ACTION REQUESTED:
Title
Communication from the City Manager and Community Development Director with a Request to ADOPT an ORDINANCE Amending Chapter 5 of the CODE of the City of Peoria Pertaining to PROPERTY MAINTENANCE STANDARDS.
Body
BACKGROUND: Over the last two years, the Community Development Department has made major changes to the organizational structure of the Department to achieve greater efficiencies and deliver a more streamlined and effective service to the citizens of Peoria. Over the next few meetings, multiple code changes will be presented to City Council to continue forward on this path.
The attached changes to Chapter 5 of the City of Peoria code are minor adjustments to specific standards and how they are enforced in the City of Peoria. Historically, property maintenance standards have existed both in Chapter 5 and zoning codes of the City of Peoria. The Planning staff is finishing the Unified Zoning Code for the City of Peoria which will be presented to City Council in the near future. The proposed changes remove certain property maintenance standards and sections previously in the zoning code that staff feels belong within Chapter 5 to align with similar property standards. The change will allow for a smoother enforcement process and create less confusion for citizens. In addition to providing a more streamlined process for citizens, this will create greater efficiency within the Code Enforcement Division and allow inspectors greater jurisdiction to address a majority of property maintenance violations on properties.
The code sections that are being removed from the zoning code and inserted into Chapter 5 deal specifically with property standards and regulations. This includes obsolete signage, driveway/parking lot maintenance, and screening requirements.
Concerns raised from Council during first reading:
Gravel Driveways: The current ordinance changes are recommended by staff to be approved as written. New gravel driveways will continue to be prohibited and existing gravel driveways must be maintained. Staff will bring back additional information related to gravel driveways and storm water issues at the Council meeting May 24th, 2016 for a more in-depth policy discussion on allowing gravel driveways and recommended standards if that is the policy decision of Council going forward.
Staff Development and Training: All Code Enforcement Inspectors have been trained by our Senior Urban Planners regarding the proposed changes related to Chapter 5 and Chapter 13. Additional training will occur through weekly district meetings with Community Development personnel.
Additional work load for Code Enforcement Staff: In 2015, the Zoning Enforcement Inspector handled 419 cases. The average case load for a Code Enforcement Inspector was between 1500 to 2000 cases. A big reason for the difference in case load deals with the inefficiency of having one Inspector assigned to the entire City vs. a specific geographical coverage area. The Zoning Enforcement Inspector spent a significant amount of time in the vehicle traveling from case to case. The additional work load for each Code Enforcement Inspector equates to roughly four additional cases per month.
The change allows for additional Code Enforcement coverage through-out the City of Peoria. A Code Enforcement Inspector was assigned specifically to the 4th and 5th Council Districts for the first time since 2008. Over the last six years, Code Enforcement was complaint driven in the 4th and 5th Council Districts. The complaints were rotated amongst the existing eight Code Enforcement Inspectors. Essential this means that by eliminating that burden on existing Code Enforcement Inspectors, they will have additional time in their assigned areas and will not be pulled away from their geographical coverage area. In addition, staff was able to add an additional Code Enforcement Inspector to the South End of Peoria. The changes in geographical areas should minimize the effect of adding an average of four additional cases per month to each Inspector and reduces the burden of work assigned to Code Enforcement Inspectors. In addition, Inspectors now have additional tools and codes at their disposal to bring properties into compliance and reduce blight in neighborhoods.
Education outreach efforts: The Community Development Department will continue to put a strong emphasis on educational outreach of the proposed code changed and property standards. Additional educational material is being created related to Neighborhood Programming, Peoria Cares, Pest Control and Waste Disposal.
Citation Process: During the discussion, a question was raised regarding the citation process and when a citation is issued. Generally, Code Enforcement staff follow the following guidelines:
• If an occupied property has a code violation for the first time in a two year period, the Code Enforcement Inspector will post an ABATE at the property. The Code Enforcement Inspector will re-inspect the property in five days. If the code violation is corrected, the case is dismissed. If the code violation still exists, the Code Enforcement Inspector will issue a citation to the property owner and issue a work order to have the violation corrected at the owner’s expense.
• If an occupied property is a repeat offender and has had a code violation during a two year period, the Code Enforcement Inspector will use their discretion as to whether issue a citation when posting the ABATE notice. They use their professional judgement and evaluate the severity of the violation, the time between last violations, etc. After five days if the violation is not corrected, the Code Enforcement Inspector will issue a work order to have the violation corrected at the owner’s expense.
• If an occupied property is a habitual offender and causing major problems in the neighborhood, the Code Enforcement Inspector will utilize the escalating citation process and can issue a citation up to $500 for each violation for each day the violation exists.
• If a property is vacant and not being maintained, the Code Enforcement Inspector will use their discretion when issuing a citation on the first offense. Often the Code Enforcement Inspector will choose to issue a citation for tall grass on a vacant property on the first offense to prevent future issues. Code Enforcement staff are not property managers.
It is important to note that these are general guidelines followed by Code Enforcement personnel. The Code Enforcement staff is very professional, certified in property maintenance, and have multiple years of experience. The main goal of issuing a citation is to prevent future violations, not to raise revenue. Code Enforcement Inspectors use their professional judgement when a citation is appropriate and it may be on the first violation depending on the severity or issues it is causing for the neighborhood.
In addition, all citations go before the Administrative Hearing Officer. If a citizen wishes to dispute a citation, their first recourse is to speak to the Inspector if they feel the violation was issued in error. If the Inspector feels the citation was appropriate, the citizen should ask to discuss the issue with management. If management feels the citation was appropriate, the citizen is always granted due process and allowed to present their case before the Administrative Hearing Officer. Code Enforcement Inspectors have photos related to every citation issued. When a citizen inquiries about the citation, the discussion is not how to get out of a citation, rather how to ensure a citizen is aware of why they received a citation and what they need to do in the future to ensure they don’t get additional citations. As was stated in the editorial to the Journal Star on December 26th, 2015, “Code enforcement is not an easy or glamorous job, but one made necessary by property owners who care little for their property and even less for their neighbors or community.” Citations are a necessary tool to combat blight and change the behavior of people uninterested in being a good neighbor. Properties that do not have code violations do not receive citations for code violations.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS: Service delivery to the citizens of Peoria will be enhanced based on additional tools for the Code Enforcement staff.
IMPACT IF APPROVED: Environmental enforcement and environmental property maintenance standards will be combined into one section of the City of Peoria Code.
IMPACT IF DENIED: Code sections will not be moved.
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. Reinvest in neighborhoods.
2. Have an efficient government.
3. Grow employers and jobs.
DEPARTMENT: Community Development