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Home My WebLink About29. 12-534OCTOBER 23, 2012 12 -534 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND SECTION 17 -36 PUBLIC NUISANCE TO CREATE AN ADMINISTRATIVE FEE FOR NUISANCE INSPECTIONS INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17 -36 RELATING TO BUILDING INSPECTIONS DIVISION FEES FOR PUBLIC NUISANCES AFFECTING PROPERTY USAGE The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 17 -36 of the Oshkosh Municipal Code pertaining to Public Nuisances Affecting Property Usage is hereby amended by adding subsection (F) which shall read as follows: 17 -36(F) Inspection Service Fees 1. The property owner shall be assessed a separate inspection service fee for all violations of this section as verified by the City after an inspection. This inspection service fee shall be in addition to any other fees or special charges authorized by the Municipal Code. Inspection service fees may be placed as a special charge against the property as allowed by statute without further notice if they remain unpaid thirty days after an invoice is mailed to the owners last known address. 2. The fees referred to in this section and other sections of this article shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication on January 1, 2013. OCTOBER 23, 2012 12 -534 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #12 -XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17 -36 RELATING TO BUILDING INSPECTIONS DIVISION FEES FOR PUBLIC NUISANCES AFFECTING PROPERTY USAGE on November 13, 2012. The ordinance amends and updates language relating to the setting of fees related to building construction for the Inspections Services Division. . The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. City of Oshkosh 0 Community Development Department OJHKO.fH 215 Church Avenue, Oshkosh, W1 54901 ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: October 18, 2012 SUBJECT: Amend Municipal Ordinances related to Building Inspection Fees for Public Nuisances BACKGROUND The Building Services Division recently completed an analysis of costs associated with Code Enforcement for code violations and public nuisances. The Code Enforcement process does not recover City costs for investigating, documenting or correcting public nuisances. This Ordinance amendment would be targeted at property owners that create specific public nuisances: junked vehicles, junk & debris on the property and uncut grass violations. Stevens Point is the nearest City that recovers these types of City costs. ANALYSIS The proposed ordinance has two goals - one goal is to partially recover the City costs in Code Enforcement and the other goal is to give the property owner an incentive to comply with current codes and not create future code violations or public nuisances. The City spends about $96,000 for Code Enforcement out of the Community Development Budget -- Inspection Services. There are two staff assigned to the effort — one full -time position that also serves as a building inspector, the other is a seasonal, part -time position. Not all code enforcement costs are proposed to be recovered — only the violations that are often recurring on a property, clearly detracts from the neighborhood and is easily documented. No other property maintenance violations would warrant such a fee. Typically, when the City first receives a citizen's complaint, the code enforcement officer investigates and documents the violation, and then mails a correction notice to the property owner, at no cost to the violator. In some cases, the grass is only cut when the City spends time and money going through the process each and every time with the same violator. If the property owner is required to pay a fee for each violation, staff thinks there will be fewer repeat violators creating these public nuisances. Chief Building Official Zarate completed an analysis of code enforcement related cases, costs, and possible fees and revenues, which is attached to this memo. The proposed $20 fee and re- inspection fee of $50 would be paid by the property owner, or if unpaid, would become a special charge on the property. FISCAL IMPACT The additional revenue generated by the proposed fees would be about $25,000. The additional revenue is reflected in the draft of the City's 2013 Budget. Approved, City Manager PROPERTY STANDARDS FEE RCOMMENDATION The City of Oshkosh Inspection Services Department currently conducts minimum housing and property maintenance inspections for properties where complaints are filed. This program is responsible for ensuring that the exteriors of owner occupied, rental property and commercial property are maintained to protect property values. The program also provides minimum housing inspections on a complaint basis for rental properties. In 2010 there were a total of 1140 correction notices issued for these two categories. Currently the City of Oshkosh does not charge any fees associated with this program. It would be our proposal that the City of Oshkosh adopt an ordinance to charge service fees -when correction notices are sent and there is a failure to comply within a reasonable time frame. Service Fee Option #1: This option would be to adopt an ordinance based on the City of Stevens Point. Stevens Point has adopted an ordinance that charges a service charge to property owners who receive a correction notice for a valid violation of the municipal code. There ordinance reads "a service fee of $20 shall be levied against the property owner for the inspection and preparation of any correction notice or for the investigation of a valid complaint. In the event corrective action is not taken within the reasonable time for compliance, any subsequent notice of a complaint or order given to a property for successive violations of any provisions of this or any City ordinance shall have a $50.00 service charge levied against the property owner. In the event the property owner fails to pay this service charge within 30 days, the fee shall be assessed as a special charge levied against the property under Sec.66.60(16) of WI Statutes." If a similar approach is adopted the potential fees generated based off of last years numbers would be: 1200 Complaints x $20 = $24,000.00 If 25% of issued Correction Notices are not corrected by the noted compliance date(s) the additional fees would be: 25% x 1200 x $50 = $15,000.00. Total possible fees based on this scenario would be $39000.00 Service Fee Option #2: This option would only charge a service fee in the event corrective action is not taken within the reasonable time for compliance. There would not be a service fee for the first correction notice unless the property owner had received prior correction notices within the last 12 months. If subsequent notices are required to be sent to the owner a service fee of $50 would be levied against the property owner. In the event the property owner fails to pay this service charge within 30 days, the fee shall be assessed as a special charge levied against the property under Sec. 66.60(16) of WI Statutes. Potential bees Generated: If 25% of Complaints are not corrected within the time frame: 25% x 1200 x $50 = $15000.00 Benefits of Charging a Service Fee: Charging a service fee to the property owner for valid violations to the City of Oshkosh Municipal code does three things. 1) It makes the owner take responsibility for the violation that is created on their property. 2) It gives the owner an incentive to get the violation corrected within a reasonable time frame to avoid additional fees. 3) It makes the violators pay for the use of the cities resources that are required to enforce the minimum housing and property maintenance codes. Currently the City of Oshkosh does charge an administrative fee for any properties where grass and weeds have been cut by the City. The City also charges for the time and equipment needed to cut those unkempt properties. These bills are sent out by the Streets Department. As of 10/112012 there have been 960 total inspections / re- inspections for grass violations. This has resulted in hundreds of Correction Notices issued to property owners and some 185 properties that have been scheduled to be cut by the City. 1 ResidentiaE tuilding Permit Fees == - - Inspection Fees New construction -- one family $1,000.00 New construction - two family $1,500.00 Additions $5.00/$1,000 valuation Remodel /Repairs- building, accessory buildings, electrical, HVAC, and plumbing $5.00/$1,000 valuation Other Fees Minimum fee for permit $40.00 Commercial B Iding Permit Fees Inspection Fees New construction and additions for building - up to 100,000 c.f. $10.00 11,000 c.f. New construction and additions for building - over 100,000 c.f, $5.00/1,000 a New construction and additions for electrical, HVAC, and plumbing - up to 100,000 c.f. $5.Oo /1,Ooo c.f. New construction and additions for electrical, HVAC, and plumbing - over 100,000 c.f. $2.00/1,000 c.f. Remodel / Repalrs - building, accessory buildings, electrical, HVAC, and plumbing $10.00 /$1,000 valuation Worehouse odditlon only, may use c.f. or valuation fee schedule Plan Examination Fees Alterations in non residential buildings over 50,000 c.f. $150.00 Other Fees Minimum fee for permit $40.00 Parking Lot _ - - Standard $10.00 /$1,000 valuation (maximum of $500.00) Minimum fee for permit $40.00 Sign Permit Fees Standard $10.00/$1,000 valuation (maximum of $500.00) Minimum fee for permit $40.00 'Other Fees - Failure to obtain approved permit prior to commencement of work Double permit fees Electrical license Master $50.00 lourneyman $25.00 Residential wireman $5.00 Moving buildings over public ways $25.00 accessory building and $50.00 for a principal building Multiple Family Dwelling License (2013 license year) ' 4 or fewer units $15.00 per occupant, minimum fee of $75.00 5 or more units $15.00 per licensed unit, minimum fee of $125.00 Service fee for ordinance violation First offense $25.00 Subsequent offenses $100.00 Special Inspection $50.00 Well permit (5 years) Well permit renewal only (not requiring an inspection) $10.00 Well permit requiring an inspection $40.00 Wrecking or razing (buildin Inspector may waive fees if building is condemned) $25.00 accessory building and $50.00 for a principal building