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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/01/2013 - SECOND READING OF ORDINANCE NO. 129, 2013, AMENDINDATE: October 1, 2013 STAFF: Mike Gebo Beth Sowder AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second 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 Ordinance, unanimously adopted on First Reading on September 17, amends the International Property Maintenance Code relating to Deficient Structures and creates a Vacant & Dangerous Buildings Registry. Minor revisions have been made on Second Reading to clarify the definition of deficient structures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. STAFF RECOMMENDATION Ordinance No. 128, 2013, relating to excessive outdoor storage of personal property, will be considered on Second Reading on October 15, 2013. 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. 129, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 5-47 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, the International Property Maintenance Code adopted by the City specifically exempts owner-occupied dwellings from certain “substandard” classification provisions; and WHEREAS, the City Council has determined that it is in the best interests of the City that structures defined as “deficient” not be exempt from regulation because they are owner- occupied; and WHEREAS, the City Council has further determined that it is in the best interests of the City that a registry of vacant and dangerous buildings be established so that vacant buildings which have been declared to be dangerous may be placed on the registry in order to provide the City with a name and contact information for persons who may, upon notification from the City, act responsibly with respect to such property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 5-47(9) of the Code of the City of Fort Collins is hereby amended to read as follows: (9) The title of Section 108, along with Sections 108.1, 108.1.1, 108.1.2, 108.1.3 and 108.1.4, are hereby amended to read as follows: “SECTION 108 - SAFETY OF STRUCTURES AND EQUIPMENT “108.1 General. When any structure or portion thereof is found to be substandard, unfit for human occupancy, unlawful, dangerous or deficient or when any equipment or fixture installed or used therein is found to be substandard, such condition shall be abated or otherwise corrected, repaired, or removed pursuant to the provisions of this code. . . . Section 2. That Section 5-47(11) of the Code of the City of Fort Collins is hereby amended to read as follows: (11) Section 108.2 is hereby amended as follows: “108.2 Vacant Buildings and structures. - 2 - “(a) General. When a building or structure is vacant and unsecured or unfit for human habitation and occupancy the code official is authorized to post a ”Vacant Building Notice” on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.” “108.2.1 Vacant & dangerous buildings registry. Any vacant building or structure which has been declared dangerous in accordance with this code shall be placed on a vacant & dangerous building registry to be kept by the Director of Community Development and Neighborhood Services (Director). Owners of a vacant and dangerous building or structure shall provide the Director with the name and contact information for an individual who, acting on behalf of the owner, will accept responsibility for monitoring the property and responding to City identified violations within 24 hours of receipt of notice from the Director.” Section 3. That Section 5-47(17) of the Code of the City of Fort Collins is hereby amended to read as follows: (17) Section 202 is amended by the addition of thirty-four (34) new definitions to the list of terms therein in alphabetical sequence of such list to read as follows: . . . “DEFICIENT. A Ccondition(s) that through neglect, disrepair, or lack of maintenance results in a structure that: (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. . . . Introduced, considered favorably on first reading, and ordered published this 1st day of October, A.D. 2013, and to be presented for final passage on the 15th day of October, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 3 - Passed and adopted on final reading on the 15th day of October, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk