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CITY OF COOS BAY CITY COUNCIL
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| | | | | | | | This item was previously discussed at Joint URA/Council Worksession on 2/12/2019 |
| | | | | | | | | | | | MEETING DATE
March 5, 2019 | AGENDA ITEM NUMBER
8. |
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| | | | | | | | | | TO:
| Mayor Benetti and City Councilors
| | | | FROM:
| Carolyn Johnson, Community Development Administrator
| | | | THROUGH:
| Jim Hossley, Public Works and Community Development Director
| | | | ISSUE: | Public Hearing to Consider a Proposed Ordinance Establishing Vacant Property Registration Regulations – Approval Would Require Enactment of the Draft Ordinance | |
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| | | | | | | | | | SUMMARY:
The Homeless Task Force and staff have worked since 2018 to identify a process that would require foreclosed and vacant properties to be maintained. Patterned after the City of Medford prototype but tailored to the city's needs and resources, the group developed draft regulations titled the Coos Bay Vacant Property Registration Regulations. If enacted, these regulations would compel property maintenance and become a part of the CBMC Health and Safety Chapter 8 as Section 8.55.
The draft regulations identify a procedure and requirements for vacant properties to be adequately secured and maintained. Among other requirements, upon default of a borrower, the financial institution with a property title would inspect the property to determine vacancy. Registration of the property (at no charge) would be required to be filed with the Chief of Police or his designee. Ongoing maintenance and a monthly inspection by the lender/owner (or their designee) would also be required. The registration would be valid for one year, and a new registration required annually if the property remained vacant (Exhibit B, Sections 8.55.030 and 8.55.040).
The draft regulations also include maintenance and safety requirements specific to a property's building and grounds (8.55.050). Each property would be required to have posted a large sign visible with a direct 24 hour a day contact name for persons to report problems or concerns (8.55.060). The Chief of Police would have the authority to require extra measures of maintenance and safety measures (8.55.070), and a property owner would have the right to appeal the measures (8.55.090). Failure to comply with the regulations would result in prosecution under the city's Public Nuisance Chapter 8.10 penalties, including fines up to $5,000 (8.55.080). While the draft regulations were developed to address abandoned residential properties, the regulations would also apply to non-residential properties. | |
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| | | | | | | | | | ACTION REQUESTED:
If it pleases the City Council, hold a public hearing and consider enacting the proposed ordinance establishing vacant property registration regulations, codified as Coos Bay Municipal Code, Title 8 (Health and Safety Code) Section 8.55. | |
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| | | | | | | | | | BACKGROUND:
Throughout the City, over 90 unsightly and unsafe foreclosed and vacant residential properties have been identified that are not maintained by property title holding lenders and owners. These properties sometimes support squatter activity and facilitate potentially dangerous health conditions on and around the property structures. Attempts to occupy and collect material on these abandoned properties often result in sordid conditions that compromise individual and community health and safety.
City Code Enforcement Officer Nik Rapelje attempts to identify vacant property owner/lenders and work with them to mitigate squalid conditions of foreclosed properties. This is a time-consuming effort with limited success, and there is no efficient way to identify property holding lenders. Nor are there efficient city sanctions available to compel property maintenance. Nuisance abatement is the only other tool held by the city to effect clean-up of these properties.
CBMC Chapter 10, Nuisance Abatement identifies a variety of noxious conditions and materials with the potential to impact the health of the community health and safety and a lengthy and complicated process for mitigation. However, an alternative means is needed to keep vacant and foreclosed property maintained so costly and time-consuming nuisance abatement proceedings will not be necessary. | |
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| | | | | | | | | | BUDGET IMPLICATIONS:
The City's Code Enforcement Officer would act as the Police Chief's designee and operate the Vacant Property Registration Program. The City’s budget would not be impacted; no additional staff, materials, or funding is required or recommended.
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