Loading...
01/08/1990 SPECIAL WORK SESSION Housing Issues Report and Code Enforcement Discussion January 8, 1990 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney (Arr. 1:10 p.m.) Michael Wright Assistant City Manager James Polatty Planning and Development Dir. Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 1:01 p.m. and the following items were discussed. A Housing Issues Report was prepared by the Planning and Development Department in consultation with Clearwater Administrative Services Department, Clearwater Police Department, Clearwater Housing Authority, Clearwater Neighborhood Housing Services, Tampa Bay Community Development Corporation, and other interested groups and individuals. The recommendations contained in the report include: 1) Property Maintenance: Simplified and clarified housing code enforcement provisions; consolidation of various code sections; making housing code violations work like traffic violations; expediting enforcement for unsafe buildings; providing support for drug enforcement; providing for concentrated housing code enforcement in entire neighborhoods; and others. 2) Housing Financing: Targeting housing rehabilitation activity; providing a "safety net" for families impacted by code enforcement; continuing to provide resources for the benefit of both homeowners and renters; developing closer daily working relationships with Clearwater Neighborhood Housing Services, the Tampa Bay Community Development Corporation, and the Habitat for Humanity; developing financial, community and other private sources of support for affordable housing, especially in new construction; developing neighborhood leadership and possibly new community development corporations; implementing a new housing construction program and construction financing revolving loan fund; reducing impact fee load on affordable housing; documentary stamps or occupational license surcharges; and others. 3) Design: Developing attractive, affordable housing designs; using designs which reduce opportunities for criminal activity; creating a new medium density (RS-12) zoning district for older residential areas. Michael Wright, Assistant City Manager, indicated that this will be an education process and he cautioned the Commission that there would be no overnight results. Jim Polatty, Planning and Development Director, indicated that the proposal does not cover all programs. The proposal addresses Code Enforcement and housing stock. Staff did a survey of housing stock which focused on the North and South Greenwood areas. He stated they did not cover housing authority programs. Staff found 1,000 structures in the area with Code problems. He indicated that Code Enforcement has been reactive, instead of proactive, and that a lot of time spent on Community Development Block Grant programs has not been pure inspection. It was indicated that one problem was finding a place to relocate individuals if a structure was found uninhabitable. Discussion ensued regarding the process necessary in order to demolish a dilapidated or unsafe building. It was indicated that there have been difficulties in finding absentee owners and it takes 90 to 100 days to proceed. In response to a question regarding whether or not the City assumes liability when they condemn a building, it was indicated that Staff was unaware of any suits regarding this. Concerns were expressed regarding rehabilitating buildings that were not worth the money being put into them for the rehabilitation. Discussion ensued regarding problems in these areas with vacant structures being used for drug dealing and the fact that these structures are being vandalized. It was indicated that Staff has reviewed City Codes and will be bringing forward Ordinances to clarify, simplify, and streamline the enforcement process. Concerns were raised regarding the increase of the workload for the Code Enforcement Board and it was indicated it might be possible that another board would need to be appointed. One recommendation is to assemble all the Enforcement procedures in one section of the Code and to initiate a citation procedure for houses found in violation. If a person does not correct the problem or does not pay the fine, a new ticket will be issued each day. It was also reported that the ticketing process is important since the ticket could be written at the time the violation is found. It was requested that consideration be given to allowing multiple zoning so that an industrial or commercial operation could be established on the first floor and residential on the second floor. It was felt that this would be an incentive to maintain the property. A question was raised regarding using eminent domain procedures. The City Attorney reviewed the process and timeframes involved. A question was raised regarding who makes the decision regarding whether or not a building is substandard or unsafe. The Planning and Development Director indicated that when there is clear danger, it is an unsafe building. However, Staff needs a clear policy regarding its ability to act in these situations. Discussion returned to the economic feasibility of rehabilitating some of these structures and it was indicated that the main thrust of the program will be to fix the reasonable ones and/or to construct new housing. Discussion returned to unsafe buildings and it was indicated that many unsafe buildings cannot be rehabilitated and that securing the structure does not address the problems. In response to a question regarding whether or not the Police Department could enforce "no trespassing" if a building is secured, Assistant City Attorney Robert Surette indicated that this could take place. The Planning and Development Director indicated that if an order to demolish is not complied with, the building official may order the demolition. Discussion ensued regarding the City demolishing buildings and it was indicated that there may need to be an allocation in the annual budget to cover these costs. In response to a question, it was indicated that one of the recommendations is to allow enough funds for the City to make an offer to buy properties with unsafe structures. The City would then demolish the building and have a lot that it could sell for affordable housing. In response to a question regarding whether or not the Police Department has the authority to issue tickets for Code violations, it was indicated they currently have that power. The Planning and Development Director reported regarding the recommendation for concentrated Code Enforcement, with the recommendation being to start with Garden Avenue and going to the Plaza Park Subdivision. It was indicated that there are currently six code inspectors and they are being distributed throughout the City in three districts. A question was raised regarding the ability to use condemned buildings that would be demolished for fire training. The Planning and Development Director indicated he would work with the Fire Department regarding this. Jeff Pruitt of the Planning and Development Department reviewed the proposed Code Enforcement process. He stated if there is a safety problem, the inspector would immediately notify the Code Enforcement Board and no grace period would be given to the owner. He indicated that in using the ticketing process, the Commission would need to set a schedule of penalties and violations. In response to a question, it was indicated that escalating fines were being recommended. Mr. Polatty indicated it is being recommended that the City concentrate its rehabilitation loans into the oldest housing areas in the City and to homeowners with the greatest need. He stated Neighborhood Housing Services and City rehabilitation programs have been audited and problems noted are being taken care of. There will be an effort to involve local financial institutions in this process and Staff will be meeting with these institutions to see if they will allow us to leverage money to create additional dollars for housing, rehabilation and construction. It was indicated a safety net is being proposed for people who are displaced through this program and an agreement has been reached with the Housing Authority. If Federal monies are used in these programs, the City would have to relocate individuals at the City's expense. A recommendation is that the Clearwater Neighborhood Housing Services continue to implement the ownership/purchase program, but make it a part of the City's new housing construction program. The existing $156,000 should be made available to construct new housing in North and South Greenwood. It was reported that NHS of America has committed to the local NHS monies for mortgages. Another recommendation is to establish community development corporations in the Greenwood neighborhood. It was indicated that churches need to be involved in this effort. The Planning and Development Director reported on proposed zoning code amendments. He indicated that there are 300 vacant lots in the North Greenwood area. However, these lots are too small to meet requirements under current code and a new zoning designation of RS-12 is being recommended. Discussion ensued regarding the advisability of this, with a concern being expressed that this would create problems in the future. A suggestion was made that a model block be established. Concerns were expressed regarding minimum square footage of lots and the establishment of setbacks. Discussion ensued regarding a crime prevention through environmental design program and it was indicated Staff would be returning to the Commission with specific proposals. The meeting recessed from 3:15 to 3:20 p.m. Discussion ensued regarding the proposed program for new housing construction. It was indicated that there are some current concerns regarding people's ability to produce down payments and Staff will be meeting with banks and savings and loans regarding leveraging funds. Staff is proposing to establish a group of building plans to be used for those individuals using City money and a marketing campaign will be implemented. It is hoped that 40 units can be constructed in the first year. This will be dependent on what the banks are willing to do regarding the leveraged funds. It is also being considered that a 0% revolving loan fund be established for use by contractors during the construction. In response to a concern regarding contractors not having an incentive to finish the structures quickly, it was indicated that penalties could be established for not meeting timeframes. Another issue to be considered is whether or not the City could provide landscaping and irrigation for these structures. Another program being recommended is the waiver of impact and permit fees. It was indicated that if a house existed on a lot, no impact fees would be due and, in most cases, these fees will not have to be waived. Discussion ensued regarding the desire for a program that could pay for itself and it was indicated that anybody receiving a subsidy from the City would be required to maintain residence in the structure for three to five years. A suggestion was made that the payments be spread out, rather than waived. It was also reported that Staff is recommending reducing rehabilitation funds through the Community Development Block Grant for the coming year and to increase those funds for new construction. The Neighborhood Housing Committee generally approves of the plan and there is support for the Pinellas County document stamp surcharge going toward low and moderate income housing. The Planning Director reviewed the proposal to use Section 8 certificates or housing vouchers to enable owner occupancy by allowing them to accrue a down payment over time. There were concerns regarding this program. Mr. Polatty indicated the cost of the program will be $595,000 for the first year and in the next year's budget, Community Development Block Grant monies would be used toward this program. It was indicated the City was monitoring tax sales and Staff will be bringing recommendations to the Commission regarding purchasing property in this manner. General consensus of the Commission was to accept the report and to direct Staff to proceed. The meeting adjourned at 3:59 p.m.