HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/14/2007 - REVIEW AND UPDATE OF THE OVER-OCCUPANCY INVESTIGAT DATE: August 14, 2007 WORK SESSION ITEM
STAFF: Felix Lee FORT COLLINS CITY COUNCIL
Mike Gebo
SUBJECT FOR DISCUSSION
Review and update of the Over-Occupancy Investigation/Enforcement Program.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
The City's Land Use Code(LUC) Section 3.8.16 sets occupancy limits allowed for single dwelling
units to a family plus one additional person, or two adults and their dependants plus one additional
person.Established occupancy limits are intended to help maintain the quality of life in Fort Collins
single-family neighborhoods by reducing over-crowding and parking concerns which can lead to
neighborhood disturbances and devaluation of property values.
As the last of the four Neighborhood Quality Items to be discussed tonight, staff is presenting an
update of the Over-Occupancy Investigation/Enforcement Program in effect since January 1,2007.
1. Does the Over-Occupancy Investigation/Enforcement Program as presented, conform to
Council's intent and direction?
2. Does Council have suggestions for changes/improvement to the current process?
BACKGROUND
In 2005, Council approved changes to the LUC, making violations of occupancy limits a civil
infraction as opposed to a criminal misdemeanor. Council also provided guidelines within the LUC
to assist the City's Housing Inspector in determining whether an occupancy violation exists. These
changes became effective January 1, 2007, with the intended purpose of making over-occupancy
enforcement easier to prove and prosecute.
In anticipation of a large number of complaints once these changes became effective, staff
established an Over-Occupancy Investigation/Enforcement Program.
Investigation Process
Any Fort Collins property suspected of being occupied in violation of the occupancy ordinance can
be investigated by the City from a citizen filing a complaint, either signed or anonymous, with the
Occupancy Investigation Request.
1. The investigation form can be submitted on-line or in person.
August 14, 2007 Page 2
2. A complaint can be phoned in,in which case staff will complete the form using information
provided by the complainant.
3. A complaint can also be initiated by a City inspector,who,through observations of activity
around a subject property or by conversations with neighbors of problem properties, has
reason to suspect that the property is occupied in violation of the ordinance.
4. Once complaints are entered, the investigation begins by assigning a tracking case number
and identifying the owner of the property through a search of Larimer County Assessor's
files and utility billing records.
5. The owner and the occupants of the suspected address are then sent the Occupancy
Investigation Notice form which informs all parties that a complaint has been filed and an
investigation started into the allegation of over-occupancy.
6. The owner/manager is required to submit copies of lease agreements and the Disclosure
Statement for Lease form, which provide the inspector with the names of the legal
occupants.
7. If the Disclosure Statement for Lease is not received within 10 days,allowing for mail time,
the owner/manager can be issued a citation with a minimum fine of $100 for the first
offense.
8. Upon receipt of the Disclosure Statement for Lease, the case file is transferred to the
inspector to begin the investigation using the Over Occupancy Housing Investigation form.
9. The inspector searches the Department of Motor Vehicle records,comparing vehicle owners
against the names provided on the disclosure statement, if vehicle information is provided
in the complaint.
10. The inspector can check CSU address records by querying the subject property and
comparing listed names against the lease disclosure and DMV records.
11. The inspector might also visit the subject address to speak with the occupant or confer with
neighbors and the complainant(if known).
12. During the investigation,the case file and address is frequently discussed among the housing
inspector and supervisors.
13. The inspector's findings are evaluated and directions and advice for possible next steps are
provided. Often the City's Attorney's Office is brought into the discussion in order to
determine if the investigation warrants additional investigation/information and which steps
are to be taken next.
14. Should the investigation findings lead the inspector to conclude that, in all probability, the
subject property is over-occupied,the owner/manager and all known occupants will be sent
the Occupancy Violation Notice form. This informs all parties that the City has declared that
August 14, 2007 Page 3
the subject property is occupied in violation and that corrections are to be made within 7
days of the notice date.
15. Additionally,the owner/manager is required to schedule a site inspection with the inspector
within 7 days of the violation notice date. The purpose of the inspection is to verify that the
subject address is no longer over-occupied and to perform a rental housing inspection
verifying that the address meets all minimum life, health and safety standards.
16. Failure to bring the subject address into compliance with the occupancy limits will result in
all parties, (owners, managers and each identified occupant) receiving a citation with a
minimum fine of$500.
The information provided by the complainant, coupled with the housing inspector's investigation,
may not be sufficient to declare that the subject address is over-occupied. Furthermore, the
inspection may determine that from all appearances, no more than 3 unrelated adults occupy the
property. In these cases, all parties including the complainant will be sent a letter stating that the
subject address appears to be in compliance with occupancy limits.
If a second complaint is received with new or additional information that indicates suspected over-
occupancy, the case file is reopened and the new information investigated. If the new information
provides the inspector with sufficient evidence that the property is occupied in violation, citations
could be issued immediately, in certain cases. For most re-opened cases, the Occupancy Violation
Notice will be issued with resulting correction and rental housing inspections ordered within 7 days
of the notice.
CASE STATISTICS
Investigations
From January 1, 2007 to July 31, 2007:
• 97 case investigations
• 17 cases pending
• 80 cases closed:
• 40 Cases insufficient information or no violation found
• 40 Addresses issued Violation Notices: 32 Violations corrected; 8 Cases
resulted in citations (5 cases prosecuted, 3 cases dismissed)
Staff Time
Each case from complaint to inspection to violation notice required an average 4 to 5 FTE hours.
Each case that involved a citation required an additional average 4 to 5 FTE hours for City Attorney
consultation and hearing at a cost of$55/FTE hour.
August 14, 2007 Page 4
Costs/Revenues
The cost to run the program has been absorbed into the daily operations of NBS and City Attorney's
office. Fines collected from the issuance of citations,are intended to offset the program cost. Total
program costs to date are roughly estimated at$50,000. Total revenues to date are approximately
$1,200 in assessed fines and $475 collected.
Observations
The program described has been in effect for just one CSU semester,with the majority of complaints
and approximately 90%of the cases being properties that are rented to CSU students. As complaints
are filed during this next semester,the investigations will begin anew with the owner being required
to submit the Disclosure Statement for Lease form, in order for the housing inspector to determine
the legal occupants of new leases. We expect that some of the addresses investigated this past
semester will reappear the next semester.
One notable challenge with the enforcement program has been identifying a guest staying longer
than the allowed 30 days per year. The complainant typically provides a vehicle log and notes when
a particular vehicle appears. Through a search of the Department of Motor Vehicle records the
inspector maybe able to determine which vehicle is used by the legal occupants,even ifthe vehicles
are registered to an out of town or out of state parent. The inspector can match last names on the
DMV record against the names on the disclosure statement.
However, determining the name of a guest is not possible with any certainty using just DMV
records, as many vehicles operated by students are registered to a parent. Without being able to put
a name to the person who operates the vehicle that continually appears on the complainant's vehicle
log, citations would be issued only to the occupants listed on the disclosure statement and the
owner/manager, if the violation was not corrected.
Another challenge has been determining that only three occupants reside within the dwelling. For
example, during the site inspection, the inspector will witness three bedrooms in use. Based upon
the occupant's statement to such effect,it is not possible to reasonably conclude by a preponderance
of evidence that more than three persons reside in the dwelling. Moreover, because there is no
visual means to establish by that same standard, that two people share a bedroom, the case file is
closed. The complainant would need to re-open the case with a new vehicle log showing that more
than three people have been occupying the residence totaling more than 30 days in a year and be
willing to come forward as a witness.
Clearly,the investigation results are dependent upon the amount and quality ofinformation provided
on the complaint form. Complaints that are lacking in information, such as vehicle activity log or
names of occupants or those sent anonymously, require that the City build a case solely on its own
review of the evidence available. Without an admission of guilt by the occupants or owner/manager
and/or viable witnesses willing to participate in the investigation, successful declaration of a
violation and pursuit of corrections is unlikely. Also, given the time and resources required for the
City to "stake out" any one suspect property for a period of time exceeding 30 days, it is
fundamentally unrealistic to expect that staff can establish, given current level of resources, a
probable over-occupancy violation.
August 14, 2007 Page 5
The majority of over-occupancy complaints involve properties that have been rented by CSU
students and,not surprisingly,the problems associated with over-occupancy have the greatest impact
on their neighborhood during the school semester. There is a direct correlation to CSU being in
session and the number of over-occupancy complaints received. The Over-Occupancy
Investigation/Enforcement Program has been in place for just one CSU semester. In order to
evaluate the effectiveness of the program against repeat or new offenders, the program should
continue for at least another year and be reevaluated annually. Neighborhood Services educational
and outreach programs, like the various neighborhood-focused efforts, Community Mediation and
especially the CSU Community Liaison Program should continue and include landlords,renters and
owner-residents alike.
ATTACHMENTS
l. Over-Occupancy Investigation Request.
2. Occupancy Investigation Notice.
3. Over Occupancy Housing Investigation.
4. Occupancy Violation Notice.
5. Power Point presentation.
6. Decision matrix.
ATTACHMENT 1
fort Collins neighborhood & building services
281 N. College Ave.. P.O. Box 580: Fort Collins.CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134
• {OFFICE USE—DATE RECEIVED: CASE# }
Phone Intake Received By:
OCCUPANCY INVESTIGATION REQUEST
Effective January 1, 2007
All complaints will be investigated.
This form is to be used to notify the City that a "subject address" may be occupied in violation of
the City's Land Use Code; Section 3.8.16. Information provided will become public record when the
investigation finds there is a prosecutable violation. If the case goes to a hearing,the witness(es) may be
subpoenaed to testify.
The information provided herein, with or without your signature below, will be reviewed and the
appropriate level of investigation assigned to an inspector. Depending upon the outcome of City's
investigation, a prosecutable violation may depend on your signature and your ability to testify.
All parties of interest (owner/occupants) in the "subject address" will be notified of the suspected
violations and consequences and that an investigation into the alleged violation is in progress.
PLEASE PRINT AND PROVIDE CLEAR AND COMPLETE INFORMATION BELOW
Subject Address:
Owner/Manager Name(if known):
Owner/Manager Address(if known):
• Phone#:
Witness(es) Name(s) (print):
Witness(es)Address:
Phone#:
Witness(es) Observations:
Additional information (such as license plate logs, observation journals, occupants' names, other witness
information):
• Witness(es) Signature: Date Signed:
Signature: Date Signed:
Over Occupancy AIS
Attachment 1
ATTACHMENT 2
fort Collins neighborhood & building services
281 N. College Ave.. P.O. Box 580: Fort Collins.CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134
• Occupancy Investigation Notice
Date:
Case#
Subject Address
As a party of interest in the above subject address, you are being notified that a complaint has been filed with the
City of Fort Collins Neighborhood and Building Services Department. The complaint claims that the subject
property is being occupied in excess of the number of persons allowed by the City's Land Use Code Section 3.8.16
as stated below:
(A) Except as provided in subsection (B),or pursuant to a certificate of occupancy issued by the City to
the owner of the property, the maximum occupancy allowed per dwelling unit in a single-family,
two-family, or multi-family dwelling shall be:
I. one(1)family as defined in section 5.1.2 and not more than one (1) additional person;or
2. two(2) adults and their dependants,if any, and not more than one(1) additional person.
(B) The following shall be exempt from the maximum occupancy limit established in(A) above.
I. dwellings regularly inspected or licensed by the state or federal government, including but
not limited to group homes; and
• 2. dwellings owned or operated by a non-profit organization incorporated under laws of this
state for the purpose of providing housing to victims of domestic violence as such is
defined in C.R.S. 18-6-800.3.
Owner/Landlord:
In accordance with the City Code Section 5-264, I now request that you make available to this office, all lease,
rental payment and tenant information for this unit along with the Occupancy Limits Disclosure Statement for
Property Lease, within ten (10) days of the date of this notice. If requested information is not received by
an immediate citation will be issued to you with a minimum fine of one-hundred dollars
($100.00)up to one thousand dollars ($1,000.00)assessed.
Documents may be faxed attention Building Codes Services Manager 970-224-6134.
Occupants:
Be advised that the City has initiated an investigation into the claim of Over-Occupied Housing at the above
referenced Subject Address.
If the City's investigation determines that an occupancy violation exists, you will be
notified and given 7 days to abate the violation.
Should the violation not be corrected, citations will be issued to all parties.
The fine for occupancy in excess of the legal limit is a minimum five-hundred dollars ($500.00), up to one-
thousand dollars($1,000.00)for each day that the limit is exceeded.
• For additional information regarding the City of Fort Collins occupancy regulations please call the Customer
Service Line at 970-416-2350.
Over Occupancy AIS
Attachment 2
ATTACHMENT 3
fort collins neighborhood & building services
281 N.Collene Ave.. P.O.Box 580: Fort Collins.CO 80522-0580: Voice:970 2216760 FAX: 970 224 6134
• Over Occupancy & Housing Investigation
Date Start: Case Number:
Subject Address
Zoning Information:
Zone Zone History
Uses Allowed: _Single Family _Duplex _Extra Occupancy Rental (Boarding House)
_Multi-Family _Other(explain)
Lorimer County Assessor Information:
Owner(name and address)
Year Built: Property Type: No. Bedrooms Bsmt. Fin. Sq. Ft.
• Vehicle Registration Information:
Plate# Owner
Plate# Owner
Plate# Owner
Plate# Owner
Plate# Owner
Plate# Owner
City Docs Information: (Occupancy related)
Permits issued/final approval:
New SF/ Yes No _Addition/ Yes No _Bsmt. Find Yes No
Remodel/ Yes No
Comments:
• Violation Correspondence:
Over Occupancy AIS
Attachment 3
Page-- 1
Utilities Information:
Owner(If different from above)
Billing name(s)
Field Investigation:
Inspector: Date
Occupant(s) contacted: Yes No
Comments:
Rental Housing Investigation:
Unit Inspected: Yes No Rental Housing Violations Identified: Yes No
Inspection/Corrections Form Complete: Yes No Owner/Manager Notified: Yes No
Rental Housing Violations Corrections Date: Comments:
Re-inspection Date: Violations Corrected: Yes No
Follow-up Comments:
Over-Occupancy Investigation:
Occupancy Limits Disclosure Statement for Property Lease Received: Yes No
Disclosure Statement Violation Citation Issued: Yes No
Violations Identified: Yes No Comments:
Re-inspection Date:
Violations Corrected: Yes No Comments:
Citations Issued Date: Fines Cleared: Yes No
Follow-up Comments:
Over-Occupancy Violations Corrected: Yes No Comments:
Case # Closed Date: Closing Inspector:
Page-- 2
ATTACHMENT 4
fort collins neighborhood & building services
• 281 N.College Ave P.O.Box 580• Fort Collins CO 80522-0580: Voice:970 416-2350 FAX:970 224 6134
Occupancy Violation Notice
Sent to: Date:
Case#:
Subject Address:
As a party of interest in the above subject address, you were notified that an occupancy complaint had
been filed and that the City of Fort Collins was conducting an investigation into the claim that this subject
address is occupied in violation of the City's Land Use Code Section 3.8.16 as stated below:
(A) Except as provided in subsection (B), or pursuant to a certificate of occupancy issued by the City to
the owner of the property, the maximum occupancy allowed per dwelling unit in a single-family,
two-family, or multi-family dwelling shall be:
I. one (1) family as defined in section 5.1.2 and not more than one(1) additional person; or
2. two(2) adults and their dependants, if any, and not more than one (1) additional person.
(B) The following shall be exempt from the maximum occupancy limit established in (A) above.
I. dwellings regularly inspected or licensed by the state or federal government, including but
• not limited to group homes; and
2. dwellings owned or operated by a non-profit organization incorporated under laws of this
state for the purpose of providing housing to victims of domestic violence as such is
defined in C.R.S. 18-6-800.3.
The City's investigation has confirmed a violation of Section 3.8.16.
Determination comments:
You are hereby required to bring this property into compliance with (A) or (B) above within 7 days of the
date of this notice. As the owner/manager, you are now required to schedule an inspection of this property
within 7 days of the date of this notice. The inspection is to confirm compliance with occupancy and to
perform a Rental Housing inspection to verify that the property meets minimum habitability standards.
Failure to comply will result in Civil Citations being issued to each occupant; all owners and any property
manager. The minimum fine per citation is $500.00 and additional citations can be issued each day that
the subject address remains in violation.
is
Inspector Phone
Over Occupancy AIS
Attachment 4
Occupancy Limits
Enforcement Program
Council Update
August 14, 2007
Neighborhood Quality Issues
Occupancy Limits
Mike Gebo
Building Codes Services Manager
1
Occupancy Enforcement Program
City of Fort Collins Land Use Code
Section 3 . 8 . 16 adopted in 2005 with the effective
date of January 1 , 2007 .
Dwelling Unit Occupancy Limits :
■ One family plus one additional person, or
■ Two adults and their dependents plus one
additional person
z
Occupancy Enforcement Program
Occupancy Limits Exceptions :
■ Extra- Occupancy Rentals with City issued
Certificate of Occupancy
■ Dwellings and group homes inspected or
licensed by the state or federal government
■ Non-profit owned housing for victims of
domestic violence
3
Occupancy Enforcement Program
Complaint Based using:
■ "Occupancy Investigation Request"
■ Requesting information such as : vehicle traffic log,
complainant observations and available witnesses
■ Signed or anonymous
■ All complaints investigated
4
Occupancy Enforcement Program
Upon receipt of complaint:
■ Subject address case file initiated.
■ "Occupancy Investigation Notice" sent
■ Owners to provide Disclosure Statement for Lease
■ Occupants informed that an investigation underway,
should a violation be identified only 7 days to
correct.
5
Occupancy Enforcement Program
Subject Address
Over Occupancy & Housing Investigation:
■ Verify zoning and approved uses such as :
■ Duplex, multi-family or Extra Occupancy Rental
■ Verify County Assessor' s records for all owners
■ Department of Motor Vehicle search if occupant
vehicles known
■ Verify all City records for permits or violations
■ Compare with CSU records for student addresses
6
Occupancy Enforcement Program
Subject Address Investigation
■ When insufficient information to determine that
a violation exists
■ Notification to owner and tenants that case is being
closed and that the file can be re-opened with new
information
■ Occupants advised about ordinance.
Occupancy Enforcement Program
Subject Address Investigation
■ When investigation determines a preponderance
of evidence that a violation exists
■ "Occupancy Violation Notice" issued to owner and
all known occupants
■ 7 days to correct the violation and schedule site
inspection
■ Site inspection scheduled with owner/manager or
occupant
8
Occupancy Enforcement Program
Subject Address Investigation
■ Site Inspection:
■ Occupancy violation corrected, case closed
■ Occupants advised about the ordinance
■ Any rental housing violations processed through
separate procedures
9
Occupancy Enforcement Program
Subject address investigation:
■ Site inspection:
■ Occupancy violation not corrected; Citations issued
to all known occupants, owners and property
manager
■ Case file transferred to City attorney's office
■ Complainant notified that citations issued and
witness forms sent
■ Disposition of citations per City Attorney
10
Occupancy Enforcement Program
Program Review from 1 / 1 / 07 to 7 / 31 / 07
■ 97 Complaints / Case files received.
■ (As a comparison only 64 cases processed for the period
2002 through the end of 2005 .)
■ 40 Cases closed, no violation determined
■ 40 Violations found
■ 32 violations corrected and closed
■ 8 violations not corrected, citations issued.
■ 5 cases citations closed w/guilty plea, 3 cases were dismissed,
■ 17 Cases pending
11
Occupancy Enforcement Program
Time estimates per case file :
■ 2-3 Hours ; no violations identified:
■ Complaint received up through investigation, case closed
■ 1 -2 Additional hours ; violation identified:
■ Notification, site inspection, no citations violation corrected
case closed
■ 3-4 Additional hours ; citations issued includes :
■ Inspector investigation plus City attorney process per citation
■ Cost of service is offset by fines and penalties, as of this
date, approximately $ 1 ,200. 00 in fines have been
assessed and $475 .00 collected
12
Occupancy Enforcement Program
■ Staff Observations :
■ 90 % of Over-Occupancy cases are CSU students
■ CSU student address information not up to date
■ Identifying guest longer than 30 days is difficult to
prove
■ Complainants information often inaccurate such as
vehicle plate numbers
■ Inspector unable to determine if one or two people
occupy a bedroom
13
Occupancy Enforcement Program
On-going public outreach.
■ Public Notification process :
■ Through CSU "U + 2" program
■ Neighborhood Services Landlord Training
■ CSU Housing Fair
■ Coloradoan and CityNews articles
■ Presentations to :
■ CSU Student Council
■ CSU Legal Services
14
Occupancy Enforcement Program
Next steps :
■ Incorporate changes to the program as directed by
Council
■ Monitor and enhance the program as needed to
effectively enforce the occupancy limits and citation
process
■ Evaluate the complaints through another CSU
semester, identifying repeat violations
■ Report to council on program effectiveness 2008-2009
15
Occupancy Enforcement Program
Directions :
■ Does the Over-Occupancy
Investigation/ Enforcement Program as
presented, conform to Council's intent and
direction?
■ Does Council have suggestions for
changes /improvement to the current process ?
16
ITEM TOPICS COUNCIL DIRECTION/COMMENTS
Over-occupancy
Investigation/Enforcement
Program
y
Y
f9
x
z
a