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10.
City Council Work Session - AMENDED
Meeting Date:
09/27/2022
From:
Dan Folke, Community Development Director
Department:
Planning & Development Services
Co-Submitter:

TITLE:

Discussion and direction on a potential Property Care Ordinance. 

DESIRED OUTCOME:

Staff is seeking direction on how to proceed regarding the maintenance and care of property.   

EXECUTIVE SUMMARY:

City staff held a series of working group meetings during the summer of 2022 to discuss issues related to property care and to prepare language that could be used in an ordinance.  Six meetings were held at the Murdoch Center during May, June and July.  The working group drafted an Intent and Purpose statement and considered standards for Property Care.  Rather than a traditional off the shelf Property Maintenance Ordinance (PMO), the working group has written Property Care Standards that are supported by existing City Code sections.  Attached to this report are two pages of new Property Care standards that address land and structures and refer to existing code sections for more specific standards.  After each standard are references to pertinent sections of the City Code which are attached to this report.  An appendix of best practices for property maintenance is provided.

Staff is seeking direction on how to proceed.  Options include:
1. Prepare a draft ordinance that adopts new Property Care Standards that are supported by existing code (recommended) 
2. Prepare a traditional Property Maintenance Ordinance similar to 2012
3. Do not proceed with a Property Care Ordinance 

INFORMATION:

In 2012 the Flagstaff City Council considered adopting a Property Maintenance Ordinance (PMO).  After a series of meetings and outreach efforts that spanned several years, the Council decided not to adopt the Ordinance.  In the fall of 2020 City Council supported a Future Agenda Item Request (FAIR) to direct staff to work on a PMO.  On November 24, 2020 the City Council reviewed the previous ordinance, received public comment and gave staff direction to began work on a PMO. 

In the fall of 2021 staff began to attend a League of Neighborhood meetings, as well as Southside and Sunnyside neighborhood meetings to begin an informal discussion.  Staff also walked the neighborhood with representatives of La Plaza Vieja Neighborhood Association.  Staff sought input on how to approach the PMO - should we come back with the same proposal as 2012 or write something that is more representative of Flagstaff goals?  The feedback was to create something unique to Flagstaff.  

Staff prepared a community survey to get initial input and to create interest for the working group.  A report on the results is attached from June 23, 2022.  The top concerns were trash and waste, and general accumulation of junk.  31% said adopting some type of ordinance was very important to them.  

A working group email was created that included 68 members.  The working group held six hybrid meetings over the summer on the following topics:        


May 12, 2022 - Purpose of Working Group, PCO Guidelines, Purpose & Intent Statement
May 26, 2022 - Debris Accumulation, Hazards, Equipment & Vehicles, Recycling & Refuse
June 9, 2022 - Attractive Nuisance, Property Perimeter, Street Frontage
June 23, 2022 - Building Deterioration, Abandoned/Vacant Buildings, Vacant/Undeveloped Property
July 14, 2022 - Review of draft standards & remaining topics
July 28, 2022 - Discussion on implementation and compliance measures 

Working group meetings reviewed specific topics and existing code, discussed what was important for that particular topic, and attempted to reach consensus through discussion.  Quite often staff felt the group agreed that current requirements were sufficient or could be improved, but that new areas of compliance were not necessary.  For example, there was little support for adding in maintenance requirements to correct peeling paint on buildings, a common requirement in PMOs.  While this condition is important for the long term preservation and livable condition of a building, the group agreed understanding the situation and supporting owners where necessary is a better approach.  

A common concern expressed by the working group is creating more requirements for homeowners that may already be financially struggling and recognizing the already high cost of housing.  The working group agreed the best approach is to create a Property Care program with staff and resources to work with property owners that need assistance.

The working group certainly represented a range of views on property care.  There were members who expressed concerns that the City does not adequately enforce parts of the existing City Code now.  As well as concerns a PCO will place increased burden on property owners.  Staff believes the proposed Property Care standards provide simple and clear objectives which can be supported by other sections of the City Code.  Staff also believes clarifying and strengthening definitions of terms, and improving how different code sections work together would benefit property care and compliance efforts.     

Attachments