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HomeMy WebLinkAboutOrdinance 5019 ORDINANCE NO. 5019 AN ORDINANCE TO AMEND CHAPTER 173 AND CHAPTER 155 OF THE UNIFIED DEVELOPMENT CODE TO REGULATE UNFINISHED HOUSES AS PROPERTY NUISANCES AND ALLOW AN APPEAL TO THE CITY COUNCIL WHEREAS, if a builder fails without good cause to finish construction of a house or duplex within a reasonable period of time such that the Construction Board of Adjustments and Appeals denies extending the building permit, such unfinished house or duplex may become a nuisance to adjoining or nearby property and damage their value and habitability. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 173 .02 (B)(4) as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173 .08 Unsafe Buildings and enacts a replacement § 173 .08 Unsafe Buildings and Property Nuisances as shown in Exhibit "B" attached hereto and made a part hereof. Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 155 .08 Appeals From The Construction Board of Adjustments and Appeals as shown in Exhibit "C" attached hereto and made a part hereof. PASSED and APPROVED this 15'" day of May, 2007. APPROVED: ATTEST: By: By: DAT4 COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer �„rarrrrrnrrr goo * \S Y 0 SG'% e FAYETTEVILLE R�Oi�VGT ON fANSp� ti EXHIBIT "A" 173.02 (B) (4)(a) Building permit duration for house and duplex. Every permit issued for new construction of or additions to One and Two family dwellings shall become invalid and the building may be declared a property nuisance unless the work authorized by such permit demonstrates substantial progress. Substantial progress shall be defined as: • All footing and slab inspections completed and approved no later than 90 days from the date the permit is issued. • All rough-in inspections completed and approved no later than 180 days from the date the permit is issued. • All work completed and approved including Certificate of Occupancy no later than 365 days from the date the permit is issued. The Building Official is authorized to grant, in writing, an extension of up to 90 days in time based on the complexity of the project. Extensions of time exceeding 455 days may only be granted by the Construction Board of Adjustments and Appeals for good cause shown by the builder. (b) Issuance of new building permit for unfinished project. No new building permits may be issued for property for which a building permit has expired unless approved by the Construction Board of Adjustments and Appeals for good cause shown by the applicant and adequate assurance that the project will be completed within the time frame authorized by the Construction Board of Adjustments and Appeals. EXHIBIT "B" 173.08 Unsafe Buildings and Property Nuisances (A) No person or persons, partnership, corporation or (8) Inadequate or hazardous wiring. All wiring except association, hereinafter referred to as "owner", that which conformed with all applicable laws in effect shall keep or maintain any house or building at the time of installation and which has been within the corporate limits of the city which has become dilapidated, unsafe, unsanitary, or maintained in good condition and is being used in a detrimental to the public welfare. safe manner. (9) Inadequate or faulty plumbing. All plumbing (B) Property nuisances. It is unlawful for any person except that which conformed with all applicable laws having charge or possession of any property to in effect at the time of installation and which has been maintain it in such a manner that it is determined by the City, after a due process hearing, that a - maintained in good condition and which is free of property nuisance exists upon such property. - A cross connections. property nuisance shall exist whenever any of the following findings are made by the City Council (10) Inadequate Means of Egress. All means of after a public, due process hearing: egress and related components except that which (1 ) The condition of the property endangers conformed with all applicable laws in effect at the time the life, health, property safety of of installation and which has been maintained in good welfare of the public or occupants of the condition. property. (11 ) Inadequate Fire Suppression and Alarm systems. (2) The condition of the property is so All fire suppression and alarm systems except that dilapidated as to cause a diminution of which conformed with all applicable laws in effect at the enjoyment, use or property values of the time of installation and which has been neighboring properties. maintained in good condition. (3) The condition of the property is detrimental to the public health, safety (12) Dilapitated Exterior. Dilapidated roof coverings; and general welfare. dilapidated or unfinished exterior wall coverings; broken or missing doors and/or windows. (4) Unoccupied. Buildings or structures not properly secured, locked, or closed. (C) Abatement procedures for Unsafe Buildings and Property Nuisances; raze and removal and lien (5) Unfinished. Buildings or structures authorized. which are unfinished subject to the conditions of 173.02 (B) (4). (1) City Prosecution Authorized. The rules and procedures of the Code Compliance (6) Inadequate sanitation, light or Program for abatement of Unsafe Buildings ventilation. Occupied buildings or and Property Nuisances should be followed. If the results of such efforts are structures which lack hot and cold unsatisfactory, the Code Compliance running water to plumbing fixtures Division Director may forward the matter for or lack the minimum amounts of natural prosecution to the City Prosecutor and/or to light and ventilation as required by this the City Council for consideration of a raze code. and removal Resolution. (2) City Council determination whether property (7) Structural hazards. Buildings or nuisance exists. Upon referral from the structures which have such defective, Cade Compliance Division, the City Council deteriorated or inadequate foundations, shall hold a public hearing to determine flooring and/or floor support; wall, whether or not the subject building is a partition, or other vertical support; property nuisance for any of the reasons cspecified in §173.08(8) or otherwise unsafe, ceiling, roof, or other horizontal support; fireplace or chimney as to result in dilapidated, unsanitary or a detriment to the public welfare. unsafe conditions. f EXHIBIT "B" (3) Raze and removal order. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by Resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than 30 days. (4) Lien on the property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the City for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code. EXHIBIT "C" 155.08 Appeals from the Construction Board of Adjustments . and Appeals If the Construction Board of Adjustments and Appeals refuses to extend a building ' permit pursuant to §173.02 (B)(4) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02 (B)(4), the owner may appeal to the City Council. OeD City of Fayetteville Staff Review Form Jr ( its t07 ' City Council Agenda Items and I fi11k 1 fir"' Contracts, Leases or Agreements May 15 2007 City Council Meeting Date Agenda Items Only Yolanda Fields Community Resources Operations Submitted By Division Department Action Required: Approval of Ordinance amending §§ 173.02 (B) and 173.08 of the UDC 0 $ Cost of this request Category ! Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 1lv , Previous Ordinance or Resolution # arten ire or Date r/ Original Contract Date: Original Contract Number: City Attorney Date Received in City TND (� (� ^ Lt �036 „02 Clerk's Office Finance and In Service Director-� Date Received in FRED Mayor's Office r7 G Mayor � Da e Staff Recommends approval of Ordinance amending §§ 173.02 (B) and 173.08 of the UDC Revised April 16, 2007 r CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, Community Resources Director Date: April 24, 2007 Subject: Ordinance amending § § 173 .02(B) and 173 .08 of the UDC Time limits for 1 & 2 family building permits. Definition and abatement of property nuisances. Intent: To provide a mechanism to address 1 & 2 Family building projects that are unfinished. Background : Presently, a building permit is valid unless work has not started for 6 months or if the work has stopped for a period 6 months. When either 6 month period has lapsed, the applicant has the option to extend the permit (with approval) for another 6 months. Additional extensions may be granted Abandoned projects create unfinished and often unsecured structures. Building Safety has authority while the permit is active but little leverage if the project has been abandoned. At this time Code Compliance has no authority to deal with the unfinished project situations. Proposed amendments: There are two parts to the proposed ordinance amendments. 1 In Exhibit A, we are proposing to establish some prescribed times for completion of the major stages of construction which we defined as "substantial progress". To establish the timeframes, we researched our building data and found the average time it takes to complete the footing, framing and certificate of occupancy (final) inspections. We have incorporated a liberal amount for the proposed completion timeframes. We propose that the Building Official may grant extensions for up to 90 days. All additional extensions would be heard and decided by the .CBAA (Construction Board of Adjustments and Appeals). In Exhibit B, we are proposing a method for the determination of a "property nuisances" to be added to the Unsafe Buildings section of the UDC. This section includes a list of conditions that constitute a property nuisance. Conclusion : The proposed ordinance amendments will establish the authority to address 1 & 2 Family building projects that are not completed in a timely manner. If construction does not progress according to proposed amendment in exhibit A, Code Compliance will be able to address these situations as a "property nuisance" through the court system. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS - KIT WILLIAMS, CITY ATTORNEY - - DAVID'WHITAKER, ASST. CITY ATTORNEY - - DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO : - Dan Coody, Mayor City CounciV CC : : Yolanda Fields •:CR/CC Director Steve Cattaneo, Building Safety Director Tim Conklin , Planning & Development Management Director Jeremy Pate, Director of Current-Planning FROM : Kit Williams; City AttorneyC DATE : April 30, 2007. / RE : Unsafe Buildings & Property,Nuisances In order to achieve the goals referred to by Yolanda Fields in her memo and the policies set forth by the_Ordinance. Review Committee, I had . to modify and redraft Exhibits A & B .and add Exhlbit 'C (for an appeal to City Council). I believe these proposed"changes to the Unified ' Development Code (to be submitted for City Council- consideration -during its May 15" meeting) will now accomplish the ". goals to require timely completion of single . family houses and duplexes -(and to prevent unfinished houses from becoming property nuisances and unsafe structures). Violators oftheseprovisions can face fines (if prosecuted) or City 10 , Council abatement actions. The goal is :to prevent neighboring properties from being adversely-affected by "abandoned" unfinished structures. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 173 AND CHAPTER 155 OF THE UNIFIED DEVELOPMENT CODE TO REGULATE UNFINISHED HOUSES AS PROPERTY NUISANCES AND ALLOW AN APPEAL TO THE CITY COUNCIL WHEREAS, if a builder fails without good cause to finish construction of a house or duplex within a reasonable period of time such that the Construction Board of Adjustments and Appeals denies extending the building permit, such unfinished house or duplex may become a nuisance to adjoining or nearby property and damage their value and habitability. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ' Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection 173.02 (13)(4) as shown in Exhibit "A" attached hereto and made a part hereof. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173 .08 Unsafe Buildings and enacts a replacement § 173 .08 Unsafe Buildings and Property Nuisances as shown in Exhibit "B" attached hereto and made a part hereof. Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 155 .08 Appeals From The Construction Board of Adjustments and Appeals as shown in Exhibit "C" attached hereto and made a part hereof. PASSED and APPROVED this 15'" day of May, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" (4)(a) Building permit duration for house and duplex. Every permit issued for new construction of or additions to One and Two family dwellings shall become invalid and the building may be declared a property nuisance unless the work authorized by such permit demonstrates substantial progress. Substantial progress shall be defined as: • All footing and slab inspections completed and approved no later than 90 days from the date the permit is issued. • All rough-in inspections completed and approved no later than 180 days from the date the permit is issued. • All work completed and approved including Certificate of Occupancy no later than 365 days from the date the permit is issued. The Building Official is authorized to grant, in writing, an extension of up to 90 days in time based on the complexity of the project. Extensions of time exceeding 455 days may only be granted by the Construction Board of Adjustments and Appeals for good cause shown by the builder. (b) Issuance of new building permit for unfinished project. No new building permits may be issued for property for which a building permit has expired unless approved by the Construction Board of Adjustments and Appeals for good cause shown by the applicant and adequate assurance that the project will be completed within the time frame authorized by the Construction Board of Adjustments and Appeals. EXHIBIT "B" 173.08 Unsafe Buildings and Property Nuisances (A) No person or persons, partnership, corporation or (8) Inadequate or hazardous wiring. All wiring except association, hereinafter referred to as "owner", that which conformed with all applicable laws in effect shall keep or maintain any house or building at the time of installation and which has been within the corporate limits of the city which has become dilapidated, unsafe, unsanitary, or maintained in good condition and is being used in a detrimental to the public welfare. safe manner. (9) Inadequate or faulty plumbing. All plumbing (B) Property nuisances. It is unlawful for any person except that which conformed with all applicable laws having charge or possession of any property to maintain it in such a manner that it is determined n effect at the time of installation and which has been by the City, after a due process hearing, that a maintained in good condition and which is free of property nuisance exists upon such property. A cross connections. property nuisance shall exist whenever any of the following findings are made by the City Council (10) Inadequate Means of Egress. All means of after a public, due process hearing: egress and related components except that which (1 ) The condition of the property endangers conformed with all applicable laws in effect at the time the life, health, property safety of of installation and which has been maintained in good welfare of the public or occupants of the condition. property. It 1 ) Inadequate Fire Suppression and Alarm systems. (2) The condition of the property is so All fire suppression and alarm systems except that dilapidated as to cause a diminution of which conformed with all applicable laws in effect at the enjoyment, use or property values of neighboring properties, the time of installation and which has been maintained in good condition. (3) The condition of the property is detrimental to the public health, safety (12) Dilapilated Exterior. Dilapidated roof coverings; and general welfare. dilapidated or unfinished exterior wall coverings; (4) Unoccupied. Buildings or structures not broken or missing doors and/or windows. properly secured, locked, or closed. (C) Abatement procedures for Unsafe Buildings and Property Nuisances; raze and removal and lien (5) Unfinished. Buildings or structures authorized. which are unfinished subject to the conditions of 173.02 (B) (4). (1) City Prosecution Authorized. The rules and Procedures of the Code Compliance (6) Inadequate sanitation, light or ' Program for abatement of Unsafe Buildings ventilation. Occupied buildings or and Property Nuisances should be followed. structures which lack hot and cold If the results of such efforts are unsatisfactory, the Code Compliance running , water to plumbing fixtures Division Director may forward the matter for or lack the minimum amounts of natural prosecution to the City Prosecutor and/or to light and ventilation as required by this the City Council for consideration of a raze code. and removal Resolution. (7) Structural hazards. Buildings or (2) City Council determination whether property nuisance exists. Upon referral from the structures which have such defective, Code Compliance Division, the City Council deteriorated or inadequate foundations; shall hold a public hearing to determine flooring and/or floor support; wall, whether or not the subject building is a partition, or other vertical support; property nuisance for any of the reasons ceiling, roof, or other horizontal support; specified in §173.08(B) or otherwise unsafe, fireplace or chimney as to result in dilapidated, unsanitary or a detriment to the unsafe conditions. public welfare. EXHIBIT "B" (3) Raze and removal order. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by Resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than 30 days. (4) Lien on the property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the City for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code.