A G E N D A MEETING - Land Bank Authority Manager's Conference Room

Transcription

1 A G E N D A MEETING - Land Bank Authority Manager's Conference Room Thursday, February 15, :45 AM Administration Future Agenda Items Properties of Concern License - Alcohol and Drug Free Houses Rental Housing License Airport Public Works Human Resources Finance Police Department Fire Department Parks & Recreation Planning Department 1

2 Evidence of Abandonment City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A Premises are vacant and it appears as if the occupant has no intent to return. City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A A. Doors and windows of the premises are continuously boarded up, broken or left unlocked City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A B. Rubbish, trash, or debris observably accumulated on the premises City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A C. Furnishing and personal property are absent from the premises City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A D. Premises are deteriorating so as to constitute a threat to public health or safety City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A E. A mortgagee has changed the locks or noticed the public City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A F. Reports of trespassers, vandalism or other illegal acts being committed on the premises have been made to local law enforcement authorities City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A G. The is decreased and there is no evidence that an heir or personal representative have taken possession of the premises City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A H. A code enforcement officer or other public official has made a determination or finding that the premises are abandoned or unfit for occupancy including lack of electricity or water. City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A H. Water City Code referencing 30-A M.R.S.A 3106-B and 14 M.R.S.A H. Electricity Dangerous Building 2-A. Standard. To adjudge a building to be a nuisance or dangerous, the municipal officers or county commissioners must find that the building is structurally unsafe, unstable or unsanitary; constitutes a fire hazard; is unsuitable or improper for the use or occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or is otherwise dangerous to life or property. 2

3 City of Sanford, Maine Land Bank Authority 919 MAIN STREET, SANFORD, MAINE (207) VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED [TODAYS DATE] [OWNER NAME] [OWNER STREET ADDRESS] [OWNER CITY, STATE, ZIP] [BANK NAME] [BANK STREET ADDRESS] [BANK CITY, STATE, ZIP] Re: Property at [LOCATION] Sanford, Maine (Tax Map [MAP], [LOT]) ORDER TO CORRECT Dear [OWNER NAME], On [INSPECTION DATE], the building on your property was deemed a vacant building pursuant to City Code et seq. The building was observed to be vacant and apparently abandoned as evident by the following property defects: [the premises are vacant and it appears as if the occupant has no intent to return; doors and windows of the premises are continuously boarded up, broken or left unlocked; rubbish, trash, or debris observably accumulated on the premises; furnishing and personal property are absent from the premises; premises are deteriorating so as to constitute a threat to public health or safety]. The following violation of the 2003 International Property Maintenance Code (see referenced sections below) were also found: [All vacant structures and premises shall be maintained in a clean, safe, secure, and sanitary condition. See Section 301.3; Windows are broken and the building is not weather tight. See Sections and ; Trim and fascia is deteriorated/has peeling paint. See Section 304.6; Lack of water service to building. See Section ; Structure is unfit for human occupancy. See Section ] Pursuant to City Code, et seq. owners including the mortgagee are required to obtain a license for each of their vacant buildings with the City of Sanford Code Enforcement Office beginning August 1, 2017 and within 90 days of a building becoming vacant, purchasing, transferring, assigning, or acquiring a vacant building. All licenses expire six months from the date of issuance. The City of Sanford intends to take appropriate preventative or corrective measures to address the failure to license and the above mentioned property defects and violations. Your prompt attention to this matter is advised to avoid legal action. You may avert the City s actions by obtaining a vacant building license from the City of Sanford Code Enforcement Office and remedying the property defects and violations as identified in this Order. If you have not remedied the failure to license 10 business days from the receipt of this Order, the City of Sanford will take actions as 3

4 deemed necessary. The City of Sanford intends to recover the City s direct, legal and administrative costs from you. Failure to obtain a license is a civil violation and carries a penalty of $300 for each month the building remains unlicensed. In lieu of or in addition to the issuance of a citation, a land use complaint may be initiated pursuant to Rule 80-K of the Maine Rules of Civil Procedure and 30- A M.R.S.A and 3758-A. A judgement from such a lawsuit in the City s favor will result in a court order that a license be obtained for the vacant building and any other violations be abated; the imposition of a penalty of $300 per month; and the payment of court costs and the City s legal fees. The vacant building may also be deemed abandoned pursuant to 30-A M.R.S.A B or a Dangerous Building or Nuisance pursuant to 17 M.R.S.A if a license for this vacant building is not obtained. The City Council may also hold a hearing and determine whether the building is dangerous or a nuisance within the meaning of 17 M.R.S.A If the City Council finds that the building is dangerous or a nuisance, it may order the appropriate corrective action, including, but not limited to securing the structure, demolition, and removal of the structure. If the corrective action is not taken by the deadline established by the City Council s order, and no appeal is taken, the City may take the corrective action at the City s expense. The City may then recover all of its expenses, including reasonable attorney s fees and costs, by means of special tax or civil action. You may appeal this Order and request a hearing before the City of Sanford Board of Appeals by filing a written petition at the Code Enforcement Office within 30 days of receipt of this notice. This petition shall be submitted on a form provided by the Code Enforcement Office along with the appeal fee. Should you fail to appeal, you will be barred from any opportunity to contest or challenge the terms of this Order in any further legal proceedings. A Vacant Building License Application has been enclosed for your convenience. Sincerely, Jeannie Wood City of Sanford Code Enforcement Officer/Constable jwood@sanfordmaine.org ENCL: Vacant Building License Application 4 CC: Ian P. Houseal, Director of Community Development

5 Properties of Concern Current 2/12/2018 Policy Abandoned building, bank owned, see criteria of abandonment Valid building permit Owner managed, non-abandoned vacant building (90-days), rate Land Bank 9 Kirk Street Habitat for Humanity closing River Street down, boulders, erosion control, no fence yet. 35 Island Avenue demolition, site clean-up complete (awaiting reimbursement from insurance) Dangerous Buildings In Process 13 Deering Neighborhood Road owner s backhoe present on site (2/5/18). Building permit and Dangerous Building action to be refunded. 5, 7 Allen Street Asbestos RFP until February 28, mandatory site visit February Mill Street secure property, service of findings and order in process, will time notice to claim covered property with 30-days. Dangerous Buildings - Pending 209 Brook Street hearing February 20, Island Avenue hearing February 20, Sherburne Street Violation Notice to License Vacant Buildings (batch 1) 3 Beaver Hill Rd 11 Goodwin St 17 Dorsey St 797 Main St (Chainsaw Building) 37 Oxford St 10 Brook St 16 West Elm St 7 Calvins Way 43 Jagger Mill Rd Properties of Concern 8 Perkins Ct 13 Home St Island Avenue Fire 33 Island Avenue, 28 Thompson St court status 5

6 Memo Number: To: Land Bank Authority From: Ian Houseal, Community Development Date: :45:00 Subject: 1 - License - Alcohol and Drug Free Houses RECOMMENDATION Review the attached business license for Alcohol and Drug Free Houses that is not regulated by the State of Maine and consider regulation of Alcohol and Drug Free Housing for consistency between group homes which are State-licensed and unlicensed by the State and as applied from Federal Law regarding housing discrimination. See the definition of Family under Chapter 280 under Zoning Background Information: In consideration of business licenses related to residential uses: - Lodging Establishments - Group Homes - Alcohol and Drug Free Housing - Day Care Facilities ATTACHMENTS Chapter NEW Article - Alcohol and Drug Fee Housing.docx Chapter NEW - Lodging Establishment.docx 6

7 AN ORDINANCE REGULATING ALCOHOL AND DRUG FREE HOUSING CHAPTER 149: LICENSING NEW ARTICLE: ALCOHOL AND DRUG FREE HOUSING PURPOSE. The regulation of businesses that provide living facilities for people in recovery from substance abuse disorders is necessary in order to protect the public health, safety, and welfare and: (1) Protect the residents living in those living situations from exploitation; (2) Maintain adequate health and safety standards for protection of residents and neighbors; (3) Ensure adequate fire, police, and emergency response; and (4) Facilitate appropriate emergency response for residents who may require special assistance during an emergency. APPLICABILITY. This article shall apply to all businesses operating alcohol and drug free houses that are not licensed by the State of Maine. EXCEPTIONS. A license shall not be required from State-licensed community living facilities. DEFINITIONS. In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meaning indicated. Alcohol and drug free house. A business operated on a residential premises tailored for people in recovery from substance abuse disorders that may or may not be occupied under the definition of a family as defined by the Zoning Code, as a community living facility for eight or fewer people residing at that premises that is not a state-licensed housing facility. An alcohol and drug free house is also known as a sober house or recovery house. Operator. The lawful owner of an alcohol and drug free house or a person, firm, or corporation employed and designated by the owner to have primary responsibility for the daily operation of such house and for maintaining standards and conditions in such house that create an environment supportive of substance use disorder recovery. The operator may be a resident of the alcohol and drug free house. LICENSE REQUIRED No person, firm, or corporation may operate an alcohol and drug free house until such person, firm, or corporation first obtains a license for such purpose from the City Council. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team, that the applicant s proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements 7

8 shall be deemed in violation of this article and is adequate grounds for the denial, revocation, or suspension of a license. PROCEDURE AND FEES License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the fee required has been paid through the City Clerk s Office. The fee for a license shall be established under Chapter 149, Licensing, , Fees, of this Code, for alcohol and drug free house. APPLICATION FOR LICENSE A license application shall be made to the City Clerk by the operator on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing: (1) The name of the applicant (operator), business name, and contact information including name, mailing address, phone number and address; (2) An affidavit from the operator, which shall be a statement of having met the requirements of the section concerning the OPERATOR. (3) An affidavit from the owner of the property, which shall state that the owner understands their property is being used for such business activity. (4) Copy of the house rules for the facility, demonstrating having met the minimum standards set expressed in this article. (5) The number of residents. ISSUANCE OF LICENSES; CONDITIONS A license pursuant to this article may only be issued to the operator named and for the address provided on the approved license application. Only one license may be issued for each address and operator named on the approved license application. No transfer of a license is allowed between the names or addresses; any change of ownership or address requires a new license. OPERATOR. An alcohol and drug free house must be operated or managed by a person, firm, or corporation with at least two years experience working with people with substance abuse disorders or, if the operator or manager is in recovery, they must be abstinent for at least one year. MINIMUM HOUSE RULES. An applicant shall provide as documentation with their license application, a set of house rules or documentation of policies and procedures that state, at a minimum: (1) Absolutely no alcohol or non-professionally administered drug use on or off the premises; (2) Eviction for failing to submit a urine sample when asked by house staff and for committing or threatening violence; (3) No visitors allowed without manager s consent and no guests allowed overnight; 8

9 (4) No borrowing money from staff or other residents; (5) Signing-out when leaving and returning to house; and (6) Adherence to house curfew. (7) Providing residents access to staff 24 hours a day, seven days a week. (8) Prohibition against anyone with an outstanding criminal warrant to live there; (9) Providing furnished living space to all residents; (10)Prohibiting smoking anywhere in the house; (11)Emergency procedures. LIFE SAFETY AND PROPERTY MAINTENANCE CODE REQUIREMENTS A. The residential premises shall be in compliance with the appropriate chapter(s) of the NFPA 101 Life Safety Code as adopted by reference. B. The residential premises shall be in compliance the International Property Maintenance Code as adopted by reference. C. The residential premises shall be in compliance with the Zoning Code. CERTAIN LOCATIONS PROHIBITED FROM OBTAINING A LICENSE No license may be issued to a business location within 500 feet of another business of the same kind. 9

10 AN ORDINANCE REGULATING LODGING ESTABLISHMENTS CHAPTER NEW: LODGING ESTABLISHMENTS PURPOSE. The purpose of this code is to protect the public health, safety and welfare of the public by regulating lodging establishments, pursuant to 30-A M.R.S.A 3801 et seq. DEFINITIONS. In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meaning indicated. Bed and breakfast. A unique lodging establishment defined in the Zoning Code where the general public can stay overnight, and may be provided with a limited menu serving only a breakfast meal. This meal can be either a full breakfast or a continental breakfast. Cottage. A lodging establishment which is a single structure where sleeping accommodations are furnished to the public as a business for a day, week, or month, but not more than an entire season. Dormitory. A room in any establishment used for sleeping purposes by four or more unrelated persons. Guest homes. A lodging establishments defined in the Zoning Code as Lodging and specifically the Renting of Rooms and the Furnishing of Board by providing not more than two rooms for rent in a building of residential character, which is used principally as a single-family dwelling, in which the family or person residing permanently in the home acts as proprietor and in which meals may be taken. Hotels, inns, and motels. Lodging establishments defined in the Zoning Code where sleeping accommodations are furnished to the public. Innkeeper. A person, firm, or corporation who keeps a lodging establishment to provide lodging to travelers or others for compensation and who maintains sleeping accommodations. An innkeeper is not a landlord pursuant to landlord and tenant laws as provided in Title 14 of State Statute. Lodging Establishments. Every building or structure or any part thereof kept, used as, maintained, as, advertised as or held out to the public to be a place where sleeping accommodations are furnished to the public as a business, such as bed and breakfasts, guest homes, hotels, inns, motels, and cottages. LICENSE REQUIRED No person, firm, or corporation may operate as an innkeeper or operate a lodging establishment until such person, firm, or corporation first obtains a license for such purpose from the City Council. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team, that the applicant s proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed in violation of this article and is adequate grounds for the denial, revocation, or suspension of a license. 10

11 PROCEDURE AND FEES License applications under this article shall be processed according to the procedures established in this article, Chapter 149, Licensing, and 30-A M.R.S.A 3801 et seq. A license may be issued after the fee required has been paid through the City Clerk s Office. The fee for a license shall be a per room rate established under Chapter 149, Licensing, , Fees, of this Code, for lodging establishment. CITY COUNCIL AS LICENSING BOARD The City Council shall act as the City s licensing board and shall have the authority to grant, deny, suspend or revoke any license in accordance with State Law. POSTING OF RATES Every innkeeper shall post in every bedroom: A. A schedule of the maximum daily rates for that room for occupancy by one or more persons; and B. Any requirement for a minimum number of days for which that room must be rented. EXCEPTIONS. A license shall not be required from dormitories of charitable, educational, or philanthropic institutions, or from private homes used in emergencies for the accommodation of persons attending conventions, fairs, or similar public gatherings, nor from temporary lodging places for the same. LIFE SAFETY CODE REQUIREMENTS In order to have a license for a lodging establishment, the establishment shall be in compliance with the appropriate chapter(s) of the NFPA 101 Life Safety Code as adopted by reference. 11

12 Memo Number: To: Land Bank Authority From: Ian Houseal, Community Development Date: :45:00 Subject: 3- Rental Housing License RECOMMENDATION A direct mailing was sent to 932 rental properties on Monday December 11. Vacant Building Inventory will begin soon. Second Code Enforcement Officer Posted for Hiring. Background Information: To discuss the operation of the licensing program: - Rental Housing License - Enforcement of License Update - CEO hiring update Legal Review Status: N/A ATTACHMENTS Rental License Update docx 12

13 Rental License Update 1. Revenue Update a. Total fees collected $74,000 (updated February 7, 2018) b. Total rental licenses 364 i. Single family % of budget ii. Two family % iii. Three family 44 40% iv. Four to seven family 45 46% v. 8+ family 16 66% vi. Mixed use % c. Owner occupied 68 (budget estimated that there would be 56) d. Owners who have Sanford/Springvale address 168 e. Owners who have Maine address February 28 Rental housing license deadline a. Marketing: LED sign, website, facebook, newspaper 3. March 9 Notice of Violation, certified letter, final notice, intent to collect, contact office and pay immediately. BIG LETTERS, office phone number, amount due, FINAL NOTICE, intent to collect $500 fine for failure to contact office immediately, amount due, service costs, and legal fees in court. 4. March 26 Mail summons to Court with court date: failure to license a. Rule 80H Civil Enforcement Action, uniform citation form b. Fine of $500 plus license fee, plus certified letter cost; or c. Call, pay immediately license fee plus certified letter cost 5. April 1 Regular rental housing inspections begin a. Hiring update b. Rental housing trials (see below) 13

14 Example Rental Housing License Trials 2-4 Stansfield Ln 1. Assessor record two family 2. Two detached single family dwellings owner occupied 3. International Property Maintenance Code, 2003 (IPMC, 2003) a. Determined Violations i : Smoke Alarms ii : Carbon Monoxide Detectors iii : Electrical System Hazard. Basement uncovered receptacles, detached receptacles, space heater (plugged in at time of inspection.) 4. Electrical Non-determination (not electrical inspection NEC, 2014) a. No adopted Code - Pull cord in bathroom b. IPMC 605.2: Any new bathroom receptacle shall have GFCI Protection, Other outlets present in bathroom c. Ungrounded outlet above kitchen sink. No determination of operability 5. Mechanical Non-determination a. IPMC 603 Monitor heater exhaust distance to non-operable window 6. Plumbing Plumbing Code - Non-determined a. IPMC S-traps, drum traps, drainage angle and bends assumed functional b. Electric water heater i. No pressure release valve siphoning concern, safety concern ii. Wiring conduit 7. Zoning - Non-determination a. Parking in front yard setback not observed 8. IPMC 407.7: Food preparation a. No reference to a requirement for a stove b. Zoning no requirement for a stove 9. Occupancy Limit IPMC 404 Questions for Land Bank: 1. Classification of Work (Single family plus accessory versus two family and other multi-units)? 2. Enforcement of Secondary Means of Escape good neighbor, violation when appears in violation, extended timeframe to correct (5-10 years)? 3. Code amendments from above? 14

15 Secondary Means of Escape Code Reference IPMC, 2013 NFPA 101,

16 City of Sanford, Maine Land Bank Authority 919 MAIN STREET, SANFORD, MAINE (207) VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED [TODAYS DATE] [OWNER NAME] [OWNER STREET ADDRESS] [OWNER CITY, STATE, ZIP] REGISTERED AGENT RE: RENTAL PROPERTY OWNER OF [LOCATION] Sanford, Maine (Tax Map [MAP], [LOT]) NOTICE OF VIOLATION Dear [OWNER NAME], Pursuant to City Code et seq. owners are required to obtain a license for each of their rental housing properties with the City of Sanford Code Enforcement Office before December 31 of each year and within sixty (60) days of purchasing, transferring, or converting a property into rental housing. The deadline was February 28. CONTACT THE CODE ENFORCEMENT OFFICE IMMEDIATELY (207) Any person failing to apply for a rental housing license and pay the required fee shall be in volition of City Code et seq. and such violation is a civil penalty and subject to a fine in the amount of $500 per property in addition to any other fines for violating City Code et seq. and the fee for licensing the rental housing. Failure to obtain a license immediately will result in a SUMMONS to court and ORDER to pay fees and fine. Failure to may result in a lien against the property. You may appeal this VIOLATION and request a hearing before the City of Sanford Board of Appeals by filing a written petition at the Code Enforcement Office within 30 days of receipt of this notice. This petition shall be submitted on a form provided by the Code Enforcement Office along with the appeal fee of $ Should you fail to appeal, you will be barred from any opportunity to contest or challenge the terms of this VIOLATION in any further legal proceedings. Sincerely, Jeannie Wood Code Enforcement Officer/Constable City of Sanford