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Memo- Council Work Session Discussion - Vacant PropertyPlanning & Economic Development MEMORANDUM TO: Rick Getschow, City Tana er FROM: Kersten Elverum, D ct r of Planning & Development DATE: December 3, 2009 SUBJECT: Council Work Session Discussion - Vacant Property Staff and the City Attorney have been discussing the basis for a vacant property registration ordinance and are prepared present a draft at the December 8, 2009, City Council work session. The intent is to assure long -term vacant property is maintained and returned to active use as soon as possible. Attached is a memo from Christopher Kearney, Building Official, outlining the current code requirements for vacant property, research regarding what other cities are doing and the status of orders on the Harrison Avenue properties. - --- Property aintenance & Vacant Buildings December 3, 2009 From: Elizabeth Page & Christopher Kearney - Inspection Division An amended version of the 2000 International Property Maintenance Code (IPMC) was adopted as part of City Code Section 405 in January 2003. The IPMC is part of the International Code Council family of codes that are adopted as the base for the State Building Code. It is compatible with state codes and city ordinances and is the main standard enforced in the city for property maintenance. 2000 International Property Maintenance Code The 2000 International Property Maintenance Code (IPMC) governs the maintenance of existing property and buildings whether they are occupied or vacant t. The provisions of the code apply to all existing residential and nonresidential structures and are minimum requirements and standards for land, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, for maintenance; and space requirements for determining maximum occupancy. It puts the responsibility of maintaining the structure and land the structure is built upon on owners, operators, and occupants, and addresses administration, enforcement and penalties. How it works Inspections are initiated by a scheduled routine rental inspection, a complaint or a sweep (either the entire neighborhood or as it is noticed because the inspector is in the neighborhood.) A written notice to bring the property up to the minimum code standards is mailed or handed to the property owner and occupants. Most life safety and sanitation issues are to be corrected within 7 days of the initial inspection and the re- inspection is conducted in 7 days; unless it is a smoke alarm which is a 24 hour correction and re- inspection. All other corrections are given 30 days to make the corrections and are re- inspected unless the weather does not permit the violation to be corrected or it is a large expense, in which case it would be longer. One other exception is if the unit has to be posted as Unfit for Human Habitation then the occupants are required to vacate within a specified timeframe depending on the violation. If the corrections are not made at the time of the re- inspection a FINAL notice is given or sent to the owner and /or occupant regarding the corrections. The second re- inspection date is usually half of the time period allowed at the first inspection; three or four days and two weeks. At the final inspection an administrative citation is issued if the property is not in compliance; ranging from $200 -$500. Extensions are granted when requested and appropriate. Vacant Properties The City Property Maintenance Code is being enforced the same for vacant and occupied properties. Most enforcement action on vacant properties are exterior issues as access inside is often unavailable. With home foreclosures sky rocketing over the past year and a half, many cities around the area have adopted an ordinance that requires vacant properties to be registered. Below is a chart with the findings of the cities we researched. City Registration Registration Time -Line For 1 vear ivith no code violation. Required Fee Registration Albertville Yes $100.00 7 Days after vacancy per violation(s). city ordinance definition Property vacant for 1 to 3 Type III $1,000 of vacant buildin Anoka Yes $200.00 + half the cost of 30 Days After building $3,000 more. permit fee to bring building into becomes Vacant compliance Brooklyn Center Yes " See Chart Below 30 Days After building becomes Vacant Crystal Yes $500.00 + $35.00 30 Days After building Administration Fee becomes Vacant Saint Paul Yes $5,000.00 Bond + $1,000.00 30 Days from City Notification Minneapolis Yes $6,360.00 5 Days After Building has been Vacant for 30 days * ** Brooklyn Center Vacant Property Registration and Inspection Fees are listed in the two charts below. Annual Vacant Building Registration Fee Property vacant for less than Type I $100 1 vear ivith no code violation. Townhome $195 Property vacant for less than Type 11 $400 1 year with 1 or more code violation(s). Property vacant for 1 to 3 Type III $1,000 rears. Property vacant for 3 years or Type 1V $3,000 more. Property Maintenance Verification Inspection Fee Single Family $195 Apartment /Condo $115 Townhome $195 Duplex $275 Status of Harrison Ave. S Properties 33 Harrison Ave. S: Open orders: Scrape and paint garage. Final notice mailed on December 2, 2009 to comply by June 15, 2010. Sweep (inspector) initiated (noticed while inspecting 37 Harrison Ave. S) 37 Harrison Ave. S: Open orders: Remove /replace rotten wood on house windows, fascia & soffits & to scrape and paint all peeling areas on house (windows, fascia, soffits, and any other areas peeling). Final notice mailed on December 2, 2009 to comply by June 15, 2010. Complaint received on September 18, 2009 that there were numerous violations at the property. 17 & 21 Harrison Ave. S: No inspections conducted, therefore no open orders. City of Hopkins Code Enforcement Flowchart Complaint Received Or Inspection Initiated No, Violation Does Not Exist Inspection - Does Violation Exist? Yes, Violation Exists 1 NOTICE Of Violation Mailed Or Hand Delivered Violation To Property Owner — Depending On Violation 30 Corrected Within Days To Comply * ** Life Safety Violations Are 30 Days Given 24 Hours To 7 Days To Comply Unless Property Is Posted Unfit For Habitation Violation Not Corrected Case Closed FINAL NOTICE & Citation Warning Letter Mailed To Property Owner; 7 Days To Comply Inspection Fees Invoiced, Assessed If Not Violation Not Corrected Paid Violation Corrected Citation Issued Violation Not Corrected Re- Inspection Appeals Hearing, If Requested; Hearing Officer Determines Whether Or Not Violation Exists And Amount Of Fine To Impose * ** More time may be allowed if the violation correction is a large project or if weather does not permit the correction to be made.