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Second Report of the Code Enforcement Tast Force to City Council
October 20, 2008
EXECUTIVE SUMMARY – ITEMS READY FOR ACTION BY CITY COUNCILTo the extent that such actions are legal and/or may be legally enacted, the CETF recommends that:
Constitution & Membership
-City Council extends the constitution of the CETF so it may meet quarterly to ensure progress on the recommendations as well as address any other issues as they may arise (recommendation unanimous).
-If City Council is willing to extend the constitution of the CETF, City Council either asks persons who have not attended to commit to the CETF or appoints different persons (recommendation unanimous, from citizen members of CETF only).
Roll Carts
-City Council request the City Manager and/or the City Attorney prepare an amendment to
City Code that would:
1. Ensure that roll carts could not be placed out too early;
2. Reduce the number of warnings before a roll cart is removed from two to one, and establish that a warning is valid for a period of 12 months; and
3. Hold property owners responsible for chronic violations by tenants (recommendation unanimous).
Curbside Household Trash/Debris
-City Council request the City Manager and/or the City Attorney prepare an ordinance that would:
1. Charge $200 for Solid Waste to pick up scheduled eviction trash;
2. Limit the pick up of eviction trash to only typical trash pick up days; and
3. Charge $500 for Solid Waste to pick up eviction trash if the owner fails to schedule the pick up (recommendation unanimous).
Shopping Center Signs
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that would codify a process whereby the Planning Commission could approve common shopping center and industrial/medical park signs during Site Plan Review, provided the signage within the development did not exceed the current allowance for number and sq.ft. (recommendation unanimous).
Pay Day Lenders
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance stating that pay day and other like lenders will no longer require a special exception but instead be classified as a conditional use, those conditions being similar to those imposed by the cities of Rock Hill and Greenville, which limit such lenders to buildings containing 30,000 sq.ft. or more and require that such lenders be no closer together than 3,000 feet. The CETF finds that the proliferation of pay day and other like lenders suggests a commercial corridor is in economic and social decline, negatively impacting economic development efforts, and that these changes would discourage the illegal practice of rolling over loans and minimize the often garish appearance of such establishments (recommendation unanimous).
The specific language approved by the CETF is within Appendix A of this report.
Residential Specialty Contractors
-City Council request the City Manager and/or the City Attorney prepare an ordinance that would allow a residential specialty contractor to work on decks, siding, and roofs, where the value of the job was less than $5,000, as well as eliminate any doubt from the City Code about the requirement that a person who wishes to do more than this work must have at least a residential builders license (one member disagreed with recommendation).
The specific language approved by the CETF is within Appendix B of this report.
Recreational Vehicles in Residential Districts
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that would:
1. Expand the scope of the current language from travel and camping trailers to the list of non-traditional vehicles used within the FYP ordinance, including buses, recreational vehicles, motor homes, campers and camping trailers, trailers, boats, etc.;
2. Prohibit the parking or storage of such vehicles within the area between any street lot line and the associated façade of the house. This regulatory approach is the same as that employed within the FYP ordinance; and
3. Require compliance with the above language within 12 months of the effective date of the new language (recommendation unanimous).
The specific language approved by the CETF is within Appendix C of this report.
PODS Devices
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that would:
1. Permit PODS devices for 7 or 14 days, subject to the issuance and clear posting of a permit, and establish a fee proportionate to the amount of time of the permit;
2. Require that PODS devices be placed only in a location in which a vehicle could be lawfully parked; and
3. PODS devices would be allowed upon each residential property for two 2-week periods per ownership instance per year (recommendation unanimous).
The specific language approved by the CETF is within Appendix D of this report.
Absentee Landlords, Notification, and Registration
-City Council request the City Manager and/or the City Attorney prepare an ordinance that amends the business license regulations providing that:
1. All property owners that rent, or offer to rent, real property are required to have a business license and provide a local contact that is generally available immediately, including address and telephone number;
2. The business license application shall ask whether or not the applicant or an immediate family member has any interest in a business entity, such as an LLC, trust, or partnership, without limitation, that owns rental property within the City. If yes, the applicant must list those properties;
3. All present inspection practices will continue;
4. Where this effort requires a local contact with local street address and telephone number, that person must be a registered agent for service of process, and the property owner must provide a local contact for each property. The local contact can be the property owner, and the local contact does not have to be a licensed property manager;
5. The local contact shall receive notice of all offenses that occur upon his or her property, including alcohol- and drug-related offenses;
6. Registration information must be updated no less frequently than annually, in conjunction with the business license renewal; and
7. The City shall amend its codes such that any entity which holds an interest in real property in which it does not occupy as its primary residence – such as foreclosures, probates, inheritances, VA Vendee – must provide a local contact as described above.
Also, to the extent that a property owner may be exempt from the business license requirement, that entity must still register a local contact as described above (recommendation unanimous).
Unsecured Outdoor Refrigerators
-City Council request the City Manager and/or the City Attorney prepare an ordinance that allows the City to either modify or remove a dangerous refrigerator where no other remedy will eliminate the risk of loss of life (recommendation unanimous).
The specific language approved by the CETF is within Appendix E of this report.
Nuisance Ordinance
-City Council request the City Manager and/or the City Attorney prepare an ordinance to amend the nuisance ordinance [§ 8-40] in the following ways:
1. Noise and alcohol- and drug-related convictions should be added to the list of items that constitute a public nuisance;
2. The provision regarding three convictions within 18 months should be increased to 24 months [(b)(2)]; and
3. Section (b)(4), which provides an additional 12 months to remain "conviction free", should be struck (recommendation unanimous).
-City Council clarifies its end intent of the nuisance ordinance (recommendation unanimous).
Peddlers
-City Council request the City Manager and/or the City Attorney prepare an ordinance that amends the business license regulations and/or Zoning Ordinance in the following ways:
1. Distinguish peddlers from seasonal activities, such as fireworks stands, pumpkin lots, and Christmas tree lots;
2. Prior to operating, a peddler and seasonal activity must provide written authorization from the owner of the property where the peddler proposes to operate;
3. Prior to operating, a peddler and seasonal activity must provide a site plan showing the extent and exact location of the operation to ensure the operation is not located within required setbacks or does not consume required parking spaces;
4. Peddlers shall not operate from a vacant lot, rather the lot must be improved with a structure and the public must have access to a handicap accessible restroom;
5. Peddlers are limited to no more than three sales per location per year, and each sale shall not exceed three days; and
6. Time frames for seasonal activities will be limited depending upon the activity, and they may occur upon a vacant lot, provided the public has access to a handicap accessible restroom (recommendation unanimous).
The specific language approved by the CETF is within Appendix F of this report.
Commercial Vehicles within Residential Districts
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that prevents persons from parking any part of a commercial vehicle, generally as defined by State statute, upon residentially zoned property, except in certain expected circumstances (recommendation unanimous).
On June 2, 2008, the Planning Commission unanimously recommended approval of this amendment, and City Council gave the resulting ordinance first reading on July 16, 2008. The CETF is aware that members of City Council had several questions, and staff and the Legal Department have suggested technical changes to the ordinance. Staff has advised the CETF of those changes, and the CETF does not believe that these changes modify their original intent. The specific language approved by the CETF is within Appendix G of this report.
Collecting Costs Associated with Abating Violations as Municipal Taxes
-In accordance with § 5-7-80 of State statute, City Council compel Richland County to implement billing and collection protocol as quickly and efficiently as possible such that the City can collect the costs of cleaning lots and property in the same manner as municipal taxes (recommendation unanimous).
Permitted Fence Material
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that prohibits the use of vinyl or plastic tarps as a fence material and requires the removal of all existing such material within 3 months of the effective date of that amendment (recommendation unanimous).
The specific language approved by the CETF is within Appendix H of this report.
Living within Vehicles
-City Council request the City Manager and/or the City Attorney prepare an ordinance and/or amendment to the Zoning Ordinance that prevents persons from living or sleeping within a vehicle, except in certain expected circumstances (recommendation unanimous).
The specific language recommended by the CETF is within Appendix C of this report.
Indoor Furniture Outdoors
-City Council request the City Manager and/or the City Attorney prepare an ordinance that adopts limits on the amount of time that certain items can remain outdoors, including on porches, balconies, decks, etc. Those "certain items" include appliances, bedding, bottles, glass, cans, cardboard, upholstered furniture manufactured for indoor use only, household appliances, jars, lumber and building supply materials not related to an active permit and not neatly stacked, machine parts, motor vehicles parts, pallets, paper, plumbing fixtures, rags, scrap metal (recommendation unanimous).
The specific language approved by the CETF is within Appendix I of this report.
Festoons and Inflatable Signs
-City Council request the City Manager and/or the City Attorney prepare an amendment to the Zoning Ordinance that prohibits festoons and inflatable signs and requires the removal of all existing such devices within 12 months of the effective date of that amendment (recommendation unanimous).
The specific language approved by the CETF is within Appendix J of this report.
To see the full report, click here.