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Home My WebLink AboutReg 2012-04-16 Item 2D - Presentation - Code Enforcement and Rental Licensing UpdateCOUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review Council review 04/16/12 I CO 2.D. ITEM INFORMATION STAFF SPONSOR: MARY HULVEY I ORIGINAL AGENDA DATE: 4/16/12 AGENDA ITEM TITLE Code Enforcement and Rental Licensing Update CATEGORY Presentation Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 04116112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S At the February 27, 2012 Community Affairs and Parks (CAP) Committee meeting, an SUMMARY update on Code Enforcement and Rental Licensing was provided. The presentation will be provided to the full Council at the April 16, 2012 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/27/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Code Enforcement COMMITTEE Presentation Only COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 4/16/12 1 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 1 4/16/12 1 Informational memorandums dated 2/27/12 that were presented to the CAP x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Community Development Director DATE: February 27, 2012 SUBJECT: 2011 Code Enforcement Annual Report ISSUE 2011 Annual Report to the Council BACKGROUND The job of code enforcement is to field complaints on a wide variety of issues occurring on private property. Complaints run the gamut from construction without a permit, junk vehicles, debris, vacant structures, weeds and overgrowth, and improper parking on private property (unimproved surfaces). We also investigate business license violations, land altering and sensitive area violations, sign code violations and graffiti complaints. DISCUSSION In 2011, code enforcement opened 366 cases; 305 cases were closed or resolved. Debris complaints comprised 30% of the complaints in 2011. Most of these occurred in single family neighborhoods. Hoarders and scrappers contribute to the problem, as do procrastinators and the disinterested. Building code violations comprised 22% of the complaints. These are primarily construction without proper permits. We are seeing more businesses and residents attempting to bypass the permit process as a way to save money. Residential property owners, in particular, are oftentimes financially unable to comply and require frequent follow up and "handholding" to achieve resolution on these cases. It is not unusual for these cases to take more than 12 months to conclude. The "Other" category comprised 14% of the complaints. This category includes land altering, sensitive area violations and other miscellaneous items not included in any of the other categories. Land altering and sensitive area violations by residents are, like building code violations, an attempt to avoid the permitting process as a way to save money. Like building code violations, they are also very difficult and time consuming to resolve. Business license investigations, Junk Vehicles, Overgrowth, Parking, Graffiti and Sign code violations made up the final 34 In 2011 Code Enforcement did not actively pursue many sign code violations, due to the new regulations and the fact that the mall area businesses were so severely impacted by the Klickitat project. We expect to step up sign code enforcement in 2012. 3 INFORMATIONAL MEMO Page 2 Code Enforcement issued 106 infractions to business owners and residents for failure to resolve code violations. 80% of these were contested in court, with the majority of the contested cases coming to a satisfactory resolution. The remaining 20% remain unresolved. Each infraction represents 30 -60 minutes of officer time, plus court appearance time, if contested. Process Most code enforcement cases follow a similar process: We investigate and document the complaint, issue a courtesy letter or "pre- notice" to the property owner with a description of the problem, the code reference, and establish a compliance date (2 weeks). After the compliance date, we revisit the site and determine if progress or compliance has been achieved. If no compliance, we issue an official Notice of Violation, with a new compliance date (1 week). If still no compliance we can issue civil citations or proceed with a court order of abatement, if warranted. In the majority of cases, the courtesy letter /pre- notice opens the door to conversation with the property owner and we can obtain compliance by demonstrating reasonable flexibility on compliance dates. This approach saves attorney and /or court time and money and leaves the property owner feeling that they have been dealt with fairly. Code Enforcement juggles the need to resolve code violations with many residents who are dealing with foreclosures, job loss, overcrowding, neighborhood resentments, culture clashes, past due bills, limited human services, and other major life issues. Residents have tough choices to make fixing the non working (junk) vehicle on the front lawn, or buying food; paying overdue bills or paying for garbage service. Achieving resolution in these cases is a matter of flexibility, compromise, researching available resources, compassion and time. Mandatory garbage and recycling collection would improve some of our debris issues in the residential areas, by eliminating the self -haul "procrastinators" from accumulating their garbage and rubbish. Challenges 1. The Economy. The impact of the economic situation is the biggest challenge for residents, businesses and code enforcement. The ripple effect of unemployment, foreclosures and other financial problems extends to most areas of code enforcement: Families are "doubling up" two or more to a dwelling unit resulting in overcrowding, additional garbage, noise, and parking issues. Use of travel trailers or motorhomes as dwelling units on private property has increased. We no longer have the requirement on the books that travel trailers, motorhomes and RVs cannot be occupied as a dwelling unit outside a trailer park. It is very difficult to prove this type of occupancy. Businesses and residents are constructing, or clearing and grading without permits, displaying illegal signs, dumping debris or storing it improperly all in an effort to avoid paying permit fees. Businesses are failing to obtain or renew their business licenses in a timely manner, due to lack of funds. Industrious but out of work backyard mechanics are performing under the table auto repair at their home illegal and unlicensed and very difficult to verify and shut down. WA2012 Info Memos- Coundkode enfo annual report2.doc 4 INFORMATIONAL MEMO Page 3 All of these items ultimately end up with code enforcement involvement. 2. Confusing rules and regulations, lack of general code knowledge "I didn't know that needed a permit..."), and the attitude of asking for "forgiveness" rather than permission all contribute to our workload. Complex code language and processes often increase the "hassle- factor" and cause some citizens to take shortcuts. 3. Language and cultural barriers also contribute to the mix. Activities that are prohibited in this City may be perfectly normal in the home country. Communicating across the language barrier is difficult, as well, especially when it comes to explaining codes and regulations. 4. Citizens often expect that the City can (and will) instantly resolve their complaint. We find that neighbors don't interact and work together to solve neighborhood issues, preferring the anonymous hand of government to play the "bad guy" role. And they often have unrealistic expectations of the compliance timeline. 5. Implementation of the Rental Housing Licensing program has reduced the number of general code enforcement officer hours. This means that fewer cases can be investigated and resolved and proactive code enforcement has been discontinued. Next Steps What to Expect in 2012 Code Enforcement will continue to respond to complaints in a timely manner (usually within 2 -4 days) and continue various outreach efforts to educate citizens and encourage community pride. A revised vacant building ordinance will be presented to the Council in March 2012. RECOMMENDATION Information Only. ATTACHMENTS Code Enforcement Activities (2008 -2011) Graph M2012 Info Memos- Coundkode enfo annual report2.doc 5 x x x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Community Development Director DATE: February 27, 2012 SUBJECT: 2011 Rental Housing Annual Report ISSUE Ordinance 2281, adopted in 2010 and codified as TMC 5.06 requires an annual review of the program and the submittal of an annual report. BACKGROUND The Residential Rental Housing Licensing and Inspection Program was adopted in 2010 as a way of ensuring that rental housing in the City of Tukwila met basic habitability standards. DISCUSSION 2011 marked the beginning of the Residential Rental Housing Licensing and Inspection program. Provisional licenses were issued to 602 properties and inspections were conducted on 551 units. As expected, implementing a new program resulted in a heavy administrative burden which accounted for much of the time spent in 2011. Processing the applications, ensuring the information was accurate, setting up files and assisting applicants with sometimes confusing forms and fees comprised most of the first half of 2011. Renewal notices were mailed to all 2011 applicants in December with a renewal deadline of January 31, 2012. To date we have processed 405 renewal applications. There are 213 properties which have failed to renew by the deadline. Those owners have been issued a second notice with a 15 -day compliance deadline. Inspections Code Enforcement and Building staff conducted 235 inspections, the bulk of them between November 1 and December 30 due to the looming December 31, 2011 deadline for Zone 1 inspections. Many of the larger complexes opted to hire private inspectors. We have approved 8 private inspectors and have published this list on the City's website to assist property owners seeking private inspectors. The majority of units passed their initial inspections. Of those which did not pass, the most common reason was lack of smoke detectors in all required locations. We also found about a dozen units with more significant issues, including lack of adequate emergency egress from bedrooms, lack of heat, dangerous/ illegal mechanical installations, and other issues. These issues have been adequately resolved. F INFORMATIONAL MEMO Page 2 There is one apartment complex which legally evicted all their tenants in order to renovate and bring all the units up to standard to pass the required inspection. In reviewing the inspection reports submitted from other larger complexes, it appears that the landlords are using this opportunity to access each unit and assess its overall condition, making improvements along the way even if the items would not constitute a "failure" of the inspection. This speaks to a commitment by some landlords to improving overall living conditions throughout their complexes as a result of required inspections. When we are finished processing renewals, we will begin identifying units still requiring inspection in Zone 1 (2011 deadline), as well as begin inspections of Zone 2 properties. Challenqes We continue to identify and contact owners of unlicensed rental units through ads on Craigslist, inquiries from Human Services, police and fire reports, and "For Rent" signs posted on properties. We have published short articles in the Tukwila Reporter, reminding rental property owners of the program requirements. Application forms, inspection checklists, approved inspectors, and general information is published on our website as well. What's Ahead Incorporate additional process improvements for tracking and managing the program Continued outreach to citizens regarding the program requirements and benefits. Improved city website information Upgrade software tracking system and incorporate the use of handheld devices in 2013 RECOMMENDATION Information Only WA2012 Info Memos- Council\Rental housing annual report memo.doc 10