Marshall Council passes city rental code

Public hearing draws few comments from community members

MARSHALL -- It was a proposal that had already been sent back to the drawing board once. But the second time around, the Marshall City Council was able to pass a new city code governing rental properties.

Council members approved the code, after holding a public hearing Tuesday evening.

"What you have in front of the council today, it is a registration ordinance, as opposed to any type of licensing ordinance," said Marshall City Attorney Pam Whitmore.

Under the new code, rental housing - including short-term rentals - would need to be registered with the city. The rental code ordinance also includes procedures for tenants to make complaints about a rental property to the city, and for landlords to resolve the issues.

"This involves cooperation between the landlord and the tenant. It works when both parties do their part. It isn't a one-sided thing," said John DeCramer, co-chair of the committee that worked to shape the new code.

Tuesday's hearing didn't draw a large crowd, compared to earlier discussions of a proposed rental code. But members of the public did raise concerns about how code would affect tenants and landlords in Marshall.

Marta Faulkner spoke about issues that tenants were having in the rental property where she lived, and the lack of response they were getting from management.

"We can talk all we want and we can make ordinances . . . but that's not a solution. The solution is to come and fix what needs to be done," she said.

"What I would say is, we don't have an ordinance in place right now. So we don't have a mechanism to address some of the concerns from the public," said Mayor Bob Byrnes. "That's one of the reasons why we're considering this."

Curt VanMeveren said the code needed to be fair to both tenants and property owners. "If it doesn't work both ways, the small landlords will go away," he said.

Discussions on creating a rental code for the city go back as far as 2021. A proposed rental code that came before the city council in 2023 drew backlash from both local property owners and renters.

Instead of acting on the 2023 proposal, council members directed city staff to form a committee for further review of a rental code ordinance. That committee, made up of members including city staff, Marshall Fire Department representatives, landlords and tenant advocates, met five times over the course of the past year, said Marshall City Attorney Pam Whitmore.

"They engaged in a lot of thoughtful and thorough discussion," Whitmore said. "And after each of those meetings, there were changes that arose out of those and came back to the committee. And each time the committee re-discussed all those changes, and approved what you have in front of you today."

DeCramer said having a rental code ordinance gives the city a list of rental property owners and contacts in case of an emergency. It also helps ensure basic safety needs are being met by tenants.

"We really want the tenants to work with the landlord before this comes to the city," said committee co-chair Marc Klaith. "It's another tool in the toolbox to help ensure that the renter is being taken care of, but it's also ensuring that the landlord is understanding and having cooperation with that tenant."

Under the new code, rental housing needs to be registered with the city, and have an owner or local property manager living within 50 miles of Marshall. Registrations would need to be renewed every two years, with a $100 registration fee. Property owners or managers would also need to complete a self-inspection checklist for each rental unit.

The city also set additional fees for complaint-based inspections and re-inspections for non-compliance.

The code also gives tenants the ability to make complaints about a rental property to the city.

"There is inspections, that are only on a complaint basis. So if there is a complaint about a property, that's when an inspection occurs," Whitmore said.

After getting a complaint, the city would give the property owner or manager 48 hours to address the issue, unless the complaint alleges an immediate health or safety concern. If a complaint isn't resolved after 48 hours, the city can inspect the property and notify owners and tenants of ordinance violations. The city can also give a compliance order to the property owner to address the issue.

The proposed ordinance also includes protections for tenants if they make an emergency call or call the city to file a complaint.

VanMeveren raised concerns about the requirement for landlords to respond to complaints in 48 hours. "One of my concerns is, I've used plumbers and people to fix heaters and stuff - I've waited as long as four of five days before I could get them there," he said. "Is there something in there that allows for something like that, when the repair is beyond what a person has control of?"

"Really the 48 hours is to address the issue, which includes just having some movement, so notifying the city that there's a plumber coming in and that plumber will be there," Whitmore said.

After the hearing, council members voted to adopt the new rental code ordinance, and then voted to pass a resolution establishing registration fees.

"I think this is a good registration. I don't think the city of Marshall goes out of bounds, which I'm very supportive of," said council member James Lozinski. "It will work well for us to start out."