BOONE COUNTY FISCAL COURT NOVEMBER 17, 2015
INTRODUCTION
As Boone County continues to experience rapid population growth, the suburban transformation has created tensions with respect to care of property, nuisances, safety and use/enjoyment of property. With the diversity in property types across the county, the need to ensure minimal standards of maintenance and a mechanism to efficiently address various code violations have become an expectation for our citizens and a source of frustration for both taxpayers and County staff.
Data Analysis & Departmental Input clearly indicates a growing issue. Examples include: ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦
Nuisances (eg: vegetation, trash, discarded items) Zoning Violations Animal Control Ordinance Violations Un-Reasonable Occupancy Numbers Drainage Issues Property Maintenance Issues Life Safety Concerns Unfit/Unsafe Structures
In many of these cases, there is no ordinance or effective means for the county to address these issues. In cases where a current ordinance does exist, the process is cumbersome for the County, not efficient for the aggrieved party and not well-laid out for the alleged violator.
CURRENT CLIMATE
Issues Reported by the Public Violations of Current Nuisance Codes: 1/2007- Present: 6,658 1/2012- Present: 3,388
Zoning Violations • 5/13-Present: 253 (Unincorporated Boone) • Average ~100/year
Issues Reported by the Public Animal Control: County Ordinance Violations that will be subject to Code Enforcement Board jurisdiction in the future.
Calendar Year 2014 = 2,582
Property Maintenance is NOT specifically and comprehensively addressed by County Ordinance. As citizens call and have complaints regarding upkeep, drainage, nuisance, life safety…there is very little, if anything the County can do to respond. Common comment that we receive: “ I have an issue that I need assistance with and you are indicating there is nothing that can be done?” Codes/ Code Enforcement Identified on the 2013 Citizen Satisfaction Survey as a public concern
“Once again we are asking you to address the unsightly rubbish and disrepair of the above listed residence. the front porch has for the last 7 days been covered with junk and trash. The resident removed a large section of gutter from the home (3 weeks ago), discarding it on top of the house. This property is an eyesore. It is in severe disrepair with rotting wood porch posts, rotten wood trim above the porch, and scattered trash on the property” “This is the same problem that happened last year which was taken care of but same thing is happening this year. The grass is too high in the property in front of us and on the back of us. There are lots of bugs, insects and flees flying around our property because it effects us directly and this is not setting well with our customers as they are complaining of this and we did pest control several times with no effect because the grass is way too high.” “We have snakes, fox, rabbits, mice, and other rodents running all over the neighborhood. Quite frankly we are sick of having to do this year after year. Please take care of this ASAP!”
“The owner of this home refuses to cut his grass. This has continued for 3 years. We, as a neighborhood, have cut his grass in the past, just so we don't have to look at it. The weeds and grass are out of control. It's only been cut one time in 2013 He also has the money to hire someone to come tend his lawn. He simply refuses to do so. PLEASE, PLEASE help us take
care of this problem! We love our neighborhood, but the neglect from this ONE homeowner makes the rest of our homes look bad, not to mention our property values can suffer as well.”
“There are non running junk vehicles parked outside at XXXX. The dwelling is in disrepair, no utilities, and is being lived in. Has holes in roof, boarded up windows, part of the outside wall is rotted away….”
“ I have submitted numerous complaints about this particular house, before, and it's bad again… This has been going on for months, and
the last time we contacted the County, the house was not quite in foreclosure, but someone did come out and cut the lawn. I don't think the lawn has been cut in over a month (AT LEAST). It's pretty terrible…. It's one of the first houses you see, and it is just terrible looking. There are so many houses for sale, and we are actually thinking of putting ours up, too, and it is just embarrassing. No one is going to want to move into a neighborhood with lawns like that - just looks unkempt!”
Facts: Resident began to keep a full size pig in the backyard of a suburban residential neighborhood, in violations of zoning regulations. Response: Under current structure, the only mechanism for addressing potential code violations is file an action in District Court. Action was filed in District Court. Unfortunately, this puts the issue into the legal system.
Process: Once filed in District Court, matter took 6 months to be placed on docket. Continuance was granted. Alleged violator requested a jury trial. During this time frame, the matter came before a visiting judge who dismissed the matter. Zoning never had the opportunity to testify. Summary: This issue consumed the time of the Zoning Officer, The County Attorney’s Office and the alleged violator for nearly a year and a half. During this time, the affected neighbors were afforded no relief or resolution. Had the County had a Code Enforcement Board, the matter could have been resolved within thirty days AND the alleged violator would still have had the opportunity to appeal to District Court for review and a much speedier resolution for all parties.
Facts: Code Enforcement was notified about a problem in November 2011 property that had a large number of discarded items and disabled vehicles in the yard. Code Enforcement notified the owner who lived out of state. By May, numerous additional complaints had been made to code enforcement who notified the owner, yet no action taken to remediate the problem. After six months of attempting to work with the property owners with no action, the only course of action available involved filing an action in District Court. Process: In December 2012, 13 months after the notice of violation, the hearing was set. Respondent requested additional time and the request was granted. Finally, after 15 months, the hearing was held and property ordered to be cleaned up.
Summary: A simple violation here took 15 months and involved the code enforcement department, county attorney’s office and the district court to reach resolution. A code enforcement board could have heard the case within 30 days. The right to appeal to district court would be preserved.
CREATING AN EFFICIENT & FAIR CODE ENFORCMENT STRATEGY
The environment & timing is right to become more progressive in the ability to efficiently and effectively address the violation of current ordinances and property concerns for many reasons including:
First & Foremost, the Demand Exists ◦ Citizens are requesting (and in many cases demanding) assistance ◦ Nuisance & Zoning complaints under current ordinances average ~854per year ◦ Including Animal Control violations and parking violations, the annual number of complaints jumps to ~3,500 ◦ This does not include complaints about property maintenance, safety and nuisances that we receive complaints about that are not currently covered under a county ordinance
The Growth of the County
The Process for Issues that ARE Currently Addressed is very Cumbersome
◦ The rapid population growth in the unincorporated areas has created more and more suburban neighborhoods and expectations. We also receive concerns from our rural citizens as well. ◦ Growth is not expected to wane
◦ Current process for violator that refuses to comply forces the County to initiate a process in District Court ◦ This can be very lengthy, clogs dockets and produces frustration for affected citizens ◦ The one example that we have that is handled by a citizen board is efficient and has worked well – Parking Violation Hearing Board
The Process for Issues that ARE Currently Addressed is not Advantageous to the Affected Citizen OR the Alleged Violator ◦ The process is very lengthy ◦ Affected Citizens become frustrated with the issue and with the County ◦ Use and enjoyment of properties, safety issues and property values are often impacted ◦ Alleged Violators are FORCED into a legal proceeding that may result in legal fees, need to obtain legal counsel and significant time investment
Many Issues Impacting Sanitary Upkeep, Maintenance, Nuisance and Safety With Respect to Property Are NOT Covered by Ordinance ◦ Home owners often express severe frustration that a neighbor is allowing significant deterioration to the home or external property and the County is unable to address the issue ◦ This can often lead to issues creating unsanitary conditions ◦ Safety Issues can be created ◦ Properties Deteriorate ◦ No meaningful way to address a property until it literally becomes unfit for habitation
The General Assembly has provided a mechanism to allow for local jurisdictions to create local Code Enforcement Boards ◦ KRS 65.8801-8839 provides for the creation of administrative boards to protect, promote and improve the health, safety and welfare of the citizens residing within the local governments of the state and to impose civil fines and remedial orders to provide equitable, expeditious, effective and inexpensive methods for ensuring compliance. - KLC
The Environment is Ripe – Sample of Jurisdictions with Code Enforcement Boards: Boone County
Campbell, KY
Florence, KY
Alexandria , KY
Kenton, KY
Bellevue , KY PDS
(Joint Board under PSD)
Cold Spring , KY Dayton, KY
Unincorporated Kenton Co
Newport, KY
City of Crescent Springs
Silver Grove, KY
City of Crestview Hills City of Fort Wright City of Kenton Vale City of Park Hills City of Ryland Heights
City of Taylor Mill City of Villa Hills Covington, KY Erlanger , KY Fort Mitchell , KY Bromley , KY Lakeside Park , KY Ludlow, KY
Sample of Additional KY Jurisdictions Warren County Bowling Green Franklin, KY Louisville, KY Maysville, KY Horse Cave, KY Murray, KY
STAFF RECOMMENDATIONS
In order to address concerns regarding the County’s ability to respond to alleged violations of County ordinances in a fair and efficient manner and to provide a mechanism that clearly defines minimum standards for maintenance and upkeep of property, the staff recommends that the Fiscal Court strongly consider forming a Code Enforcement Board and enacting a Property Maintenance Code for the unincorporated areas of Boone County.
The staff recommendation is the product of nearly a year’s worth of study and discernment by the Code Enforcement Work Group Work Group included: Jerry Noran, Chief Building Official; Kevin Costello, Exec. Director of Planning & Zoning; Scott Pennington, Director of Public Works; Brad Horn, Code Enforcement Supervisor; Paul Buchannan, Code Enforcement Officer; Gwen Vice, Assistant County Attorney; Mike Morgan, President of Boone County Fire Chiefs Association; Beckey Reiter, Director of Animal Care & Control; Matthew Webster Reviewed KRS statutes, neighboring ordinances, Boone County data, past experiences of county staff, the International Property Maintenance Code, spoken with community groups and reviwed historic files. Created the ordinance before you tonight
CODE ENFORCEMENT BOARD
Key Features & Benefits:
Board comprised of FELLOW CITIZENS Provides efficient method toward resolution Avoids forcing citizens into the court system PRESERVES ALL RIGHTS CURRENTLY AFFORDED TO CITIZENS Creates consistency in code enforcement Puts decision-making power in the hands of fellow citizens
Items to Note:
Proposed Board will consist of 5 members Will meet monthly, but in no case less than quarterly Appointed by Judge/Executive and approved by the Fiscal Court Jurisdiction includes: Zoning Violations, County Parking Ordinances and Property Maintenance Code violations– With the intent to add Animal Control Violations in the next six months History with Parking Appeals Board has been Positive Decisions continue to be appealable to District Court
Items to Note:
By statute, only available for ordinances that have a Civil Fine. Cannot include criminal penalties Has the power to issue remedial orders Must train board members Alleged violators have right to appear, testify and call witnesses Goal is compliance/Remediation. Board has ability to waive fines to this end Notice Requirements ensure fair process
PROPERTY MAINTENANCE CODE
Key Features & Benefits:
Provides format for ONE code for all property maintenance issues Enumerates minimum standards for care and upkeep of structures and property Addresses issues that are currently not addressed Protects the use & enjoyment of property, enhances safety and protects home values Creates fair outlet for frustrated citizens
Items to Note:
Complaint-Driven Philosophy Not designed to be invasive Addresses unfit/ unsafe structures Conflicts decided by Code Enforcement Board, Fellow Boone County Citizens, while preserving all rights that currently exist Respects the diversity between rural and suburban areas of the County by exempting residential parcels 10 acres or more
Process Overview
A. Citizen Reports Issue B. Report Investigated by Code Official C. Notice of Violation or Citation Issued D. Notice of Violation – Time Period to Remedy E. Once Citation Issued, Citizen May Elect to Pay Civil Fine or Contest. F. Code Enforcement Board Hearing Scheduled for Citations that are Contested or Not Paid G. Board Determines Responsibility and May Dismiss or Issue Remedial Order/Civil Fine H. Violator Has Right to Appeal Decision to District Court
Ordinance Format
Article 1 Code Enforcement Provisions
Article 2 Boone County Property Maintenance Code Provisions Article 3 Repeal of Redundant Ordinances/Amendment of Ordinances for Consistency
Need for More Efficient Code Enforcement Mechanism in the County Exists & is Growing Creates a Fair, Efficient Process that Engages the Public Protects Use and Enjoyment of Property Addresses Gaps in Current Ordinances Avoids Jumping Straight to the Legal Process Preserves ALL Rights that Currently Exist Respects Nature of the County
