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Agenda - 09-02-2021; 8-a - Minutes
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Agenda - 09-02-2021; 8-a - Minutes
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9/2/2021
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8-a
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Minutes 09-02-2021 Virtual Business Meeting
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4 <br /> 1 believed it was not utilized, and the ordinance was not followed in that manner. He said the <br /> 2 most recent enforcement officer wasn't a certified code official. <br /> 3 John Roberts reviewed the changes, as follows: <br /> 4 Section 20-32, adds several definitions and removes the requirement that the <br /> 5 enforcement officer be a certified code enforcement official. This change is offset by requiring <br /> 6 the enforcement officer to consult with a certified code enforcement official if minimum housing <br /> 7 issue involves a structural defect or if condemnation or demolition is being considered. Section <br /> 8 20-34, adds structural and sanitary maintenance standards from 160D, which were not <br /> 9 previously included. Section 20-36, adds minimum heating standards. Section 20-39, adds <br /> 10 minimum standards to basements used as living areas and differentiates cellars which by <br /> 11 definition have no adequate lights or ventilation. Basements are described as partially exposed <br /> 12 to an outside wall and has adequate light and ventilation. Section 20-44, clarifies the inspection <br /> 13 authority of the public officer. Section 20-45, clarifies the enforcement authority of public officer <br /> 14 to order repair, vacation, and demolition of a property only upon governing board approval, <br /> 15 authorizes liens upon property for such costs, and authorizes judicial enforcement action (for <br /> 16 demolition and structural conditions the public officer is now required to consult with a County <br /> 17 code enforcement official). Section 20-48, authorizes civil citations and removes the criminal <br /> 18 penalty for violations of the Ordinance. John Roberts said there are a couple of reasons for this <br /> 19 including the General Assembly has been looking at removing criminal penalties from all local <br /> 20 ordinance misdemeanors. He said these charges are very low on priority list for the District <br /> 21 Attorney's office. Another reason is because there are responsibilities in the Ordinance for <br /> 22 tenants to keep up certain requirements, so could be held accountable in addition to landlord. <br /> 23 The Ordinance is currently only enforceable in Orange County's jurisdiction, so if the Board <br /> 24 approves these changes, the County will work with the Town of Hillsborough so it can adopt in <br /> 25 its jurisdiction, and address the possible violations they are seeing. <br /> 26 Commissioner Dorosin asked if the enforcement of the ordinance is complaint driven. <br /> 27 He said there will not be a coordinated inspections department. <br /> 28 John Roberts said that is correct. He said the only way for regular inspections to take <br /> 29 place is for the County to declare an area to be blighted. He said this is a change the General <br /> 30 Assembly made before 160-D, when it removed the authority for regular inspection from <br /> 31 counties. <br /> 32 Commissioner Dorosin asked which department would receive the complaints. <br /> 33 John Roberts said the Housing Director did not feel the Housing Department was <br /> 34 appropriate, and the Planning Department does not have sufficient staff at this time. He said <br /> 35 the Human Rights and Relations Director said her investigator could do this. He said he will <br /> 36 work with County Manager on the appropriate location. <br /> 37 Commissioner Dorosin asked if this information would be put on the website for the <br /> 38 public to see, so there would be a way for them to report issues. <br /> 39 John Roberts said yes. He said there have not been many enforcement actions, and a <br /> 40 lot more publication and public notice is needed. <br /> 41 Commissioner Dorosin said a lot of people think only towns have minimum housing <br /> 42 standards, and that unincorporated areas are not subject to this kind of code enforcement. He <br /> 43 said it is critical to make it a viable and working Ordinance, and he is encouraged that <br /> 44 Hillsborough wants to engage the County to have these standards in their jurisdiction. He said <br /> 45 Hillsborough has been limited around housing, due to the size and resources of the Town, and <br /> 46 can begin more collaboration on housing issues in general. <br /> 47 Commissioner Greene said she is concerned to hear that the Planning Department does <br /> 48 not have capacity. She asked if the inspection function is part of that department. <br /> 49 John Roberts said yes, and clarified that Certified Code Enforcement Officials are hard <br /> 50 to come by, and this Ordinance has never been the Planning Department's responsibility. He <br /> 51 said the old ordinance required that Code Enforcement Official, but was never used, so the <br />
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