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1994-08-18 Work Session "11II MtNUTES' OF WORK SESSION, AUGUST ia, 1994 " CONTROL OF ABANDONED STRUCTURES PAGE '2-3'2 ASSEMBLY The New Hanover County Board of Commissioners held a Work Session on Thursday, August 18, 1994, at 10:30 A.M. in Room 501 of the New Hanover' County Administration Building, 320 Chestnut Street, Wilmington, N. C. Members present were: commissioners Sandra Barone; William A. e Caster; William E. Chairman Robert G. Attorney, Wanda M. Harrell. Sisson, Jr.; Vice-Chairman E. L. Mathews; Greer; County Manager, Allen O'Neal; County Copley; and Clerk to the Board, Lucie F. Chairman Greer called the meeting to order and reported the purpose of the Work Session is to discuss control of abandoned structures and a Minimum Housing Ordinance. DISCUSSION OF ABANDONED STRUCTURES AND NUISANCES Assistant County Manager, Dave Weaver, reported after a complete review by staff, it is recommended that the control of abandoned structures become a part of the New Hanover County Nuisance Ordinance instead'of adopting a separate Abandoned Housing Ordinance. This approach is being used because the problems experienced by abandoned structures create the nuisances that endanger the public health, safety and welfare of our citizens. Control of abandoned structures would be through the following modifications to the existing Nuisance Ordinance as underlined below and through vigorous enforcement of the existing condemnation powers: Chapter 11, Nuisances, Article 1: e section 11-2: Illustrative Enumeration. (a) The uncontrolled qrowth of plants, or the accumulation of rubbish, garbage, trash, refuse, junk and other abandoned materials, metals, lumber or other things, which mav attract children and pose siqnificant danqers to children or otherwise pose an unreasonable and siqnificant hazard to persons, whether attributable to pestilence, fire, or other causes. (b) Any condition which provides harborage for rats, mice, snakes or,other vermin. (c) No change in this section. (d) The siqnificant pollution of any stream, lake canal water by sewage, dead animals, industrial wastes substances. or body of or other (e) The use of an abandoned or unoccupied structure or the nearbv qround or facilities thereof, bv children as a plav area, or for anv other use such that the health and safety of children are siqnificantly threatened or endanqered. e (f) The includes, eatinq. use of an abandoned structure bY trespassers which use but is not limited to livinq, sleepinq, cookinq, or (g) An abandoned or unoccupied structure in a partial state of completion with no current buildinq permit that is a hazard .attractinq and siqnificantlY threateninq the health and safety of jchildren or other persons. (h) Any danqerous conditions constitutinq an unreasonable and siqnificant threat to other properties or persons due to hazards around or within anv abandoned or unoccupied structures, whether attributable to pestilence. fire or other causes. .!,r ;, ," .....IIIl / I MINUTES OF WORK SESSION, AUGUST,18, 1994 CONTROL OF ABANDONED STRUCTURES PAGE 233 section 11-4. Notice to Abate. (a) The desianated enforcement officer in charae of investiaatinq and correctina a nuisance shall be appointed by the County Manaaer. section 11-5. Contents of Notice. (a) An order to abate the nuisance or to request a hearing within a reasonable time at the discretion of the enforcement officer. o section 11-7. Abatement by county. Upon failure of a duly notified person to complY with the order, the designated enforcement officer shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. section 11-9. Administrative Hearing. At any time before the expiration of the period specified in the notice to abate or specified for payment of the civil citation, the owner or occupant of the property or, in the instance of a citation the party cited, may request a hearing before the County Manager, or the manager's designee, at the manager's election. In no case shall the hearina officer be the same person as the desianate enforcement officer........ section 11-10. civil citation. The County Sheriff's Department, Health duly designated officer may issue a citation offender to a civil penalty of two ($200.00)......... . Director, or other which subjects the hundred dollars Discussion was held on the proposed amendments to the Nuisance Ordinance. It was concluded that judgement calls will have to be made by the designated enforcement officer when responding to a violation of the ordinance. o Discussion was held on the issuance and expiration of building permi ts. Chairman Greer expressed concern for allowing a person to begin construction of a building without ever completing the structure, and at the same time permitting this individual to board up windows or mow the lawn with the uncompleted structure remaining on the site indefinitely. He asked if building permits should stipulate a date for completion of the structure as designed? Inspections Director, Sky Conklin, reported State Statutes require that construction must begin within six months from issuance of the building permit, or the permit will expire. If construction has started within the six-month period, the permit will continue indefinitely as long as the work permitted is not interrupted for a year. In order to know there is on-going construction activity, the Inspections Department does review the record of inspections and if the office has not been contacted for an inspection once a year, the permit is presumed to be expired. When permits are issued, persons are informed of the need for them to keep a log of building activity so that inspections can occur as needed. Also, an individual can apply for another building permit, and the County cannot deny the permit if all required conditions have been met. A lack of construction activity on a project occurs infrequently; however, there is a mUlti-family housing project on Racine Drive where a small amount of concrete is poured once a year in order to maintain the validity of a building permit because this permit allows for mUlti-family housing on this site. o Assistant County Manager Weaver reported if a date of construction was stipulated on the building permit and the structure was not completed, the County could be responsible for l ""Il ~"t~ MINUTES OF WORK SESSION, AUGUST 18, 1994 ~. CONTROL OF ABANDONED STRUCTURES PAGE 234 completing the house. Also, under the proposed ordinance, if dangerous conditions do exit that present a hazard to other properties or persons, section 11-2(h) will address this issue with action by the designated enforcement officer. e Discussion was held on the language used in the proposed ordinance. Chairman Greer expressed concern for the wording under section 11-1(b), which reads as follows: "In any way renders other persons insecure in life or the use of property..." and requested an explanation of this definition. Assistant County Attorney, Kemp Burpeau, explained that this definition means anything threatening to life or unreasonably impacting the use of the property. After further discussion, it was agreed that the wording of this section should be changed to read as follows: "Siqnificantlv renders other persons insecure in life.... " Discussion was held on the regulations governing condemnation of unsafe buildings as outlined in N.C.G.S. 153-A. Chairman Greer inquired as to why a County ordinance is needed if the state has a condemnation procedure? Assistant County Attorney Burpeau reported the state condemnation statute addresses only structural concernsj whereas, the County Nuisance Ordinance addresses the overall aspects of the property including nuisances such as uncontrolled growth of plants, or the accumulation of rubbish, garbage, junk, etc., which are not addressed under the State condemnation statute. e Director of Inspections, Sky Conklin, reported many people feel condemnation means the structure will be torn downj however, condemnation means the structure cannot be occupied until the structure is made safe. commissioner Caster commented on the proposed ordinance being complaint driven and inquired as to whether additional staff will be needed to enforce the ordinance? Assistant County Manager Weaver reported a Work Session is scheduled for October 1, 1994, to discuss a proposed reorganization of the Inspections Department and Zoning Enforcement. Staff feels the ordinance will not create an overwhelming workload that will require additional staff. DISCUSSION OF MINIMUM HOUSING ORDINANCE Assistant Planning Director, Patrick Lowe, reported the purpose of the Minimum Housing Ordinance is to deal with deterioration of homes, which left unattended will result in conditions dangerous to the health and safety of the individuals living in a home. Under N.C.G.S. 160A-441, the State has allowed counties and cities to deal with these problems. The advantages of a adopting a Minimum Housing Ordinance are as follows: e (1) Improves the housing stock and tax base. (2) Improves the competi ti veness for receiving housing grants. (3) Improves the County's effectiveness in administering grants. A summary of the housing stock for the unincorporated County was presented from the 1990 census figures. The total housing stock was 23,925 with 34 dwellings lacking heat, 82 dwellings lacking complete plumbing, and 88 dwellings lacking complete kitchens. The age of the housing stock was 696 homes constructed .iQ 1939 or earlier and 10,123 homes constructed in 1980 or later. ~ MINUTES OF WORK SESSION, AUGUST 18, 1994 CONTROL OF ABANDONED STRUCTURES PAGE ,2'35 In 1990, 42 houses had been rehabilitated and 6 houses had been demolished. Enforcement of the ordinance would be on a complaint basis only, which would be comprised of tenant complaints; a complaint received from five or more residents in a general vicinity; recommendations received from the Department of Social Services, the Health Department, or some other governmental agency; and an Inspector's observation while working in the field. The ordinance would be limited to areas with grant availability or loan availability in order to avoid displacement of residents. o The following outline was presented on the city's Minimum Housing Program proceedings: -Receive the complaint -Perform the Initial Inspection -Research the property -Send a Courtesy Letter to allow the owner time to respond -Perform Reinspection -Provide Official Notice of the requirements -Hold a Hearing -Reinspect the property -Forward a Notice of Condemnation -Perform demolition of the property if necessary. commissioner Barone inquired as to the length of time involved from the receipt of a complaint until a hearing is held, and she, also, expressed concern for a person who may wish to harass another person through filing a complaint that will give the County the right to inspect the property and intrude on the privacy of an individual's home. Assistant Planning Director Lowe reported the typical time frame for the entire process is a minimum of six months with a maximum of twelve months. The purpose for requiring at least five property owners in a neighborhood to initiate a complaint is to ensure that the complaint is a neighborhood problem instead of a personal grudge. o County Manager O'Neal inquired as to how the ordinance will ensure that elderly persons or partially handicapped persons will not be displaced from their homes because of a lack of income to make the necessary payments, or they do not want to participate in the rehabilitation program? Assistant Planning Director Lowe reported the program will apply only to areas where low interest loans or grants are available. This process is used by the City to keep from displacing individuals. commissioner Sisson reported the main issue is whether or not the condition of the dwelling is posing a hazard to the person(s) living in the dwelling or renting the dwelling. In his opinion, this is the purpose of a Minimum Housing Ordinance. Chairman Greer, again, inquired as to why a Minimum Housing Ordinance is needed and requested an explanation from the County Manager. o County Manager O'Neal reported adoption of this ordinance will allow the County to be more competitive in obtaining community Development Block Grant (CDBG) funds. The reason the County did not receive the last CDBG grant award was because the county did not have a Minimum Housing Ordinance to apply to the target area. Also, an ordinance would allow the County to better administer the grant monies. e e e J H "Ill 1l~: , ' MINUTES OF WORK SESSION, AUGUST 18, 1994 CONTROL OF ABANDONED STRUCTURES PAGE 236 Discussion was held on how people feel about their homes being rehabilitated. Planning Director Hayes reported many homeowners are satisfied with any type of improvement. other homeowners are surprised the government will assist with rehabilitation of their homes, and others want more funds than are allowed under the grant program. Overall, most people are satisfied with very few being dissatisfied. The proposed ordinance will allow the County to better assist property owners in bringing their homes up to the standard building code. Mr. Anthony Gentile, Commission, commented on rehabilitated their homes, increased property tax, and property tax increase? a member of the Human Relations situations where persons have and then are not able to pay the asked if there is a way to avoid a Assistant County Attorney Burpeau reported effective January 1 of each year, the property must be appraised at its real value. Discussion was held on the County's matching funds for the grants received. Assistant County Manager Weaver reported all County funds have been used to expand the sewer system in the target areas. A lengthy discussion was held on clarifying where a Minimum Housing Ordinance would apply. County Manager O'Neal recommended preparing a resolution that will state the Minimum Housing Ordinance will apply first to the target areas with approval of other areas to be considered by the Board of County Commissioners. In summary, it was generally agreed that staff will prepare the resolution for consideration at a regular meeting of the Board. ADJOURNMENT Chairman Greer adjourned the meeting at 12:20 P.M. ~e peC~YJs,bmitted ~ 7V~ ~e F. Harrell Clerk to the Board .....