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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/12/2006 - MINIMUM PROPERTY AND BUILDING MAINTENANCE STANDARD DATE: September 12, 2006 WORK SESSION ITEM STAFF: Felix Lee FORT COLLINS CITY COUNCIL Beth Sowder Teresa Ablao SUBJECT FOR DISCUSSION Minimum Property and Building Maintenance Standards. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED This discussion focuses on options related to continued development and implementation of entirely new comprehensive property and building maintenance standards that may or may not be applicable to all properties in the City. Staff seeks direction and answers from Council in response to the following questions: 1. Does Council wish to further consider comprehensive property and building maintenance standards along the lines of those described in the outlined suggested revisions to the City Code? 2. If Council does want to further consider comprehensive property and building maintenance standards, staff seeks Council responses to the following: a. Does the outline provide the community with what Council has in mind relative to Council's stated goal of"hnproving Neighborhood Quality"? b. Does Council agree with the revised proposed timeline for bringing the item forward in the form of an ordinance and formal action with a phased-in grace period? 3. If Council does not wish to further consider comprehensive property and building maintenance standards, are there any particular changes or revisions to current minimum requirements for"moved-in"and relocated buildings,rental housing,and any other existing buildings and properties that Council desires to pursue at this time? BACKGROUND This work session is intended to serve as a starting point for this important public endeavor in order to provide the entire community an opportunity to participate in determining the look and feel of neighborhoods, not only in the present but for the future, as well. In an effort not to presuppose particular outcomes,staff intentionally has not begun extensive public outreach,awaiting Council's guidance and further direction. A brief overview of possible significant impacts of the property and building maintenance standards was published in the Coloradoan "Neighborhood" weekly feature page and is the extent of public involvement at this time. September 12, 2006 page 2 Councilmembers asked staff to bring forward updated property and building maintenance standards for Council's consideration this year. Neighborhood & Building Services (NBS) took the lead in collaboration with the City Attorney's Office, Engineering, Utilities, and to develop an outline of suggested revisions to the City Code, collectively dubbed "Property and Building Maintenance Standards (PBMS)". The PBMS proposes to update and replace current regulations for: 1. Moved-in and relocated buildings 2. dangerous, unsafe and blighted buildings 3. rental housing 4. establishing new criteria and maintenance standards applicable to all buildings and properties. The PBMS is a synthesis of existing City Code sections, innovative provisions from several cities around the country,as well as`boiler-plate'language extracted out of the latest national model codes that the City adopt and has used for fifty years. The ultimate purpose of the PBMS project is to give all citizens of Fort Collins a state-of-the-art regulatory tool to protect and enhance the long-term physical, social, and economic fabric of their homes, neighborhoods - their hometown - as one of the premier places in our country in which to live, work, educate, raise a family, recreate, and to participate. The PBMS is an operational component of the City of Fort Collins' vision for"creating a vibrant, world-class community." The PBMS does not regulate design, exterior colors, or replace existing homeowner's association (HOA) covenants that do not conflict with the minimum City codes. Suggested New Revisions include: • All Exterior Premises 1. Adequate grading and drainage to prevent erosion and stagnant water 2. Maintenance of landscaping, plantings and ground cover • All Building n'/Accesso Structure Exteriors 1. Protective treatment on all exterior surfaces 2. Maintenance of roofs • Maintenance of decorative features like misc. overhangs and projections; functional elements, accessory structures, and spas and pools • All Building Interiors 1. Maintained in sound and sanitary condition-interior surfaces,stairs, with guards and handrails meeting current building code 2. Toilet rooms and bathrooms require privacy with approved non- absorbent floor surface. 3. Elevators and escalators maintained in safe working condition 4. All fire/life-safety facilities and systems and means of egress maintained safe and sound operational condition in accordance with City Fire Code and City Building Codes. September 12, 2006 Page 3 • Moved-in and Relocated Buildings 1. Pre-move inspection expenses and hazardous materials assessment- abatement pre-paid by applicant. 2. Pre-move deposit of guaranteed funds of$1,000 minimum or 125% of estimated cost to complete building exterior, site grading and landscaping(if required)plus 10%admin.fee if not completed within 24 months and City contracts the work. 3. Pre-move"Right-of Entry" authorization by applicant allowing City to complete building exterior and site work. 4. A 180-day"temporary storage permit'allowed for a building stored in an approved commercial/industrial "Outdoor Storage Facility". • Rental Housing 1. Minimum Space and Dimensions. 2. Minimum Sanitary Facilities-e.g.,"Extra-occupancy Rental Houses" (4 or more rooming units)—one full bathroom for every 4 rooming units 3. Space heating facilities maintain room temperature of 68' F (now 60°F) in all habitable rooms, bathrooms and toilet rooms 4. Electrical in safe condition 5. Exits, stairs, safety and emergency - e.g., Emergency escape and rescue openings according to the code at time unit created or min. - 720 sq.in.whichever greater and no keys or tools to open;and smoke alarms required in all rental units • Unsafe and Blighted Buildings and Premises 1. Building, structure or equipment is unsafe, unfit for occupancy, unlawful or in blighted state 2. emergency measures for immediate response 3. "Vacant Building Maintenance Plan" needed when vacant longer than 180 days 4. demolition and removal 5. extensive list of blighted conditions Costs Involved 1. Administrative costs are unknown and have not been accounted for in the current BFO offers. Some costs will likely be covered by payment of fines,relative to the number of civil citations issued and cases set for hearing. NBS will absorb the increase in administrative demands using existing staff and resources until enough data is collected to analyze the need for increased staff and resources. 2. A Hearing Officer is necessary for the civil citation process. Budgeting for Outcomes(BFO) offer #230, "Innovative Neighborhood Code Enforcement', included hiring a Hearing Officer for approximately 10 hours per month to hear cases related to civil infractions, including possible PBMS violations. These costs are already accounted for and will be continued in future BFO offers as the need continues. September 12, 2006 Page 4 Outreach 1. Public Awareness Anticipating specific guidance and direction from Council, staff has had limited public outreach with recent articles in the Coloradoan"Neighborhood"page that highlighted some of the important potential changes and new provisions contained in the outline. With further direction from Council,staff will pursue more intensive public involvement efforts to obtain a sense for the level of public support through the various media, including: newspaper columns, "City News"articles,the"Neighborhood Newsletter",the City website,Colorado Apartment Association announcements, the local real estate, property management and construction industry organizations, neighborhood associations, etc. 2. Citizen-Staff Review Team Staff recommends recruiting citizens from diverse perspectives, e.g., a property manager, a neighborhood representative, a renter, a CSU representative, a representative from the Board Of Realtors, business owners, etc. together with appropriate staff to form a citizen- staff review team to review a draft ordinance and recommend what would constitute violations. 3. Expanded NBS Volunteer Programs Additionally,in order to implement a successful property/building maintenance code for the city of Fort Collins, compliance must be addressed for those in the community with greatest need and the least resources, including citizens with different abilities. NBS will strive to counterbalance these concerns in the context of compulsory compliance by expanding current NBS services and programs, promoting community awareness and participation through volunteers and in-kind resources in the form of labor,materials and financial support for both one-time and ongoing maintenance requirements. SUGGESTED NEXT STEPS September 2006—January 2007 • Form citizen-staff review committee and complete review process of draft ordinance. • Photo inventory of possible violations. • Develop expanded NBS volunteer programs. January 2007—April 2007 • Finalize draft ordinance, compile photo inventory and report for April 2007 work session. May 2007—June 2007 • First and Second Reading to include a phased-in grace period in order to facilitate pre- emptive compliance September 12, 2006 Page 5 January 2008 • PBMS ordinance goes into effect ATTACHMENTS 1. Comparison table of suggested amendments versus current City Code. 2. Power Point presentation. F New Pro e & Buildin Maintenance Stds v. Existin Ci Code New PMBS Existin Ci Code ns & Penalties. Nearly all penalties are ivil infractions, except criminal violations All Criminal Misdemeanors ats to life-safety such as for occupying, failure to repair or demolish a placarded condemned unsafe building, or defacing or removing condemnation placard. 2. Definitions. Several new definitions including: "Abandoned, Exposed excavations", Blighted or /Blighting", Not Addressed (N/A) "Condemn", etc. 3. All Exterior premises. (a) Adequate grading and drainage to prevent erosion and stagnant water. N/A (b) Landscaping, plantings and ground cover. N/A i)Free from visual "blighting" conditions including significant areas of land r g o yards consisting mostly of uncovered or exposed earth, substantially dead or damaged vegetation or characterized by uncontrolled growth or lack of maintenance ii) Free from noxious weeds, and plants, other than Consistent with current City Code cultivated shrubs, flowers, trees, vegetables, and similar ornamental or food plants in excess of 6 inches in residential occupancies and 12 inches in open fields. y H n x z H iii) All exposed ground covered to prevent wind and water erosion of the top-soil Ground cover equal to N/A crushed rock or gravel 1/4-inch or larger covering all areas of exposed earth. Uncultivated shrubs or growth higher than 12 inches; dead trees, bushes, shrubs, stumps, dead tree branches longer than 5 ft. within 8 ft. above ground must be removed. iv) New, individual and separate single- or two-family N/A dwelling requires permanent ground covering 12 months from the date of completion and receipt of a Certificate of Occupancy. [4. All Building /Accessory Structure Exteriors. ) Protective treatment. All exterior surfaces, including ding, doors, door and window frames, porches, trim, decks ust be maintained in sound condition. Non-decay- sistant exterior wood surfaces protected by paint or approved protective covering or treatment. All exterior N/A painted surfaces shall be maintained in sound condition. Painted surfaces that present a blighted or deteriorated appearance including excessive peeling, flaking, chipping, or cracking must be repainted. All siding and masonry joints and those between the building envelope and the perimeter of windows, doors, and skylights maintained weather resistant and water tight. (b) Roofs & drainage. Roof and flashing must be in sound condition, and weather-tight sufficient to prevent the entry water from natural precipitation. Roof drainage cannot create dampness or deterioration in the walls or interior Partially addressed in the current portion of the structure. Roof drains, gutters and "Rental Housing Standards" downspouts maintained structurally safe and in a non- blighted, sound functional condition and free from obstructions. 3 (c) Decorative features,• misc overhangs and projections functional elements appurtenances accessory structures and spas and pools The following non-inclusive list must be maintained structurally safe, adequately anchored and in non-blighted, sanitary, sound functional condition: stairways, decks, porches, balconies and exterior hatch covers and area ways; chimneys and towers; canopies, N/A marquees, signs, awnings, fire escapes; handrails and guards; windows, skylights and doors including glazing and screens; pools, ponds, and spas; garages, carports and sheds, fences and walls; and. Additionally, fences and exterior architectural walls must be made of appropriate materials for such purpose. No plywood, sheet metal roofing, fabric or plastic film, etc. 4 5. All Building Interiors. (a) Generally requires sound sanitary condition of interior N/A surfaces, stairs, with guards and handrails meeting current building code. (b) Toilet rooms and bathrooms require privacy with N/A approved non-absorbent floor surface. (c) Elevators and escalators must be maintained in safe N/A working condition. (d) All fire/life-safety facilities and systems and means of Partially addressed in egress maintained safe and sound operational condition in City Fire Code accordance with City Fire Code and City Building Codes. 6. Moved-in or Relocated Buildings. (a) Moving permit required by City to move building via public R.O.W. $25 permit plus $2,000 surety bond. Unchanged from current Responsibility for damage to public property ascribed to the City Code responsible party. (b) Building permit required for relocated buildings and building must conform to current City Building Codes, Unchanged from current including Cert. of Occupancy. City Code (c) Pre-move inspection fee, all travel expenses for inspector, and Hazmat assessment-abatement all pre-paid N/A by applicant. 5 (d) Pre-move deposit of guaranteed funds of $1,000 or 125% of estimated cost to complete building exterior, site grading and landscaping (if required) plus 10% admin. fee if not completed within 24 months and City contracts the N/A work. Pre-move "Right-of Entry" recorded authorization required of applicant allowing City or its contractor to complete building exterior and site work. (e) A 18o-day "temporary storage permit" may be authorized for a building stored in an approved "Outdoor N/A Storage Facility". 7. Rental Housing. (a) Minimum Space and Dimensions. i) 7 ft in any plan dimension — all habitable rooms except N/A kitchens and bathrooms. ii) 70 sq. ft. floor space for bedrooms. N/A iii) 220 sq. ft floor space for general use. N/A iv) 220 sq. ft. for efficiency (studio) unit excluding N/A enclosed bathroom. 6 iii) Minimum ceiling height 7 ft for habitable spaces, Current Building Code hallways, corridors, laundry areas, bathrooms, toilet More restrictive rooms and habitable basement areas, except for 6 - 1/2 ft. under beams. (b) Minimum Sanitary Facilities "Extra-occupancy Rental Houses" (4 or more rooming units) — one full bathroom for every 4 rooming units. N/A (c) Space Heating Space heating facilities maintain room temperature of 680 6o° Fahrenheit (200C) in all habitable rooms, bathrooms and toilet rooms. (d) Electrical. i) Min. two elec. outlets in every habitable space/room. N/A ii) "GFCI" in every bathroom and laundry area. N/A (e) Exits, Stairs. Safety, and Emergency. Unchanged from current i) Stairs — unchanged. City Code ii) Emergency escape and rescue openings according to 18-inches min. "openable dimension" the code at time unit created or min. — 720 sq. in. whichever greater and no keys or tools to open. iii) Smoke alarms required in all rental units. Only when emergency escape is in adjoining room. 8. Unsafe and Blighted Buildings and Premises. (a) Building, structure or eauinment is unsafe, unfit for human occupancy, unlawful, or in a blighted state, then condemned, declared a nuisance and must be abated. "Blighted" & 24-MO for C of O N/A Includes buildings with exterior not finished or with no Cert. of Occupancy within 24 months of original permit issued. Consistent with current Code (b) Emergency measures for immediate response to "imminent danger", including initiating disconnecting utilities and closing public R.O.W. (c) "Vacant Building Maintenance Plan". Requires N/A owner/agent to submit continuous maintenance and upkeep plan with specified conditions and recorded with County. Failure to comply can result in revocation of plan and abatement by repairs or removal. Vacant buildings that are boarded or secured for more than 18o days and no valid building permit or approved "Vacant Building Maintenance Plan' are declared "blighted" and nuisance to be abated by repairs or removal. Similar except, proposed revisions (d) Demolition and removal. much more expedient Building official may order or contract demolition and removal if owner fails to. s Minimum Property & Building Maintenance Standards (PBMS) City of Fort Collins City Council Work Session September 12, 2006 Felix Lee - Director Neighborhood & Building Services Beth Sowder - Neighborhood Services Manager Teresa Ablao, Assistant City Attorney Minimum Property & Building Maintenance Standards (PBMS) This discussion focuses on: • Development and implementation of new comprehensive property and building maintenance standards • A starting point for community-wide dialogue I � Direction Needed . . . Does Council wish to move forward with comprehensive property and building maintenance standards? 3 If so, ■Does the outline follow Council's goal of "Improving Neighborhood Quality'"? ■Are there specific concerns not addressed? ■Does Council agree with the revised proposed timeline? 6 2 If not, are there any revisions to current minimum requirements for and relocated buildings, rental housing, and any other existing buildings and properties that Council desires? 5 Background . . . • Council asked staff to develop updated property and building maintenance standards. • Neighborhood & Building Services (NBS) took lead with much help from the City Attorney's Office, Engineering, Utilities, and Forestry. 6 3 What is the PBMS? . . . Revises current City Code for: • moved-in and relocated buildings • dangerous buildings • rental housing standards Adds new criteria: • maintenance standards for all buildings and properties What the PBMS don't do: Do not regulate design, exterior colors, or replace existing homeowner association (HOA) covenants as long as these don't conflict with the minimum City Codes. 8 4 Suggested provisions cover . . . All Exterior oremises ■ Adequate grading and drainage to prevent erosion and stagnant water ■ Minimum maintenance of landscaping, plantings and ground cover B All Building/Structure Exteriors ■ Maintain protective treatment of all exterior surfaces ■ Maintain roofs & proper drainage ■ Maintain decorative & functional features: misc. projections, elements, etc.; and accessory structures, and spas and pools 10 5 All Building Interiors ■ Sound/sanitary condition ■ Bathrooms require privacy ■ Elevators and escalators in safe working condition ■ All fire/life-safety systems, stairs and egress maintained safe Moved-in and Relocated Buildinas ■ Pre-move inspection fee and inspection expenses pre-paid ■ Pre-move deposit to guarantee finish building exterior, site and landscaping ■ 180-day "temporary storage permit" ,2 6 Rental Housing ■ Minimum Space and Dimensions. ■ Minimum Sanitary Facilities ■ maintain room temperature 680 F ■ Electrical in safe condition ■ Escape/rescue openings — 5 sq. ft. ■ Smoke alarms in all rental units 13 Unsafe, Blighted Buildings & Premises ■ Abated by repairs, or demolition ■ City may use emergency measures for immediate response ■ "Vacant Building Maintenance Plan" — buildings vacant beyond 180 days 14 Costs Involved: ■Administrative costs - Some covered by fines from civil citations ■Hearing Officer —funded by BFO offer 32 Outreach: • Public Awareness • Citizen-Staff Review Team • Expanded NBS Volunteer Programs 33 Next Steps . . . ■ September 2006 — January 2007 ■ Complete team review draft ordinance ■ Photo inventory of potential violations ■ Expand volunteer assistance programs 34 Next Steps . . . ■ January 2007 — April 2007 ■ Finalize draft ordinance, compile photo inventory, final report for April 2007 Work Session 2 Next Steps . . . ■ May 2007 — June 2007 ■ 1st and 2nd reading to include 180-day phased-in grace period for pre-emptive compliance 36 Next Steps . . . ■ January 2008 ■ PBMS ordinance goes into effect 3] 3 Direction Needed . . . 1. Does Council wish to move forward with comprehensive property and building maintenance standards? 38 2. If so, ■Does the outline follow Council's goal of "Improving Neighborhood Quality"? ■Are there specific concerns not addressed? ■Does Council agree with the revised proposed timeline? 39 4 3. If not, are there any revisions to current minimum requirements for "moved-in" and relocated buildings, rental housing, and any other existing buildings and properties that Council desires to pursue? 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