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HomeMy WebLinkAboutItem 03Memorandum 1 City of Lakeville Administration To: Honorable Mayor and Members of the City Council From: Allyn G. Kuennen, Administrative Services Manage Copy: Steven C. Mielke, City Administrator Date: November 22, 2013 Subject: Code and Nuisance Enforcement Options and Workload and Cost Recovery Options. Staff has continued to investigate options regarding alternatives for the enforcement and resolution of code and nuisance violations. These options include continuing the current process, establishment of an administrative citation process or modifying the current process to allow the recovery of staff time and overhead costs. In addition, it is important to recognize the current workload and staffing levels within the departments responsible for code enforcement activities when evaluating the appropriate code enforcement process. The Planning, Inspections and Police Departments currently address an average of 240 code or nuisance complaints annually resulting in approximately 648 hours a year dedicated to code enforcement activities. Current Process After the City becomes aware of a potential code violation an initial inspection is completed, and if a violation has been found, a written notice is sent to the property owner and they are given 10 - 14 days to remedy the violation. After the 10 - 14 day deadline a follow up inspection is conducted to determine if the violation has been addressed. If the violation has not been addressed, a second written notice is sent to the property owner and they are given 7 days to address the issue. If the violation has not been addressed by the end of the 7 day period, and the violator has not made other arrangements with staff, a criminal citation is issued and the violation is processed through the district court system. When the property owner does not address the code violation after several notices by the City, a criminal citation and possible court ordered penalties is the only option that remains to bring the property into compliance with City ordinances. Unfortunately, there are certain negative consequences for both the City and the accused, which includes the delay of a prompt resolution, the label as a "criminal" for violations of administrative regulations, inefficient use of the court system and costs associated with lost staff time and attorney fees. The time and overhead costs expended during the enforcement process is financed through the general fund tax dollars. Department Number of Violations Requiring a 2"d Inspection Number of Violations Requiring a 3'd Inspection and Citation Planning 6 1 Inspections 18 3 Police 10 2 Subtotal 34 x $70.00 = $2,380 6 x $70.00 = $420 Grand total $2,380 + $420 = $2,800 Administrative Citation Process Staff discussed with the City Council, at previous work sessions, the establishment of an administrative citation process as an alternative way to enforce some City ordinances. As discussed, an administrative citation process is considered a non - criminal ticket issued to individuals who are not in compliance with City ordinances. An administrative citation differs from a criminal citation in that an administrative citation is not punishable by jail and does not appear on an individual's criminal record and are processed entirely by the City and do not involve court proceedings. The establishment of an administrative citation program would include preparing the appropriate standards and processes that follow state statute and adoption of new City ordinances by the City Council. Some of the costs associated with the processing and administration of an administration citation process could be subsidized from the collection of fines. It should also be noted there is still some debate as to whether statutory cities, such as Lakeville, have the legal authority to create an administrative citation process. It is anticipated the State Legislature will address and clarify this issue in the 2014 Legislative Session. Cost Recovery Process Another option for the City Council to consider is to charge a "cost recovery fee" for inspection services, as opposed to imposing a civil penalty or an administrative citation. Under current law, the City can charge and assess the costs of services related to property maintenance and code enforcement such as when the city mows lawns that are in violation of the ordinance. State Statute 429.021(8) specifically allows for the assessment of costs associated with nuisance abatements. Therefore, the tall grass and weed complaint process could be modified as shown on the attached flow chart to include other code violations such as noise complaints, junk or illegally parked vehicles, sign violations, property maintenance issues, etc. The process would follow our standard procedures including, investigation of the complaint, inspection of the site and mailed notices. Cost recovery charges would begin accruing with the second inspection and continuing with the third inspection and into the citation stage for non - compliance situations. After due process has been completed, the City sends the owner an invoice, and if left unpaid the City assesses the cost via State Statute 429. The amount of the inspection fee would not be punitive, but would rather be intended to recover the actual cost to the City for the inspection, letter writing, and file- documentation related to the case and other related costs. The proposed per inspection fee would be approximately $70.00 based on a typical violation scenario requiring a minimum of one hour of staff time to prepare notices and conduct inspections. The following table identifies the annual potential for the recovery of costs based on inspection data collected from the Planning and Inspections Departments from 2009 to 2013. The Police Department numbers are estimated: Staff will be available at the November 25 City Council work session to review the above code and nuisance enforcement options. If you have any questions before then, please contact me. 2 Conduct innitial inspection, take pictures, 4 (2 days) input inspection date, input findings. Staff Input code violation, draft 1st notice (10 -14 days typical to comply), sign letter, copy staff as needed, schedule re- inspection (10 -14 days). Clerical Mail 1st notice - copy in file. (10 -14 days) Staff Conduct second inspection, take pictures, input findings. Staff Draft 2nd notice (7 -days typical to comply), sign letter, copy staff as needed. schedule re- Clerical Mail 2nd notice - copy in file. (7 days) Staff Inspections /Planning /PD Complaint Fences? Sheds? Pools? Storage? Landscaping? Dog Kennels? Abandoned Home? Housing? Garbage? City Code Violation Corrected? City Attorney Staff Conduct third inspection, take pictures, CODE ENFORCEMENT PROCESS (COST RECOVERY) 11/22/2013 Process citation in district court. NO YES NO - (Cost Recovery Fee Begins) YES Building Official /Planning Director /PD Staff notify Police Department to issue citation with supporting documentation, input citation issued, input citation date. Clerica Loain complaint: Input date received, initials, complaint info, address, phone, input property owner information, etc. Buiding Official /Planning Director /PD Assign staff to investigate possible code violation Staff Schedule inspection within 2 working days. Staff Close case, input date resolved and contact complaintaint regarding results.