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Staff: approved alternative compliance plans will be recorded as covenants under current HBO language
Summary
Staff told the committee the Healthy Building Ordinance language under discussion would make any approved alternative compliance plan a binding covenant that runs with the land and noted ACPs must be submitted 180 days prior to the June 30 reporting deadline.
Staff reviewed language from the Healthy Building Ordinance (HBO) that treats approved alternative compliance plans (ACPs) as binding agreements to be recorded with property records. The committee discussed the administrative and ownership consequences of recording such agreements — including potential impacts on property sale and transfer.
"Any kind of alternative compliance plan is considered a binding agreement between the owner and the city, and that that agreement will be reported as a covenant that runs with the land in the property records," staff said, citing wording added to HBO materials. Staff added that ACP requests must be submitted at least 180 days before the annual reporting deadline (June 30), so owners seeking flexibility should file in January for that year's target period.
Members discussed whether recording is done at city or county level and how to minimize burdens for owners and staff. The committee asked staff to clarify process steps and recordation mechanics in follow‑up materials.
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