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Home My WebLink About5J Code Enforcement Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 4, 2018 AGENDA #: 5J PREPARED BY: DALE STEFANISKO, CODE ENFORCEMENT OFFICER PRESENTED BY: DALE STEFANISKO AGENDA ITEM: CONSIDER APPROVAL OF THE 2017 CODE ENFORCEMENT YEAR-END REPORT DISCUSSION: Introduction The purpose of this report is to provide the City Council with information regarding complaints, code violations, and code enforcement activity for the year 2017. History In July of 2007, The City of Prior Lake hired its first full time Code Enforcement Officer. The main goal of the program is to enhance the health, safety and aesthetics of the city through voluntary compliance. We continue to maximize the attractiveness of residential and commercial properties by effectively enforcing the standards and requirements of the City Code. This has been achieved by both a proactive and complaint driven approach. A resident can contact the Code Enforcement Officer with a question or concern and a site visit will be made. If a violation is confirmed at the time of inspection, the responsible party will be notified. They will be provided a notice of the violation and given a deadline to make the correction. When voluntary compliance is not achieved within a reasonable amount of time, it may become necessary to issue a misdemeanor citation to the responsible party. A citation requires the responsible party to appear at Scott County District Court. This typically results in a fine and confirmation that the violation has been corrected. If compliance still is not achieved, it may become necessary to proceed in civil court to obtain compliance. City ordinance compliance can also be achieved through educating and informing the public of the city ordinances. Examples of public outreach are regular contributions in “The Wavelength” or water bill insert to inform residents of various codes to include seasonal or weather-related ordinances and brochure hand out flyers for specific codes. The City digital monument signs are used to display various types of code enforcement information. The City’s website lists several common code type violations, links to the Code Enforcement policy and the Good Neighbor Guide to Code Compliance. Voluntary compliance is a desired goal of the Code Enforcement Program and is being achieved in the vast majority of cases. 2 Since January 2011, all Code enforcement related activity has been tracked in the software program called “Splash”. The Code Enforcement Officer documented the findings of the initial inspection and any subsequent inspections up until the case is closed. This documentation included: inspection findings, photos, notices, correspondence, and any other updates or developments pertaining to a case. All the case information is contained in one database and is easily searchable. Custom improvements to Splash were made January 1, 2013 creating a custom Code Enforcement Services module. This module allowed for reporting of case violations, tracking and viewing of the case status, notices issued, violations, complaint source, and photos. Splash was a valuable tool that improved administration of the Code Enforcement Program. Better software programs have become available to enhance administration capabilities. The City recently purchased a new software program (BS&A) which included a code enforcement module. Code enforcement transitioned to the new software program in March of 2017. The report for this year uses the new software program. This new software platform not only allows for administration of the Code Enforcement Program, but allows for better case management, improved and additional reporting and automatic letter generation. Current Circumstances This report consists of a year-end summary of the total number of cases closed in 2017, new cases opened in 2017, total of all violations on closed cases, source of the complaints, the processes used to resolve the violations, the average time frame required to resolve a complaint, the total amount of inspections, the voluntary compliance percentage, repeat violator properties for this reporting period, the case amounts of rental properties, amount of extensions granted, a breakdown of the twelve most common violation categories, and comparisons of prior year’s code violations. This report is being furnished to provide the Council with insight that may be useful in evaluating current resident concerns and future regulatory decisions. It has been observed that the vast majority of City residents have pride in their neighborhoods and the community. Residents feel an obligation to maintain a neat appearance on their properties and expect nearby properties do the same. The 2017 Community Survey noted ninety-seven (97%) of residents say, “general appearance of the city is good or excellent” and ninety-nine (99%) of residents believe the same is true for their neighborhood. The City of Prior Lake has documented five hundred and ninety-nine (599) new cases opened in 2017. There were six hundred (600) cases closed in 2017. Some cases span years (e.g. opened in 2016 but closed in 2017). The information on violation totals is based on cases closed in the year 2017. Some cases have more than one violation documented. There were eight hundred twenty-three (823) violations addressed in 2017 for a decrease of a little more than one percent (1.1%) when compared to the eight hundred thirty- two (832) violations in 2016. 3 Violations were as follows Garbage & Refuse 79 Tall Grass 170 Right of Way 46 Vehicles Parked in the Yard 69 Junk Storage 62 Junk Vehicles 66 Public Nuisance 61 Permit Violations 91 Property Maintenance 128 Zoning Use 14 Signage 14 Animal Control 23 The attached Exhibit A displays the type of violations for the closed cases for the current reporting period. The attached Exhibit B displays a year to year comparison of complaints from the past three years. The attached Exhibit C displays the code enforcement violations compared over the last ten years. The attached Exhibit D displays the process used and time frame needed to resolve the violations for this reporting period. The exhibit displays the amount of cases where no action was required. The attached Exhibit E displays the source of the complaints for this reporting period. The attached Exhibit F displays the locations of closed cases for this reporting period. Additional items documented during this reporting period • Total Inspections 1411 • Total Violations 823 • Extensions of Time Granted 87 • Repeat Violator Properties 47 • Tenant Occupied properties with Violations 70 • Short Term Rental Cases 21, 12 Permits were Issued • Signs Removed 91 • Grading and Driveway Permit Cases 24 • Fees Because of Code Enforcement Actions $4,380.00 Cases are opened against property owners performing excavating, grading or driveway activities without a permit. Code enforcement continues to provide information to the public that permits are required when undergoing certain grading or excavating projects and driveway improvements. Enforcement actions on these types of violations are time consuming. To off-set the 4 additional costs, in accordance with the City Fee Schedule, properties that fail to obtain a permit are charged double the original fee. In addition, Code Enforcement also has oversite on the Short-Term Rental permits and the Short-Term Rental Ordinance. Conclusion Work continues to identify opportunities to refine our Code Enforcement Program to be sure we are responsive and accountable to our customers in providing good code enforcement services. Public awareness and public education outreach on the city codes are a priority and made available to the community and city staff. Voluntary compliance was achieved in over 98% of the cases this reporting period. For the most part, once a person with a code violation was made aware of code violations they resolved them in a timely manner. In fact, over 79% of reported code violations were resolved within 14 days of the initial inspection or when the person with the violation was first notified they had a violation. On average, over 92% of all cases were resolved within 30 days of the initial inspection. In 2018, we will continue to monitor the City ordinances and continue to recommend changes as necessary. Any ordinance changes that significantly affect the residents will be promoted by updates to the webpage, use of the digital monument signs, use of the Wavelength, and brochures created for specific significant code changes. Attached to this report is a copy of the full code enforcement presentation. In the interest of time, staff will not cover all the slides during the council meeting but will be available to respond to questions about all slides from the council. ISSUES: Six hundred (600) cases have been closed by either meeting compliance or being deemed invalid. Some cases opened in calendar year 2017 remain open. It is not uncommon for some cases to remain open due to pending investigations, court proceedings and/or continued improvements to a challenging property. Challenging properties can be defined as properties that required a certified mailing of a final notice, abating a violation or a citation being issued to resolve the violation at the property. These types of cases amounted to less than 8% of the all the cases but it is estimated they required more than 20% of code enforcement time and resources to resolve. Other added cost to challenging properties include the certified mailings expenses, office resources, and attending court. Code enforcement will continue to work on reducing the amount of time to resolve all violations especially challenging properties. Enforcement related to Emerald Ash Borer may generate future code enforcement activity as trees on private property become hazardous. FINANCIAL IMPACT: As the population increases, code enforcement cases would be expected to rise. At some point in the future it may be necessary to hire seasonal, part- time, or full-time personnel to assist in administering the case load. 5 RECOMMENDED MOTION: ATTACHMENT: Alternative #1 1. Code Enforcement Presentation (presented at 6/4/18 work session) ALTERNATIVES: 1. Motion and second, as part of the consent agenda, to accept the code enforcement full year-end report. 2. Remove this item from the consent agenda for additional discussion. 6 EXHIBIT A 170 128 91 79 62 69 66 46 61 23 14 14 21% 16% 11% 10% 8% 8%8% 7% 7% 2% 1%1% TALL GRASS PROPERTY MTC. PERMIT VIOLATIONS GARBAGE & REFUSE JUNK STORAGE YARD PARKING JUNK VEHICLES ROW PUBLIC NUISANCE ANIMAL SIGNAGE ZONING USE Percent of Total Violations & Number in Each Category # of Complaints % of Complaints 7 EXHIBIT B Year Totals 2015 - 919 2016 - 832 2017- 823 0 20 40 60 80 100 120 140 160 180 200 77 89 197 104 12 74 117 11 61 15 51 111 56 85 149 92 7 77 99 4 73 17 89 84 62 91 79 170 14 69 46 23 66 14 61 128 # o f V i o l a t i o n s Violations Categories Violation Comparison 2015-2017 2015 - 919 2016 - 832 2017-823Yearly Totals 8 EXHIBIT C 250 229 235 271 314 802 664 919 832 823 0 100 200 300 400 500 600 700 800 900 1000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Violations Comparison 10 Years 9 EXHIBIT D 86 388 79 38 9 14% 65% 14% 6%1% 0 50 100 150 200 250 300 350 400 450 5 DAYS OR LESS No Violation No Action Required 86 CASES >14% 14 DAYS One Notice 388 cases < 65% 28 DAYS Two Notices 79 cases < 14% 60 DAYS Third/Final Notice 38 cases > 6% Citation/Abatement Closed Cases 9 cases > 1% Pe r c e n t a g e Type of Notice & Length of Process to Resolve Violation/s PROCESS FOR CLOSED 2017 CASES QUANTITY PERCENTAGE 10 EXHIBIT E Anonymous/Combo Citizens Pro-Active Code Officer Internal Staff # of Complaints 91 265 182 62 % of Complaints 15%44%30%11% 91 265 182 62 15% 44% 30% 11% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 0 50 100 150 200 250 300 SOURCE OF 2017 CLOSED CASES 11 EXHIBIT F 2017 CODE ENFORCEMENT ACTIVITY REPORT City of Prior Lake June 4, 2018 ROLE OF CODE ENFORCEMENT The purpose of the Code Enforcement Program is to enhance the health,safety and aesthetics of the City of Prior Lake in support of the 2040 Mission and Vision Plan. Enhance the Quality of Life for Citizens by Providing Quality Services which Result in a Safe and Healthy Community. The Code Enforcement Program enforces City Codes and adopted City Policies both reactively and proactively,seeking voluntary compliance. CODE ENFORCEMENT PROGRAM REACTIVE CODE ENFORCEMENT: Types of Citizen Complaints: •Phoned in Complaints •Web Based Complaints •Field Complaints •Walk-in Complaints RESPONSE TIME: •Prioritize : Code Enforcement Policy •Receipt of Complaint Until Initial Inspection CODE ENFORCEMENT PROGRAM PROACTIVE CODE ENFORCEMENT –Observed Violations –Neighborhood Sweeps –Internal Observations –Similar Type Violation Neighboring Properties INSPECTION PROCESS •Initial Inspection: Pass / Fail •Violation Confirmed-Provide Courtesy Notice •Follow-up Inspection: Pass / Fail •Violation Remains –Notice of Violation Letter •Follow-up Inspection: Pass / Fail •Violation Remains –Final Notice of Violation Letter •Final Inspection: Pass / Fail •Violation Remains –Court Action / Abatement Staff will attempt to make contact with the property owner throughout the compliance process. If progress toward compliance is being made or the owner has reason for an extension, one will be given. Our ultimate goal is voluntary compliance. CODE ENFORCEMENT PROGRAM EDUCATION AND OUTREACH –Commitment to Respond to all Questions and Concerns, Phone, in Person, Email –“City Code Reminders” (Wavelength) –City Webpage Describing Common Violations –Direct Mailings –“City Newswire” City Weekly E-newsletter –Messages on the City Monument Signs –Yearly Update Presentation COMMON CODE VIOLATIONS EXAMPLES: •Overgrown Grass & Weeds •Property Maintenance (Siding, Firewood, Brush, Fence, etc.) •Permit Violations (Building, Setback, Grading, Driveway) •Disposal of Garbage & Refuse (Outdoor) •Public Nuisance (Erosion Control, Public Welfare, Snow) •Right Of Way (Blocking Street & Sidewalk) •Vehicle Parked In Yard (Auto’s, Recreational) •Animal Control (To Many Pets, Waste) •Storage of Junk (Outdoor) •Parking Junk Vehicles (Outdoor) •Zoning Use Violation (Home Occupation, Storage, CUP) •Signage (Permit, Placement, Duration) DISPOSAL OF GARBAGE & REFUSE TRASH CAN STORAGE UNLAWFUL STORAGE OF JUNK JUNK VEHICLES GRASS & WEEDS Undeveloped Lots Foreclosed Properties Private Residences Right of Ways PUBLIC NUISANCE Cleanup Fee RIGHT-OF-WAY Obstructions Trees / Bushes Signs RECREATIONAL EQUIPMENT Boats, Trailers, Jet Skis, Snowmobiles, Fish Houses Property Maintenance COMMUNITY SURVEY Code Enforcement Activity 2017 •Total 599 new / 600 closed cases •Total Inspections 1411 •Total Violations 823 •Extensions 87 •Repeat Violator Properties 47 •Tenant Occupied cases 70 •Short Term Rental cases 21 12 Approved •Signs Removed 91 •Grading and Driveway cases 24 Voluntary Compliance Code Complaints Violation Types CODE VIOLATION ACTIVITY 2017 170 128 91 79 62 69 66 46 61 23 14 14 21% 16% 11% 10% 8% 8%8% 7% 7% 2% 1%1% TALL GRASS PROPERTY MTC. PERMIT VIOLATIONS GARBAGE & REFUSE JUNK STORAGE YARD PARKING JUNK VEHICLES ROW PUBLIC NUISANCE ANIMAL SIGNAGE ZONING USE Percent of Total Violations & Number in Each Category # of Complaints % of Complaints CODE VIOLATION STATISTICS 0 20 40 60 80 100 120 140 160 180 200 77 89 197 104 12 74 117 11 61 15 51 111 56 85 149 92 7 77 99 4 73 17 89 84 62 91 79 170 14 69 46 23 66 14 61 128 # o f V i o l a t i o n s Violations Categories Violation Comparison 2015-2017 2015 - 919 2016 - 832 2017-823Yearly Totals VIOLATION COMPARISON 250 229 235 271 314 802 664 919 832 823 0 100 200 300 400 500 600 700 800 900 1000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Violations Comparison 10 Years On average 92% of cases were resolved within 30 days through voluntary compliance and over 98%of cases were closed by voluntary compliance within 60 days PROCESS FOR CLOSED 2017 CASES 86 388 79 38 9 14% 65% 14% 6%1% 0 50 100 150 200 250 300 350 400 450 5 DAYS OR LESS No Violation No Action Required 86 CASES >14% 14 DAYS One Notice 388 cases < 65% 28 DAYS Two Notices 79 cases < 14% 60 DAYS Third/Final Notice 38 cases > 6% Citation/Abatement Closed Cases 9 cases > 1% Pe r c e n t a g e Type of Notice & Length of Process to Resolve Violation/s PROCESS FOR CLOSED 2017 CASES QUANTITY PERCENTAGE COMPLAINANT SOURCE FOR 2017 CLOSED CASES Anonymous/Combo Citizens Pro-Active Code Officer Internal Staff # of Complaints 91 265 182 62 % of Complaints 15%44%30%11% 91 265 182 62 15% 44% 30% 11% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 0 50 100 150 200 250 300 SOURCE OF 2017 CLOSED CASES CHALLENGES/OPPORTUNITIES •Legal Process •Educating / Informing the Public •Maintaining a Positive Image of the City While Enforcing Ordinance Standards •Software Program •Trees affected by Emerald Ash Borer CODE ENFORCEMENT POLICY •Staff recommends that the City Council direct staff to review the code policy sections listed below and return at a future meeting with proposed revisions: •Code Enforcement Policy (II DEFINITIONS, Repeat/Recurring Violation) Repeat/Recurring Violation •A Repeat/Recurring Violation is a newly identified code violation on a property involving the same responsible party for the same or substantially the same violation as identified on a previous investigation within the last twelve (12) months. Note: the twelve (12) months is calculated from the date of the Initial Property Inspection. –Code Enforcement Policy (IIIA REACTIVE ENFORCEMENT) •III. REACTIVE/PROACTIVE ENFORCEMENT •A. REACTIVE (COMPLAINT BASED) ENFORCEMENT •The City of Prior Lake City Code, including but not limited to the Zoning Ordinance, and other regulatory •codes adopted by the City are principally enforced on a complaint basis. This is designed to encourage a •resident, neighborhood associations, block watch programs, or other City departments to actively •participate in the enforcement/compliance process. •In the interests of providing improved customer service, all complainants will be asked to provide a •name and contact phone number. Note: all recorded complainant contact information is maintained •confidential to the extent allowed by law. COMMENTS / QUESTIONS? Consent Agenda Recommendation A motion and second, as part of the consent agenda, to approve the 2017 year-end code enforcement report. Dale Stefanisko, Code Enforcement Officer Office: (952) 447-9811 Email: dstefanisko@cityofpriorlake.com