Council advances rental housing code to second reading after lengthy debate

Mitchell — The City Council voted to move a proposed rental housing code ordinance to a second reading after a multi-hour presentation and public comment on tenants’ safety, landlord costs and implementation timing.

City attorney Justin Johnson, who presented the ordinance, said the measure would create a licensing and inspection program for rental houses and units, set minimum safety standards and establish a process for initial inspections, reinspection and appeals. Johnson said the ordinance is intended as a baseline that could be refined later and that the city would not require immediate compliance for many existing rental conditions.

“The ordinance would require everybody engaged in that business to obtain a license,” Johnson said, summarizing the framework. He added the city plans an initial transition period so existing landlords who apply in the first 30 days will continue operating while the first inspections are scheduled.

The ordinance sets a list of inspection standards covering smoke detectors, stairs, exterior openings and emergency escape and rescue openings (egress windows). It also contains grandfathering language intended to limit immediate retrofits for older construction, and directs council to set fees and staffing by resolution before the program goes into effect on Jan. 1, 2026.

The council heard questions from members about appeals procedures and whether appeals should be heard by an appointed board rather than by council. Johnson said the city could create a separate appeals board later but recommended starting the program with the council hearing appeals and then moving to a different board if council chooses.

Public commenters focused on egress windows and cost and scheduling concerns. Josh Peterson, who said he served on the ordinance committee, urged the council to recognize that many older Mitchell properties were constructed before modern codes and that requiring larger egress window openings could be costly.

“Egress windows weren’t really adopted until 2021 by the international building code,” Peterson said. “When you think of an egress window you think of a basement but the way this ordinance applies is any sleeping area.”

Another commenter, Jeff Baffin, noted contractor availability and said that even if the city requires egress windows, owners will need time to get work scheduled.

Council members and staff said the ordinance focuses on human-safety items and includes flexibility: reinspection timing is not fixed because workload and staffing will determine how quickly the city can cycle through properties, and inspectors can extend deadlines where owners are making documented progress.

Councilmember Mr. Goldhammer moved to approve the ordinance for a second reading; Mr. Barrington seconded. After brief additional comments, the council approved the motion by voice vote.

The measure will return for a formal second reading, where council may refine standards, appeals procedures and fees before final adoption. The ordinance as drafted sets Jan. 1, 2026, as the intended effective date to allow staff and landlords time to prepare.

The council’s action advances a program supporters say will raise minimum safety standards for tenants while giving owners time to comply; opponents and landlords asked the council to preserve flexibility on costly items such as egress windows.