File #: 14-244    Version: Name:
Type: Ordinance Status: Adopted
File created: 6/3/2014 In control: City Council
On agenda: 6/24/2014 Final action: 6/24/2014
Title: Communication from the City Manager, Chief of Police, Community Development Director, and Corporation Counsel with a Request to ADOPT the Following: A. An ORDINANCE AMENDING CHAPTER 5 of the CODE of the City of Peoria Pertaining to REGISTRATION OF PROPERTIES, B. An ORDINANCE AMENDING CHAPTER 20 of the CODE of the City of Peoria Pertaining to CHRONIC NUISANCE RENTAL PROPERTY.
Indexes: Goal 1 - Financially Sound City , Goal 2 - Safe Peoria, Goal 3 - Beautiful Peoria, Have an efficient government., Reduce Crime, Reinvest in neighborhoods
Attachments: 1. Nuisance Program Report, 2. Chap 5 Registration Amendment, 3. CHAP 20 Chronic Nuisance Landlords_revised ver2, 4. Chapter 20 Sections 20-200 to 20-207
ACTION REQUESTED:  
title
Communication from the City Manager, Chief of Police, Community Development Director, and Corporation Counsel with a Request to ADOPT the Following:
 
A.      An ORDINANCE AMENDING CHAPTER 5 of the CODE of the City of Peoria Pertaining to REGISTRATION OF PROPERTIES,
 
B.      An ORDINANCE AMENDING CHAPTER 20 of the CODE of the City of Peoria Pertaining to CHRONIC NUISANCE RENTAL PROPERTY.
 
body
BACKGROUND:  Nuisance properties in the City of Peoria strain the resources of multiple City Departments and contribute to the instability of our neighborhoods.  During a meeting with Mayor Ardis, Councilman Grayeb, and Councilwoman Jensen, it became apparent that the majority of the nuisance properties are owned by a small group of landlords.  The Police Department and the Community Development Department have tools to address properties individually but through collaboration with the Legal Department, are proposing amendments to Chapters 5 and 20 of the City Code that will put the enforcement focus on chronic nuisance landlords.
 
The proposed amendment to Chapter 5 of the City Code will allow the suspension or revocation of the registration of a dwelling is a chronic nuisance property. In addition, any dwelling that has had its registration suspended or revoked cannot be rented or occupied by a non-owner. The owner must meet certain conditions in order to have the registration reinstated.
 
The proposed amendment to Chapter 20 of the City defines a chronic nuisance landlord as an owner of two or more properties that have been deemed as chronic or aggravated chronic nuisance properties, or the properties were used for illegal drug activities. The Police Department will make the initial determination that the owner is a chronic nuisance landlord and will send a written notice to the owner who will have the right to request an appeal of this determination. Once there is a final determination that the owner is a chronic nuisance landlord, the owner must have all his/her properties inspected and repaired for full Code compliance and take other remedial measures to ensure the properties will not become chronic nuisance properties.
 
Based on the input from the City Council at its June 10, 2014 meeting for the first reading of the amendments to Chapter 5 and Chapter 20 of the City Code, revisions were made to the proposed addition to Chapter 20 regarding chronic nuisance landlord. These revisions include the 18-month time period in which the chronic nuisance activities will rise to the level of the property owner being determined as a chronic nuisance landlord, factors that the hearing officer can use to decide whether to affirm the police chief's determination, and remedies available to the court to address a chronic nuisance landlord. Amendment to Chapter 20 of the City Code adds a new provision, section 20-208, to Article VIII Nuisance, but does not revise the traditional chronic nuisance property sections 20-200 through 20-206 and illegal drug use property section 20-207.
 
FINANCIAL IMPACT:  NA.
 
NEIGHBORHOOD CONCERNS:  Nuisance properties are a strain to multiple City Departments and have a negative effect on the quality of life of neighborhoods.
      
IMPACT IF APPROVED:  Additional tools with be provided to City Departments to place a greater emphasis on property owners and landlords who continually violate the City of Peoria ordinances.
 
IMPACT IF DENIED:  City Departments will continue to use the tools they have available to them to improve neighborhoods in the City of Peoria.
 
ALTERNATIVES:  NA
 
EEO CERTIFICATION NUMBER:  NA
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Attractive Neighborhoods with Character: Safe and Livable      
2. Financially Sound City Government, Effective City Organization
3. Grow Peoria: Businesses, Jobs, and Population
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Reduce crime.      
2. Reinvest in neighborhoods.      
3. Have an efficient government.      
 
DEPARTMENT: Community Development