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HomeMy WebLinkAboutSOBC Request Form - CDD 4006 Code Enforcement Abatement FundSIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Code Enforcement Nuisance Abatement Fund Page 1 of 4 SUMMARY OF CHANGE Provide an explanation of the problem or need that the SOBC will address. Describe the resources being requested and how they would solve the problem or satisfy the need you’ve described. Identify the funding sources for this request and indicate if you have submitted this SOBC in prior years. If so, when? The Community Development Department is requesting the creation of a “Nuisance Abatement Fund” that would provide funds to “clean up” or remediate properties that are determined to be imminent dangers to the community or nuisance properties throughout the City. Over the past year, several properties have absentee owners, which have become nuisances. These properties are known locations of criminal behavior and are problematic for the neighborhoods in which they are located . Police and Fire resources are exasperated by the frequent calls for service to these locations. Community Development staff is currently working on implementing an existing process to be able to step in and address these properties legally. However, funds are needed to complete the abatement work (boarding the property, shutting off utilities, etc.). The city must create a Nuisance Abatement Fund to ensure action can be taken when necessary. These emergency and abatement actions have not been used in the City since 1996, and these funds are critical for the Chief Building Official to ensure public safety in the current environment. SERVICE LEVEL IMPACT An Abatement fund is necessary for the Chief Building Official to exercise their authority to protect the public from imminent dangers caused by the built environment and properties that create public nuisance for communities. BACKGROUND & SUPPORTING EVIDENCE 205 Casa/1067 Murray is an abandoned residence that was unsecured and quickly deteriorated due to vandalism and exposure to the exterior elements. The Code Enforcement Division tracked the deterioration of the structure and worked with the property owner to gain compliance. However, during October of 2023, the structure was broken into by vagrants, experienced substantial vandalism, and the Building Official to action by formally declaring the structure a dangerous building. After no response from the property owner, the Building Official inspected the site, found structural members at risk of collapse, and instituted emergency actions to secure the site to ensure that neighboring properties and the structure's inhabitants were not exposed to imminent dangers. This included the remediation of structural elements at risk of collapse, boarding up all openings, and installing security doors to prevent unauthorized entry. It cost the Building and Safety Division $21,000 to hire a contractor to complete this necessary work. Additional costs are anticipated. While the impending threats to the community have been eliminated at this property, the public nuisance process is still necessary, and city needs to be prepared to respond to these types of occurrences. The Public Nuisance Process is established in Municipal Code Section 8.24 and has not been utilized by City staff since 1996. This property is scheduled to begin that process at the May 21, 2024, City Council Meeting and a public hearing is anticipated for July 2, 2024. Funding is necessary for the Building Official to initiate a response to the property that is quickly becoming a dumping area due to it being abandoned and the property owner being unresponsive. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Code Enforcement Nuisance Abatement Fund Page 2 of 4 It is important to note that this money is recoverable; however, the city must front the costs to remediate emergency situations and public nuisances. Costs associated with emergency actions are referred to the City Attorney’s Office in accordance with 15.02.130 Section 112.5, which reads: “112.5 Costs of emergency repairs. The jurisdiction shall pay costs incurred in the performance of emergency work. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.” The costs to remediate public nuisances, such as the removal of junk and debris and the clearing of overgrown vegetation that will be required for 205 Casa/1067 Murray, are charged to the property owner in the form of a lien against the property. The report provided to the City Attorney after emergency action was taken on this property is attached. (Attachment A) Key Objectives The goal for this SOBC is to establish ongoing funding within the Building and Safety Division’s budget to guarantee that the Building Official has the ability to take action when necessary and without delay in accordance with Municipal Code Section 15.02.130 Section 112.2, which reads: “112.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to rende r such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency” Additionally, the Building and Safety Division needs funding to execute the Public Nuisance Abatement process in accordance with Municipal Code Section 8.24. Major City Goal or Other Important Objective Addressed Major City Goal 3: Safe Housing – Housing and Homelessness Support the expansion of housing options for all, and continue to facilitate the production of housing, including the necessary supporting infrastructure, emphasizing affordable and workforce housing and accessibly connected development. Collaborate with local non -profit partners, non-governmental agencies, the county, the state, and federal governments to advocate for increased funding and implementation of comprehensive and effective strategies to prevent and reduce homelessness. Strategic Approach: • Environmental Clean up – Strategy 3.3 Environmental clean-ups in creeks, open space areas, City Parks, and public spaces associated with abandoned personal property and trash Alternatives Considered SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Code Enforcement Nuisance Abatement Fund Page 3 of 4 One alternative is to not create a specific abatement fund, but attempt to find money as abatement funds are needed throughout the fiscal year. This is not recommended, because If no allocation is provided, the Chief Building Official may be unable to institute this process due to a lack of funding. This is not recommended because in order for this work to exist, it should be represented in the budget . This separate line item within the Building and Safety Division needs to be established to indicate to staff the possibility of this work occurring. STAKEHOLDERS If implementation of the requested SOBC involves or impacts stakeholders outside of your department (staff from other departments or external partners), identify their role(s) and advanced coordination that has occurred to ensure participation. The Fire Department and Police Department are stakeholders. The example property had over 60 police responses in 2 years and was a known criminal activity location. Additionally, there were several electrical violations imposing risks of fire and an accumulation of junk and debris within the residences. This action has resulted in fewer police calls and a reduced risk of fire hazards. In addition, the community members that live near properties requiring abatement are also stakeholders. IMPLEMENTATION Program Manager: Michael Loew Project Team: Building and Safety Division Public Nuisance Abatement Timeline Date (MM/DD/YY) Task 5/21/2024 A resolution before the City Council to schedule a public hearing for 205 Casa/1067 Murray 7/2/2024 Resolution declaring 205 Casa/1067 Murray a Public Nuisance 8/2/2024 The city is to order the remediation of junk and debris if/when the owner doesn’t take action within 30 days of the public hearing. ATTACHMENTS A – REPORT TO CITY ATTORNEY SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Code Enforcement Nuisance Abatement Fund Page 4 of 4 FINANCIAL AND POSITION ALLOCATION DETAIL TOTAL SOBC REQUEST FOR $20,000 OF GENERAL FUNDS NON-STAFFING DETAIL Fund Cost Ctr Account Current Budget FY25 Requested SOBC Expense CIP Funding New Expense* Net Cost (Expense- Revenue) One- Time/ Ongoing Description 101 4006 New $20,000 Ongoing General Fund Request – Abatement Funds TOTAL $20,000 * Expense should include all costs associated with the requested SOBC. For example, if the request is to add a position that will need specialized tools or require purchase of an additional vehicle, those costs should be included as part of the SOBC. ** If the department has identified a funding source (grant funding, increased fee revenue, etc.) to offset the cost of the request, please describe and explain the identified funding source(s). How certain and stable is the proposed funding source for this request? What is it driven by or contingent on? If this request will be an on-going program or activity, what does the department expect future year funding streams to look like? Please describe below: