over - occupancy and reduce the workload on the City's planning staff who must investigate these issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 120 Real Estate Sale and Leasing Regulations as shown below: "§120.01 Zoning Disclosure Requirements for Sale or Lease of Residential Property: (A) The owner of any real property located within a residential zoning district shall be required to disclose to any buyer or tenant of that property the zoning classification of that property and the occupancy limits as set forth in § 151.01 under the definition of "family." The buyer or tenant shall acknowledge in writing the zoning disclosure. (B) This requirement shall not apply to any of the following: (1) a transfer, lease or rental undertaken pursuant to a court order; (2) a transfer, lease or rental between spouses resulting from a judgment of dissolution of marriage, legal separation, or property settlement agreement incidental to such judgment; or (3) a transfer, lease, rental or exchange to or from any governmental or public educational entity." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines the effective date of this ordinance to be July 1, 2015, to allow education and notification of realtors, landlords, real estate management companies, etc. Ordinance 5731 Page 2 PASSED and APPROVED this 16th day of December, 2014. ATTEST: By: AaA, A"& SONDRA E. SMITH, City Clerk/Treas� ��6RKe� !/,s�' •ee "7 Jo FAYETTEVILLE G City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD - w 479-521-1316 Text File File Number: 2014-0438 Agenda Date: 12/16/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C6. AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 120 REAL ESTATE SALE AND LEASING REGULATIONS FOR THE PURPOSE OF EDUCATING BUYERS AND TENANTS ABOUT CITY OF FAYETTEVILLE OCCUPANCY LIMITS WHEREAS, over -occupancy of residential property is against the law and many new residents, buyers and tenants, are not aware of this current law; and WHEREAS, requiring sellers and lessors of residential property to disclose the maximum legal occupancy rate to buyers and tenants may help alleviate the problem of over -occupancy and reduce the workload on the City's planning staff who must investigate these issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 120 Real Estate Sale and Leasing Regulations as shown below: "§120.01 Zoning Disclosure Requirements for Sale or Lease of Residential Property: (A) The owner of any real property located within a residential zoning district shall be required to disclose to any buyer or tenant of that property the zoning classification of that property and the occupancy limits as set forth in § 151.01 under the definition of "family." The buyer or tenant shall acknowledge in writing the zoning disclosure. (B) This requirement shall not apply to any of the following: (1) a transfer, lease or rental undertaken pursuant to a court order; (2) a transfer, lease or rental between spouses resulting from a judgment of dissolution of marriage, legal separation, or property settlement agreement incidental to such judgment; or (3) a transfer, lease, rental or exchange to or from any governmental or public educational entity." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines the effective date of this ordinance to be July 1, 2015, to allow education and notification of realtors, landlords, real estate management companies, etc. City of Fayetteville, Arkansas Page 1 Printed on 1211812014 File Number.' 2014-0438 City of Fayetteville, Arkansas Page 2 Printed on 1211812014 AGENDA REQUEST FORM FOR: COUNCIL MEETING OF December 16, 2014 FROM: CITY COUNCIL MEMBER Alan Long ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 120 REAL ESTATE SALE AND LEASING REGULATIONS FOR THE PURPOSE OF EDUCATING BUYERS AND TENANTS ABOUT CITY OF FAYETTEVILLE OCCUPANCY LIMITS APPROVED FOR AGENDA: Ci Alan Long Assistant City Attorney Blake Pennington (as to form) - 4ff Date 1i i r Date ORDINANCE NO. AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 120 REAL ESTATE SALE AND LEASING REGULATIONS FOR THE PURPOSE OF EDUCATING BUYERS AND TENANTS ABOUT CITY OF FAYETTEVILLE OCCUPANCY LIMITS WHEREAS, over -occupancy of residential property is against the law and many new residents, buyers and tenants, are not aware of this current law; and WHEREAS, requiring sellers and lessors of residential property to disclose the maximum legal occupancy rate to buyers and tenants may help alleviate the problem of over - occupancy and reduce the workload on the City's planning staff who must investigate these issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1.. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 120 Real Estate Sale and Leasing Regulations as shown below: "§120.01 Zoning Disclosure Requirements for Sale or Lease of Residential Property: (A)The owner of any real property located within a residential zoning district shall be required to disclose to any buyer or tenant of that property the zoning classification of that property and the occupancy limits as set forth in § 151.01 under the definition of "family." The buyer or tenant shall acknowledge in writing the zoning disclosure. (B) This requirement shall not apply to any of the following: (1) a transfer, lease or rental undertaken pursuant to a court order; (2) a transfer, lease or rental between spouses resulting from a judgment of dissolution of marriage, legal separation, or property settlement agreement incidental to such judgment; or (3) a transfer, lease, rental or exchange to or from any governmental or public educational entity." PASSED and APPROVED this day of APPROVED: LIONELD JORDAN, Mayor ATTEST: 20 SONDRA E. SMITH, City Clerk/Treasurer From: Alderman, Alan Lona To: Pennington Blake; Smith. Sondra Subject: Purchases or Leases of Homes in Residential Neighborhoods Date: Friday, October 10, 2014 4:24:34 PM Kit, I would like to sponsor an ordinance to cover the disclosure of our occupancy laws (section 151 DEF of Family -maximum number of persons in a single family home). Could you please find out what we have the statutory power to do under AR law and draft an ordinance accordingly? 1) Any person or agents involved in the selling of a home (all transactions) would be required to have the disclosure forms listed for the buyer to see prior to selling the home. The legislative intent would be to reduce the burden on code enforcement/planning that the city is currently experiencing. I do not want this to require any type of city administrative position at this time due to the budget. 2) Also, I want to include all leased (rented) property. The landlord would be required to disclose, along with the lease, the city of Fayetteville occupancy standards. These standards are a part of our code of ordinances related to the definition of a family, chapter 151. The ordinance would require that the disclosure be attached to the lease and the landlord would be required to retain a copy with the renter's signature. Both parties would be required by the ordinance to show that they have acknowledged our occupancy ordinances in relation to over -occupancy and will abide by them. Kind Regards, Alan 'Courents naybe corrlideutial acrd legally privileged, -d are intended ordy for the recipients) named above, and those on a need-to-knowbasis. wodlrrrng herein is intended to be a bbifft s uahur. CityClerk From: Tom Overbey <tltlott@gmail.com> Sent: Tuesday, December 16, 2014 1:31 PM To: Mayor; Gray, Adella; longward4@gmail.com; Justin Tennant; Mark Kinion; Martin W. Schoppmeyer; Matthew Petty; Adams, Rhonda; Marsh, Sarah Cc: CityClerk; Pate, Jeremy Subject: Chapter 120 ordinance regarding zoning disclosures We strongly endorse the proposed ordinance being offered tonight by Alderman Long to provide for disclosures to buyers and tenants regarding zoning requirements. In our immediate neighborhood, there are numerous abuses of the over occupancy provisions in the Code. This proposal to inform purchasers and tenants will help. I know of several situations where tenants particularly were misled about the number of persons who can occupy a R4 residence. This approach is an easy and economical approach to dealing with the problem. If you have any doubts about the reality of the problem, please allow me to take you on a 10 minute tour of our immediate neighborhood. Tom Overbey 1855 West Pratt Drive Fayetteville, Arkansas 72701-4874 Phone: 479-442-3554 Email: T1TLOTT(a-)-gmail.com omiieoi i -D wkyr n mwn, CityClerk From: Beverly Schaffer <bschaffer@arkansas.net> Sent: Tuesday, December 16, 2014 4:01 PM To: City -Clerk -old Subject: Ordinance requiring real estate disclosures Dear Alderman Marsh, Archie and I hope you will support Alan's proposed ordinance requiring the city's occupancy limits be disclosed in real estate transactions, including sales and leases. We think this requirement could be a game changer in the ongoing efforts by city staff and neighborhoods to enforce the occupancy limits. As the city staff can attest, enforcement of the occupancy limits is a challenge. Few effective tools exist to discover and deter violations of the occupancy limits that frequently occur in the single family homes in University Heights neighborhood. An avenue that hasn't been adequately pursued yet is a simple one, i. e. raising the awareness of the existence of these limits. It's not unusual for landlords and tenants who are in violation of the zoning limitations on occupancy to declare they had no knowledge of the limitations. That often seems to be the truth. Once the violations are brought to the attention of the city and the staff contacts the violators, many times the problem is resolved. Nevertheless, this process requires a significant allocation of staff time and city resources to achieve compliance, one complaint at a time. The proposed disclosure requirements would shift some of this burden to the parties to these property transactions, where the burden more appropriately belongs. At the same time, adding these disclosures to real estate transactions between private parties does not unduly burden the sellers or lessors or property owners or further complicate the transactions. It merely adds one more disclosure to many that typically are involved in these kinds of transactions. During a recent meeting of the city's Town and Gown Advisory Committee, the committee members previewed an educational video the city and UofA have put together for students who are living off -campus. It covers many important aspects of the off -campus living experience, including such things as trash and recycling pick-up, noise ordinances, and various city parking restrictions. The video also explains the city's housing occupancy limitations. This is an excellent tool for educating a population directly involved in many of the over - occupancy situations that arise. Increasing their awareness of these limitations could definitely improve compliance. With that effort underway, the timing is perfect also to raise the awareness of those on the other side of the transactions where the violations occur. Property owners, landlords, and property managers should be at least as informed as the potential pool of renters. I We hope you will consider supporting Alan's proposal. It has the potential to make a real difference in addressing a difficult and longstanding issue for the city's established neighborhoods. Thank you, Beverly Schaffer � !'�..1 L ✓ `/ `IBJ" U ^f �t ,eP �+ t � .f r ' � 1J C�J� o l!/j q . CityCle. From: Beverly Schaffer <bschaffer@arkansas.net> Sent: Tuesday, December 16, 2014 IS9 PM To: City -Clerk -old Subject: Proposed ordinance requiring real estate disclosures Dear Alderman Schoppmeyer, Archie and I hope you will support Alan's proposed ordinance requiring the city's occupancy limits be disclosed in real estate transactions, including sales and leases. We think this requirement could be a game changer in the ongoing efforts by city staff and neighborhoods to enforce the occupancy limits. As the city staff can attest, enforcement of the occupancy limits is a challenge. Few effective tools exist to discover and deter violations of the occupancy limits that frequently occur in the single family homes in University Heights neighborhood. An avenue that hasn't been adequately pursued yet is a simple one, i. e. raising the awareness of the existence of these limits. It's not unusual for landlords and tenants who are in violation of the zoning limitations on occupancy to declare they had no knowledge of the limitations. That often seems to be the truth. Once the violations are brought to the attention of the city and the staff contacts the violators, many times the problem is resolved. Nevertheless, this process requires a significant allocation of staff time and city resources to achieve compliance, one complaint at a time. The proposed disclosure requirements would shift some of this burden to the parties to these property transactions, where the burden more appropriately belongs. At the same time, adding these disclosures to real estate transactions between private parties does not unduly burden the sellers or lessors or property owners or further complicate the transactions. It merely adds one more disclosure to many that typically are involved in these kinds of transactions. During a recent meeting of the city's Town and Gown Advisory Committee, the committee members previewed an educational video the city and UofA have put together for students who are living off -campus. It covers many important aspects of the off -campus living experience, including such things as trash and recycling pick-up, noise ordinances, and various city parking restrictions. The video also explains the city's housing occupancy limitations. This is an excellent tool for educating a population directly involved in many of the over - occupancy situations that arise. Increasing their awareness of these limitations could definitely improve compliance. With that effort underway, the timing is perfect also to raise the awareness of those on the other side of the transactions where the violations occur. Property owners, landlords, and property managers should be at least as informed as the potential pool of renters. I We hope you will consider supporting Alan's proposal. It has the potential to make a real difference in addressing a difficult and longstanding issue for the city's established neighborhoods. Thank you, Beverly Schaffer L `I js ,t t CityClerk From: Tim Kring <tkring@uark.edu> Sent: Tuesday, December 16, 2014 4:06 PM To: CityClerk Subject: Support for 2014-0438 Council members: I write in support of the intent of the proposal in tonight's meeting (New Business, item C6, 2014-0438) suggested by Mr. Long. I certainly support the intent of what Mr. Long has proposed. The suggestion is commendable for its simplicity. However, it is unclear how this disclosure will be recorded. Asa result, there is no provision regarding how compliance with the ordinance can be enforced. As stated in the proposal, the seller/lessors must disclose the limitations, the buyer/tenants must acknowledge receipt in writing. However, I see nothing that requires that these disclosures be filed anywhere. Alan's Oct 10 letter to Kit indicates a desire that the tenant -signed disclosure be attached to each lease, and retained by the lessor. I see no such provision in the ordinance. I also see no provision that this disclosure become an element of the real estate transaction paperwork (between seller and buyer). I do not have the legal background to know the implications of my recommendation, but /suggest the proposed ordinance be amended to include a requirement that disclosures during a real estate sale and leasing transaction be filed with the city. I am not suggesting the ordinance be written to codify a particular disclosure form. Rather, I only suggest that these forms be filed. The final disposition of the disclosure forms is an essential element addressing the intent of the ordinance. Filing of these forms would be the only way to directly address the stated desire to reduce the workload on city staff, as it eliminates the need to "hunt down" owners/tenants in the investigation of an over -occupancy dispute. This also addresses the final point in Mr. Long's email to Mr. Williams (part of your packet). Thank you for your service to the City. Tim Kring 1777 W. Halsell Rd. Ward 4 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE S-P-M-EIZS THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 ( P.O. BOX 1607, 72702 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - City of Fayetteville - Ordinance 5731 Was inserted in the Regular Editions on: December 24, 2014 Publication Charges: $ 185.25 &W, "&- Cathy Wiles Subscribed and sworn to before me This day of kX / 201 t/ Notary Public My Commissioni'1<��i���iy� f3/ fo-w a3 BEIVSp�%�. NOTAR y Q A i' PUB00 Y N 0N C000 **NOTE** 11100\ Please do not pay from Affidavit. Invoice will be sent.