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
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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.
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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.