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TITLE: |
Consideration and Adoption of Resolution No. 2023-66 and Ordinance No. 2023-31: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "PZ-23-00094 Updates to City Code - Property Care Standards and Abandoned Vehicles" and an ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 7, Health and Sanitation and Title 6 Police Regulations by adopting by reference that certain document entitled "PZ-23-00094 Updates to City Code - Property Care Standards and Abandoned Vehicles" |
STAFF RECOMMENDED ACTION: |
- Adopt Resolution No. 2023-66
- Read Ordinance No. 2023-31 by title only for the final time
- City Clerk reads Ordinance No. 2023-31 by title only (if approved above)
- Adopt Ordinance No. 2023-31
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Executive Summary: |
The attached Property Care Standards (PCS) and amendments to the Abandoned Vehicle chapter are the outcome of a series of working group meetings during the summer of 2022 and the June and October 2023 City Council work sessions. While the PCS address issues identified as important through the community process, it was also recommended to review existing sections of code that will support the PCS and provide standards that address littering, nuisances (dangerous and abandoned buildings), and abandoned vehicles. Staff will be back in January with the proposed amendments to the Littering Chapter and the Building & Property Care appendix with guidelines on maintaining property. |
Financial Impact: |
The proposed amendments will not have a direct operational financial impact. The existing Code Compliance and Building Safety staff will enforce the code provisions. The current budget does include $20,000 for completing neighborhood level clean-up or improvement projects. Staff will work with the League of Neighborhoods to identify properties that are abandoned or deemed dangerous for use of the funds. |
Policy Impact: |
Attached to this report are the proposed text for a new Chapter 7-06 Building & Property Care Standards, and amendments to Chapter 6-07 Abandoned Vehicles. Staff will present amendments to Chapter 6-06 Littering in January and continue to review Chapter 6-04 Nuisances (Dangerous Buildings) as well as sections of the International Building Code and Housing Code. No changes are proposed to these sections at this time.
Chapter 7-06 Building & Property Care Standards
- includes purpose and intent, definitions, standards for buildings and property, and exemptions
- definitions are short and consistent with those found in a dictionary
- property standards address adequate storage of litter and debris, accumulation of litter and debris, storage of inoperable vehicles/equipment/appliances, hazards and securing vacant properties
- building standards address abandonment, deterioration, and attractive nuisances on private property
- allows temporary security of broken doors and windows no more than 90 days, then they must be replaced
- Current rules allow buildings to be secured (boarded up) indefinitely
- Provides exemptions for community events and disasters
- appendix on best practices to meet the standards
Chapter 6-07 Abandoned Vehicles
- change chapter title to ‘Inoperable Vehicles’
- delete definitions abandoned and junked
- new definitions for Inoperable Vehicle and Sheltered Storage
- inoperable vehicles must be sheltered in a garage, carport, rear fenced yard or covered in driveway or unfenced rear yard
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Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: |
Priority Based Budget Key Community Priorities and Objectives
Safe and Healthy Community
- Foster a safe, secure, and healthy community
- Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices
Livable Community
- Create a welcoming community through partnerships, strong neighborhoods, civic engagement, and resident participation
- Achieve a well-maintained community through comprehensive and equitable code compliance
Carbon Neutrality Plan
Neighborhoods
- HA-3 Preserve affordable housings
Consumption
- SC -3 Divert more waste from the landfill
Regional Plan
- Goal CC.2. Preserve, restore, and rehabilitate heritage resources to better appreciate our culture.
- Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region.
- Policy NH.1.1. Preserve and enhance existing neighborhoods.
- Goal NH.4. All housing is safe and sanitary
- Policy NH.4.2. Reduce substandard housing units by conserving and rehabilitating
existing housing stock to minimize impacts on existing residents.
- Policy NH.4.5. Renovate the existing housing stock to conserve energy and reduce
utility and maintenance costs for owners and occupants.
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Has There Been Previous Council Decision on This: |
Staff has incorporated City Council direction from work sessions including:
- Windows and doors shall be maintained in proper working condition. Where damaged windows or doors require repair or replacement, temporary security measures may be installed for no more than 90 days.
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Options and Alternatives: |
1. Adopt the ordinance as proposed.
2. Amend the ordinance as desired.
3. Do not adopt the ordinance.
4. Ask staff to consider changes or additional amendments to city code. |
Background and History: |
A series community working group meetings and City Council work sessions have been held during the past year and half. A brief timeline is provided below:
- 2012 - Property Maintenance Ordinance not adopted
- November 24, 2020 - Future Agenda Item Request (FAIR) from City Council to prepare a Property Maintenance Ordinance
- May - July 2022 - Six working group meetings
- September 27, 2022 City Council Work Session with recommended approach
- June 13, 2023 City Council Work Session review of draft property care standards
- October 24, 2023 City Council Work Session review of code amendments
- November 14, 2023 City Council email update
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Key Considerations: |
A number of community issues can be considered when reviewing Building & Property Care standards including these current considerations:
- Housing Emergency
- Climate Emergency
- Neighborhood & Heritage Preservation
- Social Equity
- Health and Safety of Neighborhoods
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Community Benefits and Considerations: |
The current FY 24 includes $20,000 to complete neighborhood improvements. Staff recently identified a potential private grant, Love Your Block. The grant will fund up to $100,000, of which $40,000 may be used for neighborhood projects, and $60,000 for a neighborhood liaison or "fellow" to work with neighborhoods on identifying properties and projects that can benefit the community. The intention is the fellow position becomes an ongoing resource which will require coordination with the budget team. Staff will participate in the November webinar to learn more about this program and plan to apply in the 2024 call for projects. |
Community Involvement: |
The purpose of the Building and Property Care Standards (PCS) is to improve and maintain the appearance of the City of Flagstaff and improve quality of life by protecting public health, safety, and welfare. These standards establish minimum exterior maintenance standards for all residential and non-residential buildings and properties in the City to protect against hazardous, deteriorating, and other dangerous conditions.
These standards shall be applied and enforced fairly and consistently. The City shall provide adequate notice to affected property owners to resolve conditions and the City may provide resources to assist property owners with compliance as they are available. It is the intent of the City to work with property owners and tenants to preserve existing buildings and housing. |
Expanded Options and Alternatives: |
Staff has been working with The League of Neighborhoods to create and advance the Building & Property Care Standards. The League includes the Southside Community Association, La Plaza Vieja Neighborhood Association and the Sunnyside Neighborhood Association. Staff created a community survey in 2022 which was used to identify property care priorities and to create a list of interested parties. Staff has maintained an email list of the interested parties and neighborhood partners and have received updates on work sessions and City Council meetings. |
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