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HomeMy WebLinkAbout11-28-16 Health and Public SafetyINmP OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK HEALTH & PUBLIC SAFETY Committee Members Present: Other Council Present: Others Present: Agenda: NOVEMBER 28, 2016 3:45 P.M. John Voorde, Oliver Davis, Karen White, Jo Broden Dr. David Varner, Randy Kelly, Tim Scott, Regina Williams- Preston Kareemah Fowler, Joseph Molnar, Michael Passavoir, Kathleen Cekanski- Farrand, Adriana Rodriguez Bill No. 70 -16 – Chronic Nuisance Amendments Committee Chair John Voorde called the meeting to order with one (1) item on the agenda. Bill No. 70 -16 –Chronic Nuisance Amendments Councilmember Tim Scott, with offices on the 4th Floor of the County -City Building, served as presenter and petitioner of this bill. He stated that the chronic nuisance ordinance was working quite well. He explained that after a review of the ordinance, which has been in place since 2013, Councilmember Scott and his team wanted to make some language changes. Scalability for larger complexes like Indian Springs, Hurwich Farms, and Irish Hills needed to be addressed differently by the ordinance. Councilmember Scott stated, We wanted to be fair and equitable across the board with people. He explained that, for example, Irish Hills has two (2) parcels, so its buildings are divided up among those parcels. A single home's limit is five (5) in sixty (60) days. Larger complexes of fifty (50) people or more have a limit of twelve (12) for their entire complex. He stated, Let's look at it per parcel. Within Indian Springs, Hurwich Farms, all these different ones, how their land is broken up—there's different parcels. So what we were looking at is if you have one (1) parcel, per parcel you might have hotspots and calls. Councilmember Scott cited Miami Hills, where there was a specific part of the complex that had issues while other parts did not. He explained that the amendment would change the nuisance call limit thusly: complexes with one (1) parcel are allowed twelve (12) violations; two (2) parcels are limited to twenty -four (24) violations; three (3) parcels are limited to thirty-six (36). Councilmember Scott stated, I think it's a good compromise. He explained that when the ordinance was formed, he and his team looked at almost forty (40) different ordinances around 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574 - 235 -9221 • Fax 574 - 235 -9173 • TDD 574- 235 -5567 • www.SouthBendfN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH R. MOLNAR CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK the country. He stated, We're pretty much the most lenient one out there. In Yakima, by contrast, it does not matter whether you have one (1) or 12,000 units, the limit is five (5) violations within a year before being added to a Chronic Nuisance List. Councilmember Scott stated that they wanted to include the Fire Department in the language of the ordinance, which they did not originally do. There have been Fire Department issues —such as people repeatedly having illegal fires —that currently will not add a person to the Chronic Nuisance List. Councilmember Scott clarified that victims of crime could not be added to the List. He stated, The one (1) thing that we wanted to add was HIPPA —we did not do that with the Fire Department. So, if there are calls for EMS or some emergency with the Fire Department and there's a medical issue within that, that is protected under the HIPPA regulations. He stated that there were updates made to the application of property addresses for consideration of a tenant's rights, in compliance with ACLU and HUD publications. He stated, So, there's language in there that is in line with ACLU and HUD. Ashley Colborn, Assistant City Attorney with offices on the 12th Floor of the County -City Building, stated, The main concern was just making sure that the tenants had notice of the issue and this is going to make sure that happens. Councilmember Scott continued, explaining that for properties who continuously pop up on the Chronic Nuisance List within a six (6) month timespan, there is a heftier penalty of five - hundred dollars ($500) to pay. Committeemember Karen White asked whether a statement in the cover letter of the ordinance had always been in the ordinance —one that states that fees collected through the ordinance would be dedicated to the Law Enforcement Continuing Education Fund. Councilmember Scott responded that it had always been there. Committeemember White asked, Do we have a sense of the number of offenders who just don't get it? Officer Keenan Lane, South Bend Police Department, responded that it was very small. He explained that warrants sent out to properties who continuously offended within a sixty (60) day timeframe usually were effective at stopping violations. He stated, Ninety percent (90 %) of those letters go out, the properties turn around. CO UNCILMEMBER REGINA WILLIAMS- PRESTON JOINED THE MEETING AT 3:55 p. m. Council Attorney Cekanski- Farrand stated, Councilmember White, the original ordinance back in 2013 had fifty percent (50 %) going to the Police Department, but, as to the point person involved here, it's going to one - hundred percent (100 %). Committeemember Jo Broden asked whether or not the chronic nuisance status is changed when a property changes owners. Councilmember Scott responded that the status was tied to the property and not the owner, so it would not change in that scenario. He stated, The reason we did that was that, in past experience, 2 there were "straw sales." He explained that a property owner would sell his property to someone until his nuisance status had cleared and then just buy it back afterward, and so dodge any penalties. He stated that the team has been excellent at working with owners to solve these problems before they have a chance of having their properties added to the Chronic Nuisance List. Committeemember Broden asked, And that's online that you can check on nuisance properties? Councilmember Scott responded, Right. Committeemember Broden asked, Is there anything, though —with regard to transferred papers — if there is a sale? Similar to if I have water in my basement, I have to make that disclosure that my property has chronic problems with water. Is there anything within our documentation, relative to sales— Officer Lane interjected, We've only had one (1) time where that occurred and it was at Miami Hills, actually. They were actually a designated nuisance property, at the time. The owner decided to sell the property, so I did an educational component with the prospective owner. I told him, "Sir, just so you're aware, this is currently designated under Nuisance Property." I explained it to him. I sent him a copy of our ordinance that we have online. He moved forward with the property, understanding that there might be fines involved. And, actually, there were fines involved. And, actually, the new owner paid their fines. So, it was very smooth and it worked out great. Committeemember Broden asked how the law that protects anyone who might be engaging in illegal drinking or drug use that calls 911 to help save someone else who is overdosing or alcohol - poisoned, etc, falls within this ordinance. Officer Lane responded that in a scenario like that, they would be protected. He stated, Our ultimate goal is to solve problems. If someone has an alcoholic problem, our ultimate goal is to give that person help. We are not going to a landlord or owner saying, "Hey, here's the problem, and you need to evict." It's not about eviction. There are a lot of ways to solve the problem. Committeemember Broden asked if that then falls under the ordinance's "no victims of crime" rule. Ms. Colborn responded, Officer Lane does review all these individually, so before any of them are even verified as a valid complaint. We do have that extra layer scrutiny with them. Committeemember Broden asked if reports on an annual basis have worked well and if adjustments needed to be made. Councilmember Scott responded, We're on adjustments. So, we did have meetings six (6) months in a year into this. We have kind of let it go this past year. We did come back up with these improvements. There is a list online of nuisance properties for public view. Keenan, I believe, did a report in June. There was a report filed on how everything is going. Officer Lane stated, Like I said, you have a lot of numbers each month —Code Enforcement loads: there has been approximately 1,200 properties that received citations each month, which count toward the ordinance violation. On the Police side, within a sixty (60) day period, you roughly have 1,300 properties that Police respond to, at least three (3) times or more. So, I have a high volume. Fortunately for me ... citizens contact me either through phone, e -mail, or formal reports with the Police about properties we are responding to a lot. Even yourselves —the Councilpeople— sometimes get a hold of me about that. So, again, it takes time to look at each property to determine what the problem is and then work towards the goal of solving that problem. Officer Lane then reiterated that nuisance properties are listed online. He stated that there were two (2) of them, briefly recounting details of the cases. The first case he described involving college kids partying and drinking, but is on the road to being removed from the Chronic Nuisance List, after five (5) months of being on it. In the second case, there was suspect prostitution, as well as drug use and sales. Officer Lane had not received a call regarding the property since March, due to efforts to get the property owner to turn things around. That property is on the way to being removed from the list, as well. Councilmember Scott stated that he expected there to be far more properties on the Chronic Nuisance List. He stated, The beautiful thing about this: at three (3) calls, they get a warning order. That's where Keenan is involved. Landlords and property owners are actually responding. They are literally taking it seriously and not getting on the list. They are abating the issue before they get on the list, which is beautiful. And that's really what's working here. And that's why we love this scene. Councilmember Dr. David Varner stated, I'm not sure how easy it is to change subdivision boundaries, or to re- subdivide something, but I think I would set the parcel distribution to be as planted the date the ordinance is enacted, so someone can't go back and re- subdivide properties —which I don't think is that hard to do —and instead get twenty -four (24) violations instead of twelve (12). You mentioned Irish Hills —I'll bet that subdivision line goes right down the street, which goes north and south. Councilmember Scott responded, Yeah, there's two (2). Councilmember Varner responded, If you started making each building a parcel —which could probably be done —you would then be eligible for... Committeemember John Voorde interjected, The Assessor generally wouldn't let you do that. Committeemember Oliver Davis and Councilmember Scott briefly discussed the nature of the ordinance that it was concerned with chronic, perpetual nuisance. Councilmember Regina Williams- Preston asked if there were specific code violations that this ordinance dealt with and others that it did not deal with. Councilmember Scott responded, It can be anything within Code, if it's a repeat offense. A lot of that is like a trash issue. We had a property two (2) lots away from me where they would get the litter, they would clean up the trash, and there were days where they would leave their trash back out there again. We investigate people on the same issue over and over again. Councilmember Williams- Preston responded, So, things like roof repair. People can get violations or they can get a ticket. I have a neighbor who is like eighty -six (86) and she just painted her house but her roof is in disrepair. She doesn't have the money to fix the roof, her garage is falling apart. She said that she's constantly called by Code Enforcement. My concern is that she would be considered a chronic nuisance because she doesn't have the money right now. Councilmember Williams- Preston asked if there was anything in the ordinance that addresses exceptional circumstances like this. Councilmember Scott responded, Yeah, they are always investigating, they are always working with folks. That's the key. Councilmember Williams- Preston asked if there was a process by which someone like her neighbor could be helped, or a specific pamphlet containing relevant resources that she could use. Councilmember Scott responded, I'm not sure. I can't speak for Code, but I know that Code is willing to work with people before they go on. It is not cut -and -dry. It is actually an investigation, working with people. Committeemember Jo Broden made a motion to send Substitute Bill No. 70 -16 to the Common Council with a favorable recommendation and Committeemember Karen White seconded the motion, which carried by a voice vote of three (3) ayes. With no further items on the agenda, Committee Chair Jo Broden adjourned the meeting at 4:08 p.m. Respec Submitt d, �, C -- John Voorde, Committee hair 5