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HomeMy WebLinkAbout2009-02-09 09-074 RESOLVECOUNCIL ACTION Date: 2-9-09 Item No. r) ',-) 0 % 1- Item/Subject: Resolve, Indicating the Support of the City of Bangor for An Act to Authorize Municipalities to Protect the Habitability of Rental Housing During Heating Fuel Emergencies. Responsible Department: Executive Commentary: Legislation is being introduced in this session of the legislature to address situations where municipalities may find it necessary to take emergency steps to maintain heat in residential properties. It would specifically authorize municipalities to take action in such instances after attempts to contact the property owner have been unsuccessful. It would also authorize liens against the property to insure any expenditures are recovered. Last summer, the City began planning for what at the time appeared to be the potential for numerous heat emergencies this winter given the then record high prices for fuel oil. As a part of that planning, it became apparent that while there were a number of available alternatives to address heat emergencies in single-family, owner occupied homes, there were fewer options to address rental properties where utilities, such as heat, are provided by the landlord. Given the threat to health and welfare posed by lack of heat, the City developed contingency plans to address rental housing. However, we also realized that such contingencies might result in the City expending funds with no guarantee of repayment. Since then, the cost of heating fuel has declined and we have not been required to take emergency steps. However, at least one large Maine community did so on several occasions last winter. Although the immediate crisis has been mitigated, this action is a proactive step to allow us to be prepared for what appears to be inevitable fluctuations in the price of heating oil. Department Head Manager's Comments: This has been reviewed and is recommended by the Government Operations Committee. ao�� &&46. City Manager Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Rafarral Finance Director Page _ of _ Solicitor 09 OV Assigned to Councilor Wheeler February 9, 2009 CITY OF BANGOR (TITLE.) Resolve, Indicating the Support of the City of Bangor for An Act to Authorize Municipalities to Protect the Habitability of Rental Housing During Heating Fuel Emergencies. WHEREAS, as we approached this year's winter heating season, energy prices reached record highs raising concerns that property owners would be unable to maintain heat in their properties; and WHEREAS, in developing emergency plans to meet a heating emergency, the City developed contingency plans to respond to residential properties with no heat; and WHEREAS, while emergency General Assistance and other resources can be made available to home owners, many tenants do not have the responsibility for providing heat to their units nor is there a workable procedure under existing state law for tenants to take immediate action to restore heat in the absence of response from their landlords; and WHEREAS, given Maine's harsh winters, the failure to provide heat to a residential structure places the health and welfare of its residents at grave risk; and WHEREAS, failure to heat structures can also result in significant damage, including structural damage, that can make these structures unsuitable for occupancy and expensive to repair; and WHEREAS, it is in the best interest of the City of Bangor to protect its residents and take steps to insure that residential buildings remain habitable; and WHEREAS, given these circumstances, the City set in place procedures under which it would take the responsibility for providing emergency heating oil to rental properties if a heating emergency arose and the owner either could not be contacted or refused to take immediate action to address the problem; and WHEREAS, if such action is taken, the ability of the City to recover expended funds is limited and might require lengthy court action; and WHEREAS, in circumstances where an owner abandons property after the City has provided emergency fuel, the City may not be able to recover its expenditures; and WHEREAS, providing municipalities with the formal legal right to provide emergency fuel and with the ability to lien a property on which public funds have been expended for the purpose of maintaining heat and habitability would provide greater legal and financial protection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT We support An Act to Authorize Municipalities to Protect the Habitability of Rental Housing During Heating Fuel Emergencies and call upon our state legislative delegation to work to support its passage by the Maine State Legislature. IN CITY COUNCIL February 9, 2009 Motion Made and Seconded for Passage Passed QA�A 1 Li i i DEPUTY CITY CLERX R ESO L -V E (TITLE,) Indicating the Support of tbP City of Bangor for an Act to Authrize Manic }iti s to Pro er the Habitability of Rental Housing During Heating Fuel �'mpr$PnriP� Assigned to Councilor / L MR -11w,