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HomeMy WebLinkAboutItem 09February 12, 2014 Item No. FEBRUARY 18, 2014 CITY COUNCIL MEETING CODE ENFORCMENT RE- INSPECTION COST RECOVERY PROCESS Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 1, Chapter 4 of the Lakeville City Code. Approval of this motion will amend Title 1, Chapter 4 to include a re- inspection cost recovery process. Overview The City continually reviews their codes and ordinances to provide good services to the public in the most cost effective manner. During the review of the code enforcement process it was found that staff was expending extra time and materials to resolve code violations for non - complaint properties that required multiple notices to the property owner and re- inspections of the property to get the violation corrected. At the November 25, 2013 City Council work session the City Council reviewed three options regarding improvements to the City's code enforcement process. These three options included maintaining the current process, adopting a new administrative citation process or amending the current process to include a cost recovery option associated with non - compliant property owners requiring multiple re- inspections. After reviewing and discussing the three options the City Council directed staff to prepare an ordinance to amend Chapter 4 of the City Code to include a cost recovery process for re- inspections and to update the City's policy manual to include the new cost recovery process and flow chart. Primary Issues to Consider How does the cost recovery process work? What are examples of code enforcement issues that are typically addressed with this process? Supporting Information • Staff Analysis of Primary Issues • Ordinance Amending Title 1, Chapter 4 of the City Code • bode Enforcement and Cost Recovery Process Flow Chart lyn0 Kuennen, Administrative Services Manager Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): City Code Notes: Staff Analysis of Primary Issues - • How does the cost recovery process work? The process would follow the City's current standard procedure including, investigation of the complaint, inspection of the site and mailed notices to the property owner to correct the violation. Typically the property owner corrects the violation within the time allotted as outlined in the initial notice. However, under this revised process if the violation is not corrected following the second notice, the property owner will be charged a cost recovery fee of $70.00 for each re- inspection that is needed until the violation is corrected or a citation is issued for non - compliant situations. In most situations a property owner would only be charged for two re- inspections before a citation was issued for non - compliance. The City will send the property owner an invoice for the cost recovery fee for each re- inspection as they are accrued. If the invoices are left unpaid, the City can assess the fees to the property owner via State Statute 429. The cost recovery fee of $70.00 per re- inspection was included in the 2014 Fee Schedule adopted by the City Council on December 16, 2013. The fee is intended to recover the actual costs to the City for the re- inspection, letter writing, case - documentation and other related costs for non - compliant situations. What are examples of code enforcement issues that are typically addressed with this process? The code enforcement process can be applied to properties within the City of Lakeville that include violations of the City's codes and ordinances. Typical code enforcement issues include long grass and weeds, junk vehicles, missing erosion control, illegal signage, property maintenance, trash or junk in the yard, exterior storage, public property infringement, illegal dumping, etc. Violations regarding the building code, fire code and law enforcement will continue to follow their individual standards and processes as outlined in their regulations. irJ ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 1 OF THE LAKEVILLE CITY CODE CONCERNING RE- INSPECTIONS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1 . Title 1, Chapter 4 of the Lakeville City Code is amended by adding Section 1 -4 -4 to provide as follows: 1 -4 -4 RE- INSPECTION: City Code violations must be remedied by the property owner and re- inspected for compliance by the City. The property owner must pay the cost recovery fee for Code enforcement activities as established by ordinance. SECTION 2 . This ordinance shall be effective immediately upon its passage and publication. ADOPTED this City of Lakeville, Minnesota. day of , 2014, by the City Council of the CITY OF LAKEVILLE M . ATTEST: Charlene Friedges, City Clerk Matt Little, Mayor Doc. #173984v.1 RNK: 12/18/2013 CODE ENFORCEMENT PROCESS (COST RECOVERY) 2111/2014 Complaint Received Login complaint and open case, input complainant contact information (if provided), date received, initials, complaint info, address, phone, input property owner information, etc. Assign staff to investigate possible code violation and inspect within 2 workinq da . Conduct initial inspection, take pictures, input inspection date, input findings. City Code Violation Found? NO YES code violation, sendlst notice (10 -14 days I to comply), include notice of cost recover allotted copy to file and staff as needed, Conduct 2nd inspection, input findings. City Code YES Violation Corrected? NO (Cost Recovery Fe Charged) 2nd Notice of Violation Send 2nd notice including invoice, as prepared by the Finance Department for cost recovery fee for 2nd inspection and include notice that if the invoice is not paid it will be assessed to their P ro p erty (7- days typical to comply), copy file and staff as needed, schedule re- inspection (7 - days typical). Pendin Assessments L ist All invoices for cost recovery fees unpaid by invoice due dates are to be added to the pending assessments list as maintained by the Finance Department. 3rd Inspection Conduct 3rd inspection, take pictures, input findings. Code YES Violation Corrected? NO (Cost Recovery Fe Charged) case, input date resolved and if , le contact complainant regardin Close case, input date resolved and if possible contact complainant regarding results. Case Closed Close case, input date resolved and if possible contact complainant regardin results. notify Police Department to issue citation supporting documentation, input citation ;d, input citation date.