FAIRMONT– On Monday the Fairmont City Council held the second reading of an ordinance amending the rental housing code. The council first discussed the changes to the ordinance at the July 14 meeting.

It was back in the fall of 2021, however, when the council at that time adopted the rental housing ordinance as it currently is. Then at a workshop in March of this year, the council discussed flaws in the ordinance, namely that it didn’t have escalatory language for enforcement.

Community Development Director, Pat Oman, on Monday reminded the council that no one spoke up about the ordnance changes at the first reading on July 14 and that the city has not received anything in writing, either.

“The three changes are this. VRBOs are excluded from the rental ordinance. It has been reduced and modified from a rental license duration from three years to two years and finally, escalatory fine language is now put into the rental ordinance to allow staff in a reasonable period of time to move down that path,” Oman said.

Council Member Randy Lubenow said the council hasn’t found an ordinance it likes and the city has had trouble enforcing an ordinance.

“Why do you feel this ordinance is different this time and how are we going to be able to enforce it?” Lubenow asked.

He also asked how complaints about rental property conditions from citizens will be addressed.

Oman said that community development staff has met and come up with an action plan to address concerns. He said they have also gathered a list of applications that are outstanding that have been submitted, as well as checklists that haven’t been completed.

“We’re not starting from ground zero. We have followed up in a series of communications and letters, but this allows us to provide, in all fairness, some pressure to meet the requirements of the ordinance and escalatory fine language does that,” Oman said.

Lubenow said he sometimes hears from the “good” landlords, who say, ‘don’t lump us all together.’

“Unfortunately you’re all in the same business and I would agree that probably 85 to 90 percent of the landlords do a good job, but it’s that 10 percent that we have to have stuff like this and have staff spend their time on to make it good, safe housing,” Lubenow said.

In a unanimous vote, the council approved of the ordinance amendment.

The council also held the second reading of an amended ordinance establishing a rural and urban service district within the Fairmont city limits. At the first reading on July 14, several members of the public spoke up with questions about the changes and on Monday interim city administrator, Jeff O’Neill, spoke about some tweaks that have been made since.

“Conditions have been added to the criteria which would basically say that if a property is not located on a city right of way, then it can be made in the rural service district. That answered some basic questions of folks who were at the public hearing,” O’Neill said.

He said that a handful of parcels, about seven, fell out of the rural service area after this change was made.

Lubenow thanked city staff for looking into the matter and said that he thought it was a document they could be proud of, or at least defend.

The council in a 4-1 vote approved of the amended ordinance with Council Member Wayne Hasek opposed.

In other business:

— The council approved the expanded use of affordable housing aid funds for the Habitat for Humanity house relocation at 403 E. 5th Street.

— The council approved the local housing trust fund rehabilitation loan program guidelines.