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Home My WebLink About29. 18-299 MAY 22, 2018 18-299 ORDINANCE FIRST READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: REPEAL AND RECREATE SECTION 17-36(F)(1) REGARDING INSPECTION SERVICE FEES FOR PUBLIC NUISANCE AFFECTING PROPERTY USAGE INITIATED BY: INSPECTIONS DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING 17-36(F)(1)OF THE MUNICIPAL CODE PERTAINING TO INSPECTION SERVICE FEES FOR PUBLIC NUISANCE AFFECTING PROPERTY USAGE The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 17-36(F)(1) of the Oshkosh Municipal Code pertaining to inspection service fees for public nuisance affecting property usage is hereby repealed and recreated to read as follows: (1) The property owner shall be assessed a separate inspection service fee for violations of this section as verified by the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. SECTION 2. This ordinance shall be in force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #18-299 REPEAL AND RECREATE SECTION 17-36(F)(1) OF THE MORALS AND CONDUCT CODE REGARDING INSPECTION SERVICE FEES FOR PUBLIC NUISANCE AFFECTING PROPERTY USAGE on May 22, 2018. This Ordinance repeals, and recreates the Morals and Conduct Code section of the Municipal Code pertaining to inspection service fees for public nuisance affecting property usage. 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. TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: May 17, 2018 RE: Repeal and Recreate Section 17-36(F)(1) Regarding Inspection Service Fees for Public Nuisances Affecting Property Usage BACKGROUND Current City codes relating to long grass, junk and debris, and parking vehicles on the lawn are regulated by Chapter 17 and are considered Public Nuisances. In addition to changes to municipal residential rental inspection programs, Act 317 recently passed by the Wisconsin Legislature also now prohibits cities from charging an inspection service fee for noxious weeds, electronic waste, or other building and property maintenance violations unless the person has first been notified by mail or email that a fee may be charged. The practical effect of this is that the City will not be able to charge for the first inspection of the property. Fees can be charged for second and subsequent inspections after notice has been provided. ANALYSIS The current code assesses an inspection service fee for "all" violations of Chapter 17 Public Nuisances to follow the fee schedule adopted by Council. The proposed ordinance would remove the word "all" from the code. The proposed change to the ordinance will allow for the separation of fees prohibited by Act 317 for property maintenance and other Chapter 17 Public Nuisances that are more than property maintenance such as odors, vermin and pests. The accompanying resolution for updating the property maintenance inspection service fees is on the May 22, 2018 Council agenda for consideration. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT It is the intent to keep the fiscal impact of Act 317 as budget neutral as possible. The free first inspection will have a significant impact on the program revenue, so the second and subsequent inspection service fees will be adjusted. Staff has reviewed the last 16 months of data and the first inspections provided significant revenue to the program. After taking the first inspection fees out of the projected revenue, the second and subsequent inspection service fees were increased to the point that the revenues approximately covered the expenses. This may not close the entire fiscal gap created by Act 317, so that the fees may need further adjustment, or the Council may use General Purpose tax levy dollars to fund the first inspections. Staff will have the next few months to gather data on the inspection service fee revenues prior to Council considering the 2019 budget. RECOMMENDATION The Council approves the change to Chapter 17-36(F)(1) as proposed. Since grass is growing quickly at this time of the year, staff recommends adopting the Ordinance on the first reading. Submitted, Allen Davis Community Development Director Approved, rk A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Existing Code with Changes (F) Inspection Service Fees (1) The property owner shall be assessed a separate inspection service fee for a4 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.