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Last modified
5/29/2014 4:35:21 PM
Creation date
7/3/2013 10:42:35 AM
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Planning Files
Planning Files - Planning File #
3708
Planning Files - Type
Zoning Text Amendment
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maintenance offenses — where, if anything, we should be looking for more flexible <br />methods of enforcement to achieve more cooperation and compliance. <br />� <br />Section 106 also appears to iequire creating liens against pioperties �: imilar ic, <br />t 1T]'1<= �7i- �r]' � L1C�2" '-1��1 1}•�i�F:�7��. �ill�]l��i ��� ;`�����} `_`�� ji-i {�i _'i�il_'_OIt fll� 1�'TOp81T:?� lIl <br />enfoicement actions — which will encumber the owners' ability to sell or transfer <br />ownership of the property if they are unable to maintain or repair it. In fact, <br />Section 107.5 prohibits ti ansfer of ownership as soon as a notice of violation is <br />served and until compliance is achieved. ;��nce tl�e cocle in���e�;t�r has i�sued a <br />c�m liance (fix up) order or � ci rati����i Iias been issued shouldn't that be part of iL� <br />record as pat of the_o;�ner:, di,: closure��rior to �ale as in other issues such as watc:r <br />C�a.I]]a�'P,. ]110��, C�,C. jFil�'t li; 1'� �}:r� j)i1171'•_�� _]IIi:BTPCt, tn 17rt�'8 T�].P 7�-.��_]�' Ll�l=l,i.lj_ i-.�� :117C� <br />r��-�:�1�_�:��3. ?) Again, this seems to go in the wiong direction, by forcibly limiting the <br />owners' options to sell or transfer property to someone else better able to take care <br />of it. ',;'� it:l�iout ilie coui��lia�zE � i=�-u� l�c3i�� Ln��;�: i�. }ic�:T: �_���_th� 1�tt;,-� ����11.�.;. <br />i�� �r� �tiate on the appropriate price� Bv not revealin� buildin�faults, isn'i rhis <br />counter productive to ��ractice oi ��aa�t liou-in� �eserva.tion anc]_ buildin� <br />i7laintenance?) <br />I also have a question about a cominent in a previous staff repoit — that the net <br />result of the proposed code is to iequire maintenance of properties "only in <br />compliance with the code in effect when they were built." l;Sec ihe Izr���l:�c�sed clian�e:� <br />-- , <br />in tl��� cit:- c�rdiilana� ad.o�-�tin�r th� TF�lr._�,�_-1�i.ch cl�tz�iii�� : t lYis i�sue.). Again, I can t <br />find anything in the code that limits compliance to pievious code standards. Section '" <br />101.2 says that the code applies to "all existing iesidential and non-iesidential <br />structures" and provides "minimum requirements and standards" for maintenance. <br />Section 101.3 specifically requires that� <br />Existing structuies and premises that do not comply with these provisions <br />shall be altered or iepaired to provide a minimum level of health and safety <br />as requiied herein. (Emphasis added). <br />There is no reference to measuring compliance by codes in place at the time of <br />construction. <br />If the impact of the proposed maintenance code is to be limited consistent with staff <br />recommendations, then these sections need to be removed or amended. Another <br />solution would be to leave current code enfoicement provisions in our ordinances as <br />is, and consider adopting only some of the maintenance standards (in Chapters 3-7). <br />I will not suppoit the pioposed maintenance code unless the scope and enfoicement <br />powers are limited consistent with our curieilt ordinances. <br />�� <br />� <br />
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