MOUNT VERNON — At a meeting of the city’s Planning and Zoning Committee on Monday night, Councilman Chris Menapace agreed to separate vacant property registry legislation into two pieces, but he wants both to move forward simultaneously.
Menapace previously presented a draft ordinance to council that covered both residential and commercial/industrial properties. Following a meeting Friday between Menapace, Mayor Richard Mavis, and Planning and Zoning Chairwoman Nancy Vail, the trio agreed to separate the legislation.
Mavis and Vail favored moving forward with the commercial/industrial piece and waiting on the residential piece.
“When I presented this, I lumped everything together. It was very obvious from our meeting (Friday) that we weren’t going to be able to get everyone on the same page,” said Menapace. “This is a give-and-take. If we separate this legislation, I am OK with that.
“I don’t really want to sit on it for a couple of months. I think now’s the time to act, and we move in parallel trying to tighten the reins on this residential and well as the commercial.”
Menapace said he is comfortable with either two separate ordinances or with one ordinance with separate sections for residential and commercial/industrial. He is agreeable to having the property enforcement officer in charge of the residential registry, “as long as we give it enough teeth.”
He likes the fire department being in charge of the commercial part because “the fire department and the police department have the most to lose when they don’t know what’s in a vacant commercial or industrial setting.”
“I am all for it, the fire department is all for it, first and foremost for safety. We don’t have a mechanism for safety,” said Fire Chief Chad Christopher.
He suggested that for clarity, both registries should come under one department, such as the property maintenance officer. If it involves a commercial/industrial property, then it can be “kicked over” to the fire department for inspection and followup.
“Fees will always go through one hub,” he said.
“We need to protect the homeowners in this community who have a run-down shack next to them,” said Safety-service Director Joel Daniels. “Maybe code enforcement is the best way to do that. That might be the place to put the hammer that we want to do some of these things. … I like the idea the idea of a registry for vacant commercial buildings, or if we can add some teeth to the property enforcement code, that might be the way to go.”
Council members agreed the legislation is not targeted toward residents whose properties are vacant while they are in Florida for the winter. Mavis questioned whether it would include the Siemens campus, which will be well-maintained and secure but probably vacant for several years before it has a new tenant.
Menapace said definitions such as what constitutes vacant must be spelled out in the legislation, but he also wants flexibility to use common sense and interpretation.
Also citing the Siemens campus, Mark Ramser, speaking on behalf of the Area Development Foundation, said the registry should be limited to dilapidated buildings, not just vacant ones.
“There are a number of buildings [on the Siemens campus], and it will be some time before they are occupied, but I don’t think anyone would agree they are not maintaining the property,” he told council.
Ramser said that reduced utility consumption should not be a factor when determining if a building is vacant. Reduced consumption is one of several conditions listed in the “evidence of vacancy” section of the draft ordinance.
Ramser also told council that he did not read anything about common sense in the draft ordinance. He said that unless it is verbatim that the term “common sense” is used, the legislation should clearly spell out the regulations and not leave it up to interpretation.
Sugar Street resident and landlord Mike Hillier, a long-time advocate of giving more teeth to code enforcement to clean up dilapidated properties, appreciates council talking about the issue.
“Don’t drop it,” he said. “You’re going to have push-back. There are empty buildings for a reason, but there are also empty buildings because people just walk away. I’m okay with the residential piece being put aside; just don’t drop it.”
City Law Director Rob Broeren will have legislation dealing with commercial/industrial properties prepared within the next two to four weeks.
Because council members Sam Barone, John Francis, and Janis Seavolt were absent from Monday’s legislative session, council only gave a first reading to resolutions authorizing the city auditor to appropriate and transfer funds, to reappoint Don Carr to the Board of Zoning Appeals, and for Daniels to bid and contract for supplies.
Council postponed the third reading on three ordinances pending a public hearing:
- An ordinance rezoning the former fire station at 215 Ames Street to R-1, single-family district. A public hearing is set for Monday, Oct. 8.
- An ordinance rezoning eight parcels near Newark Road/Blackjack Road from Clinton Township RRA rural residential and agricultural district to R-1 single-family district. A public hearing is set for Monday, Oct. 8.
- An ordinance revising the definition of “hotel” to include establishments with one or more rooms for sleeping accommodations. A public hearing is set for Monday, Nov. 13.
Councilman Jeff Gottke read two proclamations. One honored Boy Scout Troop 339 on its 80-year anniversary in Scouting; the other honored Mount Vernon Nazarene University on its 50th anniversary.
