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City Manager’s Column: "If the
Building Code Is Out, Is a Property Maintenance Ordinance
Next?"
9-9-02
As most of you know, the building code ordinance
that was passed by the Council last year has now been rescinded.
I think the biggest problem with the failed
building code ordinance was that the City wasn’t successful at
telling people why it was important to them. People will support a
lot of things, but they are not likely to buy into an idea that will
add a new employee, a set of new regulations, and new costs unless
they have a clear idea of why those things are important.
Since we were not good at communicating why a
building code was important, we turned to the idea of limiting who
the code would apply to. In other words, when we couldn’t win over
the citizens with existing buildings, we changed the ordinance to
cover only new buildings, hoping that the opposition from the owners
of existing buildings would melt away. But, this didn’t reverse
the program’s lack of support.
As I have written in the past, the types of calls
that I have gotten about buildings have not concerned the newly
constructed ones. The calls that I’ve received have been about
run-down buildings that people see as a drag on the property values
in their neighborhoods.
As an alternative to the building code, the
Council is now considering a new ordinance that would address
"property maintenance." A property maintenance ordinance
would cover any type of building that, for example, suffers from:
structural problems; broken windows; peeling paint or unprotected
exterior surfaces; holes in their exteriors; leaking or failing
roofs; and unsound porches, stairways, decks, and balconies.
This ordinance would have some advantages over the
building code ordinance: It shouldn’t require us to hire a new
employee. It shouldn’t need the adoption of a voluminous code of
regulations. There wouldn’t be a fee structure. And, it would
require people to fix the sorts of problems that motivation people
to call their Council members.
However, in some ways, this ordinance would not be
an easy to enforce because it isn’t only based what might be
dangerous about a building. It is also, in part, based on the
enforcement person’s or group’s subjective taste. For example,
at what point do you order another person to take action that will
cause him to have to repaint or put new siding on his house? How
much time do you give the person to correct the problem? What if the
person can’t afford to do the work?
Or, what if the person doesn’t recognize that
his property has these problems? After all, one person’s hellhole
is another person’s castle.
For the time being, the Council has assigned its
Housing Rehabilitation Committee with the task of considering model
ordinances that are aimed at addressing either property maintenance
and/or dangerous buildings. At this writing, the Committee hasn’t
met to discuss these ordinances, but if the effort goes further
toward the adoption of such an ordinance, it is my hope that the
City will be able to better convince our citizens of why it is
important to them.
* * *
In last month’s column, I noted that August
was the first anniversary of the launch of our web site. Since we
were getting over 3000 visits per month from all sorts of states and
countries, I invited the readers of that column to send me an email
so I could get an idea of where they were from.
To the only person that responded (a lady from
Sioux City and apparently my only reader,) I’d like to say
"thanks."
* * *
About a month ago, we were on vacation in northern
Minnesota. We were staying at a resort. This was the first time that
we have been on a vacation with our toddler, Benjamin. Each day, we
took time to do an activity with him.
One day, while my wife was shopping, I took Ben
out for a stroller ride. We looped the various roads within the
resort twice and spent some time at a playground that was near the
lake.
We were out for about 2 hours.
While walking, your mind starts to wander. I
thought about a number of TV shows where a guy with a baby
(or a Labrador, I can’t remember which) is often greeted by a
bunch of women who want to play with the child. Since I was near a
beach, I thought there was a decent chance that some of them would
be wearing swimsuits.
But, this didn’t happen. Women in two-piece
swimsuits didn’t descend upon us. I saw a pregnant lady in a
one-piece swimsuit that was blowing up an inner tube. For an
instant, she looked like she might be interested in coming over to
say "hi" to Ben, but she didn’t.
The only special attention we got came from
truckers. Truck drivers tend to be more courteous to a pedestrian
in a crosswalk when he’s pushing a baby carriage.
(I hope the lady from Sioux City liked that
story.)
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