AMHERST — Even with successes of the rental registration bylaw, town officials are contemplating changes that could include a rental appeals board and higher annual fees.
Building Commissioner Robert Morra told the Select Board Monday that the program, which began in 2014 and is in its third cycle of renewals, allows municipal inspectors to work with property owners and landlords to make sure rental dwellings are in good shape.
The bylaw has helped ensure that fire escapes at rental properties are in good repair and adequate parking is provided for all tenants, among other benefits.
But because no rental appeals board is in place, Morra said, inspectors haven’t reached the point of suspending permits, which would require action by the independent arbiter.
“(The board) is something the bylaw does identify,” Morra said. “It’s for responding to appeals of a suspension of a permit.”
The Select Board would appoint the board’s members, who would set rules and procedures for future meetings, while Town Manager Paul Bockelman is expected to take a lead in formulating a plan for its creation.
Select Board member Andrew Steinberg said he supports the board’s creation. But he cautioned that any action brought before the board means the livelihoods of landlords and property owners are being affected.
Morra said 1,265 rental properties were registered in 2016. In fiscal year 2016, the program involved 72 zoning bylaw complaints and 289 building code complaints, but just 23 tickets were issued.
In most cases, these complaints led to major improvements, such as property managers finding ways to effectively manage parking and renovate buildings, including fire escapes. He said inspectors have identified 67 fire escapes at various buildings, and 32 of these have since either been certified or improved to receive certification.
Morra said there has been no discussion yet to amend the $100 per property fee. This fee is assessed whether the rental property is a single-family home or a large apartment complex.
The $126,500 brought in this year is used to cover the salary of a second code enforcement officer and an administrative assistant. That code enforcement officer is now working just half time on building violations, with the other half related to health inspections.
The rental bylaw implementation group could be activated to examine possible changes, such as whether the town should continue to assess a $100 fee on fraternities and sororities, as well as to properties overseen by the Amherst Housing Authority.
The Select Board or its designee, though, can amend the rate without bringing the bylaw to Town Meeting.
Meanwhile, Morra said he is beginning to examine the zoning and general bylaws that cover signs, observing that inspectors are not actively enforcing these bylaws unless there are egregious violations or complaints.
He points to the use of sandwich board signs, with some businesses displaying them, even though they should only be eligible if the storefront is not visible from street frontage.
Instead, Morra said the focus has been looking for hazardous situations, such as flashing lights in signs and other signs that could cause distractions.
The Planning Board may be asked to work on any sign bylaw changes. “It will need a big effort when we get to it,” Morra said.
Select Board member Constance Kruger said she appreciates this being looked at, noting that some stores may be displaying too many signs in windows, and that human signs, people dressed up or holding advertisements, can pose dangers.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
