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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/26/2019 - OCCUPANCY LIMIT ENFORCEMENT AND CHRONIC NUISANCE PDATE: STAFF: February 26, 2019 Justin Moore, Senior Code Compliance Inspector WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Occupancy Limit Enforcement and Chronic Nuisance Properties Update. EXECUTIVE SUMMARY The purpose of this is to provide an update on the current occupancy enforcement program, including process, approach, proactive efforts, outreach and education, and improvements over time; current processes for increasing occupancy limits; and an update on chronic nuisance properties. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED What feedback does Council have regarding current process or enforcement efforts? BACKGROUND / DISCUSSION The occupancy limit ordinance restricts the number of persons who occupy a dwelling unit to no more than three (3) unrelated parties. There are allowances for extra occupancy based on zone district and/or host family permitting, within parameters; however, in low-density residential zone areas (RL) the objective is to preserve the neighborhood character and no exceptions are allowed. The City of Fort Collins has a long history with the occupancy ordinance. The original ordinance was adopted in 1964, which limited occupancy of a dwelling to no more than three unrelated people. In 2005, after much public input and an economic study, City Council amended the ordinance to add clarity and to make violations a civil infraction, thus making the ordinance more enforceable. Enforcement of the revised ordinance began in 2007 and until 2016 had been primarily enforced on a reactive/compliant basis. Over the last two years, code compliance staff has been increased and efforts have shifted to increase proactive outreach and enforcement through partnerships with other City departments and neighborhood groups. These efforts have resulted in an increase of cases initiated, both via neighbor complaints and through collaborative efforts. Enforcement Process Whether through complaint or proactive efforts, all properties reported for potential over occupancy are investigated to determine whether a violation exists. The vast majority of violations are corrected through voluntary compliance (98.4% to date for 2018). In some instances, however, fines are levied. Fines and escalation of enforcement action typically occur when a property remains out of compliance or when the property has been confirmed to be in compliance and then the occupants/residents re-violate the occupancy limit ordinance shortly thereafter. Fines for violation of the occupancy ordinance have historically been levied against the culpable party, per the investigation; however, fines are now being levied against all occupants and property owners. With respect to the 2018 occupancy caseload, Inspectors have issued sixteen (16) citations for violation of the occupancy ordinance (as of February 2019). Over-occupancy cases can be difficult to prove to the degree required to take legal action. Although overnight guests are limited to 30-days in a 365 period, tracking and documenting this activity is resource intensive. Over February 26, 2019 Page 2 occupancy cases include tenants who bring in extra roommate(s), overnight guests who stay beyond their allowed time, and landlords who knowingly place too many persons into a dwelling unit. All of these situations require time and clear evidence to prove to a degree that the City can take action. There has been a steady increase in the annual case load, including sustained violations and unfounded/unproven cases. Staff believes that this increase is a result of greater public awareness of the code requirements due to the public outreach and education effort: TOTAL CASES Sustained Unfounded/Unproven Percent Sustained 2007 140 19 121 14% 2008 61 15 46 25% 2009 64 23 41 36% 2010 104 49 55 47% 2011 85 46 39 54% 2012 157 88 69 56% 2013 89 42 47 47% 2014 147 74 73 50% 2015 138 62 76 45% 2016 206 77 129 37% 2017 167 52 115 32% 2018 211* 77 106 42% *183 cases from 2018 have been processed, as of February 2019 Proactive Efforts and Improvements Since enforcement began in 2007, staff has worked to be responsive to neighbors, tenants, and landlords. While occupancy investigations have historically been addressed primarily on a reactive basis, Code Compliance has increased its proactive efforts in addressing over occupancy issues in neighborhoods throughout the city. Process improvements have been made based on level of service and ongoing caseload. Some of these efforts include: • Two (2) fulltime Occupancy Inspectors whose primary role is the enforcement of the occupancy limit ordinance. • Flexible/off-hour scheduling/patrol to increase ability for evidence collection. • Improved collaboration partnerships with several outside work groups, particularly with the Fort Collins Police Services Neighborhood Enforcement Team officers. • Enhanced proactive investigative efforts in identified problem areas. • Historically part of the research conducted through occupancy investigations was to determine culpability on a case-by-case basis; process has since been updated to hold all parties liable for penalty or fine. Proactive Outreach, and Education Efforts Proactive Outreach/education efforts happen throughout the year. Notably, whenever a home inspection is conducted in order to deem a property in compliance at the conclusion of the occupancy investigation, code compliance inspectors take time to have a discussion with whomever is present during the inspection (homeowners, property management representatives, residents, etc.) for the purpose of providing education around the occupancy ordinance and the City’s process of its enforcement, and answering any questions the parties may have. This is conducted at all occupancy inspections, as applicable. Additional areas of focus for proactive outreach/education are listed below. February 26, 2019 Page 3 Continual trainings provided to: • Landlord Education series • Student Focused Housing • Fort Collins Police Services • National Association of Residential Property Managers • HOA/Neighborhood Meetings • Neighborhood Code & Conflict monthly sessions • CityWorks and CityWorks.edu • Neighborhood Connections • During home inspections • Variety of one-time opportunities focused on education community members, landlords, and key community stakeholders Neighborhood Services has a unique partnership with Colorado State University. The Community Liaison Specialist, a shared position between the City and the University, helps both students and long-term residents connect to resources at Colorado State University and the City. The two entities partner on several programs, events, workshops, etc. • Colorado State University Off-Campus Life: educates students for successful transition and integration into the Fort Collins community. The City and Colorado State University partners on Community Welcome, Get the Scoop, Student Handbook, etc. • Colorado State University Housing Fair: Neighborhood Services hosts a table at the event and Occupancy Inspectors visit with attending property management companies to build/maintain relationships. Other Partnerships: • FCPS Neighborhood Enforcement Team: (NET) officers, District 1 officers, and some patrol officers. • Primarily work with NET officers: information sharing from their interactions in the community and potential over-occupied properties. • Occupancy staff share our active/open occupancy limit case locations with the Community Policing Lieutenant. • Poudre Fire Authority (PFA). While health and safety remains overall priority, PFA has/will share information of potential over-occupied properties discovered during the course of their work. • City Building and Zoning staff. Information sharing with any potential properties of concern. • CSU Student Legal Services. Biannual meetings to maintain relationships and information sharing. Collaboration: • Occupancy Inspectors maintain office hours and attend the scheduled and ongoing collaboration meetings at the Campus West Connections office for information sharing opportunities with City and CSU staff. Public Awareness: • City Code Compliance vehicles clearly marked for proactive field presence awareness. This allows both the potential violating properties and the impacted neighboring properties recognition of Code staff’s ongoing efforts. Current Processes for Increasing Occupancy Limits Extra Occupancy Rental House: • Extra Occupancy Rental House is a building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders, or roomers. It is not necessary for a family or owner to also occupy the house. February 26, 2019 Page 4 • Approved units are permitted in certain zones (Attachment 1). • Process for obtaining certificate of occupancy as an Extra Occupancy Rental House includes either a Type 1 administrative public hearing or a Basic Development Review application for change of use building permit, and an inspection for compliance with applicable codes/regulations. • Some factors considered during the approval/denial process include the density/number of nearby Extra Occupancy Rental Houses (no more than 25% of parcels on a block face), minimum building square footage of habitable floor space per occupant, minimum bicycle and parking spaces. • At present, there are 55 single or two-family dwellings and 13 multi-family properties that are approved as Extra Occupancy Rental Houses within the City of Fort Collins, which account for a total of 831 bedroom units. Host Family Permit Effective 2010, this allows an increase of the occupancy limit for host families in single family, owner occupied dwellings to allow for one additional person, provided that the following conditions are met: • Adequate off-street parking is available to accommodate the additional occupant. • There have been no code violations at the premises for which the permit is sought within the twelve (12) months immediately preceding the date of the application for the permit. • At least two (2) months have elapsed since the issuance of any previous host family permit for the same premises. Permits issued shall be valid for ten (10) months from the date of issuance. A permit may be revoked during the permit duration if a violation of the City or Land Use Code has occurred at the premises for which the permit was issued. In 2018, nine (9) Host Family Permits were issued. Citation Authority Update A recent update to Chapter 20 of the Municipal Code allows code compliance inspectors the flexibility to more readily address identified chronic problem properties. The update allows for a citation to be immediately issued when a violation is observed and essentially serve as the notification. There has been an internal policy created to ensure fair and consistent efforts are made Citywide. The factors to consider prior to immediate issuance of a citation include: • Nature of Materials: putrescent and/or odoriferous, such as animal carcasses, offal, or manure. • Public Safety Concern: e.g., abandoned refrigerators and other “attractive nuisances.” • Health and Safety Concern: excessive amounts of items that creates a harborage for rodents, insects, or other vermin. • Volume of Materials: excessive refuse/rubbish and/or materials not compatible with the size and/or configuration of the lot on which they are stored. • Number of Impacted Neighboring properties negatively impacted by condition and/or state of violating property. • Number of Resident Complaints received in short duration, and/or ongoing/repeated complaints regarding similar/identical founded violation type. To date, there have been eleven (11) immediate citations issued since the code change, and multiple properties being closely monitored proactively. Chronic Nuisance Properties In 2018, City staff compiled data over a period of eighteen months to identify the number of chronic nuisance properties in Fort Collins, highlighting property owners that own multiple rental properties considered to be “chronic,” in terms of the frequency of sustained nuisance violations. Approximately 170 property owners were identified who own two or more rental units, totaling 1,471 properties. Of these 1,471 properties, 158 have received five (5) or more violations over the 18-month period. February 26, 2019 Page 5 Despite a general perception that an increase in the number of properties owned by a single individual or entity correlates with an increase in nuisance violations at those properties, the compiled data indicates that the properties with the highest frequency of nuisance violations are owned by individuals/entities that own fewer than five (5) rental properties. Property Owners with Multiple Rental Properties 2017/2018 (as of October 2018): Number of Properties Owned Total Number of Properties Number of properties with five (5) or more violations 2- 4 165 92 (55.76%) 5 - 9 243 36 (14.81%) 10 - 14 147 7 (4.76%) 15 - 19 101 17 (16.83%) 20 or more 815 6 (0.73%) Moving Forward Staff will continue education and partnership efforts while addressing over occupancy through both proactive efforts and complaint-driven reports. The effectiveness and consequences of holding all parties responsible as compared to determining a responsible party on a case-by-case basis will be examined in 2019. Staff will monitor those identified chronic nuisance properties proactively and will continue the practice of issuing immediate citations for observed violations at these locations, as appropriate. Staff will continue to examine current processes for increasing occupancy limits where available and explore options around increased awareness of same. ATTACHMENTS 1. Extra Occupancy Zone Map (PDF) 2. Powerpoint Presentation (PDF) MMN NCB C LMN LMN MMN E I LMN LMN LMN CC MMN C RDR NCB CL I LMN MMN E LMN E LMN NC LMN NC LMN LMN NCB RDR LMN LMN E LMN LMN MMN LMN MMN E MMN LMN I LMN LMN MMN E LMN LMN LMN LMN CCN MMN LMN NC NC NC E NC MMN E MMN MMN LMN NC NCB NC MMN CC E MMN CCR NC C E CCN LMN MMN NC NCB LMN E LMN I February 26, 2019 Presentation of Updates Justin Moore City Council Work Session- Occupancy Limit Enforcement & Chronic Nuisance Properties ATTACHMENT 2 Direction and Questions 1. What feedback does Council have regarding current process or enforcement efforts? 2 Occupancy - Background  1964- Occupancy Ordinance Adopted as Criminal Offense  2005- Occupancy Ordinance de-criminalized  2005 – 2007- Education & outreach prior to active enforcement  2007- Enforcement efforts begin 3 Occupancy - Annual Case Load 4 140 61 64 104 85 157 89 147 138 206 167 211 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Occupancy Cases Occupancy Case Load – seasonal increase 5 0 5 10 15 20 25 30 35 40 45 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Case Average per Month Jan - Jul Aug - Sept Oct - Dec Occupancy – 2018 Case Outcomes 6 77 106 Case Outcome – 183 cases processed, as of February 2019 Sustained Violation- 42% Unfounded/Unproven- 58% Proactive Outreach & Education Trainings Editorials Partnerships Information Sharing Public Outreach Landlord Education Series Coloradoan - Neighborhood Services Occupancy article CSU – Off-Campus Life Police Services – NET Neighborhood Night Out Student Focus Housing Session Coloradoan - article Police Services – NET Poudre Fire Authority CSU - Community Welcome National Association of Residential Property Managers Local News CSU - Student Legal Services Various City Departments CSU - Get the Scoop CityWorks Various City Departments CSU - staff Code & Conflict Neighborhood/ HOA meetings Campus West Connections Meet your U+2 Inspector One-time opportunities CSU - Housing Fair 7 Proactive Efforts and Improvements Flexible/off- hour scheduling Referrals Research of Ads/ Social Media Seasonal Patrols Landlord Resources Accountability Enhanced Partnerships 8 Increasing Occupancy Limits Extra Occupancy Rental House Extra Occupancy (Multi-Family) Host Family Permit (2018) # of Properties Approved 55 13 9 # of Actual Bedroom Units 94 737 9 9 Extra Occupancy Rental Review Criteria 10 11 Nuisance Citation Authority Update  June 2018- Municipal Code update to allows Code Compliance Inspectors the flexibility to immediately issue a citation, in lieu of a notice of violation. 12  Since code change: 11 immediate citations issued Chronic Nuisance Properties 13 Number of Properties Owned Total Number of Properties Number of properties with five (5) or more violations 2– 4 165 92 (55.76%) 5 – 9 243 36 (14.81%) 10 – 14 147 7 (4.76%) 15 – 19 101 17 (16.83%) 20 or more 815 6 (0.73%) Direction and Questions 1. What feedback does Council have regarding current process or enforcement efforts? 14 BACK UP SLIDES TO FOLLOW 15 Extra Occupancy Rentals Process for obtaining certificate of occupancy as an Extra Occupancy Rental House:  Type 1 administrative public hearing (4 or more tenants in Low Density Mixed-Use zone OR 5 or more tenants in any permitted zone)  Basic Development Review (5 or fewer tenants in permitted zones other than LMN)  Application for change of use building permit  Inspection for compliance of applicable building/rental housing codes 16 Host Family Permits Requirements:  Owner-occupied property  Limited to single family homes  Adequate off-street parking  Valid for ten (10) months  No violations in the twelve (12) months preceding date of application  Two (months) have elapsed since issuance of previous permit  Limited to one (1) additional occupant 17 Exceptions to the Occupancy Ordinance Properties that are exempt from the maximum occupancy limit:  Dwellings regularly inspected or licensed by the state or federal government, including, but not limited to, group homes.  Dwellings owned an operated by a non-profit incorporated organization for the purpose of providing housing to victims of domestic violence. 18 N2N – Home Share Program  Home Share matches homeowners in need with potential renters to ease aging in place  Only homeowners are eligible to host  Hosts and renters go through background checks  Potential to violate current occupancy limit • Homeowner couple renting to another couple 19 LMN CCR C D D LMN D C LMN LMN LMN CCR LMN MMN NC LMN MMN LMN MMN MMN MMN LMN LMN MMN LMN E MMN MMN MMN LMN I LMN LMN MMN MMN LMN LMN E LMN MMN HMN E E I LMN CL CC CL MMN LMN LMN NC MMN LMN LMN MMN LMN MMN NC NC MMN NC LMN I LMN LMN CL C LMN MMN G R E G ORY RD B O AR D W A LK D R TURNBERRY RD E COUNTY ROAD 50 RIVERSIDE AV E N COUNTY ROAD 9 GIDDINGS RD E COUNTYROAD54 N COUNTY ROAD 5 S COUNTYROAD9 S COUNTY ROAD 19 E COUNTY ROAD 48 N COUNTY ROAD 17 S COUNTY ROAD 5 S SUM M I T VIEW DR E COUNTY ROAD 52 CARPENTER RD E DRAKE RD W TRILBY RD E PROSPECT RD W DOUGLAS RD MAIN ST S MASO N ST RICHARDS LAKE RD W VINE DR S HOWES ST COUNTY R O A D 54G S COUNTY ROAD 5 E HORSETOOTH RD TERR Y LA K E R D W HORSETOOTH RD N TIMBERLINE RD E L I NCOLN AV E E HAR M ONY RD MOUNTAIN VISTA DR W HARMONY RD N LEMAY AVE W ELIZABETH ST E COUNTY ROAD 36 N COLLEGE A V E E DOUGLAS RD E MULBERRY ST W PROSPECT RD E TRILBY RD E WILL O X L N W MOUNTAIN AVE S MASON ST REMINGTON ST E COUNTY ROAD 38 E V INE D R COUNTRY CLUB R D KECHTER RD S TAFT HILL RD W WILLOX LN E PROSPECT RD W DRAKE RD N OVERLAND TRL STATE HIGHWAY 392 W LAUREL ST ZIEGLER RD STRAUSS CABIN RD S L E M A Y AVE N US H IGHWAY 287 S TIMBERLINE RD LAPORTE AVE N SHIELDS ST S OVERLAND TRL S SHIELDS ST W MULBERRY ST N TAFT HILL RD S COLLEGE AVE C S U C S U Legend Streets - Major City Limits Colorado State University City zoning for extra occupancy Rentals C, CC, CCN, CCR, CL, D, E, HMN, I, LMN, MMN, NC, NCB, RDR CITY OF FORT COLLINS 0 0.3 0.6 1.2 1.8 2.4 Miles DESIGNATED EXTRA OCCUPANCY RENTAL ZONES These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: 10/22/2009 Zone =====Name ==================================================== COMMERCIAL COMMUNITY COMMERCIAL DISTRICT - NORTH COLLEGE DISTRICT COMMUNITY COMMUNITY COMMERCIAL COMMERCIAL - DISTRICT POUDRE RIVER DISTRICT DOWNTOWN EMPLOYMENT DISTRICT DISTRICT HIGH INDUSTRIAL DENSITY DISTRICT MIXED-USE NEIGHBORHOOD DISTRICT LIMITED LOW DENSITY COMMERCIAL MIXED-USE DISTRICT NEIGHBORHOOD DISTRICT MEDIUM NEIGHBORHOOD DENSITY COMMERCIAL MIXED-USE NEIGHBORHOOD DISTRICT DISTRICT NEIGHBORHOOD RIVER DOWNTOWN CONSERVATION REDEVELOPMENT - BUFFER DISTRICT DISTRICT Zone ====== CCCN CCR CC ED HMN I CL LMN MMN NC NCB RDR ATTACHMENT 1