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HomeMy WebLinkAbout1991 04-23 EBNHACMAPRIL 23, 1991 CITY HALL 4/23/91 -1- CORRECTED COPY MINUTES OF THE PROCEEDINGS OF THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CALL TO ORDER The Earle Brown Neighborhood Housing Advisory Committee was called to order at 7 p.m. ROLL CALL Committee members present were Jody Brandvold, Everett Lindh, Dolores Hastings, Robert Torres, John Kalligher, June Scofield and Pamela Frantum. Also present were Council Liaison Phil Cohen, EDA Coordinator Brad Hoffman, and Assistant EDA Coordinator Tom Bublitz. LEGAL AND ENFORCEMENT ASPECTS OF CITY'S HOUSING MAINTENANCE ORDINANCE PRESENTATION BY MR. WILLIAM CLELLAND, BROOKLYN CENTER'S CITY PROSECUTOR The Assistant EDA Coordinator introduced Mr. Clelland and explained he was here this evening to discuss with the committee members the various aspects of housing maintenance and code enforcement contained in existing City ordinances. Mr. Clelland began his presentation by explaining he would be reviewing the existing laws in the City regarding housing maintenance and code enforcement and would be walking through a few specific examples of enforcement on a case -by -case basis. Mr. Clelland explained that most of the City's enforcement efforts are accomplished through City ordinances, but he pointed out there are some state statutes that apply to building maintenance, such as the State Hazardous Buildings Law. He explained this law allows the City to eliminate a hazardous situation with regard to a particular building and to assess the cost of that hazard abatement to the property owner. Mr. Clelland explained the three most important City ordinances regarding housing maintenance and code enforcement are Chapter 7 Health, Garbage and Sanitation, Chapter 19 Public Nuisances and Petty Offenses and Chapter 12 Housing Maintenance and Occupancy Ordinance. With regard to enforcement of Chapter 7 Health, Garbage and Sanitation, Mr. Clelland pointed out this ordinance can be enforced on an emergency and nonemergency basis. This ordinance primarily addresses problems in homes that are health -code violations; and, as such, some of these must be addressed on an emergency basis. He explained the cost of clean up of these properties can be assessed against the offending party. He also noted that a public hearing is provided if the offending party protests the assessment to clean up the property. Also, the offending party has the opportunity to pay the costs of clean up or to have it placed as an assessment against the property. Mr. Clelland explained Chapter 12, the City's Housing Maintenance and Occupancy Code, applies to both owner occupied housing and rental housing. There are also provisions for criminal and civil enforcement in Chapter 12. In explanation of Chapter 19 Public Nuisances and Petty Offenses, Mr. Clelland explained there are a number of specific provisions in Chapter 19 dealing with housing and related issues, such as the prohibition against junk vehicles. He explained Chapter 19 has a great variety of provisions relating to housing which are intermittent throughout the ordinance. Chapter 19, however, does not relate solely to dwellings. Mr. Clelland explained the key to enforcement of all of the City ordinances contains primarily three elements, persistence, follow up and documentation. He emphasized these three items must be adhered to in order to maintain an effective enforcement program. He pointed out that he, along with numerous other staff members, is a member of the City's housing project team which meets on an as- needed basis to discuss various enforcement problems throughout the City. As an example of an enforcement effort, Mr. Clelland pointed out that in order to enforce the junk car ordinance the staff must make sure to document and follow -up on the violation. Councilmember Cohen commented the costs to correct a major enforcement violation may be quite expensive, and enforcement efforts against a particular house could total in the thousands of dollars. With regard to enforcement efforts, Mr. Clelland pointed out he attempts to structure the corrective work for people violating ordinances. In other words, if there are four things to do to correct a particular violation, he would recommend various items might be scheduled one for the first week, one for the second week, etc. so that a schedule can be established to more realistically accomplish the corrections needed. Committee member Dolores Hastings brought up the issue of absentee landlords and deferred maintenance on rental properties. In response to this issue, Mr. Clelland stated he advises landlords that if the items are not corrected, the particular units in question will not be rented; and the landlord will be deprived of the income from those units. Mr. Clelland brought up the point that if some individuals are fined and the fine is not preventing 4/23/91 -2 411 them from receiving an income on the property, they will continue to pay the fine indefinitely; and this does not necessarily accomplish the desired results. In response to a question on the status of information on various enforcement cases, Mr. Clelland explained information on enforcement cases is public data once the investigation is done. He cited the example of public information available on restaurants which do not comply with health codes. Councilmember Cohen stated he would like Mr. Clelland to send a letter to the City Manager on some of the current cases so he can relay this information to the Council, especially those cases which are problems with a long history. Councilmember Cohen asked what the City prosecutor needs to do proper enforcement on housing maintenance and related enforcement items. Mr. Clelland responded by explaining one of the most important elements is specific reports on the violation stating the ordinance provision violated and being very specific about the violation. For example, he explained, simply stating a property is in poor condition or a mess is not adequate; the report must explain the specific ordinance violation and describe it in detail. He explained the City prosecutor's office needs the City staff to be the "eyes and ears" of the prosecutor in order to develop an effective case. The better the case is prepared, the less inclined the party will be to go to court. Mr. Clelland pointed out, in his opinion, the Brooklyn Center police department is an exemplary department in keeping records of code enforcement violations. Mr. Clelland explained generally the City can get compliance with the homeowners by giving them specific directions to correct the violation. He also pointed out the City generally does not get inside the house unless there is good reason to believe there is a problem. Access is obtained either through the owner or occupant inviting them in or through a court order. He explained where there is a serious problem, the State's Hazardous Building Law may come into play. Mr. Clelland was asked whether or not he thought "enforcement sweeps," such as are done in the City of Minneapolis, could be an effective tool in enforcement of housing maintenance. Mr. .Clelland commented he believed enforcement sweeps could be effective if people are provided some assistance in helping them correct their problems, such as using City trucks to haul trash and debris away from the property. Councilmember Cohen suggested Mr. Clelland should attend a future council meeting to give a report on housing maintenance and code enforcement so that this issue might get some publicity. He 4/23/91 -3- explained this would also be a benefit to have the council hear the process for enforcement. Councilmember Cohen inquired whether parking on boulevards and lawns is being dealt with presently. The City Prosecutor explained the police should be citing theses violations as routine enforcement items. In conclusion, Mr. Clelland thanked the members of the committee for the opportunity to meet with them and discuss housing maintenance and other enforcement issues. EARLE BROWN NEIGHBORHOOD HOUSING NEWSLETTER The Assistant EDA Coordinator noted he had sent out a draft of the housing newsletter for the Earle Brown neighborhood and would appreciate comments on the draft from committee members. The committee discussed the draft of the newsletter, and Councilmember Cohen suggested the draft be given to a professional in the field of communications so they could revise it and make it a more effective document in terms of communicating with the neighborhood. Additionally, the Earle Brown Neighborhood Housing Advisory Committee members suggested the names and phone numbers of committee members be listed in the first issue of the newsletter. The Assistant EDA Coordinator explained he would revise the draft with the assistance of a communications professional and prepare a final version for the committee. The committee also suggested alternatives be reviewed as to the delivery of the newsletter, such as delivery through the Northwest News delivery system. The issue of home delivery of the newsletter versus mailing of the newsletter was also addressed; and, generally, the committee felt that mailing of the newsletter would be more effective than delivering it door -to -door. ADJOURNMENT The Earle Brown Neighborhood Housing Advisory Committee meeting was adjourned at 9 p.m. Respectfully submitted, Tom Bublitz Recording Secretary 4/23/91 -4-