#3 Public hearing and action to amend reinspection fees (File Ord. 2009-447)
Community Development Department Memorandum
Date: January 5, 2010
TO: Janesville City Council
FROM: Gale S. Price, AICP, Building & Development Services Manager
SUBJECT: Second reading, public hearing and action on a proposed ordinance
amending the City’s Building, Vehicles and Traffic, and Housing
Regulations regarding fees for re-inspections
(File Ordinance No. 2009-447)
Summary
The City Council earlier this year provided direction to Staff regarding amendments to
the City Code to help address timing of enforcement of orders-to-correct. This directive
was the result of a study session regarding overall code enforcement policies and
procedures. In addition to changes in procedure for enforcement, an amendment to
address reinspection fees was recommended. Attached is the draft of the
recommended ordinance change. It also includes sections of the code to further
address areas that have been difficult from the enforcement standpoint including raze or
repair timelines, junk vehicles and housing violations.
City Manager’s Recommendation
The City Manager supports adoption of the proposed ordinance amendments which will
expand the use of reinspection fees to raze or repair agreements, housing violations
and junk vehicles. The proposed Ordinance is in response to concerns brought forth by
the Council at the study session in the Summer 2009.
Suggested Motion
Move to adopt File Ordinance No. 2009-447, amending the City’s Building, Vehicles and
Traffic, and Housing Regulations regarding fees for re-inspections.
Request
The City Council held a study session in May, 2009 to discuss Code enforcement
policies and procedures. Members of the Council were concerned about the policies
and procedures as they relate to the amount of time necessary to gain compliance with
building and nuisance code enforcement.
During the study session the Council reviewed a number of issues including standard
procedures for enforcement, the history of enforcement process and procedures,
reinspection fees and the abatement process for nuisance violations, vacant building
ordinances, boarding up of vacant buildings and the raze or repair process.
The Council also explored changes in policy to help streamline the enforcement process
and reduce the amount of time needed to bring properties into compliance; and also
reviewed the possibility of adopting a vacant building ordinance where such structures
would be registered with the City required to be boarded up. The Council directed Staff
in the Community Development Department to reduce the amount of time in the
enforcement process by removing the 14 day order to correct step. Lastly the Council
directed Staff to draft a Code Amendment to expand the use of the reinspection fee. A
follow-up memorandum regarding the change in policy by the Community Development
Department will be provided with an upcoming agenda packet. A third memo providing
additional information regarding a potential vacant building ordinance will also be
provided.
History of Reinspection Fees
In March, 2008 the Council adopted an ordinance establishing reinspection fees and an
abatement process for properties that are subject to nuisance complaints. The changes
were made to give Housing and Neighborhood Services Staff an additional tool to
promote compliance with the property maintenance ordinances. Since adoption of the
Ordinance, the Housing and Neighborhood Services Department has seen a significant
increase in compliance with orders-to-correct and have only needed to charge a
reinspection fee 48 times in 2009, resulting in $2,400 in charges, and 18 times in 2008,
resulting in $900 in charges. This equates to approximately three percent of the over
2200 complaints to Housing and Neighborhood Services resulting in reinspection fees
for non-compliance. The financial incentive to comply with the ordinances has
significantly decreased the time it takes to obtain compliance. Recognizing the
improvement in compliance levels for codes enforced by that department, the Council
directed Staff to prepare an ordinance to expand the use of the reinspection fees to
other areas of the administration.
Specifics of the Proposed Code Amendment
The proposed ordinance expands the use of the reinspection fees into several areas
and would no longer be limited to nuisance violations and residential construction
projects. The proposed expansion would allow application of reinspection fees to
include junk vehicles and housing violations as enforced by the Neighborhood Services
Department; and commercial construction projects and raze or repair projects as
enforced by the Community Development Department. The proposed ordinance is
expanded into these areas to address ongoing enforcement issues and give Staff
another tool to promote compliance in areas that have been problematic.
As a courtesy, the reinspection fee would not be imposed on the first reinspection visit
to the site if the owner contacts staff to schedule the reinspection when they believe that
everything is in compliance. This generally is limited to construction projects when
contractors contact Staff to schedule the reinspection. If the inspector finds that all
items are not in complete compliance, a second follow up would be planned. If the
property is not in compliance with the second follow up then the reinspection fee would
be imposed. When a strict compliance deadline is created (as with a raze or repair
order) the reinspection fee would be imposed whenever a deadline is missed.
Pros and Cons of the Proposed Ordinance Amendment
Pros:
?
Covers a portion of the staff time associated with multiple inspections.
?
History has shown increased compliance with orders-to-correct when a
reinspection fee can be imposed.
?
Significantly less paperwork is required with a reinspection fee versus issuance
of a citation to the property owner.
?
Reinspection fees cannot be appealed to the Zoning Board of Appeals;
therefore, less Staff time is expended as the result of a property owner
disputing the additional fee in comparison to issuance of an order to correct
which may be appealed to the Zoning Board of Appeals. There is also
significant Staff time with the issuance of a citation when the defendant
chooses to dispute the citation in court. (there is an administrative appeal
process for a reinspection fee).
?
Non-payment of a citation can result in the defendant serving time in the Rock
County Jail (if the judge chooses to issue a warrant for arrest), which results in
the City paying $50 per day for the defendant serving time in jail. The decision
to issue a warrant is completely at the discretion of the Judge who handled the
original case and has recently occurred with two citations issued by the
Community Development Department.
?
The $50 reinspection fee is viewed as a less punitive approach as compared to
issuance of a citation which is $502.
Cons:
?
The expanded use of the reinspection fee may be perceived as the City is
adopting the ordinance to solely increase revenue even though it is focused on
cost recovery and gaining compliance.
cc: Brad Cantrell
ORDINANCE NO. 2009-447
An ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations regarding fees for
re-inspections, with penalties for violations thereof as set forth in the applicable Chapters of Janesville’s Code
of General Ordinances.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Sections 15.01.140.VII, VI, V, I.D and II.E of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
CITY OF JANESVILLE
BUILDING PERMIT FEES
VII. RE-INSPECTION FEE
$50.00
A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling
projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or
if the work is complete but not in conformance with the applicable building code requirements and the work is
still not in conformance with the applicable code requirements upon re-inspection. The property owner or
general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is
requested. Such fees shall be paid prior to an occupancy inspection.
CITY OF JANESVILLE
HVAC PERMIT FEES
VI. RE-INSPECTION FEE
$50.00
A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling
projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or
if the work is complete but not in conformance with the applicable building code requirements and the work is
still not in conformance with the applicable code requirements upon re-inspection. The property owner or
general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is
requested. Such fees shall be paid prior to an occupancy inspection.
CITY OF JANESVILLE
ELECTRICAL PERMIT FEES
V. RE-INSPECTION FEE
$50.00
A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling
projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or
if the work is complete but not in conformance with the applicable building code requirements and the work is
still not in conformance with the applicable code requirements upon re-inspection. The property owner or
general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is
requested. Such fees shall be paid prior to an occupancy inspection.
CITY OF JANESVILLE
PLUMBING PERMIT FEES
I.D. RE-INSPECTION FEE
$50.00
Are-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling
projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or
if the work is complete but not in conformance with the applicable building code requirements and the work is
still not in conformance with the applicable code requirements upon re-inspection. The property owner or
general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is
requested. Such fees shall be paid prior to an occupancy inspection.
II.E. RE-INSPECTION FEE
$50.00
Are-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling
projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or
if the work is complete but not in conformance with the applicable building code requirements and the work is
still not in conformance with the applicable code requirements upon re-inspection. The property owner or
general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is
requested. Such fees shall be paid prior to an occupancy inspection.
SECTION II
. Section 10.52.045 of the Code of General Ordinances of the City of Janesville is hereby created
to read as follows:
10.52.045 Reinspection fee
A Fifty Dollar ($50.00) reinspection fee shall be charged by the City
against and paid by the property owner for every violation that is not corrected by the reinspection date. An
additional Fifty Dollar ($50.00) reinspection fee shall be charged by the City for each subsequent reinspection
per violation until full compliance is achieved.
SECTION III
. Section 16.08.195 of the Code of General Ordinances of the City of Janesville is hereby created
to read as follows:
16.08.195 Reinspection fee
A Fifty Dollar ($50.00) reinspection fee shall be charged by the City
against and paid by the property owner for every violation that is not corrected by the reinspection date. An
additional Fifty Dollar ($50.00) reinspection fee shall be charged by the City for each subsequent reinspection
per violation until full compliance is achieved.
SECTION IV.
This ordinance shall take effect immediately upon adoption by the Common Council, the public
health, welfare, peace, tranquility, good order, public benefit, and police power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department