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Scott Cope, Building Department Director discussed Property Maintenance with the |
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following highlights |
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* Property maintenance committee formed to investigate the need for an ordinance. |
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* For communities to use a property maintenance code, the community has to adopt it |
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by ordinance separately. |
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* Conducted a windshield survey which consisted of different areas. |
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* Checked where the non-conforming structures are located. |
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* Tracked previous complaints made. |
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* Major issues are things you can see. |
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* Minor issues are existing problems, but are not known for certain. |
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*20,566 single-family homes |
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*22 single-family rental properties |
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*32 Apartment complexes (5,362 units) |
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* Overall, apartments are in good condition, kept up with no major issues. |
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* 27 rental properties have minor - major violations. |
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* 8 owner occupied homes have property maintenance issues. |
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Mr. Cope discussed residential complaints: |
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* 1,632 complaints looked at from 1999 - 2001. |
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* 76 of those complaints were property maintenance codes. |
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* GIS map indicates the majority of complaints are located in southern part of City. |
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Mr. Cope briefly noted that commercial structures have minor to major violations. |
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Discussed State Legislature (summary obtained from internet): |
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* The Governor signed two bills which give the communities the right to establish an |
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Administrative Hearing Bureau who would hear property maintenance issues brought |
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before them. |
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* It is not known how many people need to be on the Administrative Hearing Bureau. |
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* The purpose of the Administrative Hearing Bureau is to reduce the time frame to gain |
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compliance with a proactive type of enforcement; this will take additional staff. |
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* City needs additional staff to put into service an Administrative Hearing Bureau. |
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* Reviewed this issue with the Mayor in order to implement a course of action. |
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Discussed current City procedure: |
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* Current procedure takes 4 -6 weeks. |
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* City writes a compliance notice. |
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* Resident has 7 - 10 days to comply. |
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* If non-compliance, City issues a civil infraction with a fine of $70 - $500. |
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* 2nd non-compliance, City issues a citation and it is sent to Court. |
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* Court issues have taken as long as 12 - 18 months to gain compliance. |
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Discussed comparable communities surveyed: |
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* Surveyed other communities' actions and enforcement all have a property |
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maintenance code that they have adopted by ordinance. |
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*Novi (enforced on a complaint driven basis) |
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* Not any of these communities have full-time staff. |
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* A number of communities use a resale inspection as a means to maintain code |
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compliance. |
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* There is not a need for proactive property maintenance ordinance. |
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* There are not a great number of buildings that require maintenance. |
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* 76 complaints could be dealt with by enacting an ordinance which would: |
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* Recommend Council adopt the property maintenance code. |
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* Then allow the Building Department to deal with the complaint. |
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* Recommendation to do this on a reactive basis. |
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Chairperson Hill recommended: |
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* Continue to look at what the State provides. |
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* Discuss at future Committee meeting when there is additional information. |
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* Review further to see whether this may be viable and cost effective. |
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* City is not heavily burdened with property maintenance issues. |
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Committee members discussed specific property in need of maintenance |
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* Homeowner knows and is following the ordinances. |
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* This is why Building Department cannot address complaints. If Rochester Hills were |
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to adopt the property maintenance code, it would hasten the process with these building |
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type issues. |
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* Other maintenance areas have coverage in the ordinances. |
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* Property Maintenance Code does not change the ability to enforce. |
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* Property Maintenance Code gives the City the ability to enforce more building code |
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related issues. |
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* If the City were to form an Administrative Hearing Bureau, it would hasten the |
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process. |
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Committee members discussed home based businesses. |
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* City ordinance states homeowners are not allowed a home based business which |
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adversly affects the surrounding neighborhoods. |
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* City ordinance restricts: |
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* Commercial vehicles parked on property |
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* Paid employees coming/going |
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Liz Braddock, Health Inspector for Oakland County, provided a brief report discussing |
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the following: |
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* Restaurant inspection procedures. |
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* inspected every six (6) months |
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* cross contamination issues |
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* consumer advisory issues |
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* After 10 days of non-compliance |
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* Request for facility to attend a pre-hearing meeting for plan-of-action. |
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* First step in license revocation |
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* If no plan-of-action implemented, revocation of license is manually given. |
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* Facility has seven (7) days to appeal. |
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* Sensory Board then approve the revocation or authorizes re-opening of facility. |
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* Article 4 of Oakland County states that every facility is required to have a certified |
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food manager by November 15, 2004. |
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* A two (2) eight (8) hour day course offered every month through the Health |
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Department. |
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* The State gives the owner ninety (90) days to replace a Certified Food Manager. |
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* Michigan Restaurant Association can provide information on State test. |
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* The County verbally informs facilities of this State requirement. |
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* A license is revoked for facility that does not comply with State requirement. |
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* State requires that the public health is protected. |
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Committee discussed offering a certified food management course at City Hall. |
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* Committee members inquired about requirements to host a class. |
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* Health Department will provide instruments needed to conduct class. |
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* Health Department can notify facilities of class schedule at City Hall. |
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* Committee member added several City businesses not in compliance. |
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Committee members continued discussion on Alcoholic Liquor Licenses |
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* City has six (6) new licenses and several in escrow |
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* Escrows reviewed annually |
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* New restaurant establishments are required to bring their own license or obtain one |
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that is in escrow. |
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Committee members discussed the process of transferring a license out of escrow and |
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the remaining six (6) available Class "C" licenses. |
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It was noted that Council members have determined that want to be selective in |
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awarding the remaining six (6) licenses. |
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* State was unresponsive to request for a Class "C" license list. |
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* State website list was lacking information. |
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* State field report via phone call was lacking information. |
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Mr. Cope indicated that he cannot confidentially say from the Building Department's |
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perspective that all businesses are in compliance. He noted there are still some |
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outstanding inspections which will be completed this week. However, there are no |
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guarantees the businesses will pass inspection. |
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Chairperson Hill stated that if the businesses do not pass inspection, there is a process |
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to address this issue prior to taking it to Council and the appropriate AIS meeting will be |
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scheduled if deemed necessary. |
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Committee members discussed returning laptops and WEB RFP |
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* Several Council members expressed a desire to retain their laptops. |
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* WEB RFP - a way to inform residents and to increase turnout. |
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* Upgrades for ADA compliance for vision impaired residents. |
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Committee members discussed OPC fees |
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* Residents/non-residents complaining about the high fees. |
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* OPC board is addressing this issue. |
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* OPC is funded by a millage. |
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* Optional Grand Opening Ceremony was a fund raiser at a cost of $25.00. |
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* Number of non-residents using facility is unclear. |
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* Policy: non-residents $120.00 plus 30% additional fee per class cost. |