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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2008 - FIRST READING OF ORDINANCE NO. 088, 2008, AMENDING ITEM NUMBER: 27 AGENDA ITEM SUMMARY DATE: July 16, 2008 FORT COLLINS CITY COUNCIL STAFF: Felix Lee Beth Sowder SUBJECT First Reading of Ordinance No. 088, 2008, Amending Chapter 20 of the City Code by Adding Regulations Pertaining Specifically to Dirt Yards and Dilapidated Fences. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Costs to the City to enforce the codes are anticipated to be covered by the current operating budget for the Neighborhood and Building Services Department (NBS). Property owners will have expenses related to correcting violations and complying with the codes/standards. EXECUTIVE SUMMARY This Ordinance addresses physical deterioration of properties that affect the well-being of neighborhoods in Fort Collins. The proposed regulatory tools would enhance the City's ability to provide the community with improved preventative measures. BACKGROUND Discussions emerged in 2005 among concerned citizens, community interest groups and City Council about the physical condition of buildings,rental standards, and exterior-premises nuisance codes. Revisions to occupancy limits and other neighborhood quality-of-life code changes precipitated the discussions. Concerns have been directed at physically neglected properties that can accelerate the deterioration of neighborhoods. Property maintenance conditions and related complaints that are not addressed by existing code provisions were the focus. There has been extensive public outreach seeking recommendations from City boards and commissions,the real estate and rental industry,neighborhood groups and individual citizens. Four City Council Work Sessions have occurred: September 2006, August 2007, February 2008 and March 2008. July 15, 2008 -2- Item No. 27 In response,staff proposes to add two provisions to Chapter 20 of the Municipal Code dealing with dirt yards and dilapidated fences and walls for all violations visible from public right-of-way or ground level of neighboring properties. RECENT DIRECTION FROM COUNCIL (See attachment 1 for March 11,2008 Work Session Summary) Below are Council's suggested revisions from the work sessions specifically related to exterior- premises nuisance codes. In italics are responses and references where they are addressed in the proposed code language. A. Severe weathering of exterior building/structure surfaces(walls,etc.)because of deteriorated protective coating(paint)and severely damaged roofing allowing water into the building are covered by the Dangerous Building Code and should be eliminated from the proposed Exterior-Premises Nuisance Codes (removed from Exterior-Premises Nuisance Codes.) B. Bring forward for Council consideration an ordinance that adds exterior nuisance codes that will apply to all properties within the City of Fort Collins. C. Enforce the proposed codes from all public rights-of-way and ground level of neighboring properties (included in the ordinance). D. Provide reasonable lengths of time for people to correct violations. This is already required by Code Sec. 19-66(a)(1), Rules for Civil Infractions. The length of time is determined by the severity of the condition as well as other mitigating factors. E. Bring more detailed information and provide a matrix explaining all possible assistance programs for owner-occupied properties with low incomes (See Attachment 2). F. Place emphasis on assisting people with available resources to address violations before utilizing enforcement efforts or issuing citations. G. Explore including fences that are dilapidated or of inappropriate materials, e.g., plastic sheeting, metal roofingibuilding panels, plywood/OSB sheathing, scraps, etc. (The Ordinance requires that fence and wall repairs must be made with compatible materials of comparable composition, color, size, shape and quality.) Exterior-Premises Nuisance Provisions Originally,the exterior-premises nuisance provisions being considered included four items: (1)dirt yards;(2)dilapidated fences and walls;(3)peeling paint;and(4)deteriorated roofs/gutters. Council directed staff to remove items (3) and(4) - peeling paint and deteriorated roofs/gutters. If adopted,these nuisance provisions(dirt yards and dilapidated fences and walls)will be added to Chapter 20 of the City Code and will apply to violations visible from any public right-of-way (including alleys) or from the ground level of adjacent properties. Violations will be civil infractions and subject to civil penalty. Persons not in compliance will be given a reasonable July 15, 2008 -3- Item No. 27 amount of time for compliance and extensions will be granted for mitigating circumstances such as weather, working with assistance programs, etc. The proposed Exterior-Premises Nuisance provisions are summarized as follows: • Yards: No less than eighty percent (80%) of any yard area, excluding sidewalks and driveways, must be covered with grass, ground cover plants or other landscaping material, such as mulch, decorative gravel, stone or paving bricks. Ground cover consisting of crushed rock, gravel, or similar material must be one quarter (1/4) inch or larger in size and shall be maintained at a depth that is sufficient to cover all exposed areas of dirt. • Fences and Walls : All fences and walls must be maintained so that they are structurally sound and in good repair so that there are no broken,loose,damaged, removed or missing parts (i.e., pickets, slats, posts, wood rails, bricks, panels). Repair of fences and walls must be made with compatible materials of comparable composition, color, size, shape and quality of the fence or wall to which the repair is being made. Assistance Programs Available (See attachment 2 for detailed matrix) Assistance Programs are summarized below as requested by City Council. The main source for financial assistance for low-income,owner-occupied properties would be from the Latimer Home Improvement Program(LHIP). A summary of this program is: • Contact person—Amy Irwin—Loveland Housing Authority—970-667-3232 • This program is funded with federal, state, county and local money, and it is administered through the Loveland Housing Authority. • Low-income families may qualify for 0 — 5% interest loans up to $24,999 (most repairs are much lower cost than this). • Home improvement projects include repairs such as roof replacement or repair,new siding, exterior paint, some fence repairs or replacement, etc. • The application process is very simple, and City or LHIP staff can assist people through this process. • The City of Fort Collins contributed $60,000 in 2005 to this program for home improvement projects in Fort Collins. • In 2007, 12 loans were given. Between January 2004 and August 2005, 17 households received loans. In August 2005, there was a waiting list of 26 households. July 15, 2008 -4- Item No. 27 • Amount available for loans fluctuates each year depending upon how much collected from current loans (average 12 loans per year at approximately$9,000 per loan). • Since yards and fences would not qualify for a LHIP loan,additional funds could be added to this program specifically for Exterior-Premises Nuisance Code violations (yards and fences) and can be set aside to assist people who qualify and need assistance to comply. • LHIP is willing to have these set up as grants rather than loans which would cost less to administer. If it is set up as a grant program,an ongoing annual allotment will be needed versus a loan program which can be self-sustaining. • Staff could pursue additional funding for LHIP to use specifically for exterior- premises property maintenance concerns either this fall as part of the City's competitive process or through the next Budgeting for Outcomes process (2010- 2011). Volunteer Programs Neighborhood Services and CSU provide significant volunteer programs that assist many neighborhood projects every year. These include Adopt-A-Neighbor,Fall Clean-up,and CSUnity. In the past two years, these programs have utilized over 2,000 volunteers to assist with approximately 160 neighborhood projects. Many of these projects included yard clean-up, fence repair, landscape work, painting, etc. Neighbors have reported that the volunteers were kind, respectful and a valuable resource. When appropriate,Neighborhood Services would also utilize other volunteer-based programs and agencies including Fort Collins Board of Realtors, Group Workcamps Foundation, Habitat for Humanity,United Way,Jaycees,Volunteers of America,Interfaith Council,and Northern Colorado Homebuilders' Association. In addition, Neighborhood Services could utilize and partner with ReSource and other local businesses as a possible source of low-cost landscaping and fence materials. This would be done by staff matching the particular need with the appropriate agency available to assist. PUBLIC OUTREACH Extensive public outreach has occurred over the past two years. Boards and Commissions (see Attachment 3 for minutes) • Planning and Zoning Board Work Session—July 13, 2007 • Affordable Housing Board— September 6, 2007 and June 5, 2008 • Building Review Board—July 26, 2007 and April 24, 2008 Public meetings, presentations and outreach • Open Public Meetings—January 25, 2007; February 1, 2007; July 24, 2007 • Small stakeholder meetings—March—May 2007 July 15, 2008 -5- Item No. 27 • Newspaper columns and newsletter articles—2007 and 2008 • North Fort Collins Business Association presentation— September 26, 2007 • Affordable Housing Coalition presentation—October 17, 2007 • Associated Students of Colorado State University—October 31, 2007 • Fort Collins Board of Realtors—January 15, 2008 and January 29, 2008 • Colorado Apartment Association presentation—March 18, 2008 • Center for Public Deliberation Capstone discussion—April 21, 2008 Feedback varied significantly with opinions on both sides of the issues. There is a general concern for the potential financial hardship new codes can place on low-income residents. Timeline An educational promotion for the Exterior-Premises Nuisance provisions will occur during the remainder of 2008. Enforcement will commence on January 1,2009. Standard operating policy will be to: (1) first focus on alternative resolutions for the violations through assistance programs and volunteer efforts prior to taking enforcement action; and(2)provide citizen-friendly informational materials that detail options available. The use of enforcement will be reserved and used as a last resort to obtain compliance. ATTACHMENTS 1. Work Session Summary - March 11, 2008. 2. Assistance Programs Matrix. 3. Boards and Commission Minutes. 4. PowerPoint Presentation. ri� • �,r h Neighborhood&Building Services ,.,: 281 N. College Avenue PO Box 580 Fort Collins,CO 80521 City of Fort Collins 970.224.6134 970.224.6134 f760 ax fcgov.com Mayor& City Council Members ATTACHMENT 1 Thru: Darin Atteberry, City Manager Diane Jones, Deputy City Manager Jeff Scheick, Planning, Development& Transportation Director From: Felix Lee, Neighborhood & Building Services Director Date: March 13, 2008 Re: March 11, 2008 Council Work Session—Property Conditions Code&Rental Housing Standards Jeff Scheick, Felix Lee, and Teresa Ablao presented various options for Council consideration regarding"Property Conditions Code" and "Rental Housing Standards". Derf Green, Housing Inspector, was also present to assist with questions. Council Members present: Mayor Hutchinson, Kelly Ohlson, David Roy, Lisa Poppaw, Diggs Brown, and Wade Troxell. Proposed Revisions to "Property Condition Code"&Rental Housing Standards 1. Clarify vacant v. abandoned—clarify proposed"Vacant Building Notification"process. 2. Dilapidated fences that are hazardous are covered by this proposed code and should be eliminated from the proposed"Exterior Property Maintenance Code" (XPMC). 3. Severe weathering of exterior surfaces (walls, etc.) because of deteriorated protective coating (paint) and severely damaged roofing allowing water into the building are covered by the proposed code, so should be deleted from the "Exterior Property Maintenance Code". 4. Dilapidated gutters that pose risk of injury by detachment are covered in the proposed "Property Condition Code" and should be deleted from the proposed XPMC standards. 5. Investigate the duty of adjacent property owners to maintain public sidewalks (which is not addressed in the proposed codes). 6. Clarify how the treatment of stagnant water on private property under the new proposed code provision compares to how similar conditions on City property are addressed. 7. If the decisions regarding property condition are not intended to go to Council on appeal, do we need to amend Chapter 2 of the Code because all decisions of the BRB are appealable to the Council? 8. Review proposed 800-ft. rule for affected property owners (APO) eligible to appeal Building Official's actions to Building Review Board—so that it is consistent with Zoning Board of Appeals and Planning & Zoning Board. 9. Staff including the CA's Office will further develop process to address existing"non- recorded" housing/rooming units for which no documentation or evidence can be provided establishing their lawful creation. ,� Neighborhood&Building Services 281 N.College Avenue PO Box 580 Fort Collins,CO 80521 City of Fort Collins 970.22 970.224.6.613434 fax fcgov.com Page 2 Proposed"Exterior Property Maintenance Code" (XPMC) 1. Deal only with"dirt" or"dead" yards only—add to current Nuisance section of the City Code that deals with weeds, rubbish, etc. 2. Develop the concept of the City as an "enabler", not program manager, to refer and connect interested income-qualifying owner-residents with available public and private resources to address aesthetic and nuisance conditions and to determine eligibility for what kinds of repairs, subject to what conditions, etc. 3. CA's Office and other staff is to explore including fences that are dilapidated or of inappropriate materials, e.g., plastic sheeting, metal roofingibuilding panels, plywood/OSB sheathing, scraps, etc. What assistance programs are available? Name/Program Program Explanation Cost/Payment Info Qualifications LHIP— Helping to preserve affordable housing. • Interest rates vary • Income qualification. Larimer • Funded with federal, state, county and some local money. from 0%to 5% . Own and occupy the County Home . Loans up to $24,999 (most are less than this). based upon the home. Inivrovement • Repairs such as roof replacement or repair, new siding, exterior families' income. • Have enough equity Program paint, windows, insulation, some fence repairs, etc. • Loan terms are very to secure the loan. Contact Person . Application process is very simple, and NS staff can help with flexible— . Resident of Larimer —Amy Irwin, this affordable monthly County(Fort Collins Loveland . Program administered through the Loveland Housing Authority. payment. Some for Fort Collins' Housing . City of Fort Collins has contributed money to this revolving extreme cases are money). Authority, funding source. deferred to sale of 667-3232 . City of Fort Collins dollars stay in Fort Collins and some home. Larimer County dollars spent in Fort Collins. • Amount available for loans fluctuates each year depending on how much they collect from current loans. • Any additional funds added to this program could be set aside especially for Exterior Nuisance Code violations. • Staff could pursue additional funding for LHIP this fall as part of the City's competitive process or the next BFO process. Adopt-a- • Neighborhood Services offers these programs to residents who $1,500/year budgeted Fort Collins residents Neiehbor& need help with snow shoveling, leaf raking or lawn mowing and for this program who are physically Fall Clean-up are physically unable to do so themselves and cannot afford to unable to do the work Programs hire these services. and cannot afford to hire Contact person . This program seeks out and utilizes volunteers within the same these services. —Ginny neighborhood in order to foster neighborliness and make Sawyer, volunteering convenient. Neighborhood . This winter(2007-2008), 66 neighbors have been assisted with Administrator snow shoveling. and Melissa . The Fall Clean-up (November 2007) matched 300 CSU Emerson, volunteers with 55 elderly or disabled residents to help with yard > x z I N What assistance programs are available? Community cleanups. Liaison • This program could be expanded to include assistance with landscaping and fence repair. CSUni • This program is a one-day service event that CSU's Student Need budget info. All projects welcome. Contact people Leadership Involvement and Community Engagement(SLICE) —Camille Office organizes. Howells, . Melissa Emerson, Community Liaison, is the coordinator for the SLICE and neighborhood projects. Melissa . In 2007, CSUnity had over 1,200 CSU volunteers who assisted Emerson, with 60 neighborhood projects. Community • In 2008, CSUnity had over 1,700 CSU volunteers who assisted Liaison with 250 projects (104 neighborhood projects). • Provides great service-learning opportunities for CSU students. • Provides invaluable help to our residents as well as wonderful community-building opportunities. • Many neighbors have reported that the volunteers were kind, respectful and a valuable resource. ReSource Your best local Resource for quality used building materials. Low cost,recycled None. Program • ReSource is a non-profit program that accepts donations of materials. Contact reusable building materials and then resells them to the public at number—498- great prices. 9663 . Everything at Resource has been donated by homeowners, businesses, contractors, or deconstruction experts. • Could help people find low-cost landscaping and fencing materials. Business Neighborhood Services will seek business partnerships in an effort to No cost to City. Elderly, disabled or Partnerships obtain building materials, paint, or other resources needed to assist No cost to neighbors. cannot afford to hire the with home improvement projects. work to be done. 2 What assistance programs are available? Board of • The Board of Realtors has offered to help find volunteers to No cost to the City. Elderly, disabled or Realtors assist people in need with property maintenance issues. No cost to neighbors. cannot afford to hire the Contact person . The City will assist by helping to identify people in need of their work to be done. —Kevin help and to facilitate the connection. Westhuis, 223- 0700 Group Repairing homes Restoring communities Mending lives $19,000 minimum from Provide work for elderly, Workcamps . Pairs teenagers and adult sponsors with communities to make the City to help pay for low-income, and disabled Foundation home repairs for elderly, low-income, and disabled residents. materials. residents. (GWF) . Provide work such as porch and step repair, wheelchair ramp Funding partnership Contact person construction, interior and exterior paint, weatherization, light between GWF and the —Bob Turley, carpentry, ad siding repair. City. 669-3836 ext. • Already have workcamps in Loveland and Longmont. 4241 Habitat for • Habitat would be interested in knowing when a property is No cost to the City. Would handle each Humanity vacant and/or boarded up or in such a dire state of repair that the No cost to neighbors. purchase on a case-by- Contact person house would need to be removed and/or have extensive case basis. —Candace remodeling. Mayo, 488- . They can acquire severely deteriorated properties and do rehab 2602 and sell it to a first-time home buyer. • Their mission is not only to create new housing but to preserve existing low-cost housing. Other possible volunteers: United Way, Jaycees, Volunteers of America, InterFaith,Northern Colorado Homebuilder's Association, etc. 3 < y Planning, Development and Transportation Services ,w ',,fi Planning& Zoning City of Fort Collins July 16, 2007 Felix Lee Neighborhood & Building Services Director RE: Recommendation to City Council to Adopt the 20061nternational Property Maintenance Code (IPMC)with local amendments that update the City Code regulating building conditions and rental housing standards. Thank you for the presentation to the Planning &Zoning Board at their work session on July 13, 2007 related to the 20061nternational Property Maintenance Code (IPMC)with local amendments that update the City Code regulating building conditions and rental housing standards. Because minutes are not taken at the Board work sessions, I wanted to let you know the Board appreciated the presentation and recommends its adoption by City Council. Cameron Gloss Current Planning Director cc: Mike Gebo, Building Codes Manager Beth Sowder, Neighborhood Manager 281 North College Avenue—P.O. Box 580—Fort Collins, CO 80522-0580—(970)221-6750—FAX(970)224-6134 CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD w MEETING MINUTES 281 N. College Ave. Fort Collins,Colorado ` September 6,2007 �l Denise Rogers, Chair Ken Waido, Staff Liaison, 970-221-6753 City Council Liaison: Lisa Poppaw Board Members Present: Denise Rogers, Jon Fairchild, Dan Byers, Pete Tippett, Robert Sullivan, Marie Edwards, and Ben Blonder. Board Members Absent: Ashley Monahan Advance Planning Staff Present: Ken Waido Council Members Present: None Board Chair Denise Rogers called the meeting to order with a quorum present at 4:00 p.m. Welcome New Board Members Marie Edwards and Ben Blonder were recently appointed by the City Council to fill vacancies on the Board. Open Public Discussion Maryln Keller from the League of Women Voters reminded the Boarc of the bus tour of Loveland's affordable housing projects to be held on September 17 from 8 AM until Noon. Approval of the Minutes of the July 12, 2007 Meeting Robert Sullivan moved that the minutes of the July 12, 2007,meeting be approved. Dan Byers seconded the motion. The motion passed unanimously 7-0. Proposed Property Maintenance Codes Felix Lee, Neighborhood &Building Services Director, Beth Sowder,Neighborhood Administrator, and Mike Gebo, Building Codes Services Manager from the Neighborhoods & Building Services Department attended the meeting and made presentations and answered questions on proposed ordinances to deal with Dangerous Buildings,Property Maintenance, and Rental Housing Standards. Staff presentation: Exterior Property Maintenance Focuses on exterior property maintenance related to: Dirt/dead yards Dilapidated fences Excessive chipping/peeling paint Deteriorated roofs and/or gutters These items are not regulated by current codes Recommendations Property Maintenance Codes would: • address &prevent neglected properties from deteriorating and affecting entire neighborhoods • be in the Nuisance Section(Sec. 20) of the Municipal Code • Apply to all properties within the city limits Current Concerns No tools currently exist to address these exterior property maintenance issues which could: • Be detrimental to the well-being of neighborhoods • Increase spread of neglect • Cause further deterioration • Ultimately result in dangerous premises Need for Assistance • Staff and Stakeholders agreed regarding the need for assistance programs • Help those who cannot afford to make the repairs necessary to comply with the codes LaHIP • Larimer Home Improvement Program(LaHIP) offers assistance to those in need for some of the proposed codes. • Low or no interest loans or grants to qualified people. • LaHIP does not apply to dirt yards or deteriorated fences and only applies to owner-occupied homes Other people and agencies can fill this gap. The Board of Realtors are already working in conjunction with a church to help people in need. The Group Workcamps Foundation Staff will work to help resource supplies and volunteers. Recommended Timeline Year-long educational promotion in 2008 for adopted new codes prior to enforcement &identify: • where violations exist • who needs financial assistance • give people time to plan for improvements • to figure out if the City needs to increase funding of LaHIP or other assistance programs in 2009. Begin regular enforcement in 2009 Council History and Next Steps Council Work Sessions — September 12, 2006 — August 14,2007 — Next Work Session scheduled for: January 22, 2008 Board Questions and Discussion: Jon Fairchild asked if the entire property would have to meet the standards or only what is visible from the street. If alleys were included this would be a big deal. Jon stated that several properties in his neighborhood would probably be identified as problems but property values are rising in the neighborhood. A: Just what is visible from the street. Jon asked if old garages are included. A: Just primary residences. Robert Sullivan asked if the LaHIP program is just for owner occupied houses. If rental units need improvements those improvement costs would be passed on to the renters. Dan Byers asked about the penalties. A: Penalties are not specific at this time. Likely will be a civil infraction. Notice will be given with a time to comply. A graduated penalty fee of$100, $300, to $500 would follow, then criminal action could follow that. CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD DRAFT MEETING MINUTES 281 N. College Ave. Fort Collins, Colorado June 5,2008 Denise Rogers Rogers, Chair Ken Waido, Staff Liaison, 970-221-6753 City Council Liaison: Lisa Poppaw Board Members Present: Ben Blonder, Robert Sullivan, Pete Tippett, and Ashley Monahan. Board Members Absent: Denise Rogers, Dan Byers, and Marie Edwards Edwards. Advance Planning Department Staff Present: Ken Waido and Kara Smith. Council Members Present: None. Board Vice-Chair Ben Blonder called the meeting to order at 4:06 PM. New Business Exterior Property Maintenance, Rental Housing, and Building Conditions Codes Beth Sowder and Mike Gebo give a presentation on exterior property maintenance, building conditions, and rental housing codes. Mr. Blonder expressed concerns about how to enforce the basement egress window rules. He foresees some problems with people paying up to $4,000 to put a window in. Ms. Woodman wondered about where people go when the City declares a property not fit to be occupied and they have to leave. Mr. Gebo explained that the police and child welfare get involved if needed. Staff reminded the Board that in the past, the Board has supported the health and safety components of these codes. What the Exterior Property Maintenance Code has boiled down to now, are the dirt yards and the fences. Mr. Gebo reminded the Board that there are actually three topics: 0 1) Dirt and Dead yards 0 2) Building Conditions 0 3) Rental Properties Ms. Woodman asked what happen if an owner that is living in an unfit place and cannot afford to make it livable again? Mr. Gebo answered that he would try and help the person get the assistance they need. If it gets to a certain point, the City can condemn the property. If it is owner occupied and they are income qualified, they can get help from the Larimer Home Improvement Program (LHIP) which has loans with between 0-5% interest, depending on income. Mr. Gebo explained that it currently takes a City Council action to declare properties dangerous. Building Services does and can declare a building dangerous without Council action. In an emergency event such as the flood or a tornado, where the City needs to "take control" over properties that have been damaged beyond repair, for removal and disposal of large areas of debris, staff currently would need to seek Council approval. The new proposal would allow Building Services to cause the dangerous conditions to be removed without going to Council for approval to remove the condition. Mr. Tippett indicated that he has a problem with the dirt yards part of the ordinance. Ms. Monahan and Mr. Blonder agreed. Mr. Tippett stated that property owners are more likely to be receptive to fixing yards, but that tenants aren't going to do anything about it. As a consequence, if the landlord has to fix it then he will raise the rent. For the most part, it is an aesthetic issue. Mr. Gebo reminded the Board that this is not an all or nothing approval. The Board can pick and choose which parts of the codes they can support. Mr. Sullivan thinks the main issue with the dirt yards is that it is an ongoing issue. With a window, you replace it and it is over. Unless you have tenants who are maintaining the gravel and pulling the weeds—you will still have a problem. Mr. Blonder reiterated that in his opinion it is an aesthetic issue. Mr. Sullivan believes that forcing people to maintain yards will negatively affect affordable housing. Mr. Blonder pointed out that there aren't that many yards in Fort Collins that are dirt/dead and doesn't believe that it is going to get any worse if the City doesn't pass the yard part of the ordinance. Mr. Blonder agrees with the fence component of the code. Ms. Monahan stated agreement with"no" on the yards and "yes"on fences. Mr. Tippett made a motion that the Board supports all of the health and safety components of the building conditions, rental housing standards, and fencing from the property maintenance code. The Board does not support the dirt/dead grass portion of the code. Mr. Sullivan seconded the motion. Vote was 4-0 in favor of the motion. Karla Smith - 7.26,07.minutes.appvd.pdf Page 2 BHB Juty2o,2007 Pg 2 Lce noted that the appellant has the opportunity to perform a ronovation in the existing of a commercial building and that the work involved wine structural modifications which f outside of the scope of his Human Loss stated that according to the appe inuem inform.ec planned to work under the specific directives and obserwtims of Richard S. licensed structural engineer and the project engineer for this job. Lee mentioned Wet the appellant had done several job within the City of Fort Ilios that bave been completed without vicadook bnludiog commercial alteration and rot oleo. Lee directed the Board to additloual projad experience that tad been rated in the 's information. The Board heard testimony firm the Well=%Byron McGough. closing statamants,the Board downed We urfmindioo dot was presented Own made a oration to deny the appellant's request. There no aecond and,thereforq We motion died Carr made a motlm to approve the ' requested provided dud daily myiu supervision be provided by the appellant. ith accorded the motion Vote: Yen; Caa,Packard,Little,Sicilia,Cram,and Neys: Oust 4. Tbn Knee,dlb/a Gekko Building Servi Lee introduced this appeal. He appellant had applied for an HVAC license and supervises certificas and anted than bad been submitted with tb exception of four of the required project verification required by ordinance, Lco explained that the appellant had noted in hies information was enable to obtain the information requited since his records were on records while in storage,as well as due to We fact that his business contact,was m er around Lee added that the appellant passed the City's HVAC acorn on Jul 1,2004, ' a 94%and then directed the Board to the resume of appeWm'a =Palo=.togdber his proof of licensing in otherjurisdictiooa,that was included in the Board's packet. The Board testimony from the sppellaui,Tim Knee. After closing statement,,the Bond dieawed oenstion that had been presented little s motion to approve the HVAC Haense and supervisor ccnifm tc requested with the pro ' that the appellant pan the current HVAC exam prior to any permit activity,and that he the requirement of tom mom cmrplated projects(2 ofwhich must be new construction) the next six months. Carr wcondd the motion.. ore: Year: Can,Little,Sicilia,and Smith Nays: Paclwd,Cram and Cost 5. Exterior Property Maudwanceil)- sous BuildiaWltantsl Howirtg Code Presentsuooe: Beth Sowda,Neighborhood Services Manager,gave a brief presented=m exterior property asen maintenance codes. Mils Geha, Building Code & huryections Administrator, gave a brief presentation on dangemm building and turfed boom codes. Karla Smith -726.O7.minutes.appvd.pdf Page 3 B"July 26,2007 P&3 There was discussion on the information that was,presented, suggestion offered, etc. Board members wore apprmiatiw of the inkatuation that was sh■rad. 6. Other Business Bond Member Out requested that Felix review the Board's directive In the City Code. Felix reviewed Section 2.117 in the Cily Code,outlining the Board's f tactiom Bard Mecdw Fitt lard seine concern that the Bend has become too lax M providing Ncouse■m individuals who don't why meet the regtlhmtmts of the Bemeing Be was wncemed that the Based is not providing good service to the City and the 'ty by doing this. There was soon agreement from other Board MemI s that ous■ro too IBwel and that having a discussion ratted m fhla■object would lb des It was mentioned that it L not so much the Board' m deny a hoense,but to cower that these who era given one are a pod was concern that time needs m he some balance so that tine Is support fir the want m opportunity m work hero. It war mentioned that other am finding ways m got help experiarrce neoeseery m get a license. There was go that the City is not hero m help people Ism,but m make sure Wet we haw contractors waling In oar City. Urse m , d was sttggesfed that fie Bond have further di■cueeion on this item at a tuhm Meeting edjanned at 4:27 paw Felix I.ee,Neighborhood 3 Building Services Mike Smilie,Board Chair Director Minutes to be approved by the Board at the May 29, 2008 Meeting FORT COLLINS BUILDING REVIEW BOARD Regular Meeting—April 24, 2008 1:00 P.M. Chairperson: Michael Smilie hone: 226-4260(H) ouncil Liaison: Kelly Ohlson Staff Liaison: Felix Lee (221-6760) A regular meeting of the Building Review Board was held on Thursday, April 24, 2008 in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. BOARDMEMBERSPRESENT: David Carr Jim Packard Alan Cram Michael Smilie George Smith Jeff Schneider BOARDMEMBERS ABSENT: Mike Gust STAFF MEMBERS PRESENT: Delynn Coldiron, Customer& Admin Services Manager Felix Lee, Neighborhood and Building Services Director AGENDA: 1. ROLLCALL The meeting was called to order and rollcall was taken. 2. APPROVAL OF MINUTES: Packard made a motion to approve the minutes from March 27, 2008. Carr seconded the motion. Yeas: Carr, Packard, Cram, Smilie, Smith, Schneider Nays: 3. Proposed Rental Housing, Building Condition and Exterior Property Maintenance Codes— Beth Sowder and Mike Gebo Beth Sowder addressed the Board and provided information on the Exterior Property Maintenance Codes. Her presentation is summarized as follows: The property maintenance standards discussion emerged in 2005 following revisions to the Occupancy Ordinance and other quality of life codes. To date. there have been four council work sessions on this topic. BRB March 24,2008 Pg.2 Staff has used the International Property Maintenance Code (IPMC), as well as research of property maintenance codes implemented by other communities throughout Colorado and the Country, as the primary resources for creating the code language being proposed. According to the International Code Council, 654 jurisdictions nationwide have adopted the IPMC with local amendments. 35 of those are Colorado jurisdictions. On March 11, 2008, Council directed staff to remove chipping/peeling paint and deteriorated roofs/gutters from the Exterior Property Maintenance Codes. These items will now be included in the new Building Conditions Code only when they present safety and/or structural issues. Yards, where a significant amount of area is not covered with grass, would require ground covering plants or other landscape materials such as; mulch, decorative gravel stone, paving blocks, etc. The current recommendation is that no less than 80% of any yard area, excluding sidewalks and driveways, shall be covered with grass, ground cover plants or other landscaping material, such as mulch, decorative gravel, stone or paving bricks. This is due to the fact that existing City code allows ornamental grasses to cover up to 20% of the yard. At Council discretion, additional discussion about the percentage may occur at the next Council meeting on May 20, 2008 (changed to July 15, 2008). The IPMC would also regulate fences when they are leaning significantly, are broken, loose, damaged, or have removed or missing parts. Replacement or repairs of the fence will require that compatible materials be used. Another top concern for staff and Council is the assistance programs that are available to help citizens with these kinds of situations. The intent is not to create hardships, but rather to maintain a high level of neighborhood quality in Fort Collins. The common concern among all involved is to provide assistance to those in need. Some of the assistance programs staff'have identified are: • LaHIP —Larimer Home Improvement Program • Habitat for Humanity • Adopt-A-Neighbor & Fall Clean-up • CSUnity • Board of Realtors projects • Volunteer agencies (Jaycees, Volunteers of America, Interfaith Council, Homebuilder's Association, CSU Student Leadership and Civic Engagement Office) Ideas for new programs include the Paint-A-Thon and other business partnerships. The Exterior Property Maintenance Code, along with the Building Conditions Code and Rental Housing Code, are scheduled to go before Council on May 20. 2008. Mike Gebo next addressed the Board. His presentation is summarized as follows: The Dangerous Building Code has been renamed the Building Conditions Code. It is applicable to all existing residential and nonresidential buildings. It includes all buildings ranging from substandard, to unsuitable for occupancy, to dangerous. BRB March 24,2008 P& 3 The purpose of the Building Conditions Code is to protect, promote and enhance the physical and economical health, safety, welfare and sustainability of our community with respect to existing buildings (occupied or vacant), equipment and premises. Some of the proposed changes to improve the current code are: • To clarify that requirements are applicable to all buildings and structures: • Establish a step-by-step approach to determine the type of unsafe building: • Prescribe specific corrective actions; and • Provide a clear distinction between aesthetic/appearance and substandard, unsuitable for occupancy, and dangerous. As part of this change, staff is recommending a vacant building notification program. A vacant building is defined as a premises that is vacant or abandoned for more than 180 days or that has been illegally entered. Under this program, properties would be required to be registered at one-year intervals; contact information provided, and the owner would be required to continuously monitor the building and keep it secured from illegal entry. The three levels of housing condition hazards are: Substandard Conditions: If neglected, could endanger the life, health and safety of the occupants or public and includes: broken or missing steps; a leaking roof; sagging gutters, porches, awnings; or an abandoned building with live electric. Unsuitable for Occupancy: Includes items such as a lack of adequate exits; non-operable heating equipment; vermin infestation; inoperable sewage disposal system; excessive mold/mildew; and deteriorating foundation. Dangerous: Includes items such as the presence of explosives; actual or probable structural collapse; leaking gas appliances; or arcing electrical service to the building. This is defined as imminent danger in the Building Code. The Rental Housing Standards are regulations that prescribe minimum standards for basic living conditions in rental housing. The minimum standards include: shelter, safe exits, heating, sanitation, and bathroom facilities, lighting and ventilation. This is a comprehensive update to the City's complaint-based and first local Rental Housing Standards that were adopted in 1982. The purpose is to enhance the health and safety of residents and improve consistency and equity in the administration of the regulations. The proposed revisions apply to all rental housing, including single- and multi-family dwellings, hotels and rooming houses. The proposed revisions do not require existing rental housing to retroactively comply with current City Building Codes, except in instances where there are new additions or major renovations. BRB March 24.2008 N. 4 Some of the significant revisions include: • Basement bedrooms would be required to have compliant emergency escape/rescue egress windows • Permanent heating to maintain 68' F • A minimum of two electrical outlets in every room • Bathroom ventilation to the outside to prevent mold • Smoke alarms in all bedrooms and in hallways • Carbon monoxide alarms where gas appliances exist • Insect screens available for use from May I — Nov 1 • Security locks on exterior windows and doors The Rental Housing and Building Conditions Codes are proposed to go before Council on May 20, 2008. Staff intends to do educational promotion regarding yards and fences throughout 2008 with regular enforcement to commence in January, 2009. Property Conditions & Rental Housing is scheduled for adoption in the summer of 2008 with implementation occurring at the time of adoption. The Board discussed the items that were presented. There was some concern expressed over the requirement of property contacts and screens and the fact that there are already codes on the books to address nuisance issues, as well as abandoned and illegally entered properties. Generally, they did not feel that they had enough specific information regarding the Rental Housing, Building Conditions and Exterior Property Maintenance Codes to make a recommendation. Smilie proposed that until there was more specific information provided regarding the Rental Housing, Building Conditions and Exterior Property Maintenance Codes that the Board table taking action on these items. Cram made a motion to request that City Council postpone the May 20, 2008 hearing on these items until the Board had a chance to see and study the specific code language for the Rental Housing, Building Conditions and Exterior Maintenance Codes that were presented. Carr seconded the motion. Vote: Yeas: Carr. Cram, Smilie, Schneider Nays: Packard, Smith 4. Proposed Energy Code updat ike Gebo Mike Gebo preseutponformation on energy code updates. His presentation is iarized as follows: The L ational Energy Conservation Code, as written, allow use of both the IECC and the 2 ASHRAE for all multi-family dwellings below e stories. It references the 2004 Exterior- Premises Nuisance Codes Fort Collins City Council Regular Meeting July 15 , 2008 Jeff Scheick- Planning , Development and Transportation Director Why are we here ? � Seeking approval for proposed Amendments to Chapter 20 of the Code of the City adding provisions regulating : — Dead or Dirt Yards — Dilapidated Fences Financial Impact ] i No increased cost to the City , 11 Expenses to property owners to correct violations or bring property into compliance . 3 Work Session Highlights I March 117 2008 Council directions : — Relocate code violations for peeling paint & deteriorated roofs/gutters . — Apply to all properties within Fort Collins . — Apply to violations visible from all public ROW and ground level of neighboring properties . — Emphasize assistance before using enforcement . — Reasonable amount of time for correction . — Detailed assistance programs information . 4 Background 1 In 2005 , discussions began as a result of the improvements made to the Occupancy Ordinance and other nuisance codes : . Increased complaints regarding physical deterioration of neighborhoods . . Staff began review City ' s codes for "dangerous buildings " , rental housing and exterior- premises maintenance . 5 Dead or Dirt Yards J Proposed Code states : [ No less than 80 % of yards , excluding driveways and sidewalks , must be covered with grass , ground covering or other landscape material ( mulch , decorative gravel , stone , paving blocks , etc . ) . 6 / 7 r AAA i . 0E.Af i - AAA- V ' r . " a C. 4 Dilapidated Fences i Proposed Code states : — Fences must be maintained so that they are structurally sound and in good repair — no broken or missing parts . — Repairs must be made with compatible materials of comparable composition , color , size , shape and quality . AWT. 4T 7MW*jO- ; C 4 . i r 1 . Y ' •suw - r rS � '_ _ tow r _Mktv or 4 MCA` re ) 54 • . T .. rat' i So { Assistance Programs i Larimer County Home Improvement Program Loans available to low-income , owner-occupied . Current program covers projects such as roof replacement or repair, new siding , exterior paint , some fence repairs or replacement . x Could expand to include yards and fences . [ Additional funding necessary to expand . 12 Assistance Programs Con ' t . Volunteer- based programs : — Neighborhood Services and CSU — Adopt-A- Neighbor — Fall Clean - up — CSUnity r Other Agencies and Resources : — United Way — Volunteers of America — Habitat for Humanity — Resource 13 Boards and Commissions J Planning and Zoning Board , (supported) J Affordable Housing Board , (support fences, not dirt/dead yards) 14 Public Outreach I Open Public Meetings i N . Ft Collins Business Newspaper columns Association Affordable Housing Associated Students Coalition of CSU Colorado Apartment Ft Collins Board of Association Realtors r Stakeholders Center of Public Meetings Deliberation Capstone Discussion 15 Next Steps If Adopted i Educational promotion throughout the remaining 2008 1 Implementation January 1 , 2009 . 16 Questions ? 17 ORDINANCE NO . 088, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING REGULATIONS PERTAINING SPECIFICALLY TO DIRT YARDS AND DILAPIDATED FENCES WHEREAS , the City Council has observed a growing problem in the City regarding the quality and appearance of neighborhoods due to the presence of physically neglected properties; and WHEREAS , the neglect of individual properties can accelerate the deterioration of entire neighborhoods ; and WHEREAS , in particular, City staff has received various complaints from neighbors and other citizens regarding the unsightliness and hazards of dilapidated fences and dirt yards in residential neighborhoods, and such conditions present a disorderly and unappealing appearance to the neighborhood; and WHEREAS , the City Council has determined that such conditions constitute a general public nuisance and should be prohibited under the nuisance provisions contained in Chapter 20 of the City Code; and WHEREAS , the City Council has therefore determined that it is in the best interest of the health, safety and welfare of the City that the Code of the City be amended to establish minimum requirements for exterior property maintenance as it relates to private property which is visible from any public right-of-way (including alleys) or from the ground level of adjacent properties . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 20 of the Code of the City is hereby amended by the addition of a new Article III which reads in its entirety as follows : ARTICLE III. EXTERIOR PROPERTY MAINTENANCE Sec. 20-30. Nuisance declared and prohibited. No owner or occupant of any real property within the City shall permit the maintenance or existence on such property of dirt yards or dilapidated fences or walls as said conditions are more particularly addressed and regulated by the provisions of this Article and such conditions are hereby declared to be a nuisance and a menace to the public welfare. This declaration of nuisance and prohibition shall apply only to locations that are visible from the public streets, sidewalks, pathways and other rights-of-way within the City and/or from the ground level of adjacent properties . Sec. 20-31 . Yard maintenance. No less than eighty (80) percent of any yard area, excluding sidewalks and driveways, shall be covered with grass, ground cover plants or other landscaping material, such as mulch, decorative gravel, stone or paving bricks . Ground cover consisting of crushed rock, gravel, or similar materials shall be one quarter ( 1 /4) inch or larger in size and shall be maintained at a depth that is sufficient to cover all exposed areas of dirt. Sec. 20-32 . Fence and wall maintenance. All fences and walls shall be structurally sound and maintained in good repair so that there are no broken, loose, damaged, removed or missing parts (i. e. , pickets, slats, posts, wood rails, bricks, panels) . Repair of fences and walls shall be made with materials that are comparable in composition, color, size, shape, design and quality to the fence or wall being repaired. Sec. 20-33 . Abatement. The owner of any private property on which a nuisance condition occurs is responsible for abating the nuisance. The owner' s failure or refusal to abate a nuisance is a civil infraction. A separate offense shall be deemed committed on each day that a violation occurs or continues . The payment of any penalty does not relieve the offender from compliance with the requirements of this Article. Sec. 20-34. Violations and penalties. Any person who violates any provision of this Article commits a civil infraction and is subject to the penalty provisions of § 1 - 15 . Introduced, considered favorably on first reading, and ordered published this 15th day of July, A.D. 2008 , and to be presented for final passage on the 19th day of August, A.D . 2008 . Mayor ATTEST : City Clerk -2- Passed and adopted on final reading on the 19th day of August, A.D . 2008 , Mayor ATTEST : City Clerk -3 -