TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manger
Dr. Gerald Newton, DEL, AICP - Development Services Director
David Steinmetz, Assistant Development Services Director
FROM: James Rutherford, Housing & Code Enforcement Division Manager
DATE: October 2, 2023
RE:
Title
Reducing Compliance Times - Code Enforcement Actions, Dangerous Building Demolition Strategies, Nuisance Property Management
end
COUNCIL DISTRICT(S):
Council District(s)
All Districts
b
Relationship To Strategic Plan:
Strategic Plan and Performance Results
Goals FY 2029
Goal 4: Desirable Place to Live, Work & Recreate
Objective 4.2 - Improve and maintain proactive and consistent code enforcement throughout the City
Executive Summary:
The Administrative Report attached provides an update on Code Enforcement Compliance Time data and provides options to reduce the compliance times on many cases. The report also shares current Dangerous Building case data with demolition strategies/projections. Presentations previously shared with City Council on related material have also been attached.
Information on the Code Enforcement Nuisance Property ordinance and case data has been added for review by City Council.
Background:
During the August 7, 2023, work session City Council directed staff to research options for shortening Code Enforcement Compliance Times. Code Enforcement was also tasked to prepare a report covering Dangerous Building Demolition Strategies. Included with the attached Administrative Report were two power point presentations previously shared with the City Council during the October 4, 2021 and March 6, 2023 City Council Meetings. At the September 25, 2023 City Council meeting, the information was reviewed and set to be brought back to the following City Council work session.
Over the past five years, Code Enforcement has managed an average of 13,470 cases each year of which 68% were proactive or Officer Initiated.
Since 2015, Code Enforcement has managed 978 Dangerous/Blighted building cases. Each year, Code Enforcement initiates and manages roughly 140 new Dangerous building cases with 150 to 170 open at any one time. An average of 23 properties are brought to City Council each year for a demolition ordinance. An average of 15 buildings per year are demolished by the city using those ordinances (balance are repaired or demolished by owner prior to city action)
The Nuisance Property code has been in place since 2019 and has generated 231 cases where warning notices were issued and 17 cases where the property was found to be a nuisance property and issued a civil penalty.
Issues/Analysis:
-Reducing Compliance Times
For the majority of Code Enforcement cases, the current required compliance time is set at 10 business days from the date of the Notice of Violation. A look at FY23 data shows that 94% of the 13,754 Code Enforcement cases were closed. Solid Waste cases represent the majority of Code Enforcement cases and they were closed in an average of 19.3 days. Overall average for all case types was 31.2 days. By comparison, the City of Wilmington managed only 3,088 cases, closed only 85% from FY23 and their average time to close was 54.1 days or 70% longer than Fayetteville.
Solutions to reduce some compliance times include:
1- Pursue an ordinance change for compliance from ten business days to ten calendar days.
2- Pursue an ordinance change to require compliance time from ten business days to eight business days.
3- Pursue an ordinance change to allow city the option to go straight to abatement and bill/lien property using powers granted to the city in the General Statute.
4- Pursue an ordinance change to allow city the option to issue citations for verified violations without prior issuance of a NOV.
5- Utilize provision in current city code to assess the Administrative Fee of $200 on all Chapter 22 (Solid Waste) violation cases that are not in compliance by the compliance date.
6- Remove some or all extensions in compliance times that are not required.
-Dangerous Building Demolitions
The current Dangerous Building case process includes 47 steps (50+ if an appeal of the Hearing Order is made). Of those steps, many take place outside of the control of Code Enforcement Division. Examples of those external steps include Title Searches, Asbestos Testing, Bidding, Bid Tabulation, Contracting, Contract Routing, Creation of Purchase Orders, Permit Authorizations from required vendors/organizations, and Site work at the demolition location. Some steps completions or durations depend on day of the month, month of the year and/or City Council meeting schedules. The following list of opportunities that could work to reduce dangerous building compliance times was presented at the March 6, 2023 City Council work session
-Time from discovery to action
-Length of hearing orders beyond minimum required by state law
-Automatic advertising of all hearing notices
-Elimination of extensions specifically after Council has approved ordinance
-Taking action not withstanding issued permits or ongoing work
-Council accepting consent items at more meetings
-Lis Pendens filed on all properties upon discovery
-Dedicated inspector, administrative staff and hearing officer
Changing policy and practices would come at the expense of increased appeals, increased legal challenges, increased cost to the city for additional staff, filings, mailings, testing and contracting.
Current Dangerous Case Status
The chart below shows the number of cases and where they are in the Dangerous Building case process.
Category Number
1-Ordinance passed City demo pending 8
2-Ordinance passed ECD demo pending 7
3-Ordinance passed demo delayed due to extension/hold 6
4-Pending council approval September 5
5-Pending council approval October 6
6-No compliance available to take to council 7
7-Hearing order compliance past, repairs being conducted 6
8-Hearing order compliance pending 0
9- Hearing Notice pending 17
10-Correction Notice compliance pending 1
11-Pending title search request, return, Notice mailing 41
12-Owner Demo Pending 7
13-Under repair no hearing 19
Total 130
Demolition Funding
Current Demolition Budget FY23 $160,000
Current Available $139,700
Anticipated ECD contributions $30,000
Total available $169,700
Funding needed (thru 12/31/2023 est.) $243,900
Funding shortage (thru 12/31/2023 est.) $74,200
Anticipated demolitions (1/31/2023 thru 6/30/2023 est.) $285,000
Total funding shortage (FY23 est.) $359,200
-Nuisance Properties
In 2019, City Council amended the code of ordinances to add a section to Chapter 14 to establish accountability for property owners with repeated violations. Chapter 14-131 states a Nuisance Property means with the exception of un-developed lots as defined in Chapter 22, Section 22-3, any property that has been found with more than three verified violations (for specific Chapter 22, Solid Waste or Chapter 16, Vehicles violations) in the previous 12-month period, whether those violations have been resolved by corrective action or not. A nuisance property is no longer a nuisance property when there have been no verified violations within 12 months of the last verified violation.
Each month a scan of all qualifying case types is conducted to determine if any properties have reached three violations in the previous 12-month period. If found, a case is opened and a warning notice is issued. If a fourth violation is verified in the 12-month period, a Finding of Nuisance Property Notice is issued. If the Findings Notice is not appealed, then a civil penalty is issued per the code.
Number of cases with warning notices issued 231
Number of properties with findings and citations issued 17
Number of properties with multiple citations 5
Current open nuisance property cases 0
In the past, the Police Department has taken action to cease the operation of nuisance businesses that served as a constant sources of criminal activity by filing law suits. In 2009, the City was successful in shutting down a nightclub. In 2013, the City used the same process to gain compliance from the owners of a large apartment complex. In the case of the apartments, the owners agreed to and met a series of requirements. In the case of the nightclub, the business was closed and a few years later the entire building was demolished as a dangerous building.
The Police have had focus on other properties in the city and have investigations and cases pending.
Based on Police reporting and coordination, Code Enforcement has discovered and acted on numerous code violations.
Budget Impact:
TBD
Options:
1) City Council moves to decline further action on proposed strategies;
2) City Council moves to accept all proposed strategies;
3) City Council moves to accept proposed strategies with modifications;
4) City Council moves to accept only specific strategies;
5) City Council moves to accept only specific strategies with modifications;
6) City Council moves to return this time to staff with requests for additional information.
Recommended Action:
Staff recommends that Council provide direction to staff.
Attachments:
-Administrative Report
-PowerPoint Presentation
-PowerPoint - QuEST Presentation from October 4, 2021 work session
-PowerPoint - Dangerous Building Case Process Policy from March 6, 2023 work session