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