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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/23/2013 - EXTERIOR PROPERTY MAINTENANCE CODESDATE: July 23, 2013 STAFF: Beth Sowder, Mike Gebo, Polly Lauridsen Pre-taped staff presentation: available at fcgov.com/clerk/agendas.php WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Exterior Property Maintenance Codes. EXECUTIVE SUMMARY The purpose of this work session is to discuss possible solutions regarding on-going exterior residential property maintenance issues that create a negative impact on neighboring residential properties and that are not currently addressed by existing codes. This discussion 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, quality enjoyment of their properties, and a general feel of neglect and deterioration. These items include: • Exterior Surface Deterioration • Vacant and Dangerous Buildings • Excessive Storage of Personal Property Viewable from the Public Right-of-Way. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council wish to move forward with the options presented? 2. Does Council have any additional feedback or direction? 3. Does Council agree with the proposed timeline for bringing these items to Council for consideration? 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 are currently a violation of the Municipal Code; however, there continues to be existing, ongoing issues that are not violations of the Code. In response to these continued concerns, staff researched whether other communities have codes that address owner-occupied dwellings that appear unkempt, deteriorated, and in disrepair, as well as explored other possible options. Staff documented the properties in Fort Collins that currently have various exterior property maintenance issues that negatively impact their neighborhood, but are not in violation of the Code. There are relatively few properties that meet this description (approximately 6-10), but they have July 23, 2013 Page 2 a significant negative impact on their neighbors. These identified properties have been deteriorating for several years, even decades in some cases. Some negative impacts that neighbors have expressed include: declining property values, loss of quality enjoyment of their property, safety hazards, unwanted wildlife and insects, and a general feeling that no one cares about their neighborhood. City Council discussed this at its work session on March 12, 2013. (Attachment 1) Based on Council feedback, staff organized an approach to address the exterior maintenance concerns into two phases. Phase 1 includes the main discussion points for this work session, and Phase 2 includes items that will be brought back to Council at a later date. Phase 1 - Includes items that have a greater negative impact because they are in public view, including: • Exterior surface deterioration • Vacant and dangerous building registry • Excessive storage of personal property viewable from the public right-of-way Phase 2 – Includes items that have a negative impact to adjacent neighbors, including: • Excessive storage of personal property not viewable from the public right-of-way (e.g., in a backyard behind a privacy fence but viewable from a neighbor’s deck) • Storage of inoperable motor vehicles not viewable from public right-of-way • Dead shrubs if within 3 feet of property line or building This work session focuses on the Phase 1 items. If these items can be resolved, they will address health and safety concerns, as well as aesthetic issues that impact the neighborhood or general public. Staff recommends implementing and evaluating the impacts of the Phase 1 items before further pursuing the Phase 2 items. If Council agrees with this timeline, Phase 2 will be brought to Council for discussion in approximately a year. Exterior Surface Deterioration Current Problem The 2006 International Property Maintenance Code (IPMC) as adopted provides four classifications of buildings that require some degree of correction. “Dangerous” is an imminent hazard to the occupants or the public; “Unlawful” is created without a permit or City approval; “Unfit for Occupancy” is not allowed to be occupied due to a health risk, and “Substandard” applies to all buildings commercial and residential that have deficiencies that require general maintenance but has not been declared dangerous. When adopting the IPMC, there was a specific exemption for residential properties that are owner-occupied from the “substandard” classification. The dilemma occurs when an owner-occupied home has deterioration in the roof or siding; there is no requirement to make repairs and it continues to deteriorate. The City can require repairs to be made only when the deterioration becomes “dangerous”. July 23, 2013 Page 3 Suggested Remedy Create a new IPMC category called “Deficient” placed between “substandard” and “dangerous” that will address a building’s exterior components and require a building to be weatherproof. This new classification will apply to all structures, including owner-occupied residences. A building or structure will be “deficient” when through neglect, disrepair, or lack of maintenance the building or structure is no longer considered to be weather resistant using approved materials, allows the entrance of rodents or insects through holes in the exterior envelope, or the exterior materials are displaced or lack sufficient covering to provide the weather resistant barrier originally approved. This new category will prevent the types of exterior conditions shown in the attached photos (Attachment 2). Vacant and Dangerous Building Registry Current Problem Vacant buildings that have become “dangerous” as a result of continuous break-ins become a visual blight to the community and can be an attractive nuisance causing safety concerns (Attachment 3). The City attempts to work with property owners (who may be located out of town/state) to keep the property secure and require nuisance violations to be corrected. Currently, there is no requirement for the owner of a vacant and dangerous property to have a local contact person who will routinely monitor the property and respond quickly to violations. Suggested Remedy Create a new IPMC section “Vacant Dangerous Building Registry”. Require that vacant buildings declared “dangerous” by Building Services have a local contact person registered with the City who will be responsible for ensuring that the property is secure and who will respond to any nuisance violations. Many other communities across the country have adopted Vacant Building Registries. Excessive Storage of Personal Property Viewable from the Public Right-of-Way Current Problem There is no limit to the amount of personal materials that are normally stored outdoors in residential areas in public view (front or side yards). There are properties that have an excessive amount of materials stored in public view creating an eyesore for neighboring properties (Attachment 4). Neighbors indicate this practice negatively impacts their property values, their ability to enjoy their properties, and gives a general feeling of neglect and deterioration in their neighborhood. Suggested Remedy Add a provision to the Nuisance Section of the Code limiting the excessive storage of items that are viewable from the public right-of-way (front or side yards). Utilizing other communities’ ordinances as models, staff suggests carefully defining what “excessive storage” is so that it is clearly defined. This could include language such as “the excessive storage of personal property reduces the orderly and aesthetic appearance of the neighborhood, is detrimental to the nearby property or property values, or that all outdoor storage must be located on the rear portion of the July 23, 2013 Page 4 lot and screened from public view”. Staff continues to work with the City Attorney’s Office to ensure that the language matches the intent of applying this standard only to properties that create the most egregious problems. Public Outreach Public outreach to date includes: • Coloradoan Article • CityNews • Neighborhood News • Focus Group meetings • Fort Collins Board of Realtors Governmental Affairs group • Social media • Affordable Housing Board – June 6, 2013 • Building Review Board – July 25, 2013 (scheduled) Feedback included support primarily for items that are in Phase 1, and most of the divided responses are for items in Phase 2. 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 codes said that they feel it is too much government intervention, especially the Phase 2 items. One common area of concern from the 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 contacted the Larimer Home Improvement Program, and they confirmed that people who met the income qualifications could 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 corrections. If Council chooses to move forward with these options, staff will conduct public outreach inform people of the new requirements. Next Steps/Timeline If Council agrees, formal consideration of these Codes is scheduled for the September 17, 2013 City Council meeting. ATTACHMENTS 1. Work Session Summary March 12, 2013 2. Example Photos of Exterior Surface Deterioration 3. Example Photos of Vacant and Dangerous Buildings 4. Example Photos of Excessive Storage of Personal Property Viewable from the Public Right- of-Way 5. Larimer Home Improvement Program brochure 6. Powerpoint presentation ATTACHMENT 1 ATTACHMENT 2 COUNCIL WORK SESSION - JULY 23, 2013 1 EXTERIOR PROPERTY MAINTENANCE CODES AIS EXTERIOR SURFACE DETERIORATION EXAMPLES ATTACHMENT 3 COUNCIL WORK SESSION - JULY 23, 2013 1 EXTERIOR PROPERTY MAINTENANCE CODES AIS VACANT AND DANGEROUS EXAMPLES ATTACHMENT 4 COUNCIL WORK SESSION - JULY 23, 2013 1 EXTERIOR PROPERTY MAINTENANCE CODES AIS EXCESSIVE STORAGE EXAMPLES COUNCIL WORK SESSION - JULY 23, 2013 2 EXTERIOR PROPERTY MAINTENANCE CODES AIS EXCESSIVE STORAGE EXAMPLES ATTACHMENT 5 1 Exterior Property Maintenance Codes City Council Work Session July 23, 2013 Beth Sowder, Neighborhood Services Manager Mike Gebo, Chief Building Official Polly Lauridsen, Code Compliance Supervisor ATTACHMENT 6 2 Purpose 3 Direction Sought 1. Does Council wish to move forward with the options presented? 2. Does Council have any additional feedback or direction? 3. Does Council agree with the proposed timeline for bringing these items to Council for consideration? 4 Background Information • Citizen complaints and inquiries for past several years • Properties appear unkempt, deteriorated, disrepair • Negatively impact neighborhood: – Declining property values – Loss of quality enjoyment of their property – Safety hazards – General feel of neglect and deterioration 5 Council Work Session March 12, 2013 Council direction included: • Continue public outreach • Revisit at another work session • Options for financial assistance • Carefully define “excessive accumulation of storage” • Apply to most egregious problems • Health and safety issues first 6 Phase 1 and 2 Phase 1: • Exterior Surface Deterioration • Vacant and Dangerous Building Registry • Excessive Storage of Personal Property Viewable from the Public Right-of-Way Phase 2: • Excessive Storage of Property Not Viewable • Storage of Inoperable Motor Vehicles Not Viewable • Dead Shrubs 7 Exterior Surface Deterioration 8 Suggested Remedy • Create new IPMC category – “Deficient” • Place between “Substandard” and “Dangerous” • Address building’s exterior components • Require building to be weatherproof • Apply to all structures – including owner- occupied residences 9 Vacant & Dangerous Building Registry 10 Suggested Remedy • Create new “Vacant Dangerous Building Registry” • Require local contact person • Responsible for ensuring property is secure • Respond to nuisance violations • Many other communities have Vacant Building Registries 11 Excessive Storage of Property 12 Suggested Remedy • Add provision limiting excessive storage in public view • Define “excessive storage” so it is clear – Reduces the orderly and aesthetic appearance of the neighborhood, – Detrimental to the nearby property or property values, – Storage must be located in rear portion of the lot 13 Public Outreach • Coloradoan Article • Neighborhood News and CityNews • Focus Group meetings • Fort Collins Board of Realtors Governmental Affairs group • Social Media • Affordable Housing Board – 6/6/13 • Building Review Board – 7/25/13 14 Feedback • Support primarily for Phase 1 items • Phase 2 items – divided responses • High level of support from immediate neighbors • People opposed concerned about too much government intervention • Assistance available for people in need – common concern from stakeholders and Affordable Housing Board – Larimer Home Improvement Program 15 Next Steps • Public Outreach • Council Consideration – September 17, 2013 16 Direction Sought 1. Does Council wish to move forward with the options presented? 2. Does Council have any additional feedback or direction? 3. Does Council agree with the proposed timeline for bringing these items to Council for consideration?