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HomeMy WebLinkAbout02-18-20 Public Services Committee MinutesDUBLIN CITY COUNCIL Public Services Committee Tuesday, February 18, 2020 Council Chambers Minutes of Meeting Chairperson Fox called the meeting to order at 6:56 p.m. Committee Members present: Ms. Fox, Ms. De Rosa, Mr. Reiner. Staff members present: Ms. Rauch, Ms. Readler, Ms. Noble, Mr. Boggs and Mr. Jones. Property Maintenance Code & Enforcement Ms. Noble stated that she had begun her research on this topic a year ago with the objective being to talk to other communities about issues regarding property maintenance; specifically, the issues they are having in their communities and what avenues they are pursuing to deal with those issues. She found that: • All communities she spoke with have adopted the International Property Maintenance Code; • For the most part, property maintenance violations are discovered due to complaints received; • Many of the entities began experiencing issues with rental and vacant properties when the country was experiencing the recession (2007-2008); • Various communities within our region have begun a registration process with rental properties. The registration process requires that they have a contact person listed that is local. It is an annual process with an annual fee. • The City of Urbana, regarding vacant properties, started the registration process for vacant properties and began a demolition process if the properties were deteriorating beyond a certain point. Within one year, out of 100 properties identified, 38 were demolished due to property owners not wanting to address the maintenance issues. Ms. Noble stated that the City of Dublin's vacancy and rental property rates are much lower than the communities she contacted in her research. The processes identified, however, would be quite simple to implement. Staff would have to: identify the properties, identifying the owners and registering a contact person locally, collect the fee and have them catalogued. Mr. Reiner agreed that the City of Dublin does not have the same issues with old homes needing demolition. He liked the first process of registering owner and contact information for someone local for rental and vacant properties. In response to Vice Mayor De Rosa's question regarding Franklin County already having a registration process, Ms. Noble stated that they do have a registration process. Ms. Noble stated that the City does have access to that information, however, Franklin County may not do the level of research that some communities do. In response to Mr. Reiner's question about number of units, Ms. Noble stated that it is single-family home rentals for which Franklin County requires a registration. She also noted that if a home in Marysville or Urbana goes into foreclosure, it is automatically registered as a vacant property. Public Services Committee February 18, 2020 Page 2 of 10 Ms. Fox stated that there are two topics being discussed: property maintenance and vacant houses. She stated that the legislation is different for the two of these topics. She noted that the City is still using the 2009 International Property Maintenance Code when a newer 2018 version exists. She asked Mr. Jones if this newer version was significantly different from the 2009 version. Mr. Jones stated that there are no substantial changes to the Code. Ms. Fox asked Mr. Jones to explain what kind of chronic problems he deals with. She commented that the 2018 version of the Code seems to have some substantial language in it for enforcement. She asked Mr. Jones if it has been difficult to enforce and if so, why. Mr. Jones shared pictures of some of the enforcement issues he encounters. Ms. Fox asked if the pictures represented common problems. He stated the pictures represent 2-3 cases a year. Exterior issues are not unusual. The hoarding issues are what the code is for, it is not for aesthetics, rather it is to ensure health, safety and well-being of the residents and structural integrity. Ms. Fox stated issues like broken windows and peeling paint on the exterior for example, are addressed in the International Property Maintenance Code. Mr. Jones stated that regarding the premise condition, there are code sections in the Nuisance Code (§153.076), that can deal with situations that may not rise to the level of a property maintenance issue. Ms. Fox asked what steps he takes to remedy a situation such as those illustrated in the pictures. Mr. Jones stated that an Administrative Order (A.C. 8.5) dictates the steps he must complete. He stated the steps are very important because they are all criminal actions and can have fines imposed. The procedure is: • Probable cause; • Send violation notice — giving 10 or 20 days to reach compliance; • Property owner has 20 days to file an appeal; o If an appeal is filed, the process stops until the Board of Zoning Appeals hears the case; o If no appeal is filed, Legal department will continue to court • Case will go to either Mayor's Court or Environmental Court Mr. Reiner asked about the time frame once it goes to the Legal Department. Mr. Jones stated that 98% of his cases are handled without getting to that step. Ms. Readler stated that, of the few cases that do advance to Legal, they will still be given an opportunity to comply, and if they refuse, then Legal staff will seek remedies such as fines. Mr. Reiner asked if there are any areas that require a warranty deed to be signed when someone moves into the community that pertains to property maintenance other than Muirfield. Mr. Jones stated that he doesn't receive many calls from Muirfield unless it is a situation that the HOA could not remedy themselves. Ms. Fox inquired about the vacant houses that are not in compliance. Mr. Jones stated that a vacant property could mean either an absentee owner or a foreclosure. Staff has, in the past, had to secure vacant properties and charge the property owner for the costs of doing so. It is important to make sure that vacant properties are secured so kids, animals and such don't get into the property and cause a problem or safety issue. Public Services Committee February 18, 2020 Page 3 of 10 Ms. Fox stated that boarding the windows is not property maintenance, and she has seen houses that are clearly vacant with the windows boarded up with plywood. She inquired as to why it seems to be difficult to enforce property maintenance on those properties and why the avenues offered in the 2009 property maintenance code have not been utilized. Ms. Readler stated that this issue hasn't been discussed among staff members, but certainly can be. She stated that Mr. Jones has indicated that he doesn't always know where the issues are. She stated that she is happy to explore enforcement options if a particular building is in mind. In response to Mr. Reiner's question about how code enforcement becomes aware of properties in disrepair, Mr. Jones stated that if someone calls the City to report a building, the call will go to code enforcement directly. Mr. Jones reiterated that property maintenance is about the health, safety and welfare of the residents. If it is aesthetics that concerns the committee, Mr. Jones stated that there are two sections of the codified ordinances that address aesthetics (§153.076). [Mr. Jones read this code section aloud). Mr. Reiner asked what a reasonable time is meant to be and whether or not a specific time should be stated. Ms. Readler stated that there are a variety of issues that could need to be resolved with varying complexity. Ms. Readler stated that the word "reasonable" is a commonly used word. Ms. Fox stated that the International Property Maintenance Code has strong language regarding property maintenance. Could the City be stricter about what is required and apply a higher level of property maintenance than has been done in the past? Ms. Readler stated that the International Property Maintenance Code can be used in conjunction with the Dublin code and would give flexibility and allow the City to go beyond where they have gone in the past. Ms. Fox asked if certain sections had to be adopted or the City just uses the whole International Property Maintenance Code, so applicable sections could be applied as needed. Ms. Readler stated that the City has a lot of capability with what we have currently in the Code. Mr. Jones stated that the level of aggression in enforcing the Code is up to City Council. He stated that City Council dictates how aggressive Code Enforcement can be. He added that the goal is compliance not punishment. He stated that many times the issue may be mental health related or the result of an elderly person who doesn't have the ability or the means to maintain the home. Mr. Jones stated that with the Code amendment in 2017, there is now a progressive penalty. Staff has not used the progressive penalty yet. Most of the people in the City are not purposely violating the Code. In response to Ms. Fox's question regarding resources, Mr. Jones stated that they may try to contact a family member, use Volunteer Services, consult with the Health Department and their network of social services to offer assistance to those who need it. Some issues exist on the inside of the home when the outside is in compliance. Mr. Jones stated that this community comes together very well to help others. Ms. Fox asked Mr. Jones what the needs are within the Code Enforcement Department to be able to do their jobs effectively. Public Services Committee February 18, 2020 Page 4 of 10 Mr. Jones stated that a third full-time Code Enforcement Officer was added in January of 2019. The code amendment in 2017 is very helpful as the department works toward implementing what is already in the code. Registration for vacant properties would be very helpful. In response to Vice Mayor De Rosa regarding regular monitoring of properties, Mr. Jones stated that they are able to monitor. He noted that staff cannot just walk onto properties without probable cause. They are working on an education campaign to be aware of cultural differences. Mr. Reiner agreed that cultural issues are difficult to address. He thanked Mr. Jones for his humanitarian side. Vice Mayor De Rosa asked if he has noticed whether or not the education about expectations for property maintenance has helped. Mr. Jones stated that he believes it has helped. He added that he and the other Code Enforcement Officers are walking the neighborhoods more, talking with people, helping them to correct issues. He would like to change the perception that Code Enforcement Officers are trying to offer assistance, not punish. This community is full of helpful people. He would like to continue to educate and he stated he likes the beautification programs because it gets people involved. Ms. Fox asked if there was a pamphlet or anything in writing that realtors could give their clients. Ms. Rauch stated that there is a whole section of the website that is dedicated to keeping Dublin beautiful. She added that the Code Enforcement Officers are building relationship and rapport with the residents to discover the issues and get compliance. Ms. Fox stated that if there are any other education efforts that could be done, she would like to know that so it can be incorporated into recommendations to Council. Vice Mayor De Rosa asked if a registry would also be helpful. Mr. Jones stated that if interior was incorporated into inspecting rentals, they would need to be inspected every year or every two years. He expressed concern over having the manpower to accomplish that. If only exterior is considered, then a registration identifying owners and contact information would be helpful. As long as they are not responsible for interior, such as working smoke detectors, fire extinguishers, etc., that would be best. Ms. Fox asked if rental properties are the majority of problems or are they not a big problem. Mr. Jones stated that the rentals are not major problems. The most beneficial measure is having a contact with an owner. Ms. Fox stated that the Franklin County website currently has the owner information as they require registration. Mr. Jones stated that they do currently use Franklin County's website. If it is a case of an absentee landlord, that can be difficult. Ms. Fox asked if there was a way to penalize people if they don't respond to an inquiry. Mr. Jones stated that it is currently not in the Code. Ms. Readler clarified that in the Code, it does allow a separate punishable offense for each day after the five-day abatement. Mr. Boggs explained that a minor misdemeanor is punishable by fine of up to $150.00. It can be a daily offense, but this is in the criminal realm, so it would go through Mayor's Courts. There must be a person to serve notice upon and they would be entitled to due process. The Civil type of citation has a different procedural standard. There have been two instances over the last few years that have gone through the Environmental Court Public Services Committee February 18, 2020 Page 5 of 10 process for particularly hazardous properties; one was a building code issue and the other the City remedied the property maintenance issues and attached the cost to the property's taxes. Ms. Fox stated that she understood through her own research that there are a few important points regarding vacant properties. The owners should be aware of the allegation of ownership and what codes and regulations apply; and they must meet minimum standards of maintenance. Registration, as it is set out in the vacant property ordinance, should include the following: • a clear definition of which properties need to register, • the procedure to follow and what information is required, • there is a fee structure involved for registering, and • describes what is expected and what will happen if compliance is not achieved. She also read that registering the property rarely works unless an incentive is offered to re -use the property. The goal is that the property will not just continue deteriorating. Some communities refund a fine to a property owner if compliance is reached in a certain timeframe. Ms. Fox asked specifically about the City of Marysville. Ms. Readler stated that she has had some experience personally with vacant properties, but how many properties are there that need to be addressed in Dublin? It seems that the goal of registration is to get the property owners to be responsive. Are there vacant properties currently for which we are not getting a response? She stated that there are many things that can be addressed with the codified ordinances we currently have. Ms. Noble stated that many times it is a scenario that a family member has passed and there is no immediate family in the area. Ms. Fox asked how many vacant homes exist in Dublin. Mr. Jones stated that there is a very low rate of vacant homes in Dublin. He stated there may be twenty or so properties that are considered to be abandoned. Ms. Fox stated that the problem is they just continue to exist, are not being sold or marketed. They just continue to exist until they deteriorate and become a health and safety problem. She would like to prevent this problem from happening because it also brings property values down. She suggested looking at the vacant building ordinances and see what sections should be incorporated into our codified ordinances to give the desired results. Ms. Readler suggested that they research the topic and bring back to the committee some recommendations on revisions if needed. Ms. Fox suggested that Mr. Jones collaborate with the legal department to see what he think would be effective. Mr. Boggs asked if this discussion was about residential vacancies or if commercial buildings were to be included in this as well. In response to Ms. Fox's question about commercial properties, Mr. Jones stated that commercial vacancies are not a huge problem. Ms. Fox stated that there are a few in the Historic District that have existed as vacant for a while. She would like to require the maintenance of a vacant property as though it were not vacant. Public Services Committee February 18, 2020 Page 6 of 10 Mr. Boggs asked clarifying questions about the intent of the committee regarding taking other legal avenues to prevent demolition. Ms. Fox stated that the goal is to prevent known deterioration because it is not fair to everyone else who must comply. Vice Mayor De Rosa asked why there must be a separate ordinance for vacant properties. If the requirements are set out in the code, why would it matter if the property was vacant or occupied? Mr. Jones stated that there should not be a distinction. The requirements are the same for everyone. Mr. Jones noted that the State of Ohio will no longer, as of last year, permit the use of plywood to board up a home. There is a material that secures the property that is see through but still secures the property. Ms. Fox stated that registering with the City of Dublin would be important for safely entering the property. Mr. Jones stated that registering would be beneficial if it would give the City the ability to inspect the property inside with probable cause. Inspecting only the outside of the property may not allow the inspectors or enforcement officers to see issues occurring on the inside. Mr. Reiner asked what defines vacant. Mr. Jones stated that the timeframe would need to be defined as part of the ordinance. Mr. Boggs stated that there is not a universal standard on timeframe of a property to be considered vacant. It would be more about a property that is being neglected for maintenance and has no marketing efforts taking place. Vice Mayor De Rosa stated that it sounds like the ability exists in the code to get the results we want with properties. Ms. Rauch stated that is true for the exterior of the property. Ms. Readler noted that the City contracts with Franklin County to take care of the interior issues of properties within Franklin County. In response to Vice Mayor De Rosa's question, Ms. Readler stated that staff may be notified of an issue through a notice from a peace officer or firefighter for example. Ms. Fox stated that the City does not have the right to enter a vacant property. She stated that the interior can create many issues of safety on a property. She believes registration is needed to give them ability, through the code, to inspect the interior of a property if necessary. Mr. Jones stated that currently, if there is probable cause to believe there are issues inside the property, they could get permission to go inside the property. There are some legal avenues that can be used to be able to enter a property if it is necessary. Mr. Boggs clarified that if circumstances exist, such as many exterior maintenance violations, to allow someone to reasonably suspect there are interior issues as well, they can state those issues in an affidavit and request a warrant from a judge. The judge can grant the warrant to enter to property. Mr. Boggs stated he would not recommend entering a property without a warrant unless there is a clear, immediate emergency. Ms. Fox stated that it could help incentivize owners to reuse the property or rehabilitate the property. Vice Mayor De Rosa stated that it sounds like we have the code and infrastructure to handle the issues that arise today. It sounds like Council as a whole would need to decide and direct that more emphasis would be put on maintenance of properties. Mr. Jones stated that was correct; it is up to Council how strictly the Code is enforced and what type of approach Council would like to take. He stated that staff needs to be Public Services Committee February 18, 2020 Page 7 of 10 able to verbalize the violation and be able to communicate how compliance can be achieved. In response to Mr. Reiner regarding if there is a way to tighten the approach without violating rights of people, Ms. Readler stated that it depends on how aggressive Council wants to be with the Code that we have. Vice Mayor De Rosa stated that the suggestion is to be more aggressive with cases where there is on-going neglect. Ms. Fox summarized by stating the recommendation is to update our code to incorporate the 2018 International Property Maintenance Code and explore vacant property ordinances to see if there is something that should be added to our Code. Avery-Muirfield Right -of -Way Landscaping Mr. Earman stated that as a prominent "gateway" through the community, the Indian Run Meadows Planned Unit Development text from July 1986 includes a roadway landscape buffer requirement for the development. The buffer extends nearly a mile just south of Valley Stream Drive to the northern edge of Scottish Corners Park, on both sides of Muirfield Drive. The landscape treatment is applicable to residential, institutional and commercial properties, and also includes landscaping standards for the Muirfield Drive median. The PUD requirement was that: • Within every 300' segment: 0 15 Evergreen Trees 0 7 Shade Trees 0 6 Ornamental Trees • They were planted in the 1980's; and • There is an existing ten -foot easement at the rear of the lots for private utilities. Neither the development text nor any of the residential plats for Indian Run include language regarding the responsible party for maintenance and upkeep of this buffer. A health assessment was performed on all the trees along this corridor, which discovered over 100 trees missing or in poor condition. Mr. Reiner clarified that legally planting a tree in a utility easement is permissible, but the utility has the right to remove the tree if it becomes necessary. Mr. Earman stated that was correct. The standard for the median requires more than 60 new evergreen trees to be planted; however, due to current engineering standards for intersection sight distances, there is space for only 12 new evergreens. These trees will be planted early this spring to achieve minimal compliance on the City maintained property. Mr. Earman stated that challenges exist, such as: • Private properties; • Right-of-way limitations; • No public landscape easements; • No active Homeowners Association; • Resistance to comply; • Cost per property ranges from $500-$9,000. The average is approximately $2,500.00 Mr. Earman stated that several options were proposed to Council in 2019. They are: Public Services Committee February 18, 2020 Page 8 of 10 • Enforce the current landscape requirements per the development text and hold each landowner accountable for violations to the existing standards; • Develop a planting plan and voluminous pricing discount for property owners through a bidding process; • Establish landscape easements — City maintains the corridor; and • Establish a "Greenway Enhancement Grant Program." Mr. Earman stated that staff received direction to inform residents of the history, compliance requirements and responsibility. Two letters were sent to residents and staff met with multiple property owners on site. Median planting will take place in the Spring. Mr. Reiner stated that he believes it would be prudent to recreate the barrier that was once on the east side and pay for it. The trees could be purchased wholesale. Mr. Earman asked Ms. Readler if it was okay to plant landscaping in a 10 -foot utility easement. Ms. Readler stated that the language of the easement would have to be reviewed. Mr. Reiner stated that it is possible to plant in a utility easement as long as it is understood that if the utility has to excavate, the landscape could be lost. He stated that he would like to see a program established to replace the spruces and hide the backs of all the houses. He would also like Planning staff to consider putting berms in the designs that come forward so this would not be a continuous problem. Ms. Fox stated that she would make a note of Mr. Reiner's comments for PZC. Ms. Fox clarified that staff's recommendation is to establish landscape easements and have the City maintain the corridor. Mr. Earman stated that it would normally not be his recommendation, but in this scenario it is likely the only way to fix the problem. The issue may come up that there have been people who have invested money to comply and maintain the property. It seems unfair that other property owners will have it taken care of free of charge by the City. Vice Mayor De Rosa stated that some residents have done a terrific job of maintaining their property and there are others that may not have known it was their responsibility. She does not see this as a Muirfield Drive activity, but more of a City-wide greenway enhancement. If the City developed a program that addressed different areas and see if there are volunteers to help address the problem areas, it may not feel like the City is forcing them, but asking them to join the effort. Mr. Earman stated that corridors could be identified as investment corridors. Vice Mayor De Rosa agreed and believes that if people could see the impact, they may be more inclined to volunteer. Mr. Reiner stated that we could also incorporate the City purchasing the trees and bid out to install them. Vice Mayor De Rosa stated that if the City purchased the trees, then they are accomplishing the streetscape look desired. Ms. Fox stated that in a landscape easement, someone has to plant it and maintain it, so what will happen in 15-20 years? Mr. Earman stated that a clause needs to be added to the easement that the resident will either comply with the easement or comply with the Code. Vice Mayor De Rosa stated that it should be started in a voluntary way. Public Services Committee February 18, 2020 Page 9 of 10 Mr. Earman recommended that staff write a report to Council recommending Council adopt a new Greenway Protection Corridor and incorporate it into the budget cycle. Ms. Fox stated that easements are perpetual, so she would like to identify the visual greenways that are important to keep maintained in the City. Mr. Earman agreed and stated that his initial recommendation would be to start with one corridor as a pilot program prior to determining other corridors. Vice Mayor De Rosa stated that she would prefer to see a couple of corridors in the pilot program. She believes it should be voluntary, but she is uncomfortable with only one corridor being part of the pilot program. Ms. Fox stated it would be good to identify a few to start. Vice Mayor De Rosa stated that this could be prioritized, but staff should bring forward a few others. Ms. Fox summarized that Mr. Earman will bring a recommendation for a voluntary easement program and recommend some visual greenway corridors that can be part of a pilot program. Frantz Road — St. Andrews Village Apartments Landscape Buffer Mr. Earman stated that the analysis that was done has identified 26 evergreens that are missing. Landscape notices and non-compliance letters have been sent to property owners. All trees will be replaced this year (2020). Bridge parapet "Dublin" options Mr. Hammersmith stated that Council asked staff to explore options to make the word "Dublin" stand out on the Bridge parapet. It is important to note that per ODOT Aesthetic Guidelines, the color must match the painted structural steel beams. There are three options identified: • Seal and stain just the word "Dublin," at a cost of approximately $10,000; • Seal the word and rope design — estimated to be $15,000; • Apply a sheen or sealant, which could be a different color. Ms. Fox stated that she does not think the green color looks good. Her research revealed a couple of things that could be done. She said if concrete is to be stained, they use either acid to color it, which doesn't fade; or water-based that would likely fade. It is also possible to polish concrete, which she believes would give some dimensions to the letters. Mr. Reiner stated it would have to stand out enough. Mr. Hammersmith stated that we would have to find out how each option would fade. Ms. Fox stated that these elements are not usually painted. Mr. Reiner stated it would be nice to be able to shadow every letter to make it more readable. Ms. Fox stated that Creative Design Solutions was the original artist. She would like to have some professional advice on how this can be enhanced. Vice Mayor De Rosa agreed. Mr. Hammersmith agreed it would be better to talk with a professional artist to advise on options. Public Services Committee February 18, 2020 Page 10 of 10 The meeting was adjourned at 9:16 p.m. __Jennifer Delgado________ Deputy Clerk of Council