Agenda Date: 04/09/2024
Subject:
Title
Code Compliance Introduction and Proposed Nuisance Ordinance
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
Reid Betzing, City Attorney |
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Jeremy Kovinchik, Code Compliance Manager |
PURPOSE:
The purpose of this study session is twofold: first, it is to provide council with a brief introduction of the city’s Code Compliance Division and the work that they are performing; secondly, it will be an opportunity to present to council the process framework for a nuisance code ordinance which could be used to provide Code Compliance with another tool in gaining compliance and potentially remediating properties that fall out of compliance with the city’s various property maintenance codes. The study session is focused on process and structure, as these are the most glaringly ambiguous components of the existing code enforcement process. Many of the existing standards for defining nuisances and related violations will remain substantially unchanged in the new code. The entire rewritten nuisance code section will be presented to the city council at the time of first reading of the ordinance.
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High Quality Governance
BACKGROUND AND DISCUSSION:
Code Compliance, a division of the Community Development Department, is tasked with gaining compliance from property owners and residents with the various property maintenance codes that the city has adopted. Historically, Code Compliance has largely been reactive, or complaint based, by responding to complaints that are reported to the city regarding code violations related to properties within our city. A large percentage of the complaints have typically revolved around the upkeep, or lack thereof, of properties such as snow removal, trash or junk accumulation, weeds, and unlicensed vehicles. Generally speaking, due in part to resources and political will, code compliance has typically not actively gone out looking for violations however a transition to “proactive” code compliance is underway, based upon feedback from city council.
Code Compliance will typically respond to complaints by investigating the alleged violation and attempting to contact the property owner or resident. Most compliance can be reached simply by a discussion with the resident of the possible violation. These discussions are typically followed up with a written notice and an opportunity to come into compliance within a certain amount of time, depending on the corrective action(s) needed. Following that period of time, Code Compliance will inspect the property to determine if the violations have been addressed. Depending on the progress made, that could lead to additional time or to a summons and complaint being issued into our municipal court.
As the municipal court process can take quite a bit of time from the issuance of a summons until conclusion, staff is proposing a more administrative or civil alternative that could be used in gaining compliance versus the criminal route.
Proposed Nuisance Ordinance
What are nuisances?
• Nuisances are those violations of our city code that are declared to be nuisances as well as other violations addressed in our code:
o Public nuisances
o Junk, rubbish, and debris
o Abandoned or derelict vehicles
o Abandoned pools or deposits of water
o Diseased or dead trees
o Snow and ice accumulation
o Violations of ICC codes
How would the process work?
• A notice of violation would be sent to the property owner/resident containing the statements of violations and which sections of the code are in violation.
• If correction does not occur voluntarily, a correction order is issued allowing at least 10 days to make the necessary repairs/improvements to abate the nuisance conditions.
• A right to appeal provision and administrative hearing would be afforded to those appealing the notice of violation/correction order.
• If no appeal is filed within the appropriate time, the city would continue to work with the property owner to gain compliance. Depending on the severity and duration of the violation, the city would have the authority to abate the nuisances and charge the property owner for the costs incurred for the abatement.
FISCAL IMPACTS:
In cases where abatement is required, there would be upfront costs for the city to have the work performed. Those costs would be recouped either through the property owner paying the abatement fees or through liens placed on the property.
STAFF RECOMMENDATION:
Staff recommends that council provide direction to staff to draft a nuisance ordinance to provide another means of compliance for city code violations.
ALTERNATIVES:
Provide direction for a different process for nuisance violations or abatements or continue the court process of gaining compliance.