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HomeMy WebLinkAbout11.08.2004• • ORDINANCE COMMITTEE November 8, 2004 4:45 p.m. Council Chambers Members present: Mayor Hurley, Kincaid, Cole, Greenwood, Clark, Gunderson, Welper. Members absent: Schmitt. Moved by Kincaid, seconded by Cole that the Agenda, as proposed, be approved. Ayes: Six. Absent: Schmitt. Motion carried. Ned DeBerg, Fire Chief, updated the council on the proposed changes to the False Alarm Ordinance. All fire alarms are received by Consolidated Dispatch and not through the Fire Department, and that language will be removed. Chief DeBerg reviewed the definition of False Fire Alarms. False Fire Alarms definition includes the activation of a fire alarm system through technical failure, malfunction, improper installation or the negligence of the owner. A false alarm does not include alarm system failures caused by water, gas, electrical, telephone or other transmission lines or devices not under the control of an alarm user, or failure due to conditions beyond the control of the alarm user. No alarm, which occurs within 30 calendar days of the date of notification of the installation of a new alarm or alarm system, will be considered a false alarm or subject to the false fire alarm penalty. False Fire Alarm Penalty Fee Schedule is as follows: $175 for the 3th through and including 4th False Alarm; $250 for 5th through 9th False Alarm; and $400 for 10th and above False Alarms. Chief DeBerg will review the fees of other cities before placing the proposed changes on the council agenda. Lou Cutwright, Building Official/Maintenance Administrator, updated the council on the International Property Maintenance Code. The International Property Maintenance Code was discussed by the council in April, May and June, 2004. After further discussion with Mayor Hurley and staff, the consensus was to bring it before council to start the process of putting a code in place that will assist the city in the following two areas: 1. Improve the appearance of the city by assisting in all properties in all neighborhoods to meet the minimum standards of house preservation. 2. To regulate the reasonable use of property in R-1 and R-2 residential neighborhoods as it relates to the parking of motor vehicles. At the April 24, 2004 Ordinance Committee meeting, the parking ordinance that would be part of the International Property Maintenance Code was reviewed. Section 302.5 Motor Vehicles would be amended in its entirety and a new Section 302.8 Motor Vehicle Parking (Parking Ordinance) would be inserted. The International Property Maintenance Code addresses the exterior appearance of all properties, preventing the property from sinking into a state of disrepair so as not to detract from the value of the property, or the value of the neighborhood. By its enforcement, the International Property Maintenance Code will also lift those properties that are presently in a state of disrepair, such as exposed wood or siding on regularly painted surfaces, soffits in disrepair, roof systems that are permitting water infiltration, etc., to a level that will not detract from the market value of the property. The International Property Maintenance Code can be amended if the enforcement brings hardship to the single-family homeowner. A new section 106.6, Hardship Due to Code Application, will be added to the code. The Code Official may grant exceptions upon written application stating the reason for the exception. Applications can be made for financial assistance through the Code Official. The application must be in writing stating the reasons for the hardship, showing property level income. Community Development could be the agency Ordinance Committee November 8, 2004 Page 2 charged with administering the financial assistance. Financial assistance would be in the form of paint material for those applicants who are physically able to supply the labor for the job. For the elderly who cannot supply the labor, a search would be made for volunteers to supply the labor beginning first with the family of the owner. Mr. Cutwright reported that there are not enough code enforcement officers to do the entire city, but as we move forward we could look at adding additional code enforcement and a clerk. Mayor Hurley stated he would like to put the ordinance in place, even if we don't have all the assets in place to enforce throughout the city. The code is useful and successful in other cities in Iowa. Mayor Hurley stated he would like the council to adopt the International Property Maintenance Code as soon as possible and start applying it. Councilperson Welper asked how much time will be allowed for people to prepare for the ordinance for things such as hard surface for parking. Mr. Cutwright responded the International Maintenance Code basically is not a retroactive code unless the city builds a time frame to be in compliance. Mr. Cutwright stated he is looking at putting together an assessment and a model that addresses that section to see what we can do to get them to come into compliance voluntarily. Councilperson Cole stated its time to do something right now. All Council Members have situations in their wards. Violation of the code will be a municipal infraction, which has a scheduled fee for each offense. Councilperson Kincaid asked if the houses boarded up in the fourth ward will be grandfathered in. Nothing has been done even though the houses are dilapidated and need to be demolished. Mr. Cutwright responded that they will not be grandfathered in. There is a section in the ordinance that if an owner fails to comply, the city can start taking action to remedy the situation and charge the owner and even garnish wages if necessary. Councilperson Gunderson noted the enforcement will be complaint driven, and we need to start somewhere and move forward. With no further business before the committee, it was moved by Clark, seconded by Cole that the meeting be adjourned at 5:25 p.m. Ayes: Six. Absent: Schmitt. Motion carried. Nancy Eckert City Clerk • •