Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Brian Jimenez, Code Enforcement Manager
CC:	Scott McCullough, Director Planning & Development Services
Date:	June 13, 2011
RE:	Code Enforcement Division

This memorandum provides a general overview of the code enforcement division’s responsibilities, recent work load and current staffing levels of the division.  The primary responsibility of the division is to preserve the livability and integrity of residential and commercial properties throughout our community by addressing deteriorating and blighting influences within the community.  The division strives to achieve these goals by regulating the following city codes.

• Rental Inspection Ordinance

Manage the inspection and licensing requirements of the ordinance.  One Enforcement Officer manages the rental inspection program and inspects between 400 and 700 rental properties per year.  Previously there were two staff assigned to implement this program.

• Environmental Code

Stand alone code that regulates exterior yard, driveway and porch conditions. 

Staff typically investigates over 500 cases per year.

• Property Maintenance Code

Code that regulates minimum standards for the exterior and interior of structure.

• Tenant Complaint Housing Inspections

Inspect rental properties throughout the city based on tenant complaints.

• Weed/Grass violations

A seasonal violation that usually occurs from late April to late October.

The violation requires a minimum of two inspections.  Average of 1,000 cases per year for the last 3 years which is a modest increase over previous years.

· Sidewalk Snow Removal Ordinance

A seasonal violation that is determined by weather.  Last two years have resulted in heavy workload due to the amount of snow events that have occurred.

· Development Code

The Code Enforcement Division is responsible for all site plan inspections for undeveloped land and for existing properties that require an updated site plan to be submitted for approval.  Staff performs initial inspections and the required follow up inspections to ensure the property is compliant with the approved site plan.  Additionally, staff reviews special use permits, and investigates and enforces all provisions of the Development Code including occupancy and home occupation violations.

• Sidewalk Dining License Ordinance

Inspect licensed establishments to make sure their sidewalk dining area is compliant.  Send violation notices to those who have failed to pay annual license fees.

• Sign Code

Respond to citizen complaints as well as self initiated enforcement of signs located in the city right-of-way and illegal business signs.

• American with Disabilities Act (ADA)

Staff responds to complaints regarding non-compliant accessible route and accessible parking spaces for existing businesses that provide public accommodations.  Inspect for interior compliance when complaint is received and work with property owner to become compliant.

· Graffiti Code

Violation that can be staff initiated; however, most cases are submitted by the police department.

· Fence Code

City code does not require a permit for fence installation but does include location and height standards.  Staff investigates complaints on fences erected in violation of code.

In 2010, the city’s code enforcement division investigated 2,753 code violations and conducted approximately 4,500 inspections resulting from citizen complaints, as well as self initiated enforcement.  Online code complaint submittals were up 175% in 2010 from 121 in 2009 to 334 in 2010.  As of May 25, 2011, staff has received 328 online complaints indicating that another significant increase will occur this year. It is estimated that online complaints will exceed 500 for the year. 

The table below represents the division’s workload for the previous three years.  Case totals represent individual cases opened for each case type.  It does not reflect total number of inspections for each violation except for the “rental inspection” and “site plan” categories.  Sign enforcement violations are not included since each staff member enforces the sign code regulations on a daily basis by simply picking up signs placed in the right-of-way or by informing the adjacent business of the violation and requesting them to remove the sign.  A case file is typically not opened for such activity.

Violation Type	2008	2009	2010
Sidewalk Snow	326	310	479
Graffiti	171	156	146
Structural Blight	48	79	47
Environmental Blight	448	542	500
Tenant Complaint Housing	54	45	66
Weed/Grass	1043	1000	949
Rental Inspections	431	743	435
Zoning/Land Use	24	27	15
Site Plan	103	164	96
Over Occupancy	18	18	20
Total	2,666	3,084	2,753

In addition to the “typical” complaint case, several code compliance cases are more complex and involve a significant amount of staff’s time and resources.  Recent examples of time consuming cases are listed below.

· 617 W. 4^th – Deteriorated house which resulted in case being presented to the City Commission.

· Magna Gro International – Non-compliant industrial business that was in violation of the city’s adopted property maintenance code and fire code. 

· 929 Holiday – Dilapidated house which resulted in case being forwarded to Municipal Court.

· 331 Johnson Ave – Blighted exterior yard and porch conditions.  Case currently in Municipal Court.

· 1313 Haskell Ave – Unsafe structures located on property.  Case presented to City Commission for demolition.

· 1200 Pennsylvania – Unsafe structure presented to the City Commission.  The house and accessory structure (garage) was demolished by the city.

· 214 N. 6^th St – Blighted yard conditions that was presented to the City Commission.  Staff abated the code violations.

· 4824 W. 24^th St – House is in foreclosure.  Case presented to the City Commission for exterior yard abatement.

Besides inspections, staff spends a significant amount of time in case documentation which may involve sending violation complaints to municipal court. Additional responsibilities include, but are not limited to, conducting research and providing general code information in response to citizen’s inquiries.

Division Staffing

The Code Enforcement Division is currently staffed by the Code Enforcement Manager and three Code Enforcement Officers.  One Officer is dedicated to the rental inspection program and to performing tenant complaint housing inspections.  While this staff person does assist with zoning and land use issues, the majority of the property maintenance compliance cases are handled by the other two Officers.  In early 2007, two Code Enforcement Officer positions became vacant through attrition.  The positions were not filled and have since been eliminated from the division’s allocated personnel expenditures resulting in a 40% reduction in inspection staff.

It is important to note that the current downturn in the economy and recent decrease in development activity does not correlate to reduced workload for the Code Enforcement Division.  In fact, the opposite is true as the number of typical cases is trending up and an increase in foreclosures translates into more properties not being maintained as they would have been before the recession.