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HomeMy WebLinkAbout04.19.2004ORDINANCE COMMITTEE April 19, 2004 4:15 p.m. Council Chambers Members present: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moved by Kincaid, seconded by Gunderson that the Agenda, as proposed, be approved. Ayes: Seven. Motion carried. The adoption of the 2003 International Fire Code and 2003 Life Safety Code was reviewed. Lou Cutwright, Building Official/Maintenance Administrator, reviewed the codes. The Fire Department is currently using the 1997 Uniform Fire Code and the 1997 Life Safety Code. There have been two updates to each code since the 1997 codes were adopted by the city. These codes will bring the Fire Department into compliance with the International Code and will allow Waterloo Fire Rescue and the Building Department to work off the same codes. The codes will make it safe not just for the occupants but for the firefighters. The Life Safety Code is an upgrade and is more structured on combustible materials that are allowed in a fire district. The Life Safety Code is more restrictive but makes it safer for occupants. The codes are not retroactive, but if extensive remodeling is done to a building, they will have to bring the entire building up to code. All the new schools are being built under the 1997 Uniform Fire Code but are designed under the 2003 International Code. Moved by Gunderson, seconded by Cole that the 2003 International Fire Code and 2003 Life Safety Code be forwarded to the full council for approval. Ayes: Seven. Motion carried. The adoption of the 2003 International Maintenance Code and implementation of a Comprehensive Inspection and Building Department were reviewed. Mr. Cutwright indicated he spoke with Fire Chief Ned DeBerg who agrees with his department handling the rental inspections. In conversation with Ethel Washington, Director of Waterloo Housing Authority, she thought it was a good idea and maybe his department could assist her with Section 8 housing. Mr. Cutwright explained the adoption of the 2003 International Maintenance Code is necessary to provide the consistent enforcement backbone for the proposed Comprehensive Inspection and Building Department. The Comprehensive Inspection and Building Department would provide the following benefits: 1. With permit fee increases, fee collection for rental inspection budget impact will be neutral. 2. Provide a tangible code to assist property owners and the city to work together to improve neighborhoods. 3. Provide a comprehensive code enforcement process that aids economic development. The adoption of the International Maintenance Code will address front yard parking and blowing of litter throughout the city. Mr. Cutwright reviewed staffing needs required for comprehensive inspection services. The additional positions include: Chief Housing/Code Enforcement Inspector, Housing Inspector/Code Enforcement Inspector, Housing Inspector/Code Enforcement Inspector and Rental Housing Clerk/Receptionist. Three additional enforcement officers will need to be hired. Mr. Cutwright stated that rental owners ask why should they fix up their property when private owners on both sides of their building are not required to fix up their properties. The proposed ordinance will allow the city to assist the property owners with problems. A hardship section will be included in the code, and possibly tap into Community Development funding for low- income citizens and utilize volunteers. The proposed code will address front yard parking, storage of vehicles and off street parking. The definition of recreational vehicles would include boats, trailers, campers, motor -homes and any vehicle not driven once every 48 hours. A survey completed by Neighborhood Services suggests the need to control automobile and recreational vehicles that routinely park on the grassy area of the front yard of many dwellings in the city. Ordinance Committee April 19, 2004 Page 2 Section 101.3 of the International Property Maintenance Code states in part that this code shall be construed to secure the express intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Section 307 of the Waterloo Code of Ordinances currently addresses the rubbish and garbage issues. It deals with containers and making sure containers are covered and gives the city the means to request the container be covered. If property owner does not keep the container covered, a citation could be written. Mr. Cutwright noted the International Property Maintenance Code is set up for the purpose of having a comprehensive inspection for interior and exterior of the homes. To implement the code, additional staff would be needed. A three-year inspection cycle would be used. Mr. Cutwright stated that hopefully the inspection and permit fees would cover the new staff and one additional position could be funded from the solid waste funds set aside for code enforcement. Mr. Cutwright explained that the code gives the code enforcement officers authority to go on the property and ask the owners if was can assist them. At first, the ordinance will be enforced by complaint, and then the code enforcement staff would be divided by sections, using three officers. Two officers would be placed in the largest complaint areas. Ward 1 and 2 could be combined with one code enforcement officer. There would be a total of six code enforcement officers and one clerk for the office. Mr. Cutwright reported that several communities in the State of Iowa are using the International Property Maintenance Code and hundreds of communities over the country. Mr. Cutwright stated that the starting date for the implementation of the parking ordinance has been put at 180 days for everyone to become in compliance, but the council can make the decision how long citizens will have to be in compliance or set a certain date to be in compliance. Don Temeyer, Community Planning and Development Director, reported that Community Development Block Grant funds cannot be used for property maintenance, as there is only emergency funds for rehabilitation. Mr. Temeyer stated the city will need to really think about where we will get the money for people who can't afford to be in compliance. Mr. Cutwright stated that about four banks have indicated they understand neighborhood cleanup is good for the whole community, and they talked about donating paint and having a volunteer group help to spruce up the neighborhoods. Councilperson Greenwood asked what is the reason we do not move ahead with the proposed ordinance. Mr. Cutwright responded budget concerns, and it is a very controversial issue and the council has to have the political will to move forward. Councilperson Welper stated most of the calls he receives is parking on the front yard, and he is ready to move forward with the ordinance. Councilperson Schmitt stated citizens will be very limited as to where they can park, and a lot of people will be saying they need a place to park their second vehicle. Councilperson Schmitt agreed the city needs to get the vehicles off the front yard, but feels the city needs to be able to make recommendations. Mr. Cutwright responded there is a section in the ordinance which deals specifically with parking on the front yard on hard surface. Councilperson Gunderson agreed that we need to move forward with the ordinance. The council will review parking on the front yard next week. With no further business before the council, it was moved by Clark, seconded by Gunderson that the meeting be adjourned at 5:05 p.m. Ayes: Three. Motion carried. Nancy Eckert City Clerk • •