Apartment inspection program proposed

ROCHESTER — Code enforcement staff are proposing a new citywide apartment inspection program to replace an approach that sparked public and City Council outcry last fall.

Code Compliance Officer Joe Devine presented the program to City Council Tuesday, describing it as a “softer” way to accomplish some of the same proactive enforcement goals of the now-suspended neighborhood compliance program.

“What we’re looking to do is a program on all of the rental housing stock in city of Rochester,” Devine said, outlining a tiered, point-based system that would require rental properties to undergo a code inspection every one, two or three years depending on how they score in terms of the severity of the violations found during their inspection.

Councilors and Mayor Caroline McCarley have called the neighborhood compliance program a mistake because of the way in which it was handled. They’ve said they took exception with the way city staff walked neighborhoods looking for issues, as well as how they levied harsh violations to single- and multi-family homes for minor issues like chipped paint and missing shingles.

The neighborhood compliance program yielded 104 violations over five months, as well as many angry calls and letters from residents, before city staff and City Council both decided last year it should be suspended.

The council had asked Devine and Jim Grant, the director of the Department of Building, Zoning, and Licensing Services, to come back before them once they’ve had a chance to digest the feedback and determine a softer path forward.

Tuesday’s presentation was the result, and Grant said an inspection program that only applies to multi-family buildings is that path.

The conceptual structure presented Tuesday took its cues from federal Section 8 housing standards, according to Devine. He said many aspects of the proposed program need to be ironed out, including its fee structure and the thresholds that dictate the severity of violations.

That’s why, at Devine and Grant’s request, City Council will send the program for in-depth public review at its May 2 Codes and Ordinance Committee meeting. Additional information will be filed in that meeting’s packet for public consumption ahead of the session, and Devine and Grant said they want feedback to devise an acceptable plan.

Multiple city councilors said they encourage the public to weigh in.

Ward 4’s Dave Walker was among those who voiced trepidation about the proposed program Tuesday night.

“I don’t know what’s worse, the first program or this,” said Walker, advocating for the city to stick with its existing complaint-based approach to code enforcement. “Let’s just say I don’t like it.”

Deputy Mayor Ray Varney said he took exception to the initial idea to require every apartment to pay $16 for an initial inspection through the program, stating it comes across as rubbing it in residents’ faces when city staff are already paid to inspect properties.

Ward 1 Councilor Jeremy Hutchinson said he hopes the program’s fees and violations can be made much softer than the “very unpopular” neighborhood compliance program. He also said he believes an apartment inspection program could help with issues surrounding absentee landlords and some of the poor living conditions that can contribute to homelessness.

Ward 3 Councilor Tom Abbott said he doesn’t have an issue with proactive enforcement, but said he hopes whatever goes before Codes and Ordinances will help Rochester better protect the rights of both landlords and tenants.

Additional information about the conceptual apartment inspection program can be found within the March 19 City Council meeting packet on the city’s website, rochesternh.gov.