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HomeMy WebLinkAbout03-18-91 Human Resources & Economic Development . Q t n ttri &port HUMAN RESOURCES AND ECONOMIC DEVELOPMENT COMMITTEE an the QInuunan &iounril of tie Mtit of ouutil send: The March 18, 1991 Meeting of the Human Resources and Economic Development Committee was called to order by its Chairperson, Council Member Steve Luecke at 4: 10 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Luecke, Duda, Puzzello, Ladewski, Zakrzewski, Coleman, Slavinskas, Soderberg, and Niezgodski; Patricia DeClercq, James Caldwell, Michael Seitz, David Fritz, Barbara Gatto, Don Porter, and Kathleen Cekanski-Farrand. Council Member Luecke noted that the purpose of the meeting was to hear a presentation from members of the Near Northwest Neighborhood, Inc. He then introduced Mr. David Fritz, the President of this Neighborhood Association, and Barbara Gatto, the Head of the Nieghborhood Association's Code Enforcement Committee. Ms. Gatto handed out a map outlining the boundaries of the Near Northwest Neighborhood. She noted that there are approximately 6, 000 individuals who live within the area, composed of 2,300 households. She stated that the Near Northwest is the largest neighborhood group within the City limits. She voiced concerns with regard to "serious problems" involving building, zoning, and environmental problems, and the enforcement of rules and regulations by the Department of Code Enforcement. She stated that based on information compiled over the past several years, that she does not believe that the Codes are being properly enforced. She stated that members of the Near Northwest have met with the Mayor, the Director of Code Enforcement, Mrs. Patricia DeClercq, and the Mayor's Administrative Assistant, Mr. Caldwell, however the results were unsatisfactory. Ms. Gatto then referenced an album compiled setting forth the history of the basic concerns which she outlined. She stated that there are various "snags" which are continuing to allow the deterioration of neighborhoods. The Code Enforcement Committee of the Near Northwest is to assist the process, however they are currently "frustrated". In addition to the building, zoning, and environmental problems, she noted that there are ancillary problems such as noise, parking, and crime. She then noted two examples of repeat properties which have not resulted in satisfactory resolutions. She stated that the property located at 721 Scott has been involved in the Code Enforcement process since 1983, and that the property located at 1035 Van Buren has been involved in the Code Enforcement process since 1985. In both instances there are AIM Human Resources and Economic Development March 18, 1991 Page 2 incomplete resolutions of the problems involved. Often times "bandaid made repairs" are permitted. Ms. Gatto stated that often times the Hearing Officer accepts work which is unsatisfactory, and that perhaps BOCA may be too low a standard to follow. She stated that there should be no final inspections without the proper permits, and that notification letters should be sent with regard to the exact permits which are required. She noted that in 1989 the report from the Department of Code Enforcement noted that there were 500 voluntary compliances. She questioned how many were "true compliances" with regard to the law. She stated that "public trust" must be restored to the process. She noted that the "worst case scenario" involved the properties located at 820 / 820 1/2 Cleveland, which has been in the Code Enforcement process since 1986. There have been 35 environmental inspections and 78 violations on these properties. From 1987 through 1990 there have been 5 external inspections and 3 internal inspections. She questioned the qualifications of the Hearing Officer to do inspections and that often times a "judgment call" is involved with the bond being returned. She suggested that more Stop Work Orders be issued, and that bonds should not be forfeited if they are not in compliance. She stated that additional penalties should be investigated. She also noted the problem of owners with multiple addresses. She highlighted the problem regarding legal notices and post office boxes in particular. She stressed that a "change of attitude" is needed with regard to resolving these problems. Ms. Gatto then gave the example of 816 Allen, where there have been no environmental hearings since 1983 . She noted that over 350 cubic yards of garbage had been removed from the the front yard alone. She stated that the City Administration's response was that it was a "lifestyle problem". She then cited the address of 722 Van Buren, and stated that there have been health and safety problems since September of 1990. She stated that it was scheduled for demolition in September. There are roof and foundation problems, and that the tenants reported electrical sparks at the site with no results. Further problem areas such as 1317 Van Buren, 1040 Human Resources and Economic Development Committee March 18, 1991 Page 3 Van Buren, and 1426 Portage, were also highlighted. Ms. Gatto noted that 1426 Portage was ordered vacated and sealed in 1988, however problems are still there currently. In light of the frustrations of the Near Northwest, a plan developed with the Building Commissioner and the Director of Code Enforcement, was then initiated. It was decided that Zoning Violation Citations would be use. She stated that unfortunately the system has not worked, and that "resident suspicion" was given as the reason that violations were not pursued. Ms. Gatto stressed the need for an experienced Building Commissioner and a qualified Zoning Inspector. Ms. Gatto completed her remarks with stressing the need for the restoration of public trust. She stated that the reason for the Department of Code Enforcement was for public safety. She stated based on the records compiled by the Near Northwest for the past 11 years, the process is flawed. She noted that the current process is leading to further deterioraton, and if it is allowed to continue that there will be a continuing violation of public trust. The album was then circulated among the Committee Members, reflecting information on the above cited properties. It was noted that a meeting with the Council and the Department of Code Enforcement had been scheduled for March 20th at 4: 00 p.m. Mr. David Fritz, the President of the Near Northwest Neighborhood Association, noted that Council Member Luecke and Council Member Duda had made tours of the Near Northwest, where 60 to 70 violations had been brought to their attention. He stated that the end result is that poor code enforcement allows continuing deterioratoin of the neighborhoods. As a result, properties are greatly undervalued and entire blocks of homes are being held hostage. He cited the 500 to 600 block of Scott, 'and the 1200 to 1300 blocks of Van Buren. He stated that crime is a continuing problem. He urged that "positive action" be taken, and that the rights of homeowners should be pursued. He requested the Common Council to take a leadership role so that building, zoning, and environmental codes be enforced. He urged that there be more inspections, more hearings, a new hearing process similar to the Board of Zoning Appeals, higher codes, higher performance bonds, annual inspections for rental units, towing of motor vehicles which are found to be in violation of zoning laws, and changes in the basic philosophy and attitudes of those working in the Code • Human Resources and Economic Development Committee March 18, 1991 Page 4 Enforcement Department. He noted that over 2,000 cases are brought before the Hearing Officer, but few are resolved each year. He stated that all of the files of the Near Northwest Neighborhood Association of their Code Enforcement Committee, were available for inspection by the Council. He appreciated any efforts which the Common Council could take on each of these matters. Council President Niezgodski stated that with the NEST team, that more violations are being reported. He stated that the Police and Fire Departments of the City of South Bend are the best in the State. He then questioned Mrs. DeClercq with regard to several issues raised by Ms. Gatto and Mr. Fritz. Mrs. DeClercq stated that often times orders are ignored, and she detailed the Notice Requirement which must be given to Property Orders before her Department could take action. Council Member Coleman requested written recommendations from Mr. Fritz. Council Member Luecke stated that the overall purpose of todays meeting was to focus on the frustration of the system, which Mrs. DeClercq shares in many instances. He stressed the need for health and safety, and positive suggestions in working together to resolve these problems. He stated that the Mayor's Housing Committee is in process, and that the department's budget and the number of inspectors will be reviewed closely. He further noted that he had specifically requested that Mr. Caldwell and Mrs. DeClercq be present at today's meeting to hear the presentation of the Near Northwest Neighborhood Association. Mrs. DeClercq stated that she would go through the entire process which her Department follows with the Common Council. She stated that her Department takes their responsibilities seriously, and that she has pride and integrity in all members of her staff. She stressed the needs for balancing rights and responsibilities of all individuals in such matters. Council Member Luecke stated that the Administration, the Neighborhood Groups, and the Common Council should work together in the task to develop additional tools to address the problems raised. Human Resources and Economic Development Committee March 18, 1991 Page 5 The Committee was then presented a summary of the material outlined by Ms. Gatto and Mr. Fritz. There being no further business to come before the Committee, the meeting was adjourned at 5:08 p.m. Respectfully submitted, Council Member Steve Luecke, Chairperson Human Resources and Economic Development Committee attachments