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HomeMy WebLinkAbout4D, Motion to Approve the Code Compliance Policy ~ ~LLS Request for Council Action ~ Prepared By: James Lehnhoff Community Development Director Council Meeting Date: May 11, 2009 Motion to approve the Code Compliance Policy. Budgeted Amount: Actual Amount: Funding Source: Recommendation: 1. Motion to approve the Code Compliance Policy. Supporting: Documents: 1. May 11, 2009, Memo to the City Council 2. Proposed Code Compliance Policy ~ ~HILLS MEMORANDUM DATE: May 11, 2009 TO: Mayor & City Council FROM: James Lehnhoff, Community Development Director SUBJECT: Code Compliance Policy Action Reauest Motion to approve the Code Compliance Policy. Back!!:round At the October 20, 2008, work session, the City Council reviewed and discussed a number of potential projects to help address code compliance concerns in the City. Together, these projects are part of an overall community enhancement program. As part of that discussion, the Council came to a consensus to investigate and work toward implementing the following community enhancement programs: 1. Develop and distribute educational materials for property owners and tenants regarding City regulations; - ongoing 2. Review commonly violated City regulations to increase clarity and enforceability while meeting City goals; - ongoing 3. Review and update the nuisance regulations and develop an accelerated abatement procedure for certain types of ongoing nuisances; - completed 4. Develop a formal code compliance response policy; - subject of this memo 5. Review and work toward implementing a rental registration program - Discussion scheduled for May 19, 2009, work session 6. Continue investigation of an administrative fine program. - part of 2009 work plan In accordance with the work plan, staffhas r~viewed the existing code enforcement process and prepared a written policy for Council approval. The draft was reviewed at the April 20, 2009, Council work session. The primary purpose of this review is to prepare a more formal, clearer, and Council supported policy that staff can use as a guide for the compliance process. City of Arden Hills City Council Meetingfor May 11,2009 \\Ahdocs1\ah\AHdata\Planning\Community Development \ Community Enhancement Program \Memos \0511 09 - CC Memo - Code Compliance Policy. doc Page 1 of3 Existin!! Code Enforcement Process While the City does not have a formally adopted compliance policy, staffhas followed a process when working with complaints and violations. Upon receiving a complaint, the City performs an inspection and, if the violation is verified, a letter is sent to the address of the violation. In cases where the Ramsey County property database includes an alternative address for the property owner, a letter is sent to the property address and to the owner at the alternative address. The process may involve two additional notices with ten to 14 days between each notice if the violation is not resolved. If the property owner does not respond and/or the violation does not show any progress toward being resolved, a citation may be issued. This type of process is very similar to other cities. Proposed Code Compliance Policy While there is nothing inherently wrong with the existing process, moving toward a more formalized and city adopted process will be helpful to both staff and residents. The new policy is not a substantial operational change; however, the policy is more streamlined, provides additional process detail, and is compatible with the timelines in the recently updated nuisance ordinance. Based on the Council's April 20, 2009, discussion and additional staff discussion, the proposed policy was modified as follows: · Clarify what is required for contact information under the third bullet point; · Section 3: Explicitly allow for the sheriff to verify violations in addition to staff; · Section 3.b: Changed "will" to "may" so that staff is not required to inform a property owner of a complaint in cases where the complaint was frivolous or not a violation. The previous version implied that a property owner should be notified of all complaints. However, staff recommends retaining the option for staff to inform a property owner and tenant in case the violation is "fleeting," which means the violation may not have been verified during the inspection but could easily reoccur. Parking violations are often fleeting violations because the violation may not be occurring during an inspection but it would still be good to inform the property and tenant of the regulation. · Section 4: Removed the redundant inspection for violations that could not be verified; · Sections 5 and 6: Changed "will" to "may" so the City is not required by policy to issue a citation or abatement, which allows staff some flexibility when a citation/abatement may not be the best course of action; · Section 7: Removed the additional warning letter for re-occurring violations where the owner/tenant were already informed of the same violation and ordinance in the past. Adopting a policy does not lock the city into one process that must be applied to all situations no matter the circumstances. Some flexibility will still be needed. However, a Council supported City of Arden Hills City Council MeetingforMay 11,2009 \ \Ahdocsl \ah \AHdata\Planning\ Community Development \ Community Enhancement Program\Memos\051109 - CC Memo - Code Compliance Policy. doc Page 2 of 3 and approved policy would give staff more of a footing when dealing with uncooperative or unresponsive property owners. Although having a Council supported and written process is helpful, it should not be assumed that this policy will automatically result in a reduction in complaints or violations. Most violations are addressed quickly and do not require a second notice. This policy will better address the ongoing and the reoccurring violations. No matter what process is in place, there will always be some property owners who simply refuse to comply with the regulations. However, staff does hope that this process will result in solutions that are implemented more quickly. Finally, it should also be noted that citations are a tool of last resort. When a citation is issued, it is not uncommon for the violation to continue for another six to 12 months depending on how long it takes the district court to review the case. Additionally, the City incurs legal costs associated with processing the citation. When the citation is reviewed by the court, it is not uncommon for the court to issue a small fine and order the violation to be resolved within a certain time period. Additional penalties may be stayed provided there is not a reoccurrence of the violation. Due to the timeline and costs of a citation, staff has gone to great lengths to work with property owners to achieve compliance. Unfortunately, there are occasions where the process will result in a citation or other enforcement measure, and this policy provides a process for that type of circumstance. Recommendation Staff recommends approval of the proposed Code Compliance Policy. Attachment Proposed Code Compliance Policy City of Arden Hills City Council Meetingfor May 11,2009 \\Ahdocsl\ah\AHdata\Planning\Community Development\Community Enhancement Program\Memos\051109 - CC Memo - Code Compliance Policy. doc Page 3 of 3 City of Arden Hills Code Compliance Policy Policy Purpose: The City of Arden Hills seeks to protect the quality of life, property values, aesthetics, and safety through consistent and timely enforcement of the Arden Hills City Code. This code compliance policy is adopted to guide staff and designed to apply a standard procedure to achieve code compliance while working to educate and provide a reasonable time frame for property owners and tenants to resolve noncompliance issues. Submitting: a Complaint: In order for the City to investigate a complaint, the following information is required to be considered a completed complaint: . Complete address of violation (or adjacent address if in the right-of-way). . Description of violation. . Name, address, and phone number of complainant (kept as confidential information). . During regular business hours, the complaint can be submitted to City Hall by mail or by phone at 651-792-7800. For on-street parking violations and any violation that occurs during non-business hours, please contact the Ramsey County Sheriff non-emergency line at 651-767-0640. . People are strongly encouraged to contact City staff and/or the Ramsey County Sheriff while the violation is occurring so that the violation can be witnessed. City Code Compliance Process*: 1. Complaint. The completed complaint is submitted to the City. 2. Inspection. Staffvisits the property to inspect the complaint, follow-up with complainant to inform them of the compliance process, and initiate contact with the property and tenants of the subject property. Staffwill strive to complete this step within two working days of receiving the completed complaint. 3. Notification. a. City verified violation: For violations that are verified by a staff or sheriff inspection, the property owner and tenant shall be informed of the violation, how to resolve the violation, the applicable ordinance number(s), when the issue was reported, any applicable educational materials, and instructions to resolve the violation within seven days. Staff shall attempt to contact the property owner and tenant by phone and shall send a letter with the required information. Proceed to step four. b. No City verified violation: For violations that have not been verified or witnessed by City staff or the sheriff, the property owner and tenant may be informed of the complaint, the applicable ordinance(s), and supplied with any applicable educational materials by letter and/or phone. If the violation occurs and is verified within 12 months of the initial report date, staff may proceed to step five provided the property owner and tenant were informed of the initial complaint and supplied with the applicable ordinance and educational materials. \\Ahdocsl \ah\AHdata\Planning\Community Development\Community Enhancement Program\Compliance Policy\051109 - AH code compliance policy. doc 5/5/2009 4. Re-inspection. Staffre-inspects the property after seven days. If the violation is resolved, the case will be closed. If the violation is not resolved, proceed to step five. 5. Final Notice. The property owner and tenant shall be informed of the violation, how to resolve the violation, the applicable ordinance number(s), when the issue was reported, and any applicable educational materials. The letter shall direct the violation to be resolved within seven (7) days or 1) a citation may be issued, or 2) the abatement process may be initiated, whichever is most applicable. Staff shall attempt to contact the property owner and tenant by phone and shall send a letter with the required information. 6. City Action. If the violation remains unresolved after the seven (7) day time period, a citation may be issued or the abatement process may be initiated, whichever is most applicable. 7. Reoccurrence. If a substantially similar violation occurs on the same property within 24 months of a verified violation, the City may issue a citation or initiate the abatement process initiated, whichever is most applicable, without the need for additional violation notifications, The City's primary goal is to obtain compliance. City staff shall apply this policy equitably; however, unique situations may warrant flexibility if the result is a better and long lasting solution. *The Ramsey County Sheriff may issue tickets or citations outside of this code compliance process. Adopted: May 11, 2009 \\Ahdocsl \ah\AHdata\Planning\Community Development\Community Enhancement Program\Compliance Policy\051109 - AH code compliance policy. doc 2 5/5/2009