Notes

Outline

StopBlight – Ready to GO! Proposed Ordinance Revisions Proposed Programs

Background StopBlight concept grew out of goal to eliminate blighted property and restore it to usefulness. The proposed process included: Conducting a systematic inventory of blighted property Strengthening tools to force owner compliance Identifying ways to acquire non-compliant property Correct blighting conditions and replace them with safe, affordable housing

Strategy Update Five strategies were identified: Work with Sedgwick County to: pursue more timely tax-foreclosure sales; take advantage of Kansas statute allowing “special” tax foreclosure sales; and actively bid on tax-delinquent/foreclosed property Identify resources to purchase/bid on and rehab properties Strengthen Boarded/Abandoned Building policies Require local property agent registration Create means to acquire and “bank” land for reuse

Today’s Focus:      Strategies 3, 4 New Neglected Buildings Code (Chapter 30) Housing Code Ordinance (Chapter 20) Amendments

Neglected Building Code -Chapter 30.01.020 – Definitions Neglected unoccupied buildings requiring registration Neglected, unoccupied building that has had one or more of the following: Within last 18 months, received 2 or more notices of violation and owner failed to take actions to abate Boarded for more than 90 days Unsecured windows, doors or other openings Significant fire, wind or water damage, and is uninhabitable Criminal nuisance determination (as defined by State law) Substantial deterioration due to lack of maintenance

Neglected Building Code (Ch. 30.01) - Definitions Neglected, occupied buildings requiring registration Occupied building which has had one or more of the following in preceding 18 months: Two or more notices of violation of Chapter 18, 20 or 30 and owner failed to take actions to abate Declaration as a criminal nuisance (as defined by State law) Owner failure to appear in court per process service Owner refusal of certified notices Substantial deterioration due to lack of maintenance

Chapter 30.01 – Registration Owners of neglected buildings shall be required upon notification from the Superintendent of Central Inspection, to register such building with OCI Registration fee of $25 is required Registration statement (Statement of Intent) must be submitted and approved by the Superintendent of OCI New registration is required for each new owner Appeals of the Superintendent’s decision regarding registration requirements, can be made to the Board of Code Standards and Appeals, and subsequently to City Council

Chapter 30.01 – Registration Details The Statement of Intent must include: Description of the premises Names and addresses of the owner(s) Names and addresses of all known lienholders & others with ownership interests in the building Name of resident agent designated to receive notices and/or act on the behalf of an absentee owner (an owner who lives outside Sedgwick County) If vacant, the projected period of vacancy and plan and timetable to comply with codes

Chapter 30.01 – Registration Removal Neglected building removed from registration: If legally occupied for 30 days If in compliance with applicable codes If removed or demolished by owner If abated or demolished by the City of Wichita

Chapter 30.01 – Penalties Owners of neglected buildings, as defined in Chapter 30.01.020 (slides 5 & 6), who fail to register after proper notice, or fail to comply with the approved Statement of Intent, may be liable for a civil penalty of $250 per building for each 90-day period of non-compliance, not to exceed $1,000 per calendar year, unless: Statement of Intent is filed and approved, and Owner is proceeding in good faith to complete the repair or rehab, or Structure is subject of active building permit for repair or rehab, or Structure is maintained in compliance with this chapter and is being actively offered for sale, lease, rent, etc., or Owner can demonstrate good faith effort to comply with Statement of Intent

Chapter 30.01 – Registration Penalties If the 90 day provisions result in a penalty, the $250 penalty can be assessed for each 90 day period thereafter (up to $1,000 per calendar year) All penalties are payable to the City Treasurer

Failure to Pay Penalties - City Options Superintendent of OCI can use any legal means to recover penalties Use of collection agencies Notice to owners and reporting of delinquencies to credit bureaus Initiation of civil actions in District Court to recover fees and/or to foreclose liens

Housing Code - Changes Several new or significantly amended definitions, including: “Apartment building”, “Operator”, “Owner” and “Resident Agent” - provide necessary clarifications for enforcement and prosecution purposes Key linkages to new Neglected Buildings Code’s building and/or out-of-county “resident agent” registration requirements. Increased penalties for first and subsequent convictions for the same property owner

Housing Code - Penalties First conviction: up to $1,000 Second: minimum $100 up to $1,000 Third:  minimum $500 up to $1,000 Fourth or subsequent:  minimum $1,000 up to $2,500 Imprisonment up to 12 months in addition to fines (unchanged from current Code) OR Community Service if court determines defendant is unable to pay the fines Note:  The current fine is up to $500 per violation with no established minimum fines for repeat offenders.

Housing Code - Penalties Convictions for violations of the Housing Code within 3 years of the date of the violation, will be included when determining “repeat” offenders Each day that violation continues shall constitute a separate offense and be punishable (current language) In addition to fines, required community service, and/or imprisonment, the court may require that the owner register their property as required by the Neglected Building Code (new Title 30)

Housing Code Diversion Though not specifically outlined in the Housing Code amendments, additional initiatives have been identified by staff, to complement the StopBlight program, one of which includes a Housing Code Diversion Program for First Time Offenders Purpose:  to provide the property owner time to abate all housing conditions to avoid conviction Available for first time offenders Will defer prosecution for 9 months (but generally for not longer than 6 months) If defendant complies with conditions and repairs property, charge will be dismissed at end of diversion period Failure to comply will result in case being scheduled for trial

Diversion Program Process Applicant will pay a non-refundable fee to apply Applicant will waive right to speedy trial Prosecutor will determine eligibility If eligible, a pre-diversion conference will be held with housing inspector, diversion coordinator, home repair program staff and the applicant

Diversion Eligibility Criteria The City Prosecutor will consider the following factors to determine eligibility for the Diversion Program: Nature of the violation(s) and circumstances Special characteristics and circumstances of the defendant Whether the defendant is a first-time offender Whether the diversion program is appropriate to the needs of the defendant The impact of diversion on the community Recommendations of housing code inspectors Mitigating or aggravating circumstances surrounding the code violation/s.

StopBlight - Conclusion Staff continuing to work on Strategy 1 regarding the tax foreclosure process May require following up on changes in State law which were included in the City’s 06 legislative agenda Strategy 2 (identify resources) is being addressed through existing programs Would like to consider directing a portion of the penalties and registration fees to StopBlight support costs in the Housing & Community Services (home repair), OCI and Law Departments Strategy 5 (land banking) may be addressed through a currently proposed Redevelopment Authority or similar entity

Additional Initiatives to Complement StopBlight Three additional initiatives have been identified by staff, to complement the StopBlight program Housing Code Diversion Program for First Time Offenders (described in previous slides) Project REHAB, to repair abandoned housing using currently available State law StopBlight Action Response Team (START)

Project REHAB Purpose:  To REhab Houses Abandoned By Owners Abandoned property – State definition: Any residential real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 180 days

Project REHAB City or the proposed Redevelopment Authority, will partner with nonprofits to help the nonprofits apply one of the following tools to acquire abandoned property: Offer to purchase from the owner Purchase at tax foreclosure sale File petition in District Court for temporary possession (Nonprofits can do so under current State law)

Project REHAB City will provide rehab funds from existing home repair programs (CDBG and HOME) or newly funded programs Nonprofit will submit required court documents and reports, perform repairs, and upon completion, sell the property to an owner-occupant If the owner appears to reclaim property during or immediately after repairs are made, they will be required to repay all repair costs made to date Propose to implement on a test case house

StopBlight Action Response Team (START) Purpose:  to provide a comprehensive, pro-active inter-departmental approach to eliminating blight and other neighborhood nuisances

StopBlight Action Response Team (START) Membership from the following departments: Office of Central Inspection Environmental Services Police Law Neighborhood Services Municipal Court Administrator Housing and Community Services

StopBlight Action Response Team (START) Activities Door-to-door or block-to block surveys to identify problems & make StopBlight referrals Meetings and partnering with neighborhood residents and/or neighborhood associations Meetings with landlords or non-resident property owners Provide legal counsel to the team Staff recommends Beat 44 as a Pilot Area for START to begin

Conclusion A variety of strategies have been planned: Housing Code Amendments Neglected Building Code Creation Diversion Program Project REHAB and Test Case START Projected Implementation – November/ December 2006

Community Presentations City Council workshops/meeting agenda item in January, July and September 2006 District Advisory Board presentations and review 10/2006) Housing Advisory Board (2006) WIN (9/14/06) Various neighborhood associations (July – Oct/06) Sunflower Community Action (10/5/06) Citizens Academy (10/17/06) District I Leadership Meeting (10/21/06) Connect with Community Meeting (10/26/06)

Proposed City Council Review of Adopting Ordinances City Council Public Hearing/1st Reading of proposed ordinances (Titles 20 & 30) November 14, 2006 Second Reading November 21, 2006 Publication and effective date November 24, 2006