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04 Agenda Info Sheet (5/13/02)AGENDA INFORMATION SHEET MAY 13, 2002 PROJECT: Public hearing on the repeal of existing ordinance and enactment of new ordinance amending Chapter 7 of the Paris Code of Ordinances consistent with State law regarding vacant substandard buildings and structures and the abatement of that nuisance. BACKGROUND: In the city of Paris, as well as all other cities, there exist vacant dilapidated buildings and other shuctures which, if left unaddressed, endanger the safety and well-being of citizens and neighboring properties, bring down property values (and, consequently, tax revenues) in the area, invite criminal activity, and are, to say the least, eyesores. Since at least 1970, the City has had an ordinance to provide for the repair and/or removal of such structures, but the ordinance has not been updated to keep pace with current State law. There are significant differences between our present ordinance and current authorizing legislation, and any future demolition activity must be conducted pursuant to an ordinance that meets State law standards. DESCRIPTION: Two new Articles are proposed to be added to Chapter 7 of the City Code. Article III of the attached proposed ordinance contains the requirements derived from State law regarding enforcement actions against vacant substandard buildings and structures. In addition, the proposed ordinance replaces the administrative scheme of the existing ordinance with a building and standards commission as authorized by current State law. In the past, a committee of several City employees, including the building official and the city engineer, has held hearings, made determinations as to dilapidated structures, then sent a report to the City CounciL The City Council would then hold a second hearing and issue any orders regarding the repair or demolition of such vacant buildings or structures. By contrast, a building and standards commission is made up of nine (9) members of the community, five (5) regular members and four (4) alternates, and their decisions are appealable only to a district court. Such a procedure insulates the City from the charge that it is making these decisions unilaterally, without concern to citizen input, since the decision makers will be a citizen board. It also insulates the Council from charges of political favoritism since the citizen commission, and not the Council, will be holding the hearings. Investigations will be conducted by the code inspectors, and the code inspectors will be non-voting ex-officio members ofthe commission. As before, the new ordinance provides that, should the owner fail to repair or demolish a building or structure as ordered, the City can demolish the building or structure, assess the cost to the owner, and place a lien on the property to secure payment. Article IV of the proposed ordinance would implement a program for issuing permits for vacant buildings placed in a secured status. The purpose of this article would be to provide property owners and the City an alternative way to regulate some of the vacant substandard buildings in the City. Under these provisions, only buildings which are sh-ucturally sound (i.e., have solid walls, and non-leaking roof, and are in no significant danger of fire or collapse) would be eligible to be placed in a secured building status provided the owner complied with the requirements of the ordinance. Under the ordinance, the owner would seek a permit, pay a fee, the building would be inspected initially by the City Building Official (with follow-up investigation for permit renewals at the owner's expense by a state certified inspector), and if the building was found exteriorly sound, then the owner would be required to secure the building from access by vagrants or other individuals but would not be required to bring the internal structures up to City code. The building could not be occupied during the term of the permit; all windows and doors would be secured; and the building must be maintained in a structurally safe and sound condition for the permit to continue to be valid. In addition, the owner would have to allow access by authorized City personnel, including police officers, the fire marshal, and City inspectors, to make sure the building does not represent an additional safety risk. Providing this process affords building owners an alternative to making the expenditures necessary to bring internal portions of an otherwise sound building up to code until such time as a tenant is available for the building, or the owner has some other purpose for which the building can be utilized. Adoption of this Article IV is purely optional; it is an attempt by the Legal Department to provide the opportunity for certain otherwise sound buildings to avoid demolition as long as the owners maintain them in a status which does not represent an immediate risk to the health, safety, and welfare of the general public. Obviously the buildings would not represent a risk to any tenant or occupant because the buildings could not be occupied while they are in a secured status. RECOMMENDED ACTION: Hold a public hearing on the attached proposed ordinance. STAFF CONTACT: Larry W. Schenk, City Attorney; Stephanie H. Harris, Assistant City Attorney COST: The cost of the new ordinance will be roughly the same as proceeding under the current ordinance. There will undoubtedly be expense to the City in demolishing buildings or sh-uctures when the owner refuses or is unable to comply with the commission's orders, but as noted, such costs will be assessed against the owner and liens placed on the property to secure payment. There will be administrative costs associated with warking the dangerous building cases, attending hearings, generating the necessary paperwark, and foreclosing liens at such time as it becomes necessary or feasible to do so. SCHEDULE: No existing vacant dangerous buildings or structures should be abated until a new ordinance, which complies with State law, is adopted. COUNCIL DATE: Hold a public hearing at the Council's regular meeting on May 13, 2002. ADDITIONAL MATERIALS: See attached draft ordinance and copy of existing ordinance.