2008-05 AMENDING CITY CODE - CHAPTER 70 - PROPERTY MAINTENANCE CODE

Home Browse Search

LEGAL DEPARTMENT MEMORANDUM NO. 2008-04 January 29, 2008 � TO: Honorable Mayor Osborne and City Council FROM: Steve Garm ity Manager Wendy Mort , Corporation Counsel Amy Waks, ss stant Corporation Counsel c� SUBJECT: Amendments to Chapter 70 — Property Maintenan e Code SUMMARY RECOMMENDATION: Staff requests that C uncil pass the proposed ordinance amendments regarding Chapter 70, Sections 6 and 7 limiting the transfers of ownership or responsibility of real property in violation of ity Code. The proposed amendments would limit transfers of property in violation if noti e has been served on the person by the City as prescribed by the ordinance. Once notice as been served, in order to . transfer the property, the person responsible for the property ould have to remedy the Code violations or furnish the transferee a copy of the violatiorls and furnish to the City a signed and notarized statement from the transferee acknowle�dging receipt of the Code violations and fully accepting responsibility without conditionj for remedying the Code violations. ' Section 107 of the 2006 International Property Maintenance Code, previously deleted, specifically limits those transfers. Section 107.1 requires that he City send notice to the person responsible, for the property. Section 107.2 specifically prescribes the form of the notice, requiring it be in writing, describe the real estate in viola ion, include a statement of the violations and a correction order allowing for time to bring the property into compliance, and inform the property owner the right to appeal. Section 107 3 advises of the method of service, allowing for personal delivery, certified or first-class mai , or posting. Section 107.5 limits the transfers of property if notified of violations. BACKGROUND: The City has had some difficulty in the past fr m certain property owners who own property in violation of the Code transferring the pro erty prior to remedying the Code violations. Staff already sends notice to the person res onsible for the property in violation as well as receiving Court orders requiring compl ance. However, prior to completion, some property owners are transferring the propert , which forces the City to start the process over again against the new owner, who may or may not be aware of the violations, leading to a never ending parade of property owners. Limiting a property owner who has received notice of violations from transferring the prop 'rty to another will help curb the cycle and require them to take responsibility for the violations RECOMMENDATION: In order to allow the City to require pr perty owners to bring their properties in compliance with the Code and limiting the transfe s of those properties, staff recommends the suggested amendments to Chapter 70, Section 6 and 7. _ POTENTIAL OBJECTIONS: There are no known or expected o jections. INPUT FROM OTHER SOURCES: STAFF REFERENCE: Amy Waks, Assistant Corporation Counsel, at 424-2807. BUDGET/TIME IMPLICATIONS: None