Mayor speaks on rental inspections

Mayor Waylon Clayton continued his monthly series of coffee meetings on Saturday, speaking on issues brought to him by citizens of Creston.

The meeting took place in Liberty Hall, a new venue in Creston for private meetings and conferences at 111-113 W. Montgomery St.

The next meeting has been tentatively scheduled for 10 a.m., Dec. 7, at Hot Air Brewery.

Clayton began the meeting with a short prayer. Afterward, he opened the floor for questions, saying this was the time to “confront” him on any issues with the city.

Rental inspections was a large topic for the meeting, with concerns based around keeping the inspection services within Creston. Clayton said the policy, which was established in January, will receive changes and is undergoing review with the city’s legal counsel.

The Rental Housing Inspection Program Administrative Policy was adopted Jan. 2 and implemented April 1. The policy states registered rental properties will be inspected once every three years. Rental properties without concern from inspectors will not need to be inspected for another four years after passing. Owners of the rental property pay for all inspections.

Properties not up to the inspector’s standards will need to be reinspected until they pass. Violations which require a reinspection depend on the severity. Minor violations require a 60-day reinspection.

Major violations requiring a mandatory reinspection within 48 hours include: structurally failing portions of the structure, storage of flammable liquids in a dwelling, fuel fired equipment with missing or inoperable flues, electrical cords or wiring showing signs of failure, inoperable heating system during winter months and other life safety issues determined by the inspector.

Some council members had spotted issues with the ordinance. Clayton expected the new changes to be added to the city’s agenda within “a couple months.”

One citizen brought up the Iowa Supreme Court case Singer v. Orange City, which is currently ongoing. Orange City had created an ordinance which required rental properties to receive routine inspections every five years, regardless if the tenants consented to the search or not and without individualized probable cause.

The case challenges the constitutionality of the law, saying it violated the rights of rental tenants who did not consent to the search. The city, in their appeal, argued the law protects the health and safety of the citizens, ensuring the rental properties are up to standard.

Clayton said he wasn’t aware of the case, but he said he’ll help council members keep an eye on it.

Another concern around rental properties involved keeping the money involved with the inspections within Creston businesses, with Clayton praising an idea to have the fire department be inspectors. The previous rental inspection ordinance had the fire department hold initial rental inspections.

The city does not have a dedicated building inspector. One citizen offered his services to be hired as an inspector during the meeting.

One property owner attending the meeting claimed the inspections were violating the rights of citizens. “I don’t know why we, as property owners, are held to a different standard than anyone who owns a home in this town,” she said. “[Tenants] sign a lease, they accept the condition of the property, they understand the condition of the property.”

In regards to enforcing the policy, Clayton also said it was “the hardest thing” to accommodate the wishes of Creston residents. “I got a group of people that want to enforce things, and I have a group of people that want to be left alone,” he said. “You got to find the line right down the center.”

Clayton continued his rhetoric on “neighbors helping neighbors,” praising local efforts to support underprivileged Creston residents, including the food pantry and soup kitchen. He supported the idea of a city rebrand, recently spearheaded by the Update Uptown committee, citing the opportunities for local businesses to help contribute and receive payment for the process.

In describing how businesses need to start supporting each other, Clayton recalled a story when he was introducing his food truck business, Little Green Trailer, to Creston. “The community comes out, they support me, but the businesses say, we don’t want you here,” he said. “It’s OK for competition, I love competition. I have competition with all these businesses here and I don’t say a word about them... We tear each other down, we get nowhere.”

The best time for voicing opinions on upcoming ordinances are during the public hearings, according to Clayton. “You have to get up there early, during public hearings,” he said. “If nothing is being said during the public hearing, we think it’s OK and we get started down and start spending money.”

Meeting schedules were criticized by a few citizens, especially in regards to how the city waives second readings on certain ordinances. The creation of special meetings, including during times when residents of the city would be unable to attend, were also criticized.

In response to a question about requiring council members to be representative of their wards, Clayton gave his opinion on how city council might look to be reduced. Clayton hoping to change the board from seven members to five, all at-large.

He called on members of the meeting to appeal to the city in order to make these changes. “That’s my opinion, but it’s going to take you guys,” he said.