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6.4. SR 02-11-2008Item # 6_4. ver MEMORANDUM TO: Mayor and City Council FROM: Lori Johnson, City Administrator DATE: February 11, 2008 SUBJECT: Code Enforcement Update/Plan In 2007, the City stepped up its code enforcement efforts and is on course to improve the code enforcement program significantly in 2008. Staff has been working on various components of code enforcement including meeting with prosecuting attorneys to work through the court issues, reviewing ordinances and procedures for possible changes to improve the process and provide more enforcement tools, and by dedicating additional staff time to enforcement. Senior Planner Sheila Caxtney has served as the staff lead in organizing the code enforcement program and in traixing Building Inspector Dave Hetrick to do code enforcement. He continued doing building inspections part of the time and worked on code enforcement part of the time. This worked in 2007; however, now that the system is progressing and enforcement will be more proactive, additional staff time is needed. The 2008 building inspections budget includes a code enforcement officer fox approximately 1,300 hours. Since Dave Hetrick has already been doing code enforcement, has recently taken additional training to increase his knowledge of and sharpen his skills in code enforcement, and is able to dedicate all of his time starting April 1 to code enforcement, we are recommending that in lieu of hiring an additional code enforcement officer Dave Hetrick be placed in that position full time beginning April 1. This option is available only because building activity is down substantially and Mr. Hetrick's time is not needed for building inspection activities. When the market changes and activity picks up to a point where another inspector is needed, he will transition back to building inspections and a code enforcement officer will be hired. The increase in building activity will not be sudden so the gradual increase will allow us time to identify that need and take steps to hire a code enforcement officer before additional building inspection time is needed. Based on current building activity, we do not expect that to happen until sometime in 2009. Finally, attached is an update memo Sheila Cartney that requests policy decisions from the Council on several enforcement issues. Ms. Cartney, Jeremy Barnhart, Jeff Beahen and Dave Hetrick will be at Monday's meeting to discuss code enforcement with the Council. Item# 6.4 ver MEMORANDUM TO: Mayor and City Council FROM: Sheila Cartney, Senior Planner DATE: February 7, 2008 SUBJECT: Code Enforcement Update and Policy Questions This memo is to provide the Council an update on code enforcement, to provide a timeline of the code enforcement process and to seek direction and authorization on the following items: 1. Authorization to research and update ordinances as outlined in this memo. 2. Direction on policy/procedw-es relating to enforcement. 3. Define priority of ordinances to enfarce. Overview Staff is seeking authorization to research and update ordinances regarding: • Grass height 8 inches maximum -the International Property Maintenance Code (II'MC) requires the city to enter the length the city wants to enforce. • Administrative Citations -Staff has been discussing ways to achieve quicker compliance with the use of Administrative Citations, as other cities use this method. An Administrative Citation would serve as a fine to the violator and they would have so many days to pay that fine to the city, if they do not pay the fine then it will be assessed to their taxes. They still need to bring their property into compliance. If after the citation is issued and the property is still not in compliance, staff would go through the abatement process. Staff is seeking direction from the Council on researching more into this and drafting an ordinance; staff would also like to add an administrative fee to the abatements. • Dumpsters in Residential districts -Staff has received several complaints regarding a dumpster at a residential home that has been there for over a year. We currently do not have anything in our ordinance that regulates the time it can be on the property. Staff is seeking authorization to draft an ordinance that would put a time limit on dumpsters in residential districts (this is not new construction). Staff is seeking direction on the following policy/procedures relating to enforcement: • Does the Council want Code Enforcement to be proactive o If so, how proactive? Neighborhood sweeps/target areas? Other programs? • Staff views the following list a priority of ordinances to enforce, does the Council concur and/or have any to add? o Long grass/weeds o Pools o Junk Vehicles o Parking on unapproved surface o Signs o Dumpsters in Residential districts The Code Enforcement process started around May 2007. From May to December 2007 staff received about 212 code enforcement cases. This spring and summer will most likely produce many more; therefore, public education is going to be a big part of this code enforcement effort. Staff would like to start putting things in city literature as soon as possible, including articles in the Star News, on the city webpage, city newsletters, utility bills, etc. This summer staff plans to be present at National Night Out. Timeline h;ach Code Enforcement case is different and some cases take longer to resoh=e, while others quickly resolve themselves. A best case scenario timeline for addressing a couple of the most common code enforcement cases axe as follows: Receive complaint: conduct inspection to verify within two days of receiving complauit. Send Notice: The notice of violation should be sent out the day of inspection or the followuig day, so within two days of receipt of complaint. Long Grass/weeds: If it is a first violation they get 7 days to cut grass, if not cut within 7 days they receive a final notice giving 14 days or the city will use the abatement process to cut the grass. If it is their second violation or no one lives at the house, we send one final notice with the abatement process listed out giving them 14 days. Parking on the grass: If the vehicle is operable we typically give them one week to move the vehicle, if it is un-operable we give them two weeks. 'Typically two notices are sent out; the first one is more informative and gives a longer deadline. if there isn't compliance from that notice a final notice is sent and usually has a shorter compliance time and it does indicate a citation will be issued. Final notices axe sent certified mail. ~~ CITY OF ELK RIVER 13065 Orono Parkway Elk River, MN 55330 763-635-1000 codeconcems@ci.elk-river.mn.us Notice of Violation ozio7i2oos DATE: TO: ~ Xenia St RE: Elk River MN 55330 APN: CASE NUMBER: CE2007-5 The City of Elk River has received a complaint, which was subsequently confirmed by staff, that violations of the Elk River Municipal Code (ERMC) exist on your property. We are aware that violations may occur due to a lack of knowledge of the ERMC. Consequently, it is our policy to request voluntary compliance. An inspection of the above address was conducted on 02114/2008. which revealed that those items indicated below do not conform to city code(s) and require corrective action: Municipal Description Action required Due Date Code Sec. 46-34(2) The piling, storing or keeping of old Remove junk, junk vehicle or repair 02/17!2008 machinwery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, debris or abandoned vehicles Sec. 30-934(3) No landscape area shall be used for the Move vehicle to an approved surface 02/17/2008 parking of vehicles or the storage or diplay of materials, supplies or merchandise The City of Elk River requests your cooperation regarding this matter by correcting the above mentioned violations by the due date(s) specified above. If you feel that you are, for any reason unable or unwilling to comply with the request, or if you have any questions regarding this matter, please feel free to contact me at Page 1 of 2 giver (763) 635-1000. Failure to comply with this Notice of Violation may result in further enforcement action against you. Thank you for your cooperation and assistance in attending to this matter. Sincerely, Sheila Cartney, Code Enforcement Officer City of Elk River Page 2 of 2 CITY OF ELK RIVER sn-~,E 13065 Orono Parkway Elk River, MN 55330 763-635-1000 codeconcerns@ci. elk-rlver.mn.us Notice of Administrative Citation TO BE ISSUED IF IM1~~DIATE CORRECTIVE ACTION NOT TAKEN DATE: 02/07/2008 TO: Cheryl Johnson Elk River, MN 55330 RE: 1234 Main Elk River MN 55330 APN: SAMPLE ONLY CASE NUMBER: CE2008-6 The City of Elk River recently sent you a Notice of Violation on 01/09/2008, requesting your voluntary compliance in abating violations of the Elk River Municipal Code (ERMC) that exist on your property. An inspection of the above address was conducted on 02/06/2008. which revealed that those items indicated below do not conform to city code(s) and reauire corrective action: Municipal Description Action required Due Date Code Sec. 46-34(2) The piling, storing or keeping of old Remove junk, junk vehicle or repair 02/17/2008 machinwery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, debris or abandoned vehicles This Notice shall serve as your final notice to correct the above violation(s) before the issuance of an Administrative Citation imposing fines for the above violation(s). You are hereby directed to abate the above mentioned violation(s) by the due date(s) specified above. If all the violations are not fully abated by the due date, you will receive an Administrative Citation assessing a fine in the amount of $100.00, and directing you to pay the fine to the City of Elk River, pursuant to ERMC Section 1.20.040. Code Enforcement staff will continue to inspect your property and you may be subject to additional Administrative Citations or the City may pursue other legal remedies, until you fully abate the violation(s) noted Page 1 of 2 t~ver above. Additionally, escalating fine amounts of $200.00 for a second offense and $500.00 for third and succeeding offenses may be issued for repeat or continuing code violations. If you feel that you are, for any reason, unable or unwilling to comply with the request, or if you have any questions regarding this matter, please feel free to contact me at (763)635-1000. Thank you for your cooperation and assistance in attending to this matter. Sincerely, Sheila Cartney, Code Enforcement Officer City of Elk River Page 2 of 2 Sftµp~,6 Date SENT VIA CERTIFIED MAIL Name Address Elk River MN 55330 Dear Property Owners name: This letter shall serve as notice that property located at Adress Elk River, Minnesota is in violation of City Ordinance Section 30-157 referencing the International Property Maintenance Code Section 302.4 "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches," and Section 46-32 of the City code "Public Nuisances Affecting Public Health" and specifically Section A.7. which defines the same as "all noxious weeds and other rank growths of vegetation upon public or private property." This section specifies that based on the determination of the City that excessive long grass becomes a public nuisance that can be abated through a City process. This letter shall serve as notice that the City intends to abate the property pursuant Section 46-38, Abatement by City Property, per the provisions stated in the enclosed attachment. The attachment provides a method of a eals as well. If the grass on the subject property is not mown by Date, 2007 the City will mow the same at a minimum rate of $50.00. This charge will then be specially assessed on the property's tax roll. This letter shall also serve notice that during calendar year 2007, if the grass and/or weeds on the subject property exceed 10 inches in height, the City will mow and assess at the same rate with no further formal notice. If you have any questions regarding this issue, please call me at 763-635- ext Sincerely, Name Title Phone: 763.635.1000 Fax: 763.635.1090 a~ww.ci.elk-river.mn.us 13065 Orono Parkway Elk River, MN 55330 ~r~ Page 1 of 1 Reporting a Property How is city staff notified of a code violation? In addition to proactive inspections, City staff receive complaints from neighboring property owners and city employees working to keep the city clean, safe and orderly. How does city staff respond to a complaint? The issue is entered into a data base. Then the Inspector visits the property within 3 to 5 working days to determine if any violations exist. Imminent health or life safety hazards should be reported to our Division immediately or to the Police Department at 911 after-hours so they can contact us. What happens if a property is found to be in violation of an applicable code? The property owner will receive a written notice of the violation with a given time to correct the violation, depending on the type of violation. City staff will re-inspect the property to confirm the violation has been corrected. What happens if the property is not cleaned up in the given time frame? Depending on the type of violation, the property owner will receive an additional notice indicating the legal consequences for the failure to correct the violation(s), such as city-facilitated abatement, citations, mandatory court appearance, etc. With an abatement, the property owner will be required to pay the cost of removing the violation, plus an administrative fee. If the costs are not paid, they are specially assessed to the property. If a citation is issued, the property owner is liable for the payment of that citation. Fines double for repeat violations up to a maximum to $2,000 each incident. Where can I learn more? You may learn more about the City Code on the city's website. How do I file a complaint? In order to help us better serve you, please follow the steps below when making requests and reporting a concern: Please keep in mind that your assistance or testimony may be necessary in order for certain types of situations to be resolved, such as intermittent types of violations. Other options for resolving neighborhood issues exist such as mediation or involving your Neighborhood Watch group. Many disputes could be prevented or resolved by timely and good communication with your neighbors. Please leave your name, address and contact number by calling us at 763-493-8070. This will enable us to contact you if we have problems locating the issue or need more information. In addition, we can update you if a delay in corrections occur to the necessity of enforcement actions. Note: Your name is kept confidential in accordance with Minnesota State Law. Please provide the address of the property in question. This is how our database records information and will save our staff time in trying to locate a property, especially if we already have an open case on the property. . Please indicate the specific type of concern you have and whether this issue can be seen from the street or public way. If not, we may need to make other arrangements to view the issue. • Staff will review the property to determine whether a violation of city code exists. If a violation exists, the property owner and/or responsible party will be contacted to make the necessary corrections in the specified time frame. If the responsible party/parties are not cooperative, enforcement actions or city facilitated abatement may be required extending the time for you to see a difference. http://www.brooklynpark.org/smc/print.php 2/7/2008 Fees increasing for a long list of violations Page 1 of 1 ~~rTlr~l~ll~r~e~corin ~ 1'll~l~lJ~li~AR - ~. P~~IJp ~III~II~F~C'I'1?A Fees increasing for a long list of violations December 4, 2007 The fees are increasing for a long list of violations, but city officials said they are focusing on violations that affect the quality of neighborhoods. Level One violations -- increase from $50 to $55. Violations in this category involve parking codes, garbage and refuse management, visibility of house numbers, and snow and ice removal. Level Two violations -increase from $75 to $200. Some of the violations involve animal control regulations, parking on unapproved surfaces, parking within 10 feet of a hydrant, fencing setbacks and maintenance regulations, zoning code violations, junk vehicle, sign ordinance and junk and debris violations. Level Three violations -- increase from $150 to $200 Violations include animals without current rabies vaccination, unrestrained animals, lodging violations, home occupation violations, long grass non-critical property maintenance, swimming pool and food inspection violations. Level Four violations -- increase from $300 to $500 Abandonmentlfailure to redeem animals from pound, critical property maintenance, food inspection, and swimming pool violations. Unlicensed rental housing (considered a Level Three violation but will now be subject to the following policy once property owners are served with notice to obtain or renew a license): 0-10 days: $250 late fee + $150 license fee = $400 11-20 days: $500 late fee + $150 license fee = $650 21-30 days: $1,000 late fee + $150 license fee = $1,150 30+ days: $2,000 late fee + $150 license fee = $2,150 ©2008 Star Tribune. All rights reserved. http://vvww.startribune.com/templates/Print This_Story?sid=12138476 1/31/2008