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HomeMy WebLinkAbout2.e. Code Enforcement IssuesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE MEETING DATE: March 13, 2003 AGENDA ITEM: Code Enforcement AGENDA SECTION• Discussion PREPARED BY: Jim Parsons Community Development Director AfxENDA N fM # 2 E ATTACHMENTS: APPROVED Background L/ v This report gives some statistics for code enforcement activities in the year 2002, and discusses the neighborhood education and enforcement effort. It also addresses the issues of enclosures for waste containers and of code violations in the downtown area. The information about the neighborhood education and enforcement effort is provided so that the Council is familiar with the effort. Regarding the issues of waste enclosures and downtown violations, staff is seeking direction from the Council. Code Enforcement Statistics in 2002 35 cases were referred or declined 771 cases /properties were inspected 806 total cases 694 cases were residential properties 62 cases were commercial properties 15 cases were on undeveloped parcels 771 cases 698 cases are in compliance and closed 73 cases are open and in process 771 cases (Continued on next page) RECOMMENDED ACTION: Discussion. COUNCIL ACTION: Code Enforcement Statistics in 2002 (continued) 26 of the open cases are waste enclosure violations 17 citations were issued 8 cited cases are in compliance and closed 9 cited cases are in court and pending 435 neighborhood education and enforcement mailings /inspections 308 properties were found to be compliant on inspection (71 %) 133 properties were found to be in violation on inspection (29 %) The neighborhood education and enforcement program accounted for 57% of total code enforcement inspections. 363 enforcement letters were sent: 108 were first notices based on neighborhood education /enforcement inspections 101 were first notices based on complaints 106 were second notices 38 were non - compliance notices 10 were citation/formal complaint notices 363 total Neighborhood Education and Enforcement Effort The neighborhood education and enforcement effort was initiated to respond to complaints that the City's enforcement program was reactive. Some residents felt that they were being singled out based on complaints from a neighbor, while other properties with the same violations were ignored because no complaint was made. Some residents feel that the city has not put enough effort into education regarding the ordinances and what is expected of property owners. Many residents hesitate to speak to their neighbors regarding nuisances. The majority of complaints received by staff are made anonymously. The neighborhood education and enforcement program removes this dilemma for residents by educating residents and holding each property owner or resident to the same standards. Residents have asked staff when staff will reach their neighborhood because they do not wish to make complaints against their neighbors. One resident e- mailed a complaint to staff expressing her frustration with violations on a neighboring property, but also her fear of retaliation. That resident was very happy to learn that staff was about to conduct inspections in her neighborhood; she e- mailed her thanks to staff after the problems were rectified. At a seminar, staff learned of other cities around the country that have similar proactive, educational neighborhood code enforcement programs. Staff surveyed surrounding cities regarding similar programs. While no neighboring cities have similar programs in place, they were supportive of the concept and are interested in pursuing such a program. The City Council approved of the neighborhood education and enforcement effort in 2002. 2 A The effort began with an educational mailing to a selected neighborhood. The mailing explained the intent to educate property owners and residents regarding city ordinances, and detailed the most common ordinance violations. It also notified residents that staff would inspect their neighborhood in two weeks. The mailing generated a number of calls to staff in support of the program. A few calls with negative views were also received. Staff discussed the intent of the program with all the callers and answered questions. The program was also featured in the local newspapers. Staff conducted the initial inspections. Staff walked the neighborhood, block -by- block, and contacted residents as they inspected each property. Each property owner was asked if they had received the mailing, had any questions regarding the program, and if they approved of the program. The majority of residents expressed support for the program, often even if they were notified of violations on their own property. Waste Enclosure Violations Staff identified a number of business and multi- family residential properties that were in violation of city code relating to waste storage and waste container enclosures. Staff notified the owners of those business and apartment properties of their responsibility for storing their wastes as required by city code. Staff presented the issue at a local Chamber of Commerce meeting. The City Council updated the ordinances relating to waste storage, waste containers, waste container enclosures, and waste collector licensing and collection methods. Waste container enclosures for new buildings must match the exterior materials of the main building; such enclosures for existing buildings may be built of wood or chain -link fence with screening. The waste container enclosures stop trash from blowing around the site, and they discourage vandalism or carelessness that can result in garbage or grease spilled on the ground. Several local businesses brought their properties into compliance with the ordinances. There were 38 properties in violation originally. Currently about 26 properties are still not in compliance. Staff is aware of more violations, however, staff feels that it is better to complete the original list before beginning another. The process of education and enforcement has been ongoing for almost 18 months; the City has granted generous time periods for compliance including extensions over the winter months. Once the construction season arrives, staff will continue in the enforcement process for businesses and multi - family residential properties that are not in compliance. Staff expects that owners of older properties, especially those downtown, will contact the City Council for relief due to various difficulties in complying with the ordinances. Downtown Enforcement Staff has been involved in several code issues in the downtown area, and along the Co. Rd. 42 business corridor as well. Non- conforming signs, waste enclosures, and outdoor storage have been addressed. Some downtown violations are pending in court or have variance requests pending. 3 Staff often is asked why the City does not seem to enforce the ordinances as scrupulously in the downtown area as it does in other areas. Some of the pending court and variance issues are examples of how staff has dealt with violations downtown. However, there are concerns relating to the downtown area that remain. Some businesses pre -date current ordinance requirements, even though many codes have been in place for 20 years. The downtown district is not held to the same standard as some other zoning districts in the city by the ordinances. Some businesses have ignored or challenged the City's authority in these matters. Staff has thus far attempted to enforce the ordinances with an even - handed approach, holding all property and business owners to the standards imposed by the ordinances. However, it is difficult to explain to a property owner why the City is now enforcing an ordinance and requiring a change from what was allowed in the past. 'Staff explains that the City did not have staffing for pro- active code enforcement previously. This does not often make the person receiving the violation notice feel better. When the business owners along CSAH 42 were advised of waste container enclosure, or other violations, they wondered if the downtown businesses were being held to the same standard. Eventually the neighborhood education and enforcement program will reach the downtown area as well. The downtown is unique in that the outdoor storage and many setback regulations are relaxed or difficult to comply with. While some of the problems or violations encountered downtown are public health or safety nuisances, some are also related to the esthetic appearance of the community. Staff is seeking the Council's direction in how to proceed with enforcement activities in the downtown area in a manner that is consistent with expectations imposed on other areas of the city while still maintaining community standards. 0