By Kellen Olshefski
Editor
At its upcoming meeting on Monday Elkhorn’s Municipal Service and Utilities Committee is expected to take a look at some alterations to the city’s property maintenance code.
At it’s last meeting, the committee continued discussions on where problems might lie within the codes and what could be done to update them.
City Administrator Sam Tapson noted language provided by City Zoning Administrator and Assistant Building Inspector Bonnie Schaeffer, which addresses exterior conditions of buildings in a much more expanded manner, getting into peeling, flaking and chipped paint for example.
Schaeffer took over property maintenance enforcement in 2014 and according to her memo to the committee, since she has, of the 14 cases identified as level 2 or 3 on the police department’s list, full compliance was achieved by 11. As for the remaining three, Schaeffer said she is working with the property owners to get them to a level compliance.
Tapson said while the idea of delving into percentages of the building with chipped paint was discussed, he said it’s something Schaeffer was more apt to steer away from.
“When is 49 percent, when is it 51 percent,” he said. “Also, if it’s some percentage, is it really necessary to do the whole thing.”
In her memo, Schaeffer said she viewed percentages as an ineffective enforcement tool and it was something she had discussed with other enforcement officers in nearby communities.
While chipped or flaked paint is typically only a level 1, Committee Chairman Gary Payson Sr., said with the age of many of the buildings in the inner core of the city, it might be wise to classify this as a level 2 violation because of lead paint, which was banned in the 1970s.
“Lead is chipping off the side of these buildings and we have to look at it a totally different way,” he said. “It’s not just leave it lay there or throw it in the garbage.”
Alderman Jim D’Alessandro, in attendance at the March 9 meeting, said he’s not thrilled about the three separate levels.
“I think they should be enforced equally and should be taken seriously equally,” he said. “I think level ones are turning into level twos and threes eventually.
“Level one should be taken very seriously and you should be right on it, right away.”
D’Alessandro noted he does understand that financial problems can burden taxpayers, though related it to the council’s recent decision regarding missed utility payments.
“It’s just like cutting off people because they don’t pay their water bills or electric bills,” he said. “I think we all thought at that time, don’t give them a break, they should be paying like everyone else. They should be painting there houses and maintaining their properties like everyone else.”
D’Alessandro added while he thinks painting should be enforced, it shouldn’t be based on percentages.
“You should be able to go out there and if there’s flaking on a building, if it’s minimal, you send a letter and say are you aware of it,” he said. “You start off with the soft approach, but you stay on it and you’re serious about it.”
Mayor Brian Olson said he thinks city staff is staying on top of violations, but where the problem lies is the time allotments to allow for compliance, set by previous councils.
“I think if we’re going to come in here and say we’re going to toughen up on this stuff, you look at your timelines,” he said. “Whether it’s right out of the gates, here’s your ticket, or here’s your warning, written, not verbal, we’re coming back in thirty days and you’re getting a ticket.”
Additionally, he said the committee needs to be sure that it’s not just enforcing residential, but commercial as well, and that the council needs to support staff with their decision.
Regarding supporting staff, D’Alessandro said an appeals process – which Tapson said would need some correction – would allow city staff to tell those in violation they have the right to appeal and state their case.
“Fair and equal treatment,” Payson said.
In addition, Olson said while some residents might not be able to financially take on substantial projects, city staff could investigate what federal moneys or grants might be available to residents.
While Tapson said the city cannot retrieve these funds directly for financially burdened people, the city could help direct those in violation towards the types of resources available.
“We as a city can be proactive and say, I understand your position, here’s the program that can help you,” Payson said.
Tapson said he thinks the city shouldn’t become citation heavy when it comes to code violations, as it’s not something the city necessarily wants to take to municipal court on a regular basis. As a result, he said he included language about using discretion.
“If people are making reasonable progress, just because a time lapse is there, is that really when you want to crank out a citation, if there’s honestly making an effort,” he said. “There has to be some flexibility in there, I believe.”
“One size does not fit all,” Payson added.
D’Alessandro said the 30 day notice on level one isn’t necessarily a drop dead date, but more of 30 days to come up with a plan.
“I don’t think necessarily we’re all going to say that in January we see chipping paint and we want, in 30 days, your house to be painted,” he said. “But we can give a 30 day notice and say will you send us a letter back, or will you commit to the fact that when April or whatever comes that we’ll get at it and this will be done by June 1.
“That’s where Bonnie comes in and discretion. My point is that we need to take it serious, stay on them, we need to be doing the follow-through and all that.”
