by Cheryl Splain, KnoxPages.com reporter
MOUNT VERNON — City council members have their work cut out for them as they undertake the process of revising the city’s ordinances regarding property maintenance. At their first meeting Monday night, City Law Director Chip McConville took the lead, pointing out areas council needs to consider, what state law says on specific issues and what he needs in order to successfully prosecute property maintenance violations.
Council members are tasked with reconciling three sets of ordinances: a draft submitted by Councilwoman Nancy Vail, chairwoman of the Planning and Zoning Committee, a draft submitted by the Dilapidated Buildings Commission and the ordinances currently in effect. McConville said council members need to consider three questions as they go through the revamping process:
*What are council members willing to take on?
*Does the city have the ability to enforce it?
*How far are council members willing to go?
Right of entry was one topic members discussed because the DBC draft includes exterior and interior maintenance requirements. McConville said there are three types of right of entry: maintenance, vermin and rats, and junk cars. State law gives the health department right of entry in the case of vermin and rats. Junk cars are visible from the street, and enforcement is not a problem under the Plain View Doctrine. “If you go beyond that scope, you run into fourth amendment issues,” said McConville.
There was general agreement that council did not want to infringe on private property rights and that entry should be by permission or search warrant. McConville said current ordinances carry misdemeanor penalties; if they were criminal penalties, it would be easier to get a search warrant. He also said that, as a prosecutor, he needs specific definitions in order to successfully prosecute.
Both proposals eliminate the Dilapidated Buildings Committee and retain the Property Maintenance Appeals Board. McConville said the composition of the board is something council needs to consider seriously. Vail’s draft includes two community members on the board, which McConville thinks gives a sense of community. Current code includes the safety-service director on the board; that concerns McConville from a legal perspective because the administration enforces the ordinances and to have a member of the administration on the appeals board may appear to be a conflict of interest.
Several council members commented on whether the enforcement officer should be part time or full time and the amount of authority given the position. From a work flow perspective, McConville said council needs to consider what the safety-service director’s involvement should be in view of the other responsibilities the SSD position has.
Under the current ordinances, maintenance issues are scattered throughout the code. McConville favors centralizing all building and property maintenance ordinances, including junk cars, weeds, trees, sidewalks, swimming pools and control of vermin and rats, in one section of the codified ordinances. Centralization makes it easier for property owners to learn their legal responsibilities and easier for legal counsel, whether it is from the prosecutor’s perspective or an attorney defending a property owner. He does, however, favor leaving the nuisance section as a standalone section because that gives the city another method for enforcement. Noncompliant individuals could be prosecuted under the nuisance ordinances as well as the property maintenance ordinances.
There are several other issues McConville said council members will need to carefully consider as they create policy:
*Pools — does council want to expand that section to include permits for spas and hot tubs?
*Household furniture — does council want to regulate how long household furniture can sit on a porch, or how long furniture can be placed at the curb?
*Sidewalks — consider the amount of liability various decisions would require property owners to assume
McConville requested council members to provide feedback to him byMonday, Sept. 23, regarding their thoughts on the three sets of ordinances. McConville will incorporate the feedback into a draft proposal for council to discuss at the next meeting, set for Monday, Oct. 21. Council agreed to meet the third Monday of each month at 6:30 p.m. until a final proposal is reached. Meetings will be held in the basement conference room at City Hall.
