Henderson council reviews proposed minimum housing code changes, asks staff to rework wording

Henderson City Manager Edward T. Blackmon told the City Council on July 27 that staff planned updates to the city’s Minimum Housing Code to clarify emergency-repair language and adjust certain fines and fees, and that the draft would not require landlord registration or pre-inspections because state law prohibits those measures. "Based on State Statutes, the revised code does not/cannot require Landlord registration nor can the City require pre-inspections," Blackmon said.

Council members and staff spent much of the work session discussing a proposed requirement for an "Authorized Agent" under Section 21-10. City Attorney D. Rix Edwards said he would research the proposal before the council takes any action; Blackmon said the intent is to identify a local contact when property owners are not readily reachable and suggested rewording the concept to "Point of Contact (POC)." "Rather than using the term 'Authorized Agent' perhaps using 'Point of Contact' (POC)," Blackmon said.

Development Services Director Corey Williams described practical hurdles that can slow enforcement: tenants sometimes do not know where to send rent, landlords may use PO boxes or multiple limited liability companies, and certified mailings and hearings under State Statute 160D, Article 12 can delay remedies when an immediate emergency requires staff intervention. "When there is an emergency that requires immediate action, having someone to contact is important," Williams said.

Council Members Melissa Elliott and Sara M. Coffey raised concerns about timetables for emergency fixes. Elliott said the 72-hour period noted in Section 21-12 "was too long for taking care of emergency issues," particularly when essential services such as water, heat or sewer are lost, and asked whether state rules would prevent shortening that timeframe.

Other technical and safety topics came up during the review. Council Member Garry D. Daeke asked for a clearer definition of "emergency," questioned handrail requirements tied to step height, and raised the city ordinance that requires properties within city limits to connect to city sewer. Williams said he would consult the Public Works Director to determine how many parcels remain unconnected. Daeke also asked about kerosene heater venting; Williams said the draft could require heaters be installed according to manufacturer instructions and noted the Fire Department provides education on safe use.

Williams described the department’s inspection practice: when invited into a home, inspectors use a full checklist that includes ensuring windows open, smoke detectors function and water is working. He also noted that a bedroom without a window is not counted as a habitable room under the draft language, creating potential implications for occupancy counts.

Elliott emphasized tenant outreach and housing assistance: because tenants sometimes hesitate to report violations for fear of retaliation, she recommended including tenant-protection information (noting retaliatory eviction is illegal) in utility bill mailings and asked for a strategy to help residents who are displaced after a condemnation.

On staffing, Mayor Eddie Ellington and several council members expressed willingness to commit to adding at least two Code Compliance Inspectors, subject to funding and hiring timelines. Blackmon said he had been discussing possible county funding for abatement and zoning and that tweaks to job descriptions may be necessary before bringing a formal action to the August 8 council meeting.

The council asked the city attorney and staff to rework the draft ordinance language, more precisely define emergency violations, and return the revised proposal at the Aug. 8 meeting for further consideration. With no other business, Council Member Sara M. Coffey moved to adjourn; Council Member Ola Thorpe-Cooper seconded, and the motion was unanimously approved. The meeting adjourned at 1:18 p.m.