Minutes 05-18-2021 Virtual Business meeting

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4 to that, as it is not required by state law. He said he spoke to the former Housing director, who believed it was not utilized, and the ordinance was not followed in that manner. He said the most recent enforcement officer wasn't a certified code official. John Roberts reviewed the changes, as follows: Section 20-32, adds several definitions and removes the requirement that the enforcement officer be a certified code enforcement official. This change is offset by requiring the enforcement officer to consult with a certified code enforcement official if minimum housing issue involves a structural defect or if condemnation or demolition is being considered. Section 20-34, adds structural and sanitary maintenance standards from 160D, which were not previously included. Section 20-36, adds minimum heating standards. Section 20-39, adds minimum standards to basements used as living areas and differentiates cellars which by definition have no adequate lights or ventilation. Basements are described as partially exposed to an outside wall and has adequate light and ventilation. Section 20-44, clarifies the inspection authority of the public officer. Section 20-45, clarifies the enforcement authority of public officer to order repair, vacation, and demolition of a property only upon governing board approval, authorizes liens upon property for such costs, and authorizes judicial enforcement action (for demolition and structural conditions the public officer is now required to consult with a County code enforcement official). Section 20-48, authorizes civil citations and removes the criminal penalty for violations of the Ordinance. John Roberts said there are a couple of reasons for this including the General Assembly has been looking at removing criminal penalties from all local ordinance misdemeanors. He said these charges are very low on priority list for the District Attorney's office. Another reason is because there are responsibilities in the Ordinance for tenants to keep up certain requirements, so could be held accountable in addition to landlord. The Ordinance is currently only enforceable in Orange County's jurisdiction, so if the Board approves these changes, the County will work with the Town of Hillsborough so it can adopt in its jurisdiction, and address the possible violations they are seeing. Commissioner Dorosin asked if the enforcement of the ordinance is complaint driven. He said there will not be a coordinated inspections department. John Roberts said that is correct. He said the only way for regular inspections to take place is for the County to declare an area to be blighted. He said this is a change the General Assembly made before 160-D, when it removed the authority for regular inspection from counties. Commissioner Dorosin asked which department would receive the complaints. John Roberts said the Housing Director did not feel the Housing Department was appropriate, and the Planning Department does not have sufficient staff at this time. He said the Human Rights and Relations Director said her investigator could do this. He said he will work with County Manager on the appropriate location. Commissioner Dorosin asked if this information would be put on the website for the public to see, so there would be a way for them to report issues. John Roberts said yes. He said there have not been many enforcement actions, and a lot more publication and public notice is needed. Commissioner Dorosin said a lot of people think only towns have minimum housing standards, and that unincorporated areas are not subject to this kind of code enforcement. He said it is critical to make it a viable and working Ordinance, and he is encouraged that Hillsborough wants to engage the County to have these standards in their jurisdiction. He said Hillsborough has been limited around housing, due to the size and resources of the Town, and can begin more collaboration on housing issues in general. Commissioner Greene said she is concerned to hear that the Planning Department does not have capacity. She asked if the inspection function is part of that department.