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HomeMy WebLinkAbout7C - Draft Property Maintenance Ordinance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: f,: .\Cuunci!\20Cf) 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JULY 20, 2009 7C JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR PRESENTATION ON A DRAFT PROPERTY MAINTENANCE ORDINANCE Introduction The purpose of this agenda report and presentation is to review a draft of a property maintenance ordinance. The staff is looking for input from the Council on whether the proposed draft addresses the concerns of the Councilors. Historv Early in 2009, the City Council considered the idea of a rental property registration ordinance. On March 16, 2009, the Council rejected the need for a rental ordinance, and directed staff to prepare a draft property maintenance ordinance addressing cosmetic and exterior maintenance issues. The motion specifically directed staff to prepare "a property maintenance ordinance which would apply to all properties." A copy of the minutes of the March 16, 2009, meeting is attached for your information. Current Circumstances Before drafting the property maintenance ordinance, the staff compiled a list of common complaints that are not covered by our current ordinances. These included: . Unfinished or slow-moving landscaping projects . Unfinished or slow-moving construction projects (additions, garages, sheds, etc.) . Weathered/unmaintained yard ornaments . Out of season holiday decorations (lights, rooftop ornaments, etc.) . Missing/torn/broken windows, screens and doors . Damaged or missing gutters . Fences with missing or broken sections/rusted fences . Posters and other unusual displays on the inside of windows . Exposed bare soil (ruts) in yard . Lawns that are maintained but overgrown by weeds rather than grass . Firewood placement . Tree limbs/brush piles in yards . Weathered or unmaintained appearance of buildings (paint) . Number of vehicles on driveway or vehicles that never move from the driveway . Utility/flatbed trailer placement . Clutter stored in.a rlisorderlv fashion or in the public view www.cltyolpnoflake.com :R~i~4~6!~~it~~_'g,f,~,3&~~ Z~~~~)UC The attached draft ordinance attempts to address the majority of these issues. It does not address the following issues for the reasons noted: . Posters and other unusual displays on the inside of windows: This would be a very difficult ordinance to enforce and may have some First Amendment issues . Lawns that are maintained but overgrown by weeds rather than grass: The City currently has a weed ordinance, which has been included in the property maintenance ordinance. Again, such a restriction would be very difficult to enforce. . Utility/flatbed trailer placement: This is covered under the recreation equipment provisions of the Zoning Ordinance; this section is specifically referenced in the property maintenance ordinance. . Clutter stored in a disorderly fashion or in the public view: The major difficulty in addressing this issue is the question of what constitutes clutter. We have attempted to address the storage of construction materials, firewood and so on in the ordinance. What else should be addressed? The staff has prepared a PowerPoint presentation for the meeting which will provide greater detail on the proposed property maintenance ordinance. ISSUES: As we prepared the draft ordinance, the staff had some specific questions or issues for Council direction. Other issues may occur as the Council discusses the proposed ordinance. 1. Does the draft property maintenance ordinance cover all of the issues? 2. Do the provisions of the ordinance go far enough or do they go too far? 3. What are appropriate timelines for project completion? 4. How many vehicles should be allowed in a driveway? Should vehicles include only automobiles and trucks, or recreational equipment as well? FINANCIAL IMPACT: We already receive complaints on most of the listed issues, so we do not expect to see an increase in the initial inspection activity. Additional staff time will be devoted to follow-up on the violations. However, at this time we do not see a need for any additional staff as a result of this ordinance. There may be additional expenses if we are forced to take legal action against property owners who refuse to comply with the ordinance. RECOMMENDED MOTION: 1. The city council should determine whether the staff should finalize the ordinance for adoption. 2. Take no action subject to a city council workshop or the belief that the implementation of the ordinance is not affordable given the current financial circumstances. As per the City Council's discussion. ALTERNATIVES: Reviewed by: ~,J I - anager R\COUiicil\200a I\genda F<epol '" v 7 20 omS09 City Council Meellng Minutes March16, 2009 Haugen: Suggested a waiver of the suspension if the system should be purchased in seven days with proof of purchase delivered to a designated person. Erickson: Suggested purchase within seven days and installation and operation within thirty days, Haugen: Concurred. leMair: Suggested an additional option that if Shah chooses to accept the fine and suspension rather than installation of an identification system, that the suspension should be for 20-days as, ultimately, the Council wants the electronic identification system installed. Hedberg: Concurred since all Councilors have been consistent in wanting the electronic system installed. MOTION BY LEMAIR, SECONDED BY HAUGEN TO UPHOLD THE $700 FINE, ALLOW PURCHASE OF AN ELECTRONIC IDENTIFICATION SYSTEM WITHIN SEVEN DAYS AND INSTALLATION OF THAT SYSTEM WITHIN THIRTY DAYS, WHICH WOULD ALLOW WAIVER OF THE SEVEN-DAY SUSPENSION. IF NARAYAN GAS AND GROCERIES CHOOSES NOT TO ACQUIRE AN ELECTRONIC IDENTIFICATION SYSTEM WITHIN THE TIME PERIOD PRESCRIBED, THE $700 FINE WILL BE UPHELD AND THE SUSPENSION WILL BE FOR 20 DAYS, THE SUSPENSION WOULD TAKE EFFECT ON THE 31sT DAY AFTER THIS MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Shah: Requested more time due to the illness of his father. Haugen: Replied that he wishes well for his father, but that cannot dictate the decision of the Council. OLD BUSINESS ). Consider Approval of a Report Regarding Alternative Types of Rental Housing Inspection Programs and a Recommendation for Prior Lake. Building and Transportation Services Director Kansier provided information about the programs other municipalities have put in place as well as their program fees. Commented on fire incident statistics citing that most fires occur in one-or two-family dwellings and proposed that the purpose ofthe program could be for fire safety. Described five different program models providing the advantages and disadvantages of each along with possible impacts if each program were adopted. Believes most inspection and/or licensing programs are not self-supporting programs and that rental ordinances do not address vacant properties. Offered items the Council may want to consider in relation to a rental inspection program and asked for direction in order to tailor a program suggesting it may be good to start on a small scale with a rental regis- tration program focusing on outreach and allowing utilization of materials from the Minnesota Multi-Housing Association. Comments: LeMalr: Perceives no rental property problem for the City at this time. Believes cosmetic and exterior is- sues exist such as vehicles, unfinished new construction, etc. and that steps should be taken to address those issues. Does not favor a program that would require additional staff. Favors staying at the status quo adopting a property maintenance ordinance. Erickson: Asked if the fire incident statistics were for non-rental or single family owned properties. Kansler: Replied that the statistics do not distinguish between rental and single family owned. Erickson: Believes multi-units rentals are not the problem, but rather the homes that are being foreclosed upon and then purchased for use as rentals. Asked if the same benefits of a rental inspection program (such as criminal background checks) would be offered to owners of single unit rentals as those offered to multi-unit owners. 8 F\ .\COUiICii\2COD 20 CH'hOD City Council Meeting Minutes March16,2009 Kansler: Replied that the Police Department could do a minimal service of criminal checks as well as pro- vide public information. Erickson: Believes having a program providing criminal background checks would be good for the safety of the community and should be available for small unit rentals also. Would agree with having a registra- tion program listing a benefit to the landlord of learning about what services are available to them and a benefit to the police of knowing where the rental units are. Millar: Commented he has dealt with the full scale of rental inventory, licensing and inspections and be- lieves it has a good role. Asked what start-up costs might be for a rental registration program. Kansier: Replied that might depend on approach and could include promotional material, advertisement of the program, printing costs for forms and staff time, Millar: Asked if the rental properties were identified by tax rolls. Kansier: Replied that the identified properties came from tax information based on non-homestead status. Millar: Asked if a rental registration program would be voluntary. Kansier: Replied that it would be voluntary with the expectation that it would build over time. Millar: Believes if the registration is not made mandatory, the properties will not be registered. Believes a full-scale program is best for safety issues, but this may not be the right time for it. Believes a program should pay for itself. Asked if the City already has property maintenance ordinances. Kansler: Stated there are some ordinances that refer to junk vehicles and general appearance. The Inter- national Property Maintenance Code covers painting, lawn mowing, etc. Millar: Stated he could support a property maintenance ordinance if it applies to all properties, not just rentals. Hedberg: Stated it is good to question what the purpose of the ordinance would be. Appreciates the re- search into what other municipalities are doing, Believes a registration program would be good to assure clean and safe properties. Believes the City does not have a problem today even though 12% of current stock is rentals, Stated the number of rentals could increase with "accidental landlords. and the City may not understand what the potential need for the program would become. Supports a mandatory registration program that would provide the benefit of inventorying and tracking rental units and prepare us for potential problems. Haugen: Questioned whether action should be taken at this time agreeing there could be problems at some point, but the program would incur costs for start-up and tracking and he does not perceive a return on that investment in the short term. Stated there will be budget decisions to be made and this program does not fit. Believes a property maintenance ordinance would address cosmetic and exterior issues, re- quire little additional enforcement, no additional staff, and no cost to the property owner and would apply to all properties. MOTION BY MILLAR, SECONDED BY LEMAIR TO ADOPT A PROPERTY MAINTENANCE ORDINANCE MODEL WHICH WOULD APPLY TO ALL PROPERTIES. VOTE: Ayes by Haugen, LeMair and Millar. Erickson and Hedberg opposed, The motion carried. NEW BUSINESS Consider Approval of a Resolution for an Amendment to the Comprehensive Plan land Use Map for Properties located at 6880 Boudin Street, 14291 and 14311 Timothy Avenue from R.lD (Urban low Density Residential) to C.CC (Community Retail Shopping Commercial). Community Development and Natural Resources Director Parr explained that the amendment request is under consideration and that no site plan is being considered at this meeting. Outlined the processes that will be followed if the amendment request is granted, Planner Matzke described the site and adjacent uses which include Commercial Neighborhood Retail Shopping (G-NR) to the north, Urban Low Density 9 f~\Councii\200D 2.0 OH\609 SUBSECTIONS: 609.100: 609.200: 609.300: 609.400: 609.500: 609.600: 609.700: 609.800: 609.900: 609.1000: 609.100: 609.200: Health and Sanitation SECTION 609 PROPERTY MAINTENANCE FINDINGS AND PURPOSE DEFINITIONS BUILDING AND STRUCTURE ApPEARANCE AND MAINTENANCE REQUIREMENTS COMPLETION OF EXTERIOR WORK FIREWOOD STORAGE OTHER OUTDOOR STORAGE WEEDS PENALTY EFFECTIVE DATE SEVERABILITY FINDINGS AND PURPOSE: The City ~~il fin~~at it is in the best interest of the City to protect the publiC health, sa~ y, nd ~e I welfare of its citizens. To this end, the Property Maintenance regul ion will furth r the following objectives: DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply. Accessory Structure means a use or a structure subordinate to the principal use or structure on the same land and customarily incidental thereto.. Accessory buildings or structures shall include, but are not limited to: decks, porches, detached garages, and sheds. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. Buildings shall include, but are not limited to: dwellings, offices, warehouses, and stores. 609.300 609.301 : 609.302: 609.303: 609.304: 609.305: 609.306: Health and Sanitation Firewood means split wood or unsplit wood logs cut into lengths not exceeding three (3) feet for the purpose of burning in a fireplace or as a recreational fire on the property. Property means a legally described parcel of land, including but not limited to structures, parking lots, landscaping, lighting, signs and all other physical elements on the site and the use, operation and functioning of these elements. Property shall include any developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon. Structure means anything constructed or erected, the use of which requires a location on the ground. Structures include, but are not limited to advertising signs, billboards, towers and fences greater than 6 feet in height, pavilions, gazebos, pergolas, trellises, retaining walls greater than 4 feet in height, and swimming pools. BUILDING AND STRUCTURE ApPEARANCE AND MAINTENANCE REQUIREMENTS: Any building or structure, including an accessory structure, is a public nuisance if its exterior does not comply with the following requirements: The exterior of all buildings and structures and acc' ssory structures shall be maintained in good repair, structurally ~~. d and:' sanitary condition so as not to pose a threat to the public health, sa~ ty or wel reo All exterior surfaces, including, but not limited to, siding, door ,d or a wi dow frames, porches, trim, soffits and fascia, eaves and gutter bal onies, d cks and fences shall be maintained in good conditi n. . \ \ \ t All buildings shall have c mp et~ ~dir'\Q. va V erior wal shall be free of holes, breaks, loose or rotting b rd or t~~rs fa ing r loos~ st cco or brick, or peeling paint. \ All doors, windows, and gutters s be operable, shall be maintained in good repair, shall fit reasonably well Within their frames and shall be free of open breaks or holes. In all districts, fences, retaining walls and landscaping shall be maintained so as to prevent unsightliness, health hazards, or unsafe conditions. Fences, retaining walls and landscaping shall be free of open breaks or holes. Weathered or unmaintained lawn ornaments and out-of-season decorations, including but not limited to, lights, rooftop ornaments or lawn ornaments, shall be prohibited. 609.400 609.401 609.402 609.403: 609.404: 609.500 609.501 : Health and Sanitation COMPLETION OF EXTERIOR WORK New Construction. Renovations. Remodelina or Maintenance Proiects: All new construction, renovations, remodeling, or maintenance projects, including but not limited to, additions, decks, exterior renovations, pools, decks, parking areas and landscaping, shall be completed within the time limits specified below from the date of the permit. Completion of work includes completing the structure and exterior finishes (including but not limited to siding, windows, roofing, driveways, retaining walls, decks and patios), and shall be verified by final inspection by the Building Official. (1) Projects of a value greater than $250,000: fifteen (15) months (2) Projects up to a value of $250,000: twelve (12) months (3) Projects of a value less than $150,000: nine (9) months (4) Projects of a value less than $30,000: six (6) months (5) Projects of a value less than $15,000: three (3) months These time frames may be extended at the sole discretion of the building official as outlined in Section 609.403. Damaaed Buildinas. If a building is damaged by fire or by other casualty or cause and the roof or exterior finishes are damag~or destroyed, the damaged materials shall be completely restored ~~Place~ .th exterior building materials permitted by the Minnesota state bu dl g co nd this code as soon as reasonably possible, and in any even wi in m nths after the damage or destruction. Demonstrated HardshiD: the case\of m stratep' ardship due to sources beyond the control of t~p op'erty ower 'nc ding but ot limited to extreme weather conditions; reas nalJ u..~o s . n ho ages f aterial, equipment or labor; vandalism; or theft), 'he im ~ow r e erior~n truction and finishes may be extended at the ~'ole di cretio~ of he building fficial. The permit applicant must submit a wri n r q est ~ r n xten~on as s on as the need for an extension becomes known ') Demonstrated Hazard: In the cas 0 a dEt strated hazard or threat to the health, safety or public welfare of the en ra~ublic, the time allowed for completion of exterior construction and finishe may be reduces at the sole discretion of the building official. The permit ho cer will be notified in writing of the shortened timeline and will be allowed no less than ten (10) days for the completion of the exterior construction and finishes. FIREWOOD STORAGE: Except for firewood and construction materials necessary for on site work, no wood or wood product shall be kept or stored in Residential Use districts. Firewood may be stored in Residential Use districts solely for use on the premises and not for resale. 609.502: 609.503: 609.504: 609.505: 609.506: 609.600 609.601 : 609.602: 609.603: 609.604: 609.605: Health and Sanitation All firewood located on a residential lot shall be stored as follows: Firewood shall be stored or kept in a neat and secure stack (maximum of two cords, defined as 128 cubic feet per cord), which shall be no higher than five feet. No firewood shall be stored in the front yard. No firewood shall be stored within five (5) feet of any rear or side property line unless the wood is stored in an accessory structure meeting all required structure setbacks. The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin, or stacked in a manner that presents a hazard by virtue of collapse. Tree limbs, roots, and other brush shall be promptly removed from the property. OTHER OUTDOOR STORAGE: Except provided for herein or as specifically allowed within the speCific Use districts established by the Zoning Code, all materials and equipment shall be stored within a structure, except as noted in Sections 609.601 and 609.602. Not more than four (4) currently licensed and operable vehicles, including trailers and other recreational vehicles, may be parked or tored on property outside a structure on residential lots in the R-1 1~-2 Distn ts. All such parking and/or storage shall be allowed as follows: l (1) In the front yard, provided they are k pt an esta Iished driveway, entirely on the vehicle owner's, roperty. Excep as rovide lJerein, recreational vehicles may not be pa ed or stor do pu Iic pror;>e' y or street right-of-way. (2) All vehicles must be rK d 'o~ a dri ew c nsisting 0 concrete or bituminous pavement, unl ss t~e jriv · w 0 anothe\r m terial existed on the date of this ordinance. (3) Recreational vehicles m y b P rked t hi th side yard s permitted by the Zoning Code, section 11 2.7 0 ). \ \ Clothesline poles and lines, pi e ui ent, g rd n ~uipment, patio furniture, and trampolines. J Construction and landscaping mat lal, which shall be consumed or used on the Property within the next thirty (3 days and kept in a neat, workman like fashion. Temporary storage pods used to store items during house remodeling may be kept on the driveway for a period not to exceed ninety (90) days except by CUP application for major remodeling. No pallets shall be stored on the property seven days after they are no longer used. 609.700 609.701 : 609.702 609.703 609.704: 609.705: 609.706: 609.707: 609.708: Health and Sanitation WEEDS CUTTING AND REMOVAL OF GRASS AND WEEDS: It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or property or along the sidewalk, street or alley adjacent to the same, any growth of plants, grass, brush, or other weeds or vegetation which is horticulturally out of place to a height greater than twelve inches (12"). This requirement does not apply to the following: ~ Slopes greater than three feet horizontal to one foot vertical (3: 1); ~ A wetland, wetland buffer or flood plain designated on the official Zoning Map; ~ A drainage pond, raingarden or ditch which stores or conveys storm water; ~ Maintained and weeded gardens, trees and shrub plantings; ~ Property being used for agricultural purposes; and ~ An area designated as a "natural preserve" by the City Council. The determination of what constitutes a "natural preserve" shall be made by the City Council in its sole discretion. The City Council shall consider the following factors in making its determination: \~ ~ Whether there are compelling reas1~to pre.!r the property in its natural state; .. '\ ~ The zoning district of the City within w ich t e prope y is located; and ~ Whether any public s fety or health pr lems may result if the area is designated a "natural pr e"~.\ J f DUTY OF OWNER, LESS E R CCUP N T REMbv It shall be the duty of any owner, lessee or occ an 0 any=t r nd ~cut and remove or cause to be cut and removed all sucH we ds gr s, rho other isonous or harmful vegetation as often as may be ne s ry to com Iy with the provisions of subsection 609.100. This ordi anc s all b r C:l at all times between the established growing season of April to ove er 1. UNDEVELOPED PROPERTY: All undeveloped lots shall maintain a fifteen foot (15') strip of trimmed vegetation to a height of not over twelve inches (12") along any adjacent developed lots and any bordering city street. Following the initial grading and seeding of an undeveloped lot, vegetation will be allowed to grow to the height necessary to establish a proper root system. Exceptions: ~ In Residential Use Districts, this ordinance will not apply to undeveloped 609.709: 609.800: 609.900 609.1000 Health and Sanitation property; provided the undeveloped property does not abut a developed lot containing a building or provided the undeveloped property is greater than one acre in size, and provided the lot is in compliance with the provisions of Section 609.301. ~ In Commercial and Industrial Use Districts, this ordinance will not apply to undeveloped lots which are greater than one (1) acre in size provided the lot is in compliance with the provisions of Section 609.301. The city code enforcement officer may determine and require a wider strip of trimmed vegetation; depending on any unique conditions of the lot. WORK DONE BY CITY: If the provisions of the foregoing subsections are not complied with, the City shall serve written notice upon the owner, lessee or occupant or any person having control of such lot or land, to comply with the provision of this Section. If the person upon whom the notice is served fails or refuses to cut or remove or cause to be cut and removed such weeds, grass, brush or other vegetation within five (5) days from the date such notice is post-marked or delivered, then the City shall cause the weeds, grass, brush and other vegetation of such lot or land to be cut and removed. In accordance with Minnesota Statutes Section 429.101 or any authority the City may have in law or in equity, the actual cost of cutting and the removal, plus such sums as determined by the City counciio~eimb~ue~e City for its costs, shall be certified by the City Manager and shall th re pon co e a lien upon the lot or land on which such weeds, grass, brush and he vege tio were located and shall be added to and become and form a part of e t es next to be assessed and levied upon such lot or land and $~II bear interes at t e same r te as taxes and shall be collected and enforced in he\~me \ ma .er as real state taxes; provided, however, the owner, less e 0 p~t ny rson hav g control of the lot or land, may pay to the City 'n f fo itS co ts y ctober\ 15 f the same calendar year in which the cutting a re 0 aloccu e in rder to\av id having such costs levied upon the lot or land. \ ~ PENALTY: Any person violati g t e t rms qf h' Section shall, upon conviction thereof, be found guilty of a misde ea or.ah shall be punished in accordance with the penalties established by Mi n ta Statutes. EFFECTIVE DATE: This Section shall become effective upon its due passage and enactment and publication according to law. SEVERABILITY: If any provision of this ordinance is deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall not be invalidated.