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: April 1, 2024
RE:
Title
Code Enforcement Compliance Times Report
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 report provides an update on discussion items requested by City Council, actions taken to impact code violation compliance times and current Dangerous Building case data.
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. At the October 2, 2023 City council work session a presentation provided current information and possible options to reduce compliance times. City council members had discussion and moved to accept the proposed options with modifications to be determined.
Issues/Analysis:
-October 2, 2023 City Council Discussion Items Assigned to Development Services Department
1 - Mayor requested Raw data and comments from customer surveys.
Assigned to Development Services
Development Services complied this information and provided to the City Manager.
2 - Seemed to be willingness to get a 3rd party customer survey.
Assigned to SPA & Development Services
Development Services is currently expanding their role in the customer service survey by proactively reaching out to customers that have recently completed a project.
3 - Can we come up with a way to help those who need help? "Property Maintenance of those who can't" (CM Ingram) [City Manager> ACM Olivera> ECD&Code Enforcement
Assigned to ECD and Development Services
Development Services (Code Enforcement) currently provides ECD contact information to customers that may be able to utilize available ECD services. Code Enforcement has compiled list of agencies and organizations with programs that assist with housing and housing repairs. See attached list.
4- Can we bundle("do a full concentration") the backlog of demolition items? (CM Jensen)
Assigned to Development Services & Finance
Other departments are involved in the demolition process as well as outside contractors. Bundling or creating larger projects could actually slow down the process and create the opposite desired result. Project pricing (bids) must be per parcel due to need to assess individual parcels and owners the actual costs for demolition. Bundled pricing would not be able to be assessed to individual properties. Bundling also creates the possibility that the bundled price could be higher than the individual pricing currently use. Chart included as attachment.
5- How can we “help out” the persons who are being taken advantage of by handymen, contractors?
Assigned to Development Services, City Attorney’s Office & Police Department
Development Services (Permitting & Inspections) reports violators to the proper State agency for investigation. In some cases, the Police can conduct a fraud investigation. In most cases, the dispute would be a civil action between the customer and the contractor.
6- Differentiate "our stuff (that can be changed) versus state (that cannot be changed)" (City Manager)
Assigned to Development Services & City Manager’s Office
Development Services created a list of compliance times that indicate City Code vs State Statute. Chart included as attachment.
7- "How can we get the money back [that we spent on demos]? (CM Thompson)
Assigned to Development Services & Finance
Development Services has spoken with the CAO about this issue and the CAO is researching the possibility of foreclosing on properties that have liens or past due accounts due to lot cleanings , demolitions etc
-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.
Options 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.
City Council approved a motion at the October 2, 2023 work session to approve options with modifications to be determined after further discussion.
-Dangerous Building Case Actions
Update
-Since 2015 Code Enforcement staff has managed 1,217 Dangerous/Blighted building cases.
-There are currently 117 open Dangerous/Blighted building cases:
0-6 Months 47
6-12 Months 37
12-24 Months 22
>24 Months 11
-Code Enforcement has completed or pending demolitions on 10 properties in FY24 utilizing the entire $160,000 general fund budget. Five additional properties have approved demolition ordinances and are awaiting funding. Additional properties are pending presentation to the City Council for demolition ordinances in the remainder of FY24.
-Leveraging resources available from Economic Community Development’s Grant and Hope VI funding, another 18 properties have completed or are pending demolitions in FY24 at a savings to the General Fund of nearly $139,000. Estimates are that ECD will have $22,000 in funds remaining for FY24 to fund additional qualifying demolition projects.
Actions Code Enforcement has taken to reduce compliance on Dangerous Buildings
-Reduce time from discovery to action
Began shift of initial inspections and generation of Notice of Violation letters mainly to Code Enforcement Field Staff from Supervisors and shortened first correspondence with property owners from 60+ days down to two weeks.
-Elimination of extensions specifically after Council has approved ordinance
Actions move forward based on available resources and can only be stopped by the owner coming into compliance prior to demolition or through action of the City Council.
-Taking action not withstanding issued permits or ongoing work
Examples: 5002 Collins Street, 401 Johnson Street, 528 Person Street
-Reduce length of hearing orders to minimum required by state law
Whenever possible, hearing order compliance times on Dangerous Building cases are being set at 60 days. 21 out of the last 23 Hearing Orders issued since October 2023 have been with 60-day compliance times.
Actions Not Approved/Funded
-Automatic advertising of all hearing notices
Expenditure of an additional $15,000 to $20,000 per year in advertising fees has not been approved in the budget.
-Council accepting consent items at more meetings
This action has not been acted upon as it has impacts on staff time to prepare, produce and present additional items to the City Council each month.
-Lis Pendens filed on all properties upon discovery
This action has not been acted upon. Has impacts on staff time and general fund to produce, mail and record these additional actions.
-Dedicated inspector, administrative staff and hearing officer
Initiative has not been approved in the budget.
Influencing factors are contributing to a Cleaner City In Less Time*
-Coordination with other departments and agencies
Solid Waste (RAPID)
Parks & Recreation
Public Health Department
Economic & Community Development
Fayetteville Police Department
Fayetteville Fire Department
Fire Marshall’s Office
Alcohol License Enforcement
Permitting & Inspections Trade Inspectors and Plans Examiners
Monthly Code Compliance Coordinating Committee - Targeted Areas Focus
-Fire Department placarding properties for defensive operations only
-Work by owners
Owner Demos in 2023 - 80
City Demos in 2023 - 17
-Growth and impact of RAPID team
Recent growth of staff by 300% (two to eight)
Curbside violations (over 700 cases in 2023)
Illegal dumping monitoring and cleaning
Increasing efficiency of Solid Waste bulky pickup routes
-Education of public and other City of Fayetteville staff
Code Enforcement Page and Dashboard
PSA’s and Pod Casts produced by Fayetteville Marketing & Communication
Community Watch/Public Event attendance
“Who You Gonna Call” brochure distribution
-Solid Waste code changes
Every two-week cycle on bulky items and limb collection
New caps on number of trash and recycle containers
New caps on number of yard waste containers/bags
Reduction in size of curbside bulky limb piles
-Change in practices
Faster compliance times on Dangerous Building Hearing Orders
Starting communications with owners much earlier
Moving to Demolition Ordinance as quickly as resources allow
-Leverage of other resources to fund Code Enforcement activity
Economic Community Development Grant funds used to fund projects in qualifying areas.
Projects in FY24 - 18
Funding used or pledged in FY24 - $139,000
Funding remaining available for FY24 - approximately $22,000
*FY21 versus FY23 average case times
Budget Impact:
TBD
Options:
Pending City Council discussion and direction or acceptance of the report.
Recommended Action:
Staff recommends that Council accept the report as submitted and provide direction to staff of any policy changes.
Attachments:
-PowerPoint Presentation
-Chart - Compliance Times
-Chart - Citizen Resources
-Chart - Demolition Bundling Issues
-Chart - Demolition Projects
-Chart - Demolition Funding