463

There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly passed and it was so ordered.

AN ORDINANCE
BY VICE MAYOR BYINGTON NO 4907
DETERMINING TO PROCEED WITH THE ACQUISITION, INSTALLATION, EQUIPMENT, AND IMPROVEMENT OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF OAKWOOD, OHIO IN COOPERATION WITH THE DAYTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is the second piece of legislation required in connection with the Beth Abraham Synagogue HVAC upgrade, and authorizes them to move forward to secure PACE financing for the project.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mr. Stephens that the second reading be waived and that the ordinance be passed tonight.

Upon call of the roll on the question of the motion, the following vote was recorded:

MR. WILLIAM D. DUNCAN YEA
MR. STEVEN BYINGTON YEA
MR. ROBERT P. STEPHENS YEA
MRS. ANNE HILTON YEA
MR. CHRISTOPHER EPLEY YEA

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

Mayor Duncan noted that a four out of five yes vote is required in order to waive the second reading of the ordinance.

AN ORDINANCE
BY VICE MAYOR BYINGTON NO 4908
AMENDING SECTION 17-107.5, PRE-SALE INSPECTION AND CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OWNERS AND TENANTS, OF THE OAKWOOD PROPERTY MAINTENANCE CODE, TO PROVIDE FOR THE WAIVER OF RENTAL INSPECTIONS WHEN A RENTAL UNIT HAS ALREADY BEEN INSPECTED IN THE PREVIOUS 12 MONTHS.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is an ordinance to clarify the process and timing for rental unit inspections under the City's Rental Inspection Program. This long-standing program requires landlords to obtain a rental unit inspection and provide certain tenant information each time there is a change of tenant.

Regular property inspections are important in a city like Oakwood, which has a well-maintained but aging stock of homes. But inspections can be intrusive, and the need for regularity must be balanced with private property rights. For that reason, city staff has recommended that the number of inspections be capped at one per year, per property, unless the property has a history of complaints or other issues that would warrant an inspection.

Under the proposed amendment, the City would have discretion to waive the inspection requirement if all of the following three conditions are met:

  1. The property has already been inspected within the previous 12 months;
  2. The city has not received any zoning or property maintenance complaints about the property within the previous 12 months; and
  3. The property owner is otherwise in compliance with all requirements of the Property Maintenance Code.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.