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HomeMy WebLinkAbout903A - AMENDING Resolution 903, updating the Guiding Principles and Policies for Code Enforcement, oRESOLUTION NO. 903A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOULDER UPDATING THE GUIDING PRINCIPLES AND POLICIES FOR CODE ENFORCEMENT AS ESTABLISHED IN RESOLUTION NO. 903 WHEREAS, on Apri12, 2002, in Resolution No. 903, the City Council adopted guiding principles and policies in order to establish a strategic framework for code enforcement; and WHEREAS, in 2005, the City Manager commissioned an Independent Assessment of code enforcement in order to gather and synthesize key issues and concerns, possible solutions, and next steps that would be identified via dozens of interviews with residents, CU students, the University, business and property management representatives, city staff and City Council Members; and WHEREAS, during a study session conducted on February 28, 2006, the City Council reviewed and discussed six key issue azeas identified as: • Land Use and Non-Conforming Uses; • Over-Occupancy Enforcement; . Nuisance Abatement; • Prosecution and the Municipal Court; • Resource Management; and • Communication, Outreach, and Education; and WHEREAS, the City Council desires to provide policy direction related to the six key issue areas that will guide the process of updating various practices, policies and ordinances in response to the results of the Independent Assessment; and WHEREAS, the City Council intends that the future legislative actions premised upon the policy direction given in this Resolution will be preceded by thorough and inclusive public processes because the Independent Assessment was conducted through private interviews and in order to assure ample oppor[unities for participation by the numerous stakeholder groups affected by code enforcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: Section 1. Resolution No. 903 remains an appropriate strategic framework for code enforcement in Boulder. This Resolution is intended to initiate the process of updating specific City practices, policies and ordinances in response to the Independent Assessment. Section 2. It is the City CounciPs expectation that staff will plan and budget for a major review of the City's code enforcement strategic framework on a three year cycle. Minor revisions and adjustments may be undertaken as needed, but there should be no expectation that significant revisions of code enforcement-related policies will be undertaken more frequently than the three year cycle. Section 3. Key Issue 1: Land Use and Non-Conforming Uses. The City Council finds that neighborhood environments and quality of life can be improved through physical changes to the built environment achieved by clear, reliable enforcement of city policies governing land use and non-conforming uses. Cleaz, easily administered policies for the discontinuance of non- conforming uses allow property owners to protect their investments, while at the same time allowing the City and residents to monitor and prevent unlawful expansion ofnon-conforming uses. The City Council also finds that further consideration of the use of conditional use permits to regulate non-conforming properties associated with nuisance behaviors may be warranted. Policy Direction: Staff is directed to further analyze, and return to Council with more information on, staff s recommendations to create clear administrative standards for the loss of non-conforming status and a potential requirement for conditional use permits on non- conforming properties to regulate nuisance-type behaviors. Section 4. Key Issue 2: Over-Occupancy Enforcement. The City Council finds that unlawful over-occupancy of properties contributes to negative impacts on quality of life for both the neighbors and residents ofover-occupied properties. Unlawful over-occupancy remains a significant and complicated community concern warranting additional City Council consideration of efforts to involve property owners and managers in solving problems attributable to their property. These efforts should consider incentives (or ways to create economic "win-win") for property owners and tenants who seek code enforcement help. Policy Direction: Staff is directed to undertake a thorough and inclusive public process, including administrative staff hearings, leading to City Council consideration of proposed code changes to allow rental license revocation for repeated, serious quality of life violations. Incentive options should be included if feasible and wazranted. Staff is further directed to develop administrative practices to allow more frequent use of existing Section 10-3- 4(a)(2), B.R.C. 1981, which requires the city manager to reduce the term of a rental license to twelve months when there is a violation involving the limitation on numbers of occupants or numbers of dwelling units found in Title 9, "Land Use Regulation," B.R.C. 1981, which demonstrates a failure to maintain the rental property in compliance with that title. Section 5. Key Issue 3: Nuisance Abatement. The City Council finds that nuisance abatement is an important civil remedy for addressing serious neighborhood disruption. The City's existing ordinance is relatively new, and a few unanticipated limitations have been identified. Improvements to the ordinance are waranted. Policy Direction: Staff is directed to undertake a thorough and inclusive public process, including administrative staff hearings, leading to City Council consideration of proposed code changes in the following areas: Include all state law violations as potential nuisance strikes; include prior waznings of disruption of quiet enjoyment (Section 5-9-5, B.R.C. 1981) as potential nuisance strikes; consider creating an accelerated process through which court action could be initiated without neighborhood mediation when an urgent health and safety threat is present. Section 6. Key Issue 4: Prosecution and the Municipal Court. The City Council recognizes that due process and fundamental fairness limit the ability of a legislative body to direct the conduct of the courts. The City Council supports the Municipal Court's approach to adjudicating quality of life cases, which includes the use of restorative justice and community service systems, in addition to traditional punitive remedies such as fines and jail sentences. Section 7. Key Issue 5: Resource Management. The City Council finds that resource management is an essential means of monitoring the effectiveness and success of the city's code enforcement efforts. Resource management includes evaluating staffing levels, tazgeted enforcement by location, the range of enforcement, and the seriousness and frequency of the offense. Policy Direction: Staff is directed to further analyze and return to Council with options for consideration of the following: Increased staff resources in both Environmental and Zoning Enforcement (EZEO) and the Police Department and potential trade-offs to provide these resources; targeted enforcement by street blocks; the "range" of enforcement (metrics about the range of acceptable or unacceptable behaviors required for a citation); focus on the "very high" quality of life violations identified in the Independent Assessment, i.e., noise, nuisance, trash, alcohol and over-occupancy; further analyze resource allocation options through the business plan and budget processes; provide information to allow Council to re-visit the enforcement focus given the four neighborhoods called out in Resolution 903, i.e., University Hill, Goss- Grove, Martin Acres and East Aurora. Section 8. Key Issue 6: Communication, Outreach, and Education. The City Council finds that improved code enforcement requires additional efforts to educate the public in several respects. Potential violators must understand local laws, especially concerning quality of life violations. Residents who suffer from code violations must understand city enforcement polices and resource limitations. Property owners and managers must be notified of enforcement activities resulting from the activities of their tenants. The City Council approves of the city's existing customer service/ambassador approach to parking enforcement. Policy Direction: The City Council directs staff to pursue the following public communication, outreach and education methods: Use "experts" to help coordinate outreach efforts; use targeted outreach to focus on specific stakeholder groups; conduct thorough and inclusive public processes, as described above, during the development of practice, policy and ordinance change proposals; work to achieve more consistency of enforcement between different officers and departments. ADOPT D this ~ dray of May 2006. f Mayor Attes : _ / City Clerk