Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - SECOND READING OF ORDINANCE NO. 088, 2008, AMENDIN ITEM NUMBER: 36 AGENDA ITEM SUMMARY DATE: August 19, 2008 FORT COLLINS CITY COUNCIL STAFF: Felix Lee Beth Sowder SUBJECT Second 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 this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading by a vote of 5-2 (nays: Brown, Troxell), 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. The Ordinance has been amended on Second Reading so that it applies only when violations are visible from the public street and/or sidewalk(not from the alley or a neighboring property). Staff will also continue to work on the most efficient and cost-effective way to administer a grant program for low-income, owner-occupied properties. Amy Irwin, Larimer Home Improvement Program(LHIP)coordinator,has stated they would be willing to administer this program as another section of the current LHIP program. They already have a system in place for income verification that will work well for this program. Administrative dollars will be required to do this,but the costs would be low since it will be in collaboration with Neighborhood Services. Neighborhood Services will be responsible for informing the homeowner about the violation and how to contact LHIP for assistance. LHIP would verify income,provide a list of contractors to use for the work and process payment to the contractor. Neighborhood Services would follow-up with re-inspections to verify compliance. If Neighborhood Services administered this program, rather than collaborating with LHIP,resources would be needed for program start-up(staffing,forms,income qualification formula and process, etc.) At Council direction, staff is exploring the implications of changing the name of the Nuisance Chapter of the City Code. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- July 15, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 27 AGENDA ITEM SUMMARY DATE: July 15, 2008 FORT COLLINS C�f�O I STAFF: Felix Lee ' Beth Sowder f Y ,w 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 th odes arUticito tc be cov ed by the current operating budget for the Neighborhood and Buil 06 ent (N 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 oneg, ice d tizens, c munity interest groups and City Council about the physical condi li'of bm gs,..e 1 stan s,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 July 15, 2008 -2- Item No. 27 City Council Work Sessions have occurred: September 2006, August 2007, February 2008 and March 2008. In response,staff proposes to Veres.r o ' t t o e Municipal Code dealing with dirt yards and dilapidated fenis fo 1 io ion d ible from public right-of-way or ground level of neighboring p 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 properti injtya� in = C. Enforce the proposed es fro 11c g is-of- y and ground level of neighboring properties (included in t ordina );F 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 mitigatingfactors. 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 nd aljep m de with compatible materials of comparable compositi , colo , ze, se n ua Exterior-Premises Nuisance isions Ei._. 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 July 15, 2008 -3- Item No. 27 (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 amount of time for compliance and extensions will be granted for mitigating circumstances such as weather, working with assistanc re , The proposed Exterior-Premis Nuisl � an prow io are suarized 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 an gity fe to�ich the repair is being made. Assistance Programs Availa (Sea a(chm t of detail 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 Larimer 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 improvem t"M .ec ud r h Hoof replacement or repair,new siding, exterior,Cint�, fenc e 'r rr ement, etc. The applications i si and 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. July 15, 2008 -4- Item No. 27 • 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. • Amount availabif for to fluct to fa ye ending upon how much collected from current to s (aver 121 er yeaz 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 ro t vomleer 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 CWn�ed' 0op1wo ye 'Y 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 July 15, 2008 -5- Item No. 27 Public meetings, presentations and outreach • Open Public Meetings—January 25, 2007; February 1, 2007; July 24, 2007 • Small stakeholder meetings—March—May 2007 • Newspaper col er 00 d 2008 • North Fort Col s Busi s Ass i o res ion— September 26, 2007 • Affordable Ho ng Co 'on p se ation— ober 17, 2007 • Associated Stude Co o S Unive —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 avCTC f fb eYtbe 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. 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 street or sidewalk. 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, or sidewalks, 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 Passed and adopted on final reading on the 19th day of August, A.D . 2008 , Mayor ATTEST : City Clerk