RF City Council votes to begin code compliance change process

RIVER FALLS – The River Falls City Council approved 6-1 at its June 22 meeting a resolution directing city staff to shift from reactive to proactive code compliance over the next two years. Alderperson Benjamin Plunkett voted against the resolution.

Community Development Director Amy Peterson said the city’s current approach toward code enforcement is primarily reactive, whereby staff respond to complaints.

“We’re looking for council support to swing the pendulum towards proactive code compliance.” Peterson said. “This approach doesn’t rely on complaints for staff to act and typically addresses violations before they become extreme.”

This new approach would allow staff to address violations equally and unilaterally. This gives citizens the expectation that complaints will be addressed, Peterson said. Corrective measures using this approach are usually simpler, less costly and less time-consuming.

What is the point of a code compliance program?

•It provides safe and healthy living conditions for both residents and businesses.

•Prevents property deterioration.

•Motivates owners to maintain their properties.

•It protects property values for neighbors and city government.

“Voluntary compliance vs. citations is always the goal, thus this is not a money-making venture for the city,” Peterson said.

The most common violation types from 2018 to present are (with a total of 436 violations): Parking: Cars, vans, semi-trucks, trailers, boats (almost all are parking in front yard violations).

Grass/weeds: Needs mowing Nuisance: Mattresses, garbage, furniture, white goods, microwaves, TVs, junk, dog feces, wood, wood piles, wood pallets.

Rental: No registration, no heat, ceiling fell down, mold, electrical issues, shower not working, possible maximum occupancy exceeded; tenants complaints of kitchen light sparks, window cranks broken, missing outlet covers, fridge broken, tiles broken, mold behind toilet.

Signs: No permit, in right-of-way Building violations: Construction without permits, no lawn established on new construction.

Snow removal: Empty lots.

According to Peterson, in reviewing violation data over the past three years, common cases involve trash, parking in the front yard, RV storage or living in the RV, weeds, furniture in the front yard and unlicensed vehicles. It also shows the violations are concentrated in the central parts of the city, she added.

“There are several frequent flyers,” Peterson said. “A systematic approach for these habitual violators would be helped by standardizing code compliance methods.”

As part of this process, changes would need to made to property maintenance and nuisance codes, Peterson said, to make them clearer and ease enforcement. Staff recommend following this process:

•Revise the code compliance process

•Standardize compliance timeframes in code

•Revise nuisance provisions

•Revise zoning code

•Make fine structure consistent, possibly increase All violations would be given 10 days for correction, starting with a courtesy notice, followed by a notice of violation, then a citation in which the city has the ability to “invade the nuisance.” The proposal also includes raising minimum fines to $250 for first offense, $450 to second offense and $750 for third offense and making them consistent across the board.

Since code compliance’s aim is not for financial gain, funds from citations will be minimal. City staff recommend allocating a .5 FTE position to code compliance April through October, with duties shifting to other things during the winter. The planning/engineering technician position would lead code compliance, with help from the community development assistant and the building inspector.

Others needs are new software (which is in the capital budget), contracting with a vendor for property clean-up as needed vs. using the public works department, staff training and community education.

Alderperson Scott Morrissette offered, in his words, a “naïve” suggestion.

“Any time I’ve ever got a call from a citizen who said, ‘Jeez, I got someone next door, you know, they’re not cleaning up their yard and so forth,’ the first question I always ask them is ‘Have you approached your neighbor and talked to them about it?’ My plea to those residents out there is to make that your first step,” Morrissette said.

Plunkett applauded the past use of rental property inspectors in keeping rental properties safe for tenants; however, he said this sounds more like a big homeowners’ association.

“When we’re talking about a code compliance officer here, are we talking about those kind of things that are going to be impacting the safety of residents, or is this more about the city taking on the role of the homeowners’ association and they city of River Falls essentially becoming like a big HOA for the residents?” he asked Peterson.

Peterson said she doesn’t look at it that way. She confirmed that state statutes a few years back eliminated the rental inspection program. This new proposed position would be a .5 FTE split between two positions. In 2015, the city went from two inspectors to one, so it backed off code compliance especially as development increased.

Alderperson Diane Odeen said she applauds the idea of clearer guidelines, especially since some resident act like code compliance is optional.

Alderperson Nick Carow stressed that a code compliance officer should have a polite, professional manner.

”I just think we need to reinforce that because then you start walking onto someone’s property and asking them questions about their property, done in the wrong way, it can instantly create a situation which could’ve been avoidable,” Carow said. “I’ll just say better people skills.”

Peterson assured him that any employee would be trained to be courteous and have common sense.

Approval of the resolution is the first step in an estimated two-year process to switch from reactive to proactive code compliance, City Administrator Scot Simpson said.

”We’re not getting the clipboards out ready to go out on an inspection tour,” Simpson said. “We don’t have a list of properties we can’t wait to get to.

“This is not like an HOA. At what point does this go from just trying to do the health, welfare and safety of the community to ‘this is how it’s got to be in River Falls if you choose to live here … Our code doesn’t contain a lot of direction for how people should live or use their properties. It got some real rough outlines.”