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10.A.
City Council Meeting - FINAL
Meeting Date:
03/18/2014
From:
Michael Scheu, Building Official

Information

TITLE:

Consideration and Adoption of Ordinance No. 2014-08:  An Ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code, Title 4, Building Regulations, by adding a new Chapter 4-10, Uniform Housing Code, 1997 Edition and Amendments. (This change will streamline the process and simplify debt collection by the City when the cost of repairs or demolition is taken on by the City)

RECOMMENDED ACTION:

At the March 18, 2014, Council Meeting:
1) Read Ordinance No. 2014-08 by title only for the first time
2) City Clerk reads Ordinance No. 2014-08 by title only (if approved above)
At the April 1, 2014, Council Meeting:
3) Read Ordinance No. 2014-08 by title only for the final time
4) City Clerk reads Ordinance No. 2014-08 by title only (if approved above)
5) Adopt Ordinance No. 2014-08 

Policy Decision or Reason for Action:

This ordinance will amend Title 4, Building Regulations, by making certain technical, procedural and administrative changes to the Uniform Housing Code, 1997 Edition (“UHC”), previously adopted by the Flagstaff City Council,

Financial Impact:

See financial implications in additional information.

Connection to Council Goal:

11. Effective governance

Has There Been Previous Council Decision on This:

Not on these specific issues.

Options and Alternatives:

1) Do not adopt Ordinance No. 2014-08

2) Amend Ordinance No. 2014-08

Background/History:

In the last year, staff has increasingly come to rely on the UHC as its principal tool for addressing substandard building complaints. In working closely with the UHC, staff has come to realize that certain technical and procedural changes are warranted in order to not only harmonize the UHC with those other international codes previously adopted by Council, but also to streamline and simplify the process for the collection of debts incurred by the City for the demolition or repair of substandard buildings. In regard to technical amendments, revised Section 701.1, Heating, provides a fairly typical example. Currently, Section 701.1 states that dwelling units shall be capable of maintaining a room temperature of 70 degrees Fahrenheit. The proposed revision amends that standard to 68 degrees Fahrenheit, a change that simply brings this requirement in line with the International Building Code. More significant than these clarifying changes, the proposed amendments modify Chapter 16, which principally governs the legislative body’s hearing of protests.  
 
Currently, UHC, Chapter 16, mandates that the legislative body, in this case the City Council, pass judgment upon the building official’s, and, by extension, the Building and Fire Code Board of Appeal’s, determinations, as well as the “correctness of the charge” for those costs incurred by the City in abating the substandard conditions. The proposed amendments make no changes to Chapter 12, Appeal, which govern an individual’s right to appeal the building official’s decision to the Board of Building and Fire, and specifically adds language, Section 1501.3 – Procurement, to the UHC requiring staff to follow the City’s procurement manual when hiring outside contractors for demolition or repair. As the two principal objectives of the legislative hearing set forth in Chapter 16, to pass upon the report of the building official and to satisfy itself with the correctness of the charge, are already substantially covered by the UHC and the proposed amendments, the need for such a burdensome additional hearing is all but negated.

Key Considerations:

City Council has expressed a desire to see the City take proactive steps in remediating substandard properties. By adopting these amendments, City staff will be able to devote more of their time and energy to that task, and less to the time-consuming and cumbersome administrative tasks currently imposted by the UHC.   

Community Involvement:

Involve

The proposed ordinance and staff summary will be posted in accordance with law, and interested persons are invited to comment at the City Council meetings at which the ordinance will be under consideration. The Board of Building and Fire has reviewed the attached ordinance and is in favor of the proposed amendments.

Attachments