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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/15/2013 - SECOND READING OF ORDINANCE NO. 128, 2013, AMENDINAgenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY October 15, 2013 City Council STAFF Beth Sowder, Neighborhood Services Manager SUBJECT Second Reading of Ordinance No. 128, 2013, Amending Article IV of Chapter 20 of the City Code Pertaining to the Outdoor Storage of Materials. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on September 17, 2013, by a vote of 4-1 (Nays: Troxell; Campana, Horak absent), addresses ongoing exterior residential property maintenance issues that create a negative impact on neighboring properties and that are not currently addressed by existing codes. On First Reading, Council directed staff to make some changes to the proposed ordinance and bring them back for Second Reading on October 15. The changes include:  The title of the new provision has been changed from “excessive” storage to “improper” storage to clarify that improper storage is not solely a function of the quantity of materials stored.  The new provision has been incorporated into the same Code section as another, existing provision dealing with the outdoor storage of construction materials, since both provisions deal with the outdoor storage of materials.  The language dealing with health and safety concerns has been eliminated from the new provision since there is already a subsection of the rubbish provisions of the Code that deals with health and safety concerns resulting from an accumulation of materials.  The provision has been re-worded so that the presence of at least three of the enumerated problems will constitute a violation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, September 17, 2013 (w/o attachments) COPY COPY COPY ATTACHMENT 1 DATE: September 17, 2013 STAFF: Mike Gebo Beth Sowder AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT Items Relating to Exterior Property Maintenance. A. First Reading of Ordinance No. 128, 2013, Amending Article IV of Chapter 20 of the City Code Pertaining to the Outdoor Storage of Personal Property. B. First Reading of Ordinance No. 129, 2013, Amending Section 5-47 of the City Code Pertaining to the International Property Maintenance Code. EXECUTIVE SUMMARY The purpose of this item is to propose Code amendments that will address ongoing exterior residential property maintenance issues that create a negative impact on neighboring properties and that are not currently addressed by existing codes. This item focuses on three items that have a significant impact to the neighborhood and the general public because they are viewable from the public right-of-way. Neighbors have expressed that these conditions have a negative impact on their property values, enjoyment of their properties, and a general feeling of neglect and deterioration. The three proposed Code amendments include: • Deficient Structures • Vacant & Dangerous Buildings Registry • Excessive Storage of Personal Property Viewable from the Public Right-of-Way The above items are Phase 1 of this topic. Phase 2 will include excessive personal property and inoperable motor vehicle storage in back yards. Phase 2 is scheduled for City Council consideration on November 5, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Over the past several years, citizens have complained and inquired about residential properties that appear unkempt, deteriorated, and in disrepair. Staff addressed concerns at the identified properties that were violations of the Municipal Code; however, there continued to be existing, on-going issues that could not be resolved under the current Code. In response to those continued concerns, staff researched what other communities have done, explored other options, and discussed it with City Council at two work sessions. Staff documented the properties in Fort Collins that have various exterior property maintenance issues that negatively impact their neighborhood but are not currently in violation of the Code. There are relatively few properties that meet this description (less than a dozen), but neighbors continue to say that these properties have a significant negative impact on their neighborhood. Many of these properties have been deteriorating for several years, even decades in some cases. Some negative impacts expressed by neighbors include: declining property values, loss of enjoyment of their property, safety hazards, unwanted wildlife and insects, and a general feeling that no one cares about their neighborhood. City Council has discussed this issue at two work sessions – March 12, 2013 and July 23, 2013 (Attachments 1 and 2). At the July 23 Work Session, Council directed staff to bring Phase 1 items to Council for consideration now, and to schedule the Phase 2 items in the fall (they are scheduled for November 5, 2013). Phase 1 includes: COPY COPY COPY September 17, 2013 -2- ITEM 19 • Deficient Structures • Vacant & Dangerous Buildings Registry • Excessive Storage of Personal Property Viewable from the Public Right-of-Way Deficient Structures The currently adopted 2006 International Property Maintenance Code (IPMC) specifically exempts owner-occupied dwellings from the “substandard” classification addressing interior and exterior conditions. Substandard can be defined as defects that need repair or maintenance and have not yet been declared “dangerous”. Dangerous is defined as an imminent risk to the occupant or the public. When an owner-occupant fails to maintain the exterior of their property, the building can continue to degrade and over time deteriorate to a condition resembling “dangerous” resulting in costly repairs and becoming unsightly to an extent that property values throughout the neighborhood can be adversely affected. (See Attachment 3 for photo examples) A new classification of “deficient” is proposed that would be applicable to all buildings including owner-occupied dwellings. Deficient would be defined as, “a structure that through neglect, disrepair, or lack of maintenance (1) is no longer considered to be weather resistant using approved materials, or (2) allows the entrance of rodents or insects through holes in the exterior envelope, or (3) has exterior materials which are displaced or lack sufficient covering to provide the weather resistant barrier originally approved.” Owners of buildings that are declared to be deficient would be notified of the specific issues and be given suggestions on how to best mitigate the deficiencies. Building Services staff would work with the owner, provide contact information for private support services, and allow a reasonable time for corrections. Owners of deficient properties have the right to appeal any orders of the building official as described in the IPMC to the Building Review Board and in only extreme deficient cases, could the owner be subject to a citation and fine of up to $1,000 per day. Vacant & Dangerous Buildings Registry The currently adopted 2006 International Property Maintenance Code (IPMC) establishes processes that the City can use to monitor vacant buildings and includes actions needed to be taken when a building becomes dangerous. The majority of vacant buildings throughout the City require no City involvement because the owner or responsible party are providing the oversight, and there is no unlawful activity occurring. The vacant properties that are most problematic are those that are continually broken into or are open and unsecured or used for illegal activities. The City will post these buildings as “dangerous” and require that the owner install appropriate security measures and provide ongoing monitoring. Some owners of these vacant and dangerous buildings live out of state, and the City will notify the owner when a violation is identified. It can take the out-of-state owner a number of days to correct the violation, mainly because the owner is trying to contact someone locally who is willing to make the corrections. With the proposed Vacant and Dangerous Building Registry program, an owner of a vacant building, that has been declared a “dangerous” building by Building Services, will be required to identify a local person who assumes the responsibility for assuring that the property is secured from unlawful entry and who can act on behalf of the owner to address and correct violations at that property. Owners of Vacant and Dangerous buildings have the right to appeal any orders of the building official as described in the IMPC to the Building Review Board and in only extreme cases, could the owner be subject to a citation and fine of up to $1,000 per day, or an order to demolish the “dangerous” structure. Excessive Storage of Personal Property Viewable from the Public Right-of-Way Currently, the Code prohibits the storage of all items that are not customarily stored outside in residential areas (e.g. indoor furniture, car parts, appliances, etc.) either in public view or viewable from ground level of a neighboring property. Additionally, the Code does not allow the storage of any rubbish or trash. The Code currently does not limit the amount of personal property that can be stored on any portion of the property if it consists of items that are customarily stored outdoors in a residential area (e.g. yard equipment, outdoor furniture/ornaments, tools, barbecue grills, landscaping materials, etc.). This proposal attempts to address the excessive storage of personal materials stored in public view. It does not prohibit the storage of items customarily stored outdoors in a residential neighborhood; rather, it addresses the amount of items as well as the duration of time that they can be stored in public view. Because it is very difficult to define COPY COPY COPY September 17, 2013 -3- ITEM 19 “excessive” storage, this proposal takes several factors into consideration in order to declare a violation. (See Attachment 4 for photo examples) The factors taken into consideration include: • total amount of personal materials stored outdoors in public view • duration of personal materials stored outdoors in public view • general overall appearance of the stored materials • level of deterioration or disrepair of the stored materials • potential or actual negative impact of the materials on property values or loss of enjoyment of property of neighboring residential properties • potential for the stored materials to house rodents, insects, or other vermin • whether the materials are stored in the applicable property setback Additionally, this proposal includes an appeal process. If a property owner disagrees with a declaration of an excessive storage violation, they would have the option to appeal it to the Community Development & Neighborhood Services Director. Violations of this Code would be civil infractions with fines assessed as a penalty for non-compliance. As with current Code Compliance practices, a notice of violation would be sent to the property owner of record (as well as the tenant and property manager, if known) giving them three weeks to correct the violation before a citation would be issued. Staff can also work with property owners to refer them to available and appropriate resources or assistance programs and to give them an additional, reasonable amount of time to correct the violation focusing on achieving voluntary compliance whenever possible. If they do not comply, a civil citation can be issued to the property owner, tenant (if any), or property manager (if any) assessing a fine and still requiring compliance. Anyone who receives a citation also has the right to request a hearing in front of the Municipal Court Referee or Judge. FINANCIAL / ECONOMIC IMPACTS It is anticipated that there will be very little financial impact to the City related to enforcement of these code amendments. There are relatively few properties that will be impacted, and the City already responds to inquiries about these properties now. There may be some economic benefit to addressing these properties because of the increase, or perceived increase, in property values and increased level of neighborhood quality. There will be an economic burden on the property owners that must make corrections to comply with the Code requirements. ENVIRONMENTAL IMPACTS This item could potentially improve the environment by reducing the harborage or infestation of rodents/insects and by improving the physical appearance of neighborhoods. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board and the Building Review Board both heard presentations about this item, although neither Board provided a recommendation. The Affordable Housing Board provided feedback that the code changes could add new financial burdens to struggling low-income households, and suggested that “excessive accumulation of storage” should be defined clearly. Staff explained that the Larimer Home Improvement Program would be available to help people who qualify financially and that staff would be able and willing to work with affected households regarding time and possible solutions. (Attachment 7) The Building Review Board provided feedback that there were specific reasons why owner-occupied units were excluded from the International Property Maintenance Code (IPMC) requirements when they were adopted and expressed concern that the new “deficient” category holds some similar requirements. (Attachment 6) COPY COPY COPY September 17, 2013 -4- ITEM 19 PUBLIC OUTREACH Public Outreach to date includes: • Coloradoan Article • CityNews • Neighborhood News • Focus Group meetings • Fort Collins Board of Realtors Governmental Affairs group meetings • Social Media • Affordable Housing Board – June 6, 2013 and September 5, 2013 • Building Review Board – July 25, 2013 Feedback included primarily support for these items. Most of the people who have expressed a high level of support are immediate neighbors of the identified problem properties. Most people who expressed opposition to these code changes stated that they feel it is too much government intervention. One common area of concern from stakeholders as well as the Affordable Housing Board was whether there would be any assistance available for people who cannot afford to make the necessary corrections. Staff confirmed that the Larimer Home Improvement Program could be utilized by people who meet the income qualifications to get assistance for needed home repairs (Attachment 5). Additionally, staff would be able to work with people regarding the amount of time they need to make the necessary corrections. ATTACHMENTS 1. Council Work Session Summary Memo March 12, 2013 2. Council Work Session Summary Memo July 23, 2013 3. Photo Examples of Deficient Structures 4. Photo Examples of Excessive Storage of Personal Property 5. Larimer Home Improvement Program Brochure 6. Building Review Board Minutes, July 25, 2013 7. Affordable Housing Board Minutes 8. PowerPoint Presentation - 1 - ORDINANCE NO. 128, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE IMPROPER OUTDOOR STORAGE OF PERSONAL PROPERTYMATERIALS 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, City staff has periodically received various complaints from neighbors and other citizens regarding the unsightliness and hazards of residential properties with an excessive amount of storage where various kinds of materials are stored outdoors, in areas visible from public streets and sidewalks, in such quantities, manner or condition that the storage of such materials unreasonably interferes with the enjoyment and/or value of neighboring properties; and WHEREAS, Section 20-42.6 of the City Code prohibits, under certain circumstances, the outdoor storage of materials not customarily stored outdoors, such as construction materials; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the residents of the City that Section 20-42.6 be amended to add an additional category of improper outdoor storage to address situations not presently covered by Sections 20-42.6. WHEREAS, the City Council has determined that such conditions constitute a public nuisance and should be prohibited under the nuisance provisions contained in Chapter 20 of the City Code; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the City that the City Code be amended to prohibit the excessive storage of personal property which is visible from any public street or sidewalk. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 20, Article IV of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 20-42.7which reads in its entiretyas follows: Section 1. That Section 20-41 of the Code of the City of Fort Collins is hereby amended to add the following definition: Stored shall mean accumulated or kept for any purpose. - 2 - Section 2. That Section 20-42(m) of the Code of the City of Fort Collins is hereby amended to read as follows: (m) It shall be unlawful for the owner or occupant of any property to permit Tthe accumulation of refuse and or rubbish which constitutes or may create a fire, health or safety hazard or a harborage for rodents, insects or other vermin in such numbers as may be harmful to the health or safety of occupants or passersby is unlawful and is hereby declared to be a nuisance. Section 3. That Section 20-42.6 of the Code of the City of Fort Collins is hereby amended to read as follows Sec. 20-42.7. Excessive amount of storage of personal property prohibited. Sec. 20-42.6 Improper Ooutdoor storage of materials. (a) No owner or occupant of any residential premises within the City shall cause or permit on such premises the outdoor storage of an excessive amount of personal property as said condition is more particularly addressed and regulated by provisions of this Article, and such condition is hereby declared to be a nuisance and a menace to the public welfare. This declaration of nuisance shall only apply to locations that are visible from any public street or sidewalk, and shallThe improper outdoor storage of materials in violation of this Section is hereby declared to be a nuisance and a menace to the public welfare, and no owner or occupant of any residential premises in the City shall cause or permit such condition to exist. This declaration of nuisance, and the prohibitions contained in this Section, shall apply only to locations that are visible from a public street, sidewalk, alley or from the ground level of abutting properties, and shall apply whether or not the materials are sheltered or covered or within a carport or other partially enclosed structure. The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this provision.whether or not the personal property is sheltered or covered or within a carport or other partially enclosed structure. (b) No owner or occupant of any residential premises shall permit the outdoor storage on such premises of materials not customarily stored outdoors in residential neighborhoods, such as, but not limited to, construction materials, tires and household appliances, if such materials, whether or not sheltered or covered or within a carport or other partially enclosed structure, are visible from any public street, sidewalk, alley or from the ground level of abutting properties. The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this provision. Notwithstanding the foregoing, construction materials may be stored outdoors on residential premises for a period not to exceed nine (9) months, or for such longer period of time as may have been approved by the City Manager, if such materials are being used in the construction of a structure for which a building permit has been issued by the City. - 3 - (bc) For purposes of this Section, an excessive amount of personal property shall mean any amount of storage of materials that is or could be injurious to human health or welfare, or which could unreasonably interfere with the enjoyment of life or property of neighboring properties, persons, or other citizens. Officers are empowered to make a prima facie determination as to whether an excessive amount of personal property is being stored, which determination may be based upon, but not limited to, a consideration of the following factors:In addition to the prohibition contained in subsection (b), no owner or occupant of any residential premises shall otherwise permit the improper outdoor storage of materials on such premises by storing such materials in violation of this subsection (c). The presence of at least three of the following factors shall constitute the improper outdoor storage of materials under this subsection: (1) the number and size of materialsthe materials have been stored for an unreasonable period of time, taking into consideration the nature of the materials; (2) the duration the materials have been storedthe materials are in disarray and are not kept in a neat and organized manner; (3) the overall general appearance of the stored materials the materials are in a dilapidated condition or in disrepair; (4) the level of deterioration or disrepair of the stored materialsthe volume of materials is not compatible with the size and configuration of the lot where they are stored; (5) the potential or actual negative impact on property values or loss of enjoyment of neighboring propertiesthe overall appearance of the materials and the manner in which they are stored is not compatible with the character and appearance of neighboring properties; (6) the potential for the stored materials to pose a fire or safety hazard or house rodents, insects or other vermin; (7) the condition and appearance of neighboring and nearby properties. (8) any other factors tending to show the extent of the impact of stored materials on neighboring properties. - 4 - Introduced, considered favorably on first reading, and ordered published this 17th day of September, A.D. 2013, and to be presented for final passage on the 15th day of October, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of October, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk