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Policies and Procedures Manual For Code Enforcement Department of Planning,
Policies and Procedures Manual For Code Enforcement Department of Planning, Building and Development City of Roanoke, Virginia 12-20-12 1 TABLE OF CONTENTS 1. Purpose of This Manual and Applicability ..................................................................... 14 2. Code Enforcement Purpose and Goals ......................................................................... 15 What Is Code Enforcement? ...................................................................................... 15 Philosophy of Code Enforcement .............................................................................. 16 Mission Statement .................................................................................................... 16 Plans Documenting the City’s Long-Range Goals and Strategies for Change ............. 17 Vision 2001-2020 or “The Comprehensive Plan” .............................................. 17 The Strategic Business Plan .............................................................................. 18 Specific Goals for Improving Service to Citizens ................................. 19 Recruiting, Retaining and Training Top-Performing Employees .......... 19 Quality Control .................................................................................. 19 Overall Goals of the Strategic Business Plan for The Planning, Building and Development Department ........................ 20 3. Code Enforcement Operations and Basic Procedures .................................................... 22 Brief Overview of the Code Enforcement Department ................................................ 22 How Code Enforcement Is Initiated ........................................................................... 22 Outline of the Code Enforcement Process ................................................................. 23 Strategies and Systems ............................................................................................. 24 The Comprehensive Approach to Enforcement ................................................. 24 Routine Canvassing ......................................................................................... 25 2 Prioritizing Your Work Load ............................................................................. 25 Handling Invalid or Frivolous Complaints ......................................................... 26 The “Zone System” ........................................................................................... 27 Researching Owner Information ....................................................................... 27 Missing Utilities: Whose Responsibility Is It? ..................................................... 29 When To Establish Personal Contact ................................................................. 29 When To Contact Landlords Regarding Tenant Complaints ............................... 29 Encouraging Voluntary Compliance .................................................................. 30 Overcoming Language Barriers ........................................................................ 31 Filing A Summons ............................................................................................ 31 Filling Out A Summons and Assuring Its Delivery ............................................. 32 Withdrawing A Summons ................................................................................. 33 Customer Service and Ethics ..................................................................................... 33 Giving Legal Advice ......................................................................................... 35 “Right to Privacy” Expectations of the Complainant .......................................... 35 The Virginia Freedom of Information Act (F.O.I.A.) ........................................... 36 Documentation and Calendars.................................................................................. 36 Required Documentation ................................................................................. 36 Weekly Recheck Sheets, Appointments, Case/Activity Tracking ........................ 37 4. Office Policies and Procedures ..................................................................................... 39 Office Hours ............................................................................................................. 39 3 Dress Code .............................................................................................................. 39 Office Etiquette / Noise ............................................................................................ 40 When Working Out of the Office ............................................................................... 40 Granting Access To Your Calendar for Appointment Scheduling ................................ 41 Staff Meetings .......................................................................................................... 41 Paid Leave, Sick Leave, Extended Illness Leave and “AWOP” (P.O.P. #19) .................... 42 Paid Holidays ........................................................................................................... 44 Funeral Leave and the Family Medical Leave Act (FMLA) ............................................ 44 Death of a Family Member ............................................................................... 44 Death of a City Employee ................................................................................. 45 FMLA (Family Medical Leave Act) ...................................................................... 45 Inclement Weather ................................................................................................... 46 Keys, Phones and Other City-Issued Devices ............................................................ 46 Discounts Available for Steel-Toed Boots and Safety Glasses .................................... 46 Vehicle Policies ........................................................................................................ 47 Citizen “Ride Along” Policy ....................................................................................... 47 Training, Testing and Travel ..................................................................................... 49 Attendance of City Meetings by City Employees ........................................................ 49 Disaster Assessments............................................................................................... 49 5. General Required Competencies and Job Descriptions .................................................. 51 Codes Compliance Inspectors ................................................................................... 51 4 Senior Codes Compliance Inspectors ........................................................................ 52 Codes Compliance Coordinator ................................................................................ 53 Obtaining DHCD Course Schedules and Registering for Training ............................... 54 Pay for Performance ................................................................................................. 55 Continuing Education Requirements ......................................................................... 55 How To Submit Continuing Education Credits to DHCD .................................... 56 Specific Continuing Education Options ............................................................. 57 International Code Council (ICC) Certifications and Renewals .................................... 59 6. Educating the Community ........................................................................................... 60 Media Relations ........................................................................................................ 60 Neighborhood Groups .............................................................................................. 61 Other Events ............................................................................................................ 62 7. In “The Field” .............................................................................................................. 63 When a Vehicle Breaks Down .................................................................................... 63 Pepper Spray Policy .................................................................................................. 63 Police Assistance ...................................................................................................... 63 Trespassing ............................................................................................................. 64 Condemned Structures: Lawful Entry and Illegal Occupancy ...................................... 65 Search Warrant (Inspection Warrant) ......................................................................... 67 5 8. Building Maintenance Orders ....................................................................................... 68 Legal Basis for All Building Maintenance Orders ........................................................ 68 Compliance Guidelines for Building Maintenance Orders........................................... 69 Documentation Required for Building Maintenance Orders ....................................... 72 The Architectural Review Board (ARB) ....................................................................... 72 Neighborhood Design Districts (NDD) ....................................................................... 73 Various Types of Building Maintenance Orders and Procedures ................................. 74 Notice of Violation ........................................................................................... 74 Notice of Unsafe Structure ............................................................................... 75 NofUS Condemnation Order ............................................................... 76 NofUS Repair/Raze Order .................................................................. 77 NofUS Raze Order .............................................................................. 78 NofUS Secure Order ........................................................................... 78 NoV Repair Order .............................................................................. 78 NoV Dwelling Unit / Repair Order (Tenant) ......................................... 78 NofUS Board Up/Repair Order ............................................................ 79 Posting Procedure ............................................................................................ 79 Demolition Procedure ..................................................................................... 79 Secure / Board-Up Procedure........................................................................... 81 Demolition and Board-Up Contractors ............................................................. 83 6 9. Building Permits ......................................................................................................... 84 Stop Work Orders ..................................................................................................... 84 Reactivating An Old Permit ....................................................................................... 84 Retrieving An Inspection Summary ........................................................................... 85 10. The Rental Inspection Program .................................................................................. 87 Legal Basis for the Rental Inspecton Program (RIP) .................................................... 87 RIP Procecdure and the “Certificate of Exemption” .................................................... 88 Revoking A Certificate of Exemption......................................................................... 90 The “Delinquent Landlord List” ................................................................................. 90 What To Do If the Property Owner Refuses An Inspection .......................................... 91 Researching A Certificate of Occupancy (CO) ............................................................ 93 RIP Delinquent Account Procedure ............................................................................ 95 11. Nuisance Codes (Graffiti, Zoning, Inoperable Vehicles, Weeds and Trash) .................... 97 Graffiti ..................................................................................................................... 97 Legal Basis for the Graffiti Ordinance ............................................................... 97 Graffiti Citation Process ................................................................................... 97 How To Submit A Request for Graffiti Removal To In-House Staff ..................... 99 Gang Related Graffiti ..................................................................................... 100 Graffiti On City, State or Federally-Owned Structures or Utility Boxes ............. 100 Inoperable Motor Vehicles (on private property)...................................................... 100 7 Legal Basis for the Inoperable Motor Vehicle Ordinance.................................. 101 Where the Ordinance Is Applicable ................................................................. 101 Antique Vehicles ............................................................................................ 102 When To Cite An Inoperable Motor Vehicle ..................................................... 102 Inoperable Motor Vehicle Citation Procedure .................................................. 103 What To Do If A Vehicle Cannot Be Towed ...................................................... 105 Inoperable Vehicles on the Public Right of Way ....................................................... 106 The Police Department Tow List ............................................................................. 107 The Weed and Trash Ordinance .............................................................................. 107 Legal Aspects of the Weed and Trash Ordinance ............................................ 107 Definition of “Weeds” and “Trash” .................................................................. 108 Citation Procedure for Weeds and Trash ......................................................... 110 How to Fill Out An e-form for an INITIAL Weed/Trash Violation........ 112 How to Fill Out Insp. Module for an INITIAL Weed/Trash Violation ... 113 How to Fill Out Screen 1for an INITIAL Weed/Trash Violation ........... 114 How to Fill Out A Work Order Request for an INITIAL Violation ......... 115 What to Do if Property Was Already Cited During “Weed Season ....... 115 How to Fill Out Inspection Module for SECOND or SUBSEQUENT Violation ..... 118 How to Fill Out a Work Order Request for a SECOND or Subsequent Viol. ...... 119 How to Fill Out Screen 1 for SECOND or Subsequent Violation .......... 120 Weed and Trash Violation Appeals .......................................................................... 121 8 Liens ..................................................................................................................... 121 Bagged and Loose Leaves and Mulch ...................................................................... 121 Trash Cans, “Solid Waste” On City Property and Related Complaints ........................ 122 The Zoning Code .................................................................................................... 123 Zoning Code Basics........................................................................................ 124 How To Use the Zoning Code Matrix .............................................................. 125 How To Determine the Zoning of a Parcel ...................................................... 127 Zoning Code Enforcement Procedures ............................................................ 127 How To Fill Out a Zoning and City Code Violation e-form ............................... 129 How To Fill Out Screen 1 in Permits Plus for a Zoning or City Code Violation .. 130 Violations Covered in the Zoning Code and City Code .................................... 131 Auxiliary Structures (fences, outbuildings, retaining walls etc.) ........ 131 Boarding Houses ............................................................................. 132 Business Enterprises ........................................................................ 132 Commercial Vehicles ....................................................................... 133 Mud, Gravel or Debris on Streets ..................................................... 134 Noise Disturbances .......................................................................... 134 Obstructions Over Sidewalks, Streets etc.......................................... 134 Overcrowding and Boarding Houses................................................. 134 Outdoor Storage .............................................................................. 136 Parking in Front Yards ..................................................................... 137 9 Recreational Vehicles Parked On Private Property or on the Street .... 138 Sidewalk and Driveway Encroachments ............................................ 138 Signs, Pennants, Banners, Balloons – Basic Information. ................... 139 Specific Types of Signs and City Code Sections Pertaining to Them .. 140 Snow on Sidewalks .......................................................................... 141 Stop Work Orders ............................................................................ 141 Temporary Uses (Continuous Yard Sales, Portable Storage Containers) ..... 142 When A Zoning Permit Is Required ................................................................. 142 The H-1 and H-2 Zoning Districts ................................................................ 142 12. Court Procedures .................................................................................................... 146 Basic Court Process ................................................................................................ 146 Dress Code for Court ............................................................................................. 147 What To Bring To Court .......................................................................................... 147 What To Do If a Defendant Is Given a Court Order or Found Guilty .......................... 148 Court Presentation Tips from the City Attorney ...................................................... 148 Useful Information Sheets for Court ....................................................................... 150 What To Do If Absent on the Day of Court ............................................................. 152 Obtaining A Court Docket and Other Court Information ......................................... 152 Obtaining An Inspection Warrant ............................................................................ 153 General Guidelines......................................................................................... 153 10 Forms To Use For An Inspection Warrant ........................................................ 154 If Entry Is Refused, Even With the Warrant ...................................................... 155 What To Do Once The Inspection Has Been Completed ................................... 156 Additional Inspection Warrant Details............................................................. 156 13. Technology Issues and Systems ............................................................................... 157 The “Help Desk” ..................................................................................................... 157 Before Calling the Help Desk .......................................................................... 157 If You Must Call the Help Desk ....................................................................... 157 Before Calling the Help Desk for a Copier Problem ......................................... 157 Manatron and Geographic Information System (GIS) ................................................ 158 The Host System .................................................................................................... 158 Suite Response System (Respond) ........................................................................... 158 Permits Plus ........................................................................................................... 159 Getting Started With Permits Plus ................................................................... 159 Naming Documentary Photo Files................................................................... 160 When “Hard Copy” Photos Need To Be Printed ................................................ 161 How To Import a Photo File into Permits Plus ................................................ 161 Permits Plus Status Categories and When to Use Them ................................... 162 “Unfound” and “Void” Statuses ......................................................... 162 Graffiti Complaints .......................................................................... 162 Inoperable Vehicles ......................................................................... 162 11 Property Maintenance/Rental Unit (categories used by inspectors) ........ 162 Property Maintenance/Rental Unit (categories used by support staff) .... 164 Weeds and Trash ............................................................................. 164 Zoning Complaints .......................................................................... 164 Accessing a Certificate of Occupancy in Permits Plus...................................... 165 Getting Help with Permits Plus Technical Problems ........................................ 165 How to Set Up Multiple Units For One Property ............................................... 165 14. Other Departments, Utilities and Obtaining Outside Information ............................. 166 Appalachian Electric Power ..................................................................................... 166 Clerk of Courts....................................................................................................... 167 Code Team ............................................................................................................ 167 Economic Development .......................................................................................... 168 Fire and Emergency Medical Services (EMS) ............................................................. 168 Housing and Urban Development (HUD) ................................................................. 168 Lead Safe Roanoke ................................................................................................. 168 Parks and Grounds ................................................................................................. 169 Police Department .................................................................................................. 169 Roanoke Gas Company ........................................................................................... 169 Solid Waste Department ......................................................................................... 170 State Corporation Commission ............................................................................... 170 12 Tax Sales ............................................................................................................... 175 Virginia Department of Transportation (VDOT) ....................................................... 175 Western Virginia Water Authority ............................................................................ 175 15. Charities and Resource Agencies ............................................................................. 176 16. Appendices, Forms and Miscellaneous Information .................................................. 178 Code Enforcement Department Phone Numbers ..................................................... 178 Acrylic and Rigid Plastics, Guidelines for Use .......................................................... 179 Brownfields Program .............................................................................................. 180 Computer Generated Reports ................................................................................. 181 Running Standard Permits Plus Reports .......................................................... 181 Custom Reports Using QBE Report Writer 2000 .............................................. 181 Legal Aid Society of Roanoke .................................................................................. 182 Municipal Waste Battery Recycling .......................................................................... 182 Neighborhood Groups ............................................................................................ 183 Notice of Trespass ................................................................................................. 183 Rent Payment Into An Escrow Account .................................................................... 185 Front Yard Parking ................................................................................................. 185 13 1. Purpose of This Manual and Applicability This manual is designed as a guidebook for new inspectors and as a procedural reference manual for all types of code enforcement activity. These written guidelines are intended to assure consistency and predictability within the city’s code enforcement program and also to educate citizens and property owners about code enforcement and the consequences of violating the codes. The information herein applies to all code enforcement activities carried out under the Department of Planning, Building and Development, Division of Code Enforcement, its employees and its agents, which includes contractors used by the department to provide board-ups, to raze derelict structures, clean up or mow lots and tow vehicles. Citizens may not undertake private legal action to enforce city codes. The policies and procedures in this manual do not apply to private legal action, nor should they be interpreted to suggest that the city will participate in such private legal action. 14 2. Code Enforcement Purpose and Goals What Is Code Enforcement? The Code Enforcement division is responsible for the enforcement of nuisance codes designed to protect the health, safety and welfare of Roanoke’s citizens. In 1986, the City adopted the Building Maintenance Code which establishes a standard for building maintenance citywide. The Code is part of the Virginia Uniform Statewide Building Code and is based on the International Property Maintenance Code. In 1996, the City established a Rental Inspection Program for rental properties located in the “Rental Inspection District”. This program requires every rental unit in the designated area to be inspected once every four years for compliance with the adopted building maintenance code. In 2006 the City created the “Interagency Code Enforcement Team”, also known as the “ICE Team” or the “Code Team” as a means to cope with worst case scenarios by expanding code enforcement across departmental lines and soliciting cooperation from citizens, departments and other agencies at all levels throughout the City. The basic Code Team consists of representatives from the Police Department, Fire-EMS and Code Enforcement and other departments as required. The function of Code Enforcement is to enforce the requirements of the City’s zoning ordinance, various “nuisance” ordinances, the building maintenance code, the residential rental inspection program, weed and trash abatement, the inoperable motor vehicle ordinance, and the graffiti abatement program. Knowing that effective code enforcement goes a long way toward enhancing the City’s livability, safety and appearance, increased emphasis has been placed on effective, responsive and proactive code compliance by Roanoke City Council, the City administration, neighborhood groups and citizens. Clean, attractive neighborhoods are a magnet for attracting economic investment and revitalization, and ensuring population retention. Code Enforcement is administered by a Codes Compliance Coordinator, two Senior Codes Compliance Inspectors, eleven Codes Compliance Inspectors, a part-time Codes Compliance Inspector and four Administrative Assistants. Code Enforcement has a general information website which can be accessed as follows: Go to http://www.roanokeva.gov Click on Community When the list of options appears click on City Departments Click Planning, Building and Development Click Code Enforcement 15 Philosophy of Code Enforcement The city’s policy is to require compliance with codes in all cases in which there has been a valid complaint and to provide proactive enforcement as needed to maintain neighborhood standards. Inspectors should prioritize complaints based upon the severity of the situation. Our intent is to enforce the code equitably and to apply the level of enforcement that best fits the specific type and circumstances of the code violation(s) with the end goal of achieving compliance with the code. Every code violation is different and the method of dealing with it should reflect what is necessary in order to resolve it rather than to be unnecessarily punitive. According to the Virginia Maintenance Code (Part III of the Virginia Uniform Statewide Building Code) property owners should always have the option of using the least expensive option in order to come into compliance with the code: 102.1 Purpose. In accordance with Section 36-103 of the Code of Virginia, the Virginia Board of Housing and Community Development may adopt and promulgate as part of the Virginia Uniform Statwide Building Code, building regulations that facilitate the maintenance, rehabilitation, development and reuse of existing buildings at the least possible cost to ensure the protection of the public health, safety and welfare. . . . All actions of inspectors must be fully and clearly documented and all cases must be followed through to completion in a timely manner, using the most suitable means available. In working with the general public and interacting with other City staff and outside agencies and groups, Code Enforcement inspectors should always be mindful of the following “core values”, mandated for all city employees: Respect Responsibility Honesty Teamwork Diversity and Inclusion Mission Statement Code Enforcement is responsible for administering various codes and ordinances which promote clean, safe, and attractive neighborhoods. Code Enforcement is responsible for the enforcement of the building maintenance, zoning and “nuisance codes”. Code Enforcement also administers the City’s Rental Inspection Program, which works proactively to assure the safety and adequate maintenance of the city’s older rental 16 stock within an area defined as the “Rental Inspection District”. This district encompasses the City’s core neighborhoods and a few outlying parcels that have been added due to a high level of code enforcement activity. In the City’s Strategic Business Plan for 2009-2011 Code Enforcement is declared as an integral part of the “road map for carrying out the City’s long-range neighborhood strategy”. This strategy consists of “partnering” with Roanoke residents to “develop and use community resources to build strong, sustainable neighborhoods where people of all ages, ethnicities, lifestyles, and incomes choose to live, work, and play.” Code Enforcement is considered by City Management to be a key factor toward achieving sustainable, diverse neighborhoods and increasing quality of life for City residents though ensuring safe, clean and healthy communities. Plans Documenting the City’s Long-Range Goals and Strategies for Change Vision 2001-2020 or “The Comprehensive Plan” City management, civic leaders, city planners and citizens with an eye to the future of the City of Roanoke have contributed to formulating a broad plan that addresses many facets of city life. This “Comprehensive Plan”, also known as “Vision 2001-2020” mandates basic strategies for improving the quality of life in the City. Issues covered in the plan include: Renovation and reuse of older commercial areas Downtown development and housing Neighborhood design Commercial areas in neighborhoods The environment Historical restoration Utilities and infrastructure Public services o Police o Fire o Emergency Medical Services o Solid Waste o Code Enforcement Economic Development Libraries Education 17 Health and Medical Services Entertainment The summary statement of the plan envisions that by the year 2020 Roanoke will be: “. . . a growing, dynamic, and sustainable city that is focused on the future with a strong, diverse economy and a balanced and growing population that values and enjoys a high quality of life in a safe and attractive environment. Working together, the City and region boast a steady growth in jobs and residents, higher school scores, improved government services, and a broader range of recreational and entertainment activities.” With the above generalizations in mind the Comprehensive Plan sets forth the following strategy pertaining to Code Enforcement: “The City will continuously review development and building codes and their administration to ensure appropriate regulations and review processes that encourage quality development and protection of the public’s health, welfare and safety.” It is from these broad “vision statements” that the City’s more specific Strategic Business Plan, outlined below, was developed. Roanoke’s Comprehensive Plan in its entirety can be found at http://www.roanokeva.gov/vision. The Strategic Business Plan Within the City’s 2009-2011 Strategic Business Plan (SBP) is City Management’s officially approved long-range strategy for the Department of Planning, Building and Development. The plan devotes several pages to goals and measures aimed at improving the Code Enforcement department specifically. A summary of the plan’s recommendations for Code Enforcement, reduced to four main improvement goals, is provided here, followed by the plan’s overall goals for the Department of Planning, Housing and Neighborhood Development: Update code enforcement databases and take full advantage of system capabilities Ensure all scanning capabilities of Permits Plus database are operable Reduce paperwork related to records management by filing electronically whenever possible and avoiding duplication between electronic and paper files Make sure all inspectors have laptop PCs and docking stations 18 Specific Goals for Improving Service to Citizens Code Enforcement will work closely with Interagency ICE Team to identify problem properties Partner with other City Departments, government agencies and citizens to identify residential units within RIP zones Enlarge Rental Inspection Zones when needed and revisit properties more frequently (not feasible at this time due to volume of inspections) Improve the consistency of code enforcement among inspectors Recruiting, Retaining and Training Top-Performing Employees: Provide opportunities for advancement Promote teamwork and evenly distribute responsibilities Reinforce inspectors’ developmental goals during semiannual performance evaluations Provide annual training in technical, office and database procedures Establish mechanism for tracking training of staff Quality Control Rely upon “Performance Measures” to determine whether or not progress is being made, such as: Number of derelict and unsafe structures eliminated Number of properties inspected under the Rental Inspection Program Percent of time inop vehicle, weed and trash, graffiti notices are mailed within 24 Percent of time RIP expiration notices are mailed at lest 15 days prior to certificate hours of receipt by inspector expiration As of January 10, 2012 all feasible goals have been implemented and approved by the City’s auditor as verified in this memo: 19 The Strategic Business Plan can be accessed on your computer by going to “My Computer” and accessing the L drive. The full link is as follows: L:\HOUSING\DNSSBP\New Draft SBP\Strategic Business Plan 9-2-08. Overall Goals of the Strategic Building Plan for Planning, Building and Development The specific measures for improvement to the Code Enforcement Department have been outlined above. These measures were derived from the City’s overall vision for the Department of Planning, Building and Development, generalized in these quotes from the September 2, 2008 Strategic Business Plan: . . . to ensure a sustainable balance of growth, public safety, quality urban design and environmental responsibility, through long-range community development planning, housing programs and administrations of land development codes for the City’s neighborhoods, the City as a whole and the region. “To partner with Roanoke residents to develop and use community resources to build strong, sustainable neighborhoods where people of all ages, ethnicities, lifestyles, and incomes choose to live, work, and play” 20 Code Enforcement is responsible for administering various codes and ordinances which promote clean, safe, and attractive neighborhoods. Neighborhood Support focuses on promoting neighborhoods through Program implementation, neighborhood grants, the Roanoke Neighborhood Advocates, and creation/distribution of newsletters and other communications. HUD Community Resources develops the five-year Consolidated Plan and annual updates for the City’s CDBG, Home and ESG funds, and administers and monitors activities undertaken with these funds. The City’s Citizen Service Center provides a timely response toward the resolution of resident’s needs and concerns. 21 3. Code Enforcement Operations and Basic Procedures A Brief Overview of the Code Enforcement Department Code Enforcement is a division of the City’s Building, Planning and Development Department. One director oversees the entire department, which consists of five divisions: Building Inspections, Neighborhood and Community Planning, Administrative and the 853-2000 phone line, Code Enforcement and HUD Community Resources. Within the Code Enforcement division a Codes Compliance Coordinator oversees thirteen inspectors, two of whom are “senior inspectors”, each coordinating a team of five or six codes compliance inspectors. Each codes compliance inspector is responsible for a particular geographic area of the city, called a “zone”. The department also has a part-time codes compliance inspector who participates in the city’s interdepartmental “Code Team” as well as assisting other inspectors as needed. Clerical support for inspectors and administrators within the department is provided by four full-time administrative assistants and one part-time administrative assistant. One of the full-time administrative assistants serves as the office manager for other administrative staff. All Code Enforcement and Building Inspection activities are entered into the “Permits Plus” database which enables anyone within the Department of Planning and Development to access and track citations and permits on any privately owned parcels within the City. How Code Enforcement Is Initiated Code Enforcement is advertised on the City’s web page, in the telephone book, by brochures, on public television and at civic functions such as neighborhood meetings and City Council meetings. The goal of these advertisements and presentations is that Code Enforcement is available to listen to and hopefully resolve code issues of Roanoke’s citizens. If a complaint or issue is unrelated to Code Enforcement every effort will be made to forward the concern to the appropriate City department or agency. Code enforcement action may be initiated by any of the following methods: Citizen Complaint o o By telephone By e-mail 22 o o By citizen filling out a respond issue on-line In the field A referral from another inspector A referral from another city department o City Management o Police Department o Social Services Businesses Agencies Neighborhood Groups Through the Rental Inspection Program Through proactive canvassing When a complaint is received, it is investigated by Code Enforcement staff to determine if there is a violation of City Code, and if so the enforcement process begins. The next step is to determine the “responsible party” associated with the real estate on which the violation is taking place. Most often this will be the owner of the parcel, but sometimes, particularly in the case of business properties, the manager of the property will be pursued first. Next, the “responsible party” will be notified that a violation exists. This notification may be either by direct contact, door hanger or placard, or by citation letter (or a combination of two or more of those methods). The exact procedures for this, depending upon the type of violation, will be explained later. Outline of the Code Enforcement Process Three of our most essential departmental goals are to maintain uniformity in our process, to apply enforcement equitably, and to achieve compliance with the code. The following is a brief outline of the steps taken in each enforcement activity. Complaint received or possible violation found Investigate Determine if in violation and document o o Clearly a violation Could be a violation If not sure, discuss with someone capable of making a decision o If decision is not to cite then document the reason, particularly if the o If it is a violation then follow standard enforcement procedure for that complaint is likely to arise again violation type 23 o All records should be maintained in Permits Plus (a manual specific to the Permits Plus program is being prepared) Observe standard time frames for orders issued (See “Compliance Guidelines for Building Maintenance Orders on page 66). Document any further activities o o o Visits to the property Discussions with the property owner or manager Improvements made toward compliance Follow up on all deadlines o Grant extensions if they are deserved or necessary and document o Continue to court if no effort is made to correct the violation o Re-summons or re-cite if court case is concluded but compliance is not achieved Strategies and Systems The “Comprehensive” (or Holistic) Approach to Code Enforcement Each inspector’s work should be spread as evenly as possible throughout the entire zone being covered. The goal, aside from handling complaints and rental inspections, is to prioritize and proactively address code violations which will make the most impact in improving the appearance, safety and “livability” of neighborhoods within the zone. This approach implies working to resolve the most egregious violations first, and then working “downward” to citation of the less egregious code violations. When investigating a complaint, the inspector should survey the subject property for all code violations that may be present. For example, if a complaint is specifically about an inoperable motor vehicle in the back yard but the house on the parcel has broken windows, rotten soffits, trash in the yard, and outdoor storage, these issues should be pursued as well. While in the neighborhood, if time permits, the inspector should observe other nearby properties and proactively cite violations if warranted by severity. With this proactive, “comprehensive” approach citizens are more likely to perceive code enforcement as “doing it’s job” and fulfilling the mission statement above. 24 Routine Canvassing A logical approach to canvassing is simply to look around when driving from one complaint to another. Inspectors should make note of obvious violations and prioritize them for follow-up. In most inspector zones there are less-travelled areas that receive few, if any complaints. These areas should be canvassed periodically to make sure the code is enforced as equitably as possible throughout the entire zone. As a general rule an inspector’s citations will be split about 50-50 between complaints and citations from canvassing. If the number of citations is insufficient the inspector may be asked to keep a log of potential violation citations seen when driving from one location to another. This log may be checked from time to time by thhe senior inspector or codes compliance coordinator. Occasionally senior inspectors will canvass the zones of inspectors on their team to note any violations that are likely to lead to a citizen complaint and assure their citation. Prioritizing Your Work Load Inspectors should be mindful of their overall case load so as not to become so overloaded with new initial citations that effective follow-through on each of them is delayed or forgotten. The following guidelines should be observed to effectively manage your case load: Citizen complaints are generally high-priority. If a complaint is not valid, but not citing it is likely to be questioned by the complainant(s), open an activity in Permits Plus, provide a brief description of why it was not cited and use the “UNFOUND” status. Events causing major damage to a property (fires, flooding etc.) are high-priority. Push for as many rental inspections as time will allow after handling valid complaints and obvious/egregious code violations. When driving from one location to another note any obvious, major code violations – those that will very likely receive a citizen complaint, and make sure they get cited as soon as possible. We call this the “holistic approach” to code enforcement. 25 If a code violation is minor and the property is up to general “neighborhood standards” (no worse than the majority of homes in the neighborhood) recheck it at a later date to see if it gets worse. Unless there is a complaint, minor violations are not a priority. An average case load of 75-100 active property maintenance citations is generally all that can be handled effectively by one inspector. It is presumed that there will also a steady flow of zoning, inoperable vehicle and other short-term, “nuisance” type citations. Whenever possible, it is a good idea to bring active cases to conclusion rather than canvassing and adding to an already full case load. No matter what the case load, legitimate complaints should always be addressed. It is important to follow up inspections with required documentation, (See “Documentation and Calendars” on page 35) filing and other associated clerical matters as soon as possible after an inspection so that the information is available to other staff, should someone call to inquire about the case. File folders that have been returned to inspectors should be re-filed quickly so that other staff can have access to them. Aside from handling complaints, endeavor to cite violations that will make the most difference in improving the appearance, health and safety of neighborhoods in your zone. Handling Invalid or Frivolous Complaints Occasionally complaints will be received and an inspection reveals that the matter has either been resolved or never was a code violation to begin with. In such cases the inspection should be documented by opening an activity in Permits Plus, providing a description of what was seen and choosing the UNFOUND status. This way the time spent by the inspector in investigation is accounted for. Oftentimes people will call Code Enforcement in the hopes of using the department as a tool to harass a neighbor or take retaliation, such as in the case of a tenant who is being evicted due to non-payment of rent and nitpicks in the hopes that the landlord will receive a property maintenance citation. If the complaint is legitimate, but overstated, do not allow the complainant’s opinion to supercede what is reasonable under the code. 26 The “Zone” System The “zone” method has proven to be most effective approach to code enforcement with each inspector being assigned a specific area of responsibility for all code enforcement issues. When an inspector is absent from work the senior inspector will be responsible for handling complaints in the zone, and covering any court cases. If there are court cases, the inspector should let the senior inspector know in advance and provide adequate information so that the case may be presented well in court. Inspectors are responsible for attending neighborhood meetings within their respective zone. If a neighborhood group encompasses two or more zones inspectors may plan among themselves to rotate their attendance, but it is required that at least one code enforcement inspector be in attendance at each neighborhood meeting. Senior inspectors are not generally required to attend these meetings unless something particularly eventful is taking place. Some neighborhood groups meet sporadically or not at all. The Neighborhood Services division may be charged with the responsibility to revitalize such groups, or to assist in forming groups where needed. It is not the Code Enforcement inspector’s responsibility to form or maintain such groups but only to attend them in order to connect with citizens, be knowledgeable as to what is going on within their zone, and address complaints. Researching Owner Information There are two databases used the majority of the time for determining parcel ownership: “Manatron” and “GIS” (the Geographic Information System). Much of the time these two databases will agree, but Manatron will be updated first after a property is sold. If a property is foreclosed on, usually the bank involved will not re-record the deed until the property is sold at auction, at which time the new owner must record the deed. Several months may elapse before this takes place. A good resource for finding bank personnel responsible for maintenance on foreclosed properties is the company Safeguard Properties at 800-852-8306 or 216-739-2900. Ask for Rocco Sorma, extension 1662. Occasionally ownership information in the databases will be correct but the owner’s mailing address is incorrect. This happens most often with landlords who do not live at a rental property and yet their contact address is listed as being at that property. In those cases better address information may be obtained from Billings and Collections, 27 the Treasurer’s Office, Economic Development or the Clerks’s Office at the Courthouse. Older Permits Plus activities may also yield the correct mailing address. If the property is owned by a corporation, the State Corporation Commission (SCC) can provide you with the names and addresses of any “registered agents” or “corporate officers” responsible for the property. The Economic Development Department is also a good source of information for commercial properties. The State Corporation Commission can be reached at 800-552-7945 or on-line at scc.virginia.gov. There are specific instructions on how to use the SCC website in Chapter 14 of this manual. If none of the above methods yields the correct owner address try looking through the hard copy files or searching GIS for other properties under the owner’s name. If the owner lives in the City perhaps one of them will be his or her home address. Three internet sites that are useful for determining owner addresses and phone numbers are: whitepages.com, zabasearch.com and anywho.com. When meeting with owners or property managers for inspections it is a good idea to ask for their current mailing address, e-mail address and phone number(s). Having the correct mailing address in the beginning can reduce the number of returned, unread letters and is essential in serving a summons, should one be required later. When doing a citation that could result in court action do not send it to a P.O. Box. A summons can only be delivered to a physical address. Contacts made in the field with owners, business managers, property managers and real estate agents, should be documented for future use. Oftentimes Code Enforcement issues can be resolved simply with a phone call to the right person. In such cases the conversation should be documented in case something goes wrong or agreements are not kept. This documentation should be kept in Permits Plus by opening a blank issue, entering the type of complaint, describing the action that was taken to resolve it, and closing the issue. Then the information is available for future retrieval. When sending a Notice of Violation (and particularly when issuing a summons on a corporate-owned property) do not summon the registered agent or corporate officer directly, but on the summons form always type their name underneath the corporate name, as in: XYZ Corporation, c/o John Smith, Registered Agent. Otherwise the case will be thrown out of court. Corporate officers and registered agents cannot be held personally liable for citations issued against the corporation they are representing. If there is no registered agent for a corporate-owned property the State Corporation Commission will appoint someone to serve as the registered agent. If summoned to court, it is unlikely this person will attend, but it should at least result in a guilty verdict. 28 For more clarification on doing a corporate summons check with the Commonwealth’s Attorney, Bill Braxton at 853-2626. Missing Utilities, Whose Responsibility Is It? Occasionally inspectors will encounter a situation where one or more utilities (electricity, gas or water) is lacking. As this is a violation of code and, in fact, makes the dwelling unit condemnable, the party that pays for that utility should be the one cited. For example, if the landlord has provided a fully functional gas furnace and it is the tenant’s responsibility, according to the lease agreement, to pay for the gas, then the tenant should be cited for a lack of gas service. On the other hand, if the dwelling unit is part of a duplex or triplex with a shared water line, then a lack of water would be the landlord’s responsibility. If it cannot be determined whose responsibility it is then the landlord should be cited as he/she is ultimately responsible for the property. When To Establish Personal Contact Given the volume of complaints received by code enforcement, it is not always practical or possible to establish personal contact with every individual responsible for remedying a violation. This is especially true with regard to weed and trash violations, inoperable motor vehicles, and routine outdoor storage violations at rental properties or vacant lots. Inspectors should always use tact and discretion tailored to the situation at hand. Some situations in the field are serious enough to warrant personal contact and some routine or less serious issues do not require personal contact. When dealing with commercial enterprises open to the public always contact the manager or owner first to make them aware of the violation prior to sending a citation letter and especially before issuing a court summons. When To Contact Landlords Regarding Tenant Complaints Oftentimes tenants will call Code Enforcement and request an inspection. Sometimes, these complaints are legitimate maintenance issues and at other times they are exaggerated, being retaliation for a pending eviction or due to bad feelings between landlord and tenant. It is important to remember as inspectors that we are “there for the building” and not to take sides in a dispute. Our job is to assure the safety and maintenance of the house, apartment unit, or other structure. 29 Some landlords wish to be informed every time a tenant complaint is received so that they may be present during the inspection. The Code Enforcement Department does not procedurally require a phone call to the landlord every time an inspection is set up or a complaint is received. To call or not to call is at the discretion of the inspector who is handling the complaint. With the above said, a courtesy phone call to the landlord may help to build trust and rapport between inspector and landlord. On the other hand, if it is likely that the landlord may use this opportunity as a forum to intimidate or stifle tenants, or “steer” the inspection then perhaps it would be best not to give advance notice to the landlord. It is also permissible for an inspector to inform the tenant that he/she should “seek legal advice” if the questions being asked are beyond our area of expertise. Encouraging Voluntary Compliance If complaint volume is very high, such as during the “weed season”, it may be possible to achieve compliance without citation by simply using the weed/trash door hanger. This tool is valuable when time is short and the property owner is likely to be responsive. Many people will gladly remedy a code violation without having to be officially cited. The door hanger is written in both English and Spanish. Once a “2010 Notice to Owner - RIP” letter has been sent, an inspector may choose to use a Rental Inspection Program door hanger in the hopes of getting an inspection. These door hangers are a valuable tool for educating citizens and a “last resort” before filing a court summons. An official written citation carries a lot of weight and usually brings about compliance but commercial businesses, if at all possible, should be given a courtesy call first. If visiting the business in person try to be as discreet as possible, by not involving customers in your discussion with the manager or owner. There are other situations as well where it is likely that a violation will be remedied with a verbal agreement but it is advisable to document such encounters and conversations in Permits Plus by opening a new activity if one does not already exist. Always keep the complainant’s concern in mind and if the violation is not quickly remedied, send a citation letter. 30 Overcoming Language Barriers The demographic fabric of the City is rapidly changing and it is likely that field inspectors will encounter persons whose English skills are minimal, and their understanding of zoning and property maintenance laws is nil. The Code Enforcement department is aware of this situation and retains inspectors versed in Spanish who can be called upon to translate when needed. Hispanics are the largest group of nonEnglish speaking people within the City. Gwin Ellis, ext. 6076, in Human Resources is a valuable resource with many contacts. The police department also has officers and support staff familiar with Spanish and other languages. An outside agency that may be of help in finding translators is Refugee and Immigration Services (run by the Catholic Diocese): contact Abigel Kiss, 342-7561 or email [email protected]. Filing A Summons If all other means of achieving compliance with the code have been exhausted and the property owner will not, or cannot comply with a citation then it will be necessary to request a summons so the matter may be heard in court. The judge will then weigh the evidence and decide what course of action is appropriate in the case. If the defendant does not comply with the judge’s order then he/she will be subject to a fine. If the code violation(s) still remain after a fine has been imposed the case may be brought back to court again and again until compliance is achieved. Fortunately, most defendants choose to comply with the code upon receiving a summons rather than spending time in court and risking a fine. More information and tips on court presentation will be covered in Chapter 12. A docket will be distributed to inspectors on the day before Zoning Court (usually the 1st and 3rd Thursdays of each month). Inspectors with cases on the docket should remember to meet with the Commonwealth Attorney, Bill Braxton, prior to court. This meeting takes place at 1:30, just prior to Zoning Court, which is at 2:00. The meeting is held in the Commonwealth Attorney’s Office, on the second floor of the City Courthouse. During the pre-court meeting each inspector who has a case that day must provide a brief synopsis of their case(es) so that the Commonwealth Attorney is prepared to argue the case in court. 31 If evidence is going to be heard on the case, the inspector needs to obtain a copy of the deed to the property in the Clerk’s Office on the third floor of the Courthouse. There is no cost for this service to City inspectors. Oftentimes text within the deed will only refer to the property by its legal (metes and bounds) description and the street address will not be listed. If it is known or suspected that the defendant will have an attorney, the inspector should also obtain a copy a water bill or tax bill, which will tie the owner’s name to the parcel (and then the name can be tied to the deed, which proves ownership). The bill copies may be obtained on the first floor of the Municipal Building, from Billings and Collections. If the defendant has secured an attorney, he or she is not required to testify. This means that the Commonwealth Attorney is not allowed to simply ask the defendant “do you own the property”. Devoid of a simple “yes” or “no” answer, and without a deed or other document(s) to prove ownership, the Commonwealth Attorney is at a loss to establish ownership defendant and the case may be lost due to that “technicality.” The above illustration is by no means the only “technicality” that could cause the City to lose a case. Some “official” documents may require a “custodian of the records” to be present in order to prove that a document is official and accurate. Claims made by the prosecution in regard to setbacks from the property line cannot be proven in court with only a GIS printout. There must be a survey available. Bear in mind that the Court is “procedural” in nature, and a “common sense” approach may backfire in the face of a clever attorney for the defendant. Always make sure all of the basic “evidence” is available, to include: 1) proof that adequate notice was given to the defendant 2) a list of the violations present at the property and what code section was violated 3) photographic evidence as needed taken as close to the day of court as possible 4) a chronology of pertinent events Some useful court checklist forms are available on page 143 of this manual. Filling Out A Summons and Assuring Its Delivery When issuing a summons observe the following points to assist in its delivery: If there is more than one possible address for the defendant put the extra address(es) on the Criminal Complaint Form. Do not use a P.O. box address. A summons cannot be delivered to a P.O. box. If a phone number is available for the defendant put that on the Criminal Complaint Form. 32 If unsure of the correct address check with the City Treasurer’s Office or the Real Estate Assessment office. These offices will have access to tax and utility bills and court documents that may contain the correct address for the defendant. In order to summons a corporate entity list the corporate name first followed by: “c/o” and the name of a registered agent or corporate officer. If an individual associated with a corporation is issued a summons in his or her name the case will be thrown out of court. The names and addresses of corporate officers and/or registered agents are available from the State Corporation Commission -- 800-552-7945 www.scc.virginia.gov If at all possible list a local address for the defendant. Out of state summonses oftentimes do not get delivered. When dealing with a corporate entity being run by a local manager, this person may be summoned to court as long as the corporate name is listed first on the summons followed by c/o and that person’s name. If an S.C.C. search fails to reveal corporate officers or a registered agent it may be necessary to summons someone from the S.C.C. itself to serve as the registered agent. Check with the Commonwealth’s Attorney on how to write the summons. If a summons has not been delivered in four weeks contact Sgt. Kevin Assenat at the Police Department by e-mail and request that he expedite delivery of the summons. Withdrawing A Summons A summons may be “withdrawn” under the following circumstances: It has not been served in three years (regardless of status) The property is no longer owned by the person or entity charged The summons was issued in error The property is in compliance and the summons has not been served To withdraw a summons contact Betty Jo Anthony in the Commonwealth Attorney’s office. She can be reached at 853-2626 or by City e-mail. Customer Service and Ethics While in the field or in the office inspectors should always behave professionally, keeping in mind that we ARE the city, and the impression we make on our external and internal customers is a reflection on the City as a whole. Rude, angry, condescending or unethical behavior on the part of City staff is not acceptable. 33 Some of our customers may be angry, rude or condescending but City inspectors should always remain as calm as possible and never get drawn into a verbal or physical battle with a citizen. If it seems that a situation will only escalate it is best to leave and return at a later time, giving the customer time to “cool off”. If you sense that a dangerous situation could erupt, either return with another inspector or with the police community resource officer. There is a list of resource officers on page 61 of this manual. While in the field or on the phone inspectors are not expected to put up with personal insults, cursing or derogatory behavior. In that case you are at liberty to tell the customer that you are going to hang up or leave if the foul language doesn’t stop. These events are rare and the vast majority of cases in the field or on the phone can be handled with the proper tact and psychology. Inspectors should never use their position to obtain personal favors, as a platform to gain commercial advantage or money (beyond normal salary), or in a punitive manner. If it appears that something would be a “conflict of interest”, meaning the goals of the City are in opposition to your personal goals or a violation of the City’s “Personnel Operating Procedures” then it is best not to engage in it. The “P.O.P.s” can be accessed as follows: 1) go to Lotus Notes Employee Portal, 2) Click “References and Information” tab, 3) Go to “Administrative Procedures”. An index and table of contents is available. In Section 2.2-3103 The Code of Virginia has defined specific activities that are to be considered as conflict of interest for employees working in state or local governmental positions. To protect the interests of the department an employee who is suspected of “prohibited conduct” may be asked to fill out a disclosure form, to document why the behaviour or activity in question does not conflict with their job. This list from the Code of Virginia has been condensed. (Code of Virginia) Section 2.2-3103. Prohibited conduct. No officer or employee of a state of local governmental or advisory agency shall: 1. Solicit or accept money or other thing of value for services performed within the scope of his official duties. . . . 2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment or promotion . . . 3. Offer or accept money or other thing of value for or in consideration of the use of his public position to obtain a contract fdor any person or business with any governmental or advisory agency. 4. Use for his own economic benefit or that of another party confidential information that he has acquired by reason of his public position and which is not available to the public; 5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. . . . 6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded to him to influence him in the performance of his official duties. 7. Accept any honoraria for any appearance, speech, or article in which the officer or employee provides expertise or opinions related to the performance of his official duties. . . . 8. Accept a gift from a person who has interests that may be substantially affected by the performance of the officer’s or employee’s official duties . . . 34 9. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. . . . Inspectors should be especially careful not to be involved in part-time jobs or activities in which they profit from privileged information derived from their employment with the City. If there is any doubt as to whether such an activity would be a conflict the employee should check with his/her supervisor. If the activity is approved, but could nevertheless be perceived by others as a conflict, the employee should provide a “disclosure” to be kept on file in case there are future accusations. If such an activity is, however, determined to be a conflict of interest the employee will be asked to cease engaging in it or risk termination of employment. Giving Legal Advice When asked by property owners or tenants, it is wise not to give advice outside of our area of expertise, but it is permissible to suggest seeking advice of an attorney. “Right to Privacy” Expectations of the Complainant When a complaint is received by Code Enforcement it is assumed, unless specifically stated otherwise, that the person complaining prefers to remain “anonymous”. To protect complainants from possible retaliation, inspectors are advised to answer the question “Who complained” with a non-specific reply, such as “I don’t know who complained” or “the complaint was anonymous” or “I cannot reveal that information”. In most cases this approach will be sufficient to put the matter to rest, but there are situations where it is completely obvious who complained, such as when a tenant calls Code Enforcement to complain about their landlord not fixing problems in their unit. It would be unrealistic for the tenant to expect to remain anonymous in this case. There may be other scenarios when someone charged with a code violation is completely correct in naming the complainant, and asks the inspector to verify it. In order to avoid saying anything which the complainant may seize upon later as contributing to their harassment or endangerment, the inspector should reply with a statement like “I can’t confirm it” or “I’m not allowed to get into that”. If a citizen insists on knowing who complained against them it is their right (under V. F.O.I.A.) to request any documents of “public record” available with regard to the complaint, such as “Suite Response System” complaint records or e-mails on the City’s system, as long as they are not confidential exchanges between City employees and the City Attorney’s Office. 35 The Virginia Freedom of Information Act (F.O.I.A.) According to the Virginia Freedom of Information Act, Section 2.2-3704A, all public records are subject to disclosure. However, according to City Attorney Steve Talevi, “there are MANY exceptions to the general rule, and the scope of those exceptions changes on an annual basis”. Talevi suggests that he never renders an opinion relating to the VFOIA without first consulting the state code and that Code Enforcement should not hesitate to contact the City Attorney’s Office at 853-2431 or e-mail [email protected] with any questions pertaining to VFOIA”. Here are a few basic points on the VFOIA to remember: 1) No specific reference needs to be made to the “Freedom of Information Act” in order for a request for documents to be considered. 2) If the information does not exist in written form there is no need to comply with the request, or even to create a policy to comply with such a request. 3) It is not advisable (per the City attorney) to create a written “policy” on VFOIA requests because of the many, and changing exceptions to the general rules of disclosure. Documentation and Calendars Required Documentation It is important that all inspections and citations be followed up with adequate documentation. An “unfounded” complaint should be documented if there is a possibility that the complainant may later want to know if it was investigated, and why nothing was done. Given that an inspector cannot always be on hand to answer questions, this documentation should be sufficient to enable other Code Enforcement staff to interpret the essentials of a case. Good documentation consists of the following: Open an activity in Permits Plus (if one has not already been created) If the complaint was unfounded choose the “Unfound” status, and provide a brief description on the “document pad” as to why there was no code violation For valid complaints and other code violations make sure all screens are appropriately filled out Make sure the “inspection module” is updated after each inspection 36 Provide a dated, written description in the note pad when new, pertinent information arises, such as after a phone conversation with the owner or after a discussion with the tenant or a neighbor Import photos into the Permits Plus activity through “Office Link”. Microsoft Word templates are available for this purpose. Open a “hard file”. This will be provided to secretarial staff when letters are to be sent and otherwise should be stored in the file cabinets in the inspector area. It need not contain photos that have been imported into Permits Plus, unless they happen to have been printed for court, but it should contain a basic fact sheet, copies of letters and any other documentation or correspondence received on paper. Always provide the level of documentation necessary for others to know the essentials of the case if you are not available. Make sure to provide yourself with a reminder of upcoming inspections, either in Lotus Notes or in Permits Plus (when the Permits Plus calendar become available) The more complex a case is the more documentation should be kept, especially if it is likely the case will go to court. Inspection dates, details of meetings with code violators, things said, and promises made can all be useful in a court testimony. Documentation may also be used in the City’s or inspector’s defense, in cases where complainants or other citizens claim that not enough is being done or the wrong thing was done. Good documentation enables you to support your actions later with details that may be difficult if not impossible to recall later. The “description pad” within Permits Plus is the best place to enter specific notes and observations as the information is easily retrievable by anyone with access to the system. Since hard-copy files have a tendency to get lost, make sure that pertinent information is transferred from them to Permits Plus. When documenting your field work be sure to date each new entry of case details. Pertinent “hard copy” documents that may be needed as “evidence” should be scanned and imported into Permits Plus through Office Link. Your supervisor can show you how to use the copy machine for this. Weekly Recheck Reminder Sheets, Appointments, Case/Activity Tracking Every Tuesday morning at the 8:30 staff meeting, inspectors will be given lists of their “active” cases. Any Permits Plus activity that has not been “closed”, “complied”, put into “work order status”, “voided” or otherwise concluded will be on the list(s). These lists were implemented to prevent open cases from being lost, ignored and/or forgotten. 37 Cases should be “worked” as much as possible through citizen cooperation, and court action should be pursued when the property owner is unlikely to comply with the order otherwise. It is permissible to give several extensions, particularly on an extensive property maintenance order. As long as steady progress is being made inspectors may continue granting extensions, but as a general rule no activity should remain open for more than a year without summons being issued. The Lotus Notes calendar is used by support staff to set inspector appointments. It is a useful tool for recording your own self-generated inspections and recheck reminders. 38 4. Office Policies and Procedures Office Hours Office hours are 8:00 – 5:00 Monday thru Friday. Please be on time. This schedule provides one hour for lunch, usually taken from approximately 12:00 to 1:00. Any alteration in this schedule must be approved by your supervisor. If you are going to be late, call and inform the administrative staff and update them upon your arrival. If you are 15 or more minutes late you must submit a “Notice of Leave or Absence” form (NLA). The NLA form can be accessed on your computer from the Employee Portal by clicking the “Department Apps” tab, then “Housing and Neighborhood Services”, then “Housing NLA”. Any alteration in working hours must be approved by your supervisor. NLA’s are expected to be filled out prior to leaving. Unplanned absences (such as for sickness or family emergencies) should be entered upon returning to work. If you are sick please call 853-2344 when administrative staff arrives, at 8:00 a.m., so the information can be passed to your supervisor. Inspectors should be in the office between 8:00 and 9:00 and 4:00 and 5:00 to be accessible to customers and to answer and return phone calls. If you must go outside of that timeframe in order to arrange an inspection, let your supervisor know. Dress Code Inspectors are expected to dress neatly and professionally. Appropriate, suitably conservative footwear is required, which extends to tennis/sports or athletic-type shoes and “fashion sneakers”. Khaki type pants are preferred but “blue jeans” are also permitted for inspectors, (but not for office staff). Shorts are acceptable as long as they are of the proper material and length. City issue shirts are to be worn as often as possible and otherwise collared shirts with shirttails tucked in. Neckties are optional. All logo-type shirts and t-shirts with printing are not allowed. For court, men are expected to wear a coat and tie, and women appropriate business wear. 39 When not dressing as above ladies should wear collared shirts, appropriate “business” blouses, shells or sweaters, with dress or casual pants below the calf, skirts or dresses. Dress or casual shoes of either leather or cloth-like material should be worn. Staff should ensure that all clothing and accessories worn during regular work hours is in good condition, free of soil, dirt, tears, rips, holes, wrinkles, etc. Any employee either during regular work hours or acting as a representative for the department at any public forum should be dressed appropriately for the occasion. If the event is informal, such as a neighborhood meeting or picnic, work-type attire is permissible. If, however, it is a formal event like a City Council meeting, a coat and tie should be worn. If you are a feature speaker at an “informal” type event, dressing more formally would make a better impression. The director of the department can make special provisions for variations from the above dress guidelines in cases of extreme weather or in relation to specific and special work assignments such as office clean-up or office/work station relocation. Office Etiquette / Noise To keep the noise level in the office as low as possible inspectors are asked to respect their co-workers by setting all personal cell phones to ring at a low level or on “vibrate” mode, and stepping out of the office or talking at a low volume when making or receiving personal phone calls. Radios, computer speakers, and other devices should be kept at a low volume so as not to disturb other inspectors. When on the phone or talking please be mindful of your volume level since background noise can be disturbing to others in the office. Excessive background noise could also leave a bad impression on customers during a phone conversation. If you need to meet personally with a customer it is best to do so in a conference room. Do not meet with customers in the inspector area. Remember, especially on court day, that cell phones are prohibited in the courthouse, and will be confiscated by the sheriffs at the entrance. When Working Out of the Office When going “out in the field” please record your departure time on the “sign out sheet” on top of the file cabinets in the front office. 40 Granting Access to Your Calendar for Scheduling Make sure all administrative assistants as well as your supervisor and senior inspector have access to your calendar for scheduling purposes. Access privileges can be changed by opening your calendar, clicking on 1) the “Tools” tab, 2) “Preferences” and 3) “Access and Delegation”. Choose the names of the persons to be allowed access, one by one and click “Add Person or Group”. The screen is shown below: Make sure when you leave the office that you take your City-issued cell phone and that it remains turned on. This is important especially if citizens are in the office with questions. When contacting fellow inspectors use the “direct connect” feature on your cell phone whenever possible. All inspections should be performed while operating your assigned City vehicle. Use of your personal vehicle for inspections is not recommended and must have supervisor approval. All City vehicles are required to be kept clean, free from clutter and mechanically maintained. “Preventive Maintenance” vehicle inspections are required once every six months. One of these will include the State inspection. A message will be sent by e-mail informing 41 you of an upcoming inspection. These inspections all take place at the Fleet Management garage, on Courtland Ave. Staff Meetings Code Enforcement staff meetings take place every Tuesday at 8:30 a.m. in the Parks and Recreation Conference Room (#308) on the 3rd floor of Municipal North. If the meeting has been cancelled you will receive an e-mail. A staff meeting for the entire department of Planning, Building and Development, which includes staff from Planning, Building, Code Enforcement, HUD and support staff, will take place on the first Thursday of each month at 8:00 am in the EOC room. Please do not schedule appointments during staff meetings unless the property owner or tenant cannot meet at any other time. Let your supervisor know you will not be able to attend the staff meeting, and why. Otherwise, please be on time for the meetings. Paid Leave, Sick Leave, Extended Illness Leave, and “AWOP” (P.O.P. #19) Employees accumulate paid leave at a rate that increases with years of service. More information can be obtained from the Human Resources Department at 853-2231 or by doing a search at the “Employee Portal”, roanokeva.gov/employee. Following is a chart copied from the Employee Portal showing paid leave accumulation rates: Years of Service Hours Per Month Fire 24-hr shift Employees 0-1 10 17 1-5 12 19.75 5 - 10 14 22.75 10 - 15 16 25.50 15 - 20 17 26.75 20 - 25 18 28.25 25 - 30 19 30 30 + 20 32 42 Extended Illness leave time accumulates at the rate of 6 hours per month for all employees, regardless of years of service. Paid Leave and Extended Illness accruals do not occur until the last pay day of the month. All employees are encouraged to have at least 24 hours of Paid Leave available at any given time for emergency use. In order to access Extended Illness hours an employee must have 24 hours of paid leave time available and it must be used first, before extended illness hours will be tapped into. Employees with less than 24 hours of paid leave time will not be eligible to access their extended illness hours. No “creative bookkeeping” will be done to cover an employee who has a shortage of paid leave hours and must be absent from work due to illness. Once three days (24 hours) of paid leave is used the fourth and subsequent days will be taken from the Extended Illness accumulation, and no more paid-leave time will be consumed during that particular incident. Please be prepared to provide proof of extended illness, such as a doctor’s note. If an employee does not have sufficient Paid Leave to cover time off from work during a pay period, the employee will be marked “AWOP” (Away Without Pay) in the time entry system and will receive no compensation for AWOP hours. If more than 8 hours of AWOP is used in one month, Paid Leave and Extended Illness accruals will be lost for that month. In that case Paid Leave and Extended Illness hours will not accrue until the last day of the following month, assuming no further AWOP is taken. Paid Leave and Extended Illness accruals do not occur until the last pay day of the month. Employees should remember to submit a Notice of Leave and Absence (NLA) prior to taking any leave, or to submit the NLA on the day of return from an illness. An employee who is in AWOP status on the working day before a City approved holiday, or is AWOP on the first working day following such holiday, will not receive pay or holiday time earned. This is not applicable to those employees on military leave. This AWOP policy is designed to discourage employees from taking vacation time until it is earned. If you are going to be out of the office for more than one day switch to the “extended absence” greeting on your phone and the “auto-reply” message in Lotus Notes e-mail. Administrative support staff can instruct you on how to use these features. 43 Paid Holidays The following paid holidays are observed by the City of Roanoke. Some of them are “floating holidays” (marked *) in which city offices are open and eligible employees may choose to workand earn eight hours holiday time to be used at a later date. An NLA should be submitted for a floating holiday and the code “HT” used, meaning “Holiday Taken”. If a holiday falls on a weekend it will be observed on the adjacent Friday or Monday. New Year’s Day January 1 Washington’s Birthday third Monday in February Memorial Day last (4th or 5th) Monday in May Independence Day July 4th Martin Luther King Jr. Birthday Labor Day Columbus Day* Veteran’s Day* Thanksgiving Day Day After Thanksgiving Day Christmas Day third Monday in January first Monday in September second week in October second week in November fourth Thursday in November December 25th The exact dates of these holidays are available on the “Employee Portal” of the City’s web site. Click on the “search” tab at the top and type in “holiday”. A document listing the holidays will be available in PDF format. Funeral Leave & Family Medical Leave Act (FMLA) This benefit is applicable to all full-time employees hired on or after July 1, 1992. Funeral leave is paid time off from work to attend funerals and make arrangements required due to the death of family members. Funeral leave is allowed as follows: Death of a Family Member An employee will be allowed up to three consecutive days off for the death of a “family member” as defined below: 1. Immediate Family - Spouse, child, sibling or parent 44 2. Legally Adopted Relatives - Adopted brother, sister, son, daughter or adoptive parents 3. Natural Relatives - Grandson, granddaughter, grandfather, grandmother, aunt or uncle 4. Step Relatives - Stepfather, stepmother, stepdaughter or stepson 5. Foster Relatives - Foster father, mother, sister, brother, son or daughter 6. Other Relatives - Half-sister, half-brother 7. In-Laws - Mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandmother-in-law or grandfather-in-law 8. The term "great" as related to relatives, such as a great-grandmother or great grandson, will be limited to relatives defined in #3 above Death of a City Employee Employees shall be permitted to be away from work for up to two (2) consecutive work hours for purposes of attending the last rites of a deceased City employee. For more details on Funeral Leave contact Human Resources at 853-2231. FMLA (Family Medical Leave Act) All employees who have completed 12 months of employment and worked at least 1,250 hours (156-1/4 eight hour days) are eligible for 12 weeks of unpaid leave in a 12-month period under the Family Medical Leave Act (FMLA). This leave time runs concurrently with any form of paid leave as well as absence without pay (AWOP). Upon returning to work, employees who have used FMLA leave time are restored to the same or an equivalent position. FMLA leave may be taken for: birth, adoption or foster placement of a child or a serious medical condition affecting the employee or immediate family members. The City continues to make its contribution to employee’s insurance benefits during FMLA leave time. Thirty days prior to the exhaustion of any paid forms of leave, the employee should contact Human Resources to arrange payment for the employee's contribution to insurance benefits. Once the employee has exhausted FMLA and all forms of paid leave in the 12-month period, he/she is then required to pay the full premium for any insurance benefits. 45 Inclement Weather It is extremely rare that City offices will be closed due to inclement weather. Unless you are told otherwise by your supervisor, normal work hours will still be in effect. If it is impossible to get to work on time due to snow, ice, or other hazardous conditions an NLA (notice of leave or absence) will have to be submitted for the time lost. Bear in mind that if disasterous weather conditions occur (such as flooding) you may be asked to assist the Real Estate Assessment department in taking inventory of damaged properties for possible Federal assistance. Keys, Phones and Other City-Issued Devices Each inspector will be provided with key(s) to access the office and bathrooms, and key(s) for their assigned vehicle, as well as a badge, plus an ID card which serves as an electronic key to enter the main building. Each inspector is assigned his or her own vehicle for field work. Laptop computers, cell phones and a digital camera will also be provided. New employees will receive shirts and jackets with a city logo, and/or the words “Code Enforcement” printed on them. These may be worn in the field for identification. Occasionally more shirts and jackets are ordered by the department to replace worn out clothing. Discounts Available for Steel-Toed Boots and Safety Glasses The city provides a $50.00 incentive to employees toward the purchase of steel-toed boots for field work. Reimbursement is also available for prescription safety glasses. Instructions on how to obtain these reimbursements can be found in the Personnel Operating Procedure (POP), accessed as follows: Go to Lotus Notes Click “Reference and Information” tab Click “Administrative Procedures and POPs” Click #2 “Payroll and Human Resources” Scroll down and click “2.19 Reimbursement for Safety Glasses and Steel Toed Shoes” 46 Vehicle Policies Each inspector will be provided with a vehicle which should be used for all City business during working hours. Inspectors are required to take their vehicle to the Fleet Management garage at the City’s Public Works Center on Courtland Ave. when required for preventative maintenance (PM) and State inspections. You will be alerted by e-mail when one of these inspections is due. When parking around the Municipal Building please avoid the 15 and 30 minute spaces, and be aware of the time limit on the 1 and 2 hour spaces. City vehicles are not exempt from parking tickets. Personal vehicles may be parked free of charge in the employee parking lot on Day Ave., SW near the intersection with Franklin Rd. and also on the lot next to the railroad tracks, one-half block west of the Salem Avenue lot where Code Enforcement and Engineering vehicles are normally parked. City employees generally may not use City vehicles for commuting to and from their personal residence. According to P.O.P. (Personnel Operating Procedure) #21 “An exception is made in cases of commuting where employees are required to be on call and are subject to call back, etc., and are required to drive assigned City motor vehicles to and from their place of bonafide residence.” If the need arises for a code enforcement inspector to be “on call” then this exception would apply, but only with supervisor approval. Inspectors MAY park their assigned city vehicle at the nearest fire station to their residence and switch to or from a personal vehicle there if it is more convenient than parking at the Salem Avenue, SW lot. In order to do this permission must be obtained from the Codes Compliance Coordinator and from Fire and Emergency Medical Services Chief Harold Hoback, 853-1207 or 529-6802. Chief Hoback will let the fire station know of your intention to park there and the employees at the station will instruct you on where to park your City and personal vehicle. Formatted: Indent: First line: 0" Citizen “Ride-Along” Policy It is normally against personnel procedures to use your City vehicle to transport someone who is not a City employee. The only exception to this is if the citizen has been invited to “ride along” in order to observe how we do business. In that case the 47 individual must sign a waiver form that absolves the City of any liability in the event of an auto accident or other unfortunate event. The form is shown below: 48 Training, Testing and Travel For any one required certification, the City will pay for the first test (whether passed or not) and the next passed test. The City will not pay for second and subsequent unpassed tests. If training for certification testing requires travel and lodging, these expenses will be covered by the City. In some cases the employee may have to pay for travel and testing expenses out of pocket and then request reimbursement afterwards. Make sure to keep all receipts related to the event. Please check with your supervisor for more details. Attendance of City Meetings by City Employees Code Enforcement employees are asked not to attend the following public meetings, unless requested to do so, or the issue being discussed pertains to the employee’s personal property. These meetings would include: City Council Architectural Review Board (ARB) Roanoke Neighborhood Association (RNA) Board of Zoning Appeals (BZA) This policy is to prevent the possibility of an employee being asked to comment or answer questions without adequate preparation. If an employee of the department is asked to attend such a meeting the presumption would be that he or she is an authority on the issue at hand. Generally, responses to City Council, the Architectural Review Board, Roanoke Neighborhood Association and Board of Zoning Appeals are provided by the Codes Compliance Coordinator, Dan Webb. Disaster Assessments From time to time the City will experience severe weather conditions that could cause flooding or other disasterous conditions. If an event such as this occurs, normal Code Enforcement activities may be suspended so inspectors can assist real estate personnel in going door to door in affected areas, to do property damage assessments. The information gathered will then be submitted to the Federal Emergency Management Association (FEMA) for disaster relief funding. 49 For more information on this procedure and a history of past disaster assessments please contact Susan Lower in Real Estate Assessment at extension 1812. 50 5. General Required Competencies and Job Descriptions Codes Compliance Inspectors Codes Compliance I Inspectors are required to obtain their ICC (International Code Council) Property Maintenance Certification within one year of employment. A 5% pay raise is automatically granted to those inspectors who also obtain a Zoning certification from either ICC or VAZO (Virginia Association of Zoning Officials). Upon passing both certification tests the inspector is classified as a Codes Compliance Inspector II. A zoning certification is not required but it is highly recommended. The Virginia DHCD (Department of Housing and Community Development) Code Academy “Core” module and the Property Maintenance module must be taken prior to any classes for Zoning or other certifications. Classes and tests associated with the Property Maintenance and Zoning certifications are generally paid for by the City, under the guidelines of the “Training, Testing and Travel” section in Chapter 4. Training and testing for other certifications may also be paid for by the City, particularly for the ICC Residential Building, Plumbing, Mechanical and Electrical certifications. The Codes Compliance Coordinator will determine which other training may be considered “job-related”. “Continuing Education” to maintain certifications is a State of Virginia (DHCD) requirement and “extra initiative” to obtain certifications beyond those that are required is highly valued as long as it still pertains to code enforcement work. The only guaranteed pay raise for ALL inspectors is for achieving the Codes Compliance II designation, described above. Senior Inspectors who obtain the ICC Residential Building, Plumbing, Mechanical and Electrical certifications are granted an additional 5% raise. The basic duties of Codes Compliance Inspectors are as follows: Investigate complaints and canvass for code violations involving building maintenance, zoning violations, inoperable motor vehicles, weeds & trash, graffiti and City “nuisance” codes. Enforce the International Property Maintenance Code and the Rental Certificate of Compliance program for existing structures. Also enforce Zoning regulations, the Inoperable Motor Vehicle Ordinance, Weed & Trash and Graffiti ordinances, and other “nuisance” codes. 51 Work to resolve cited violations as quickly as possible, using the best possible means. Make reports and keep accurate records in Permits Plus database. Document all inspections. Summons violators to court when necessary and coordinate with the Commonwealth Attorney when testifying in court. Work closely with neighborhood groups and attend neighborhood meetings within assigned zone. Work with other City departments and agencies as needed. Upon employment an inspector may be asked to sign a “Conflict of Interest Statement” to document their understanding that they will not engage in activities that would conflict with their job duties. Senior Codes Compliance Inspectors Two inspectors out of the group will be appointed by the Codes Compliance Coordinator to be “Senior Codes Compliance Inspectors”. This is considered to be a temporary appointment. These individuals must have received the Codes Compliance II designation by obtaining both Property Maintenance and Zoning certifications. The appointment to Senior Inspector does not automatically earn these two inspectors a pay raise, but upon obtaining the ICC Residential Building, Plumbing, Mechanical and Electrical certifications an acting Senior Inspector will receive another 5% pay raise. The Senior Codes Compliance Inspector positions may be reassigned as needed. The following list will summarize the general criteria and duties for these positions: No assigned zone Supervise 5 to 6 inspectors (on “East Team” or “West Team”) Train new inspectors on team Provide ongoing technical and procedural support to team inspectors Cover field responsibilities of team zone(s) when inspector(s) are absent or a position is vacant Cover court proceedings in an inspector’s absence Help answer questions and resolve complaints from “customers” Occasionally view inspector zones in order to obtain a general sense of issues that exist and to gauge the inspectors’ work in view of departmental goals Periodically review a sample of activities in Permits Plus database to ensure that procedures were followed and documentation is adequate Periodically monitor open cases to make sure violations are being adequately addressed and court cases are being filed in a timely manner Help inspectors to move cases toward resolution if needed 52 Provide a list of court cases with property addresses to Neighborhood Services Coordinator one day prior to court Assist Codes Compliance Coordinator in the following: o o Strategic Business Plan implementation o National accreditation under ICC and ISO (long range goal) Attend the following meetings: o Code Enforcement staff meetings (weekly) o Code Enforcement Management Team meetings (weekly) o Code Team meetings (if needed) (semi-monthly) o Region II meetings (optional) (every odd month) o Neighborhood meetings (occasionally or if needed) o Audit implementation Planning, Building and Development staff meeting (monthly) Training o Make sure inspectors obtain required certifications in a timely manner o Monitors ongoing training and continuing education of inspectors Quality Control and Implementation of “Efficiencies” o Help develop and streamline Permits Plus processes o Provide Permits Plus update training to inspectors o Monitor follow-up and documentation 1. All inspections should be put into Inspection Module 2. Additonal notes should be put into Document Pad 3. Work orders should go to contractors in timely manner a. Tow orders b. Weed/trash abatement c. Board-ups Obtain volunteers for graffiti abatement Codes Compliance Coordinator The Codes Compliance Coordinator is the head of the Code Enforcement Department, and answers directly to the manager of Planning, Building and Development. Duties of the Coordinator are summarized below: Coordinate division of 14 inspectors Supervise 2 senior inspectors Supervise part-time fire inspector, who is a member of the Code Team (also known as “ICE Team” – Interagency Code Team) Handle personnel issues Approve NLAs Provide performance appraisals 53 Assure Quality Control Coordinate Demolition Process Coordinate Board-up Process Handle appeals o Building maintenance o Inoperable motor vehicles o o o o RFPs Renewal Permits Plus Maintenance Procedure Manual Reports o o Activity Report (semi-monthly) Annual Report Other Reports Approvals o o o Bid demolitions Strategic Business Plan Implementation o Weed and trash abatement Work with contractors Code Academy Payroll Billing system o Fifth Third Bank o Advantage Financial System Meetings o Departmental Staff meeting (monthly) o Staff Meetings (weekly) o Code Enforcement Management Team (weekly) o Departmental Management Team (semi-monthly) o Code Team (semi-monthly) o Community Development Team (semi-monthly) o o o Mountain View Initiative (when scheduled) Council Update (every Monday) Region II (every odd month) Obtaining Virginia DHCD Course Schedules and Registering for Training To obtain course schedules online and/or register for training take the following steps: 1) http://www.dhcd.virginia.gov click Building and Fire Codes Training which will direct you to this: 54 2) http://www.dhcd.virginia.gov/BuildingandFireCodesTraining/default.htm click on “Training and Certification Online System” at the bottom of the page. It will direct you to the following: 3)https://dmz1.dhcd.virginia.gov/TASO/TASOMain/Logon.aspx?ReturnUrl=%2fTASO%2f TASOMain%2fDefault.aspx Log in with your e-mail and a password (created earlier) or if necessary, create a password and follow instructions. You will be directed to this: 4) https://dmz1.dhcd.virginia.gov/TASO/TASOMain/Default.aspx Click on TCO Online Registration. The next screen will be labeled “TCO Online Registration” 5) https://dmz1.dhcd.virginia.gov/TASO/TASOTCO/Default.aspx From here you can either click on tabs to the left for: 1) Course Information and Descriptions: https://dmz1.dhcd.virginia.gov/TASO/TASOTCO/CourseInformation.aspx 2) Course Sign-up: https://dmz1.dhcd.virginia.gov/TASO/TASOTCO/CourseReg.aspx 3) several other options, Frequently Asked Questions, Update Profile, etc. For more information or help with the above contact: Irene Brown – 804-371-7180 e-mail to: [email protected] or fax 804.371.7092. Pay for Performance In the past the City’s policy has been to grant a 5% pay raise to any employee whose performance is at an acceptable level, as determined by his/her supervisor. At this time (as of February 2012) all pay for performance raises have been suspended due to severe economic conditions. Nevertheless, Code Enforcement inspectors who have passed both the ICC Zoning and ICC Property Maintenance exams will still receive a 5% raise and Senior Inspectors who have passed four ICC Residential Building, Plumbing, Mechanical and Electrical Exams will receive an additional 5% raise. Continuing Education Requirements Upon receiving his/her Property Maintenance cerfification, each inspector is required to obtain 16 hours of continuing education (CE) credit within the following two years (or 8 hours within the first year depending upon last name – see explanation and examples 55 below) and to submit proof of the coursework to the Virginia Department of Housing and Community Development (DHCD). Failure to do this may result in a loss of certification. Using a combination of in-house training at staff meetings, attendance of Virginia Department of Housing and Community Development (VHCD) meetings, free on-line courses and work-related seminars offered to City employees, it is easy to obtain 16 hours within two years, especially since CE credits are granted on an hour for hour basis (one hour of training equals one hour of CE credit). The training received must relate in some way to Code Enforcement. Applicable subject matter includes any information on building construction, zoning code, historic districts, architecture, city planning, customer service, charity and financial assistance programs for rehabilitation of housing, computer training directly applicable to the job, etc. Upon completion of any job-related training make sure to at least save the course certificates, as they will be needed when proof of CE credits obtained is submitted to DHCD. The certificate must show the CE credit hours. Your supervisor can assist you in the particulars of this submission. For further information visit their website at www.dhcd.virginia.gov/, or call 804-3717185, 804-371-7180 (Irene Brown) or 804-371-7000. How To Submit Continuing Education Credits To DHCD For those whose last names begin with A through M submission of CE Credits to DHCD must be done by May 31st of the next even year, after obtaining their first certification. Those with last names beginning in N through Z must submit CE credits by May 31st of the next odd year after obtaining their first certification. The first submission may only require 8 hours and subseqent submissions of 16 hours will always be on an even or odd year, depending upon last name. Example: First ICC certification was obtained on June 30, 2010. Last name ends in V. Submission of 8 CE Units is required by May 31, 2011. The next submission in May, 2013 will require 16 hours. Example: First ICC certification was obtained on January 10, 2011. Last name ends in B. Submission of 8 hours is required by May 31 of 2012. The next submission in 2014 will require 16 hours. Example: First ICC certification was obtained on November 15, 2011. Last name ends in Z. First submission of 16 hours is required by May of 2013. 56 In order to submit CE hours follow these steps: 1. Paste the following internet address in the Internet Explorer address line, print and fill out the “DHCD Continuing Education Application for Certified Code Officials and Technical Assistants” form (It will appear in PDF format): http://www.dhcd.virginia.gov/statebuildingcodesandregulations/pdfs/ce_application_form.pdf 2. Gather all of your certificates from CE courses taken during the previous 2 years (or 1 year, depending upon date of first certification and last name) 3. Make sure each certificate or attendance voucher has the number of continuing education credits printed on it. If the number of hours is missing, DHCD will NOT accept it. There must be certificates to prove at least 16 hours of CE credit (or 8 if “cycling” into an even or odd year). 4. Once you have all documents together put the DHCD form first, and fax all documents to 804-371-7092. They may also be mailed to the address at the top of the DHCD form, but it will take longer for approval. 5. If you have more than 16 hours of credit use the most “official looking” documents available. Extra hours cannot be carried over to the next CE time period. 6. If submitted correctly you will soon receive one confirmation by e-mail that your CE credits have been approved. Specific Continuing Education Options A direct web link to continuing education options is available at http://www.dhcd.virginia.gov/results.aspx Choose option 5) Continuing Education Resource Guide for a downloadable PDF file. A helpful support specialist at DHCD is Irene Brown at 804-371-7180. he Virginia Department of Housing and Community Development can also be contacted by Fax at 804-371-7090, or mail: The Jackson Center 501 North Second St. Richmond, Virginia 23219-1321 Some on-line (mostly free) options for continuing education can be found below. Before undertaking any of these contact DHCD to make sure the course you have chosen is approved by DHCD: http://alison.com The world’s leading free online resource for basic and essential workplace skills. Provides high quality interactive multimedia courseware for certification. http://www.training.fema.gov/IS/crslist.asp 57 Offers a variety of courses to people who have emergency management responsibilities, such as: Hazardous Materials, Citizen Preparedness, Engineering Principles, Practice and Construction, Decision Making and Problem Solving, Environmental and Historical Compliance. DHCD will consider up to 8 CE hours worth of these FEMA courses. http://www.training.fema.gov/EMIWeb/IS/is546.asp Another link to FEMA courses. http://www.gcflearnfree.org/classes Math basics and computer classes such as Access, PowerPoint, Excel, Word and Publisher. These general job skill classes should be acceptable to DHCD. http://www.dpor.virginia.gov/dporweb/tra_approved_continuing_edu.pdf A list of education providers approved by the Board of Contractors for tradesmen. http://www.vccs.edu/ Links to all community colleges in Virginia. Most offer low-cost, online courses which can be taken from a computer. http://www.sba.gov/sbtn/registration/index.cfm?Courseld=61 Free Introduction to Accounting course. Takes 30 minutes to complete. 30 minutes of CE credits. Receive a certificate at course completion. Another sure and easy way to obtain CE credits is to attend the Virginia Building and Code Officials Association (VBCOA), Region II meetings. Each meeting features a guest speaker who will discuss an issue related to the building trades. The meetings usually last 2-3 hours. For more information on the VBCOA Region II meeting dates and locations contact: Chairman: Jerry Heinline Building Official Town of Christiansburg Christiansburg, VA 24073 540-382-6120 [email protected] Secretary/Treasurer, Bill Yeager Building Official Montgomery County 755 Roanoke Street Christiansburg, VA 24073 540-382-5750 [email protected] Sergeant of Arms, Edith Hampton 58 Building Official Pulaski County 540-980-7713 [email protected] International Code Council (ICC) Certifications and Renewals It is not necessary to keep ICC certifications current if you plan only to work in the State of Virginia. In that case only DHCD certifications must be kept up to date by submitting continuing education credits. For those who anticipate working out of state in the same field current ICC certifications may be needed. Fortunately the ICC is very forgiving and will allow an inspector to go up to six years after obtaining the first certification to get “caught up”. The longer one waits, though, the higher the cost of renewal. Mary Duda at 1-888-422-7233, ext. 3219 will be able to answer any specific questions regarding ICC certification. To review the re-certification process online take the following steps: 1) go to iccsafe.org 2) click the “Education and Certification” drop box at the top 3) choose “Certification and Testing” 4) at the bottom of the page click on “Certification Renewal Application” (a PDF file) 5) save the PDF document and submit according to instructions It is recommended that you contact Ms. Duda first as she may be able to help reduce the cost of re-certification. 59 6. Educating the Community Media Relations It is the City’s policy to make staff available to answer media-related questions, and inspectors may be asked to speak with reporters. The following tips from the Office of Communications should be followed: The most knowledgeable and informed city employee on a particular issue is the best City spokesperson. Any employee who speaks to the media is responsible for what is said. While any City employee may answer a question from a reporter, media questions beyond straightforward factual information should be reviewed with the division or department head or the Office of Communications prior to an employee responding. City employees must inform their division or department head and the Office of Communications whenever there is a call from a reporter. City employees should understand that their comments on public issues can be interpreted as City government’s point of view. We are the “City”. No employee shall be required to talk with the media. Employees who are uncomfortable talking with the media should refer the call to their division or department head or the Office of Communications. Always return reporters’ calls promptly. If you are unable to do so, contact your division or department head or the Office of Communications. Do your homework. Be prepared for the interview with accurate information. Establish no more than three main points you want to communicate and stick to them! Be in control. Don’t rush. Take time to think if you need to. Remember, you are the expert! Keep it simple! Avoid technical jargon. Use analogies. Would the average high school student understand what you are saying? Be positive! Approach an interview as an opportunity to educate the public. Always be honest. Never speculate or give opinions. Beware of hypothetical questions. Stick to the facts! Never say “no comment.” If you are unable to answer a question, say so, and explain why. Never speak “off the record.” Don’t say anything you wouldn’t want to see in print or on the air. Don’t be afraid to say, “I don’t know.” Ask for the reporter’s phone number and deadline and offer to find the answer. 60 The Office of Communications can be reached at 853-2333. Neighborhood Groups Inspectors are expected to regularly attend neighborhood group meetings in their zones in order to answer questions, resolve complaints and do presentations pertaining to Code Enforcement activities and capabilities. If a neighborhood group has an area overlapping two or more inspection zones then the inspectors for those zones may rotate in their attendance of the meetings. One or more inspectors should always be present in order to build a good relationship with the group. Complaints coming from neighborhood groups should be treated as high priority in accordance with “Prioritizing Your Work Load” in Chapter 3. A color-coded expandable map of the City showing the boundaries of all of the neighborhood groups is available at: http://www.roanokeva.gov/85256A8D0062AF37/vwContentByKey/7333514F6F36D72F 852577D500734CE6/$File/Neighborhood_Organizations%20Dec%202009.pdf This can also be accessed from the City’s website by the following steps: 1) go to http://www.roanokeva.gov/WebMgmt/ywbase61b.nsf/DocName/$home 2) from the “Departments” tab at top scroll down to “Planning, Building and Development” 3) From there scroll to “Planning & Neighborhood Services” and click 4) In the red area on the left choose “Office of Neighborhood Services” 5) In the same area click on “Links to Neighborhoods” 6) Under “Neighborhood Organization Listings click map of Roanoke’s neighborhoods Immediately below the link in #6 above is another link entitled: Neighborhood organizations and neighborhood watch groups This contains a list of all of the City’s neighborhood groups, meeting locations, times and contact information. The most current information on neighborhood groups is available on the “L Drive”: L:\HOUSING\Neighborhood Services\RNS LISTS & CORRESPONDENCE\Neighborhood Org & Watch List web.doc 61 Other Events Bob Clement, Neighborhood Services Coordinator is well informed on all events pertaining to the city’s neighborhoods and groups. He can be contacted at 853-1286. 62 7. In “The Field” When a Vehicle Breaks Down If your city assigned vehicle breaks down while you are in the field or traveling call Fleet Management at 853-2801. If you are in the City they will dispatch a mechanic to repair the problem or send a tow truck as soon as possible. If you are out of town Fleet Management will contact the municipal government of the nearest locality and make arrangements for the repair. If your car breaks down after normal working hours call roadside assistance at 611. The City has an arrangement with other municipalities to cover such emergencies. From that point, have the car towed and follow other procedures of the local jurisdiction. The City’s Fleet Management Department will ultimately be responsible for any costs associated with the breakdown. Pepper Spray Policy If an inspector has pepper spray its use should be limited to avoiding attack by a vicious animal charging in an aggressive manner. Pepper spray should not be used as a form of punishment. The aerosol spray generally has an effective range of one to ten feet. Except in severe situations, such as if an inspector is being physically attacked, the discharge of pepper spray outside of the above guideline may be cause for disciplinary action. Do not discharge pepper spray in the vicinity of infants, elderly persons, or persons with known or obvious infirmities, such as asthma. Pepper spray should not be exposed to heat for long periods of time as that may render it ineffective. Always exercise caution when keeping pepper spray in a vehicle during hot weather. Police Assistance An inspector should stay out of harm’s way and if a tense situation escalates it is best to walk away and come back at a later time with the property owner or police if necessary. City inspectors are expected to remain calm and professional and should resist the temptation to enter into a verbal or physical altercation. In such a case one might calmly tell the tenant or property owner that if they will not allow an investigation at that 63 time then you will be back later with the police. You may call the specific police officer assigned to your area or 911 for assistance. Inspectors should build a relationship with the “Community Resource Officer(s)” for their zone. They are listed below. These officers are available to help in difficult situations and are well-informed on various activities in the neighborhoods. Zone 1 (SE) John T. Rogers 765-7101 Zone 2 (NE) Kenny Johnson 520-5192 Zone 4 (NW) Timothy Nichols 904-9468 Zone 3 (SW) Kenneth Sauls 525-8314 (personal phone) (personal phone) (personal phone) (personal phone) Trespassing Inspectors are occasionally accused of trespassing by angry citizens who feel that their private property rights have been violated. In order to maintain a better image with the public, inspectors should be aware of what is and what isn’t considered by law to be trespassing. If an inspector is able to see from the public right of way or from an adjacent property that a code violation exists, or there is a reasonable expectation of a violation, it is his or her right, acting in an “official capacity” to enter the yard to investigate further (unless the property is posted). The “official capacity” does not extend to satisfying any personal curiosity about matters that do not pertain to code enforcement. The reasonable expectation of a code violation gained from outside observation is legally termed “probable cause”. When entering private property the inspector should be wearing a City-issued shirt or jacket, carrying a name tag or badge, and should identify himself or herself verbally to anyone present. If a complaint has been received and the violation cannot be seen from the street or from an adjacent property, caution should be exercised in investigation. In such cases it is advisable to knock on the door and attempt to talk with someone. If asked to leave the property at any time please do so and continue the investigation from the public right of way. In no case should an inspector enter a dwelling or other building that has been locked and secured, but if the structure appears to be vacant and is “open and accessible” then there is no implied right to privacy and the inspector may enter the property to 64 investigate. Before entering yell “Hello, code enforcement . . . ” and only go in as far as necessary to enforce the code. When initially investigating an inoperable vehicle complaint, if a car has a cover on it the inspector should not lift the cover as that constitutes an illegal search. Nevertheless, it is legal once a vehicle has been cited to lift a car cover to see if the vehicle has been brought into compliance with the code. Inspectors should not climb over locked fences in order to cite vehicles or search for code violations. If an inoperable vehicle is inside a fenced area (such as chained link fencing) but it can be seen from adjacent properties or the public right of way the citation sticker may be placed on the fence, or in some location close to the vehicle, so that the vehicle can be photographed along with the sticker and an obvious posting of the violation has been made. It is permissible to enter common areas in apartment buildings and other buildings open to the public. It is not “trespassing” to simply walk up to a door and knock, given that a locked fence isn’t surrounding the property. Photographs may always be taken from the public right of way, or from an adjacent property, if permission is obtained from the owner. Any entry of property or buildings other than those outlined above (or if a building is open and accessible) requires a search warrant. Search warrants will be discussed in the next section. The following chart provides an overview of our “right of entry” onto private property. Expectations of Conditions on Site Right of Entry (Yes/No) Privacy/Boundaries Non-posted & occupied Yes, limited From street or front door Posted & occupied No High expectations, right of way Vacant & secured/Non-posted Yes, exterior None for site, interior high Vacant & secured/posted No High expectation, site and bldg. Vacant & open to public Yes Low expectation, site and bldg. Condemned Structures -- Lawful Entry & Illegal Occupancy Once a structure or unit is posted with a condemnation placard it is illegal for anyone to “live” in it, though in most cases they will be allowed to remove their belongings from it 65 during daylight hours. Generally if someone is sleeping overnight in the unit it can be assumed they are living in it. The placard will indicate that it is either “Unfit” or “Unsafe” for occupancy. “Unfit” means that one or more of the required utilities is unavailable. A living unit must have electricity, hot and cold water and heat to be considered “fit” for occupancy. The utility requirements for a commercial or auxiliary structure may be less stringent. When a unit is deemed “Unfit” restoration of the missing utility or utilities is enough to have the condemnation lifted. If a structure is deemed “Unsafe” for occupancy it means that there are flaws in the structure itself, such as fire damage, severe leakage, or structural problems that make it “Unsafe” to live in or use regardless of whether utilities are available or not. Occasionally tenants or vagrants will attempt to live in or use a structure that has been condemned. In order to prevent this situation, the inspector should contact the neighborhood “resource officer” who, with the owner’s permission, can arrest and remove any trespassers. Code enforcement inspectors are not equipped legally or otherwise to make police-type arrests but inspectors may ask trespassers to leave the premises, and even photograph them, threatening to turn the photos over to the police. In order for someone to be charged with “trespassing” the owner of the building (per the state code below) will need to be in agreement with the City’s condemnation and willing to back up the police in court. There is a “loophole” in Virginia Law making it difficult for an officer to charge an owner/occupant with trespassing on his/her own property, unless the owner has already been told by a zoning court judge to stay out of the unit. Usually when tenants are involved, in the interest of safety a property owner will have no objection if tenants or unauthorized occupants are removed by the police. The police department uses the following State codes to enforce trespassing charges: Section 18.2-119 Trespass after having been forbidden to do so, penalties. If any person without authority goes upon or remains upon the lands, buildings or premises of another, or any portion of area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, or custodian or other person lawfully in charge thereof, or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon or remains upon such land, buildling or premises after having been prohibited from doing so by a court of competent jurisdiction . . . he shall be guilty of a Class 1 misdemeanor. . . . 66 Sec. 21-31 Any person who shall enter any vacant dwelling, barn, stable or other building, without the consent of the owner thereof, shall be guilty of a Class 4 misdemeanor. Search Warrants Code Enforcement may be called upon occasionally by the police, fire department, or possibly Social Services to do an inspection of a building that they think is unsafe. In the event that officials from another department obtained a search warrant to enter the building, their warrant does not automatically extend to code enforcement personnel. Thus, it would technically be illegal for the code enforcement inspector to “tag along” for an inspection. The only time a “tag along” inspection would be legal is if the owner of the building doesn’t object to it. If there is “probable cause” to believe that a life or health threatening condition or a major code violation exists in a structure and the owner, tenant or custodian refuses to allow you entry into the building then an “inspection warrant” is required to enter. See “Obtaining An Inspection Warrant” in Chapter 12 for instructions on how to obtain a warrant. Adequate proof of your reason for needing a warrant will be requested by the magistrate before it will be issued. Following are some possible situations in which a search warrant may be granted: Code inspector obtains reliable information that people are living in an attic or basement and the situation is unsafe (and a code violation) because of inadequate egress, lack of windows, lack of bathroom or kitchen facilities or the potential for entrapment should a fire occur. The owner will not permit inspector to investigate further. Major structural deficiencies are apparent from the exterior of a house providing reasonable evidence of possible leakage, collapse, or other major health and/or safety issues. The owner will not permit entry. 67 8. Building Maintenance Orders Legal Basis for All Building Maintenance Orders All of Code Enforcement’s building maintenance orders are based upon the City’s adoption of the International Property Maintenance Code (IPMC) into the Roanoke City Code, which reads: Sec. 7-5: Adopted; where copies filed. The provisions, requirements and regulations contained in Part I Virginia Construction Code, Part II Virginia Rehabilitation Code and Part III Virginia Maintenance Code of the Virginia Uniform Statewide Building Code (2009 edition), and each of the component parts, including, but not limited to, the International Building Code (2009 edition), the International Property Maintenance Code (2009 edition), the International Plumbing Code (2009 edition), the International Mechanical Code (2009 edition), the National Electrical Code (2008 edition), the International Fuel Gas Code (2009 edition), the International Energy Conservation Code (2009 edition), the International Residential Code for One and Two-Family Dwellings (2009 edition), and the International Existing Building Code (2009 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (2009 edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. . . . (from Roanoke City Code) The City is permitted to do this by the State of Virginia within the 2009 Virginia Maintenance Code, which states: 104.1 Scope of Enforcement. This section establishes the requirements for enforcement of this code in accordance with Section 36-105 of the Code of Virginia. The local governing body may also inspect and enforce the provisions of the USBC for existing buildings and structures, whether occupied or not. Such inspection and enforcement shall be carried out by an agency or department designated by the local governing body. The 2009 Virginia Maintenance Code is actually Part III of the comprehensive 2009 Virginia Statewide Building Code, which consists of: Part I – Pertains to new construction (a.k.a. the Virginia Construction Code) Part II – Pertains to rehabilitation of existing buildings (a.k.a. the Virginia Rehabilitation Code) Part III – The Virginia Maintenance Code In the preface of the Virginia Maintenance Code, in the “Overview” section the code defines itself: Part III of the USBC contains the regulations for the maintenenace of existing structures which is enforced at the option of local governments. It is known as the Virginia Maintenance Code. (from the preface of the Virginia Maintenance Code) The Virginia Maintenance Code in turn adopts (with amendments) chapters 2 through 8 of the International Property Maintenance Code (IPMC). This code is routinely used by inspectors for all types of repair orders, and board-up and raze orders on existing structures such as houses, apartments, garages, sheds, other outbuildings, decks, 68 fences and walls. The adoption of the IPMC “by reference” can be found in Chapter 1 (Administration), Section 101.2 of the 2009 Virginia Maintenance Code (Part III of the USBC), which states: 101.2 Incorporation by reference. Chapters 2 - 8 of the 2009 International Property Maintenance Code, published by the International Code Council, Inc., are adopted and incorporated by reference to be an enforceable part of the Virginia Maintenance Code. The term “IPMC” means the 2009 International Property Maintenance Code, published by the International Code Council, Inc. Any codes and standards referenced in the IPMC are also considered to be part of the incorporation by reference, except that such codes and standards are used only to the prescribed extent of such reference. (from the Virginia Maintenance Code, Administrative section) Notice that the City only uses Chapters 2 through 8 of the International Property Maintenance Code. Chapter 1 of the 2009 IPMC is not used and is replaced by Chapter 1 (Administration) of the 2009 Virginia Maintenance Code. Specific information on the different types of property maintenance orders, required documentation, compliance timeframes and procedures is presented in the following sections. Compliance Guidelines for Building Maintenance Orders The following guidelines should be used by field inspectors when citing properties under the International Property Maintenance Code (as opposed to zoning, inoperable vehicle and graffiti citations for which the timeframes are precisely set). This list is not all-inclusive. With proper documentation inspectors may grant extra time for compliance, or less time in situations where multiple code violations or hazards are present. The length of time given to comply ranges from 48 hours to three months. Oftentimes it is helpful simply to ask the owner or manager how long it will take to do the repair, as their time estimate may be reasonable and within our guidelines. The condemnation placard should not be posted until the grace period for compliance (as in the case of missing utilities) has expired. If the building has severe deficiencies, such as fire damage, rendering it unsafe for occupancy, it is immediately condemnable. Upon being posted with the condemnation placard, any occupants are technically required to vacate the building, assuming that the owner of the property is in agreement with Code Enforcement’s condemnation and that the occupants are “trespassing” (see page 62 for details). The condemnation posting should not be “conditional”, and when posted it should clearly indicate that the premises are unfit or unsafe for occupancy. Thus, there will be 69 no confusion if and when police officers arrive, ready to remove anyone who is trespassing. The condemnation letter should be posted as soon as possible and should clearly show the compliance date(s). In the case of “Unsafe” or “Unfit” conditions (below) placard the building only after the grace period stated on the citation letter has expired. If a construction permit is obtained by the owner or manager of a property in violation with the VMC, this does not constitute an extension of Code Enforcement’s compliance deadline, according to Section 104.5.4 of the Virginia Maintenance Code: 104.5.4 Notices, reports and orders. Upon findings by the code official that violations of this code exist, the code official shall issue a correction notice or notice of violation to the owner or the person responsible for the maintenance of the structure. Work done to correct violations of this code subject to the permit, inspection and approval provisions of the Virginia Construction code, shall not be construed as authorization to extend the time limits established for compliance with this code. [our emphasis] Completely Unsafe (imminent danger to anyone entering the structure) Immediate condemnation major fire major leakage dangerous electrical situation collapse extreme weakness of structure Unsafe (hazardous situations that could be remedied quickly) 48 hours (holidays and weekends excluded) and then condemn if not corrected no primary heat source in cold weather (from 10/15 – 5/1 of the year) unsafe space heaters (electrical or kerosene) mechanical equipment failure (cracked heat exchanger on furnace, water pump for radiator system not working) sewer pipe leaking, or other dangerous leakage (raw sewage on the basement floor, large amount of black mold, etc.) no electricity extreme filth or hoarding (creating fire hazard) flammable materials being stored people living in rooms not suitable for habitation (attics, basements etc.) no heat and no water, no water and electricity. Open and Accessible (securing of windows, doors and other openings, including board-up if required) 10 days or less in dangerous situations (at inspector’s discretion). 70 TWO compliance dates may be listed in the following orders: Board-Up/Repair, Building Condemnation/Repair, Raze, Repair/Raze, Dwelling Unit Condemnation/Repair 1) date to have property secured 2) compliance date for other violations Unfit conditions (liveable, but still threatening to health or safety) 2 weeks to 1 month and then condemn and/or summons if no progress made no primary heat (but weather is still warm) no water no hot water, or insufficient hot water rodents, insects, vermin very bad housekeeping or accumulation lack of sufficient receptacles (leading to excessive use of extension cords) electrical violations leakage, stopped up drains double keyed deadbolt locks many stuck windows no smoke detectors mold due to leakage egress issues (exits blocked by accumulation, sub-standard stairway, etc.) Repair (deferred maintenance issues that could lead to bigger problems) 1 month to 3 months and then file court summons if not corrected cracked windows doors not functioning correctly minor electrical problems minor leakage (cracked cover plates, loose light fixtures, wires should be in electrical box) tripping hazards peeling paint spongy floors minor structural issues some stuck windows not enough smoke detectors 71 Documentation Required for Building Maintenance Orders In all types of orders it is essential to provide documentation regarding any inspections, pertinent conversations with the property owner or tenant, and any other auxiliary information that would enable other staff to interpret and answer questions about the case in the absence of the inspector. Another approach to documentation is to always provide enough of it to present a strong case in court if such action becomes necessary to achieve compliance. Electronic documentation of building maintenance orders consists of: Dated photographs, entered into a Microsoft Word template and imported into Permits Plus Notes (also dated) entered into the description pad in Permits Plus Information entered into the inspection module of the Permits Plus activity Other documents scanned and entered into Permits Plus, preferably in a Microsoft Word or PDF format The Permits Plus status (for status definitions go to Section 10Ee) One departmental goal is to go “paperless” as much as possible. However, in the forseeable future it will be necessary to maintain “hard copy” file for court presentation. These files should contain a basic fact sheet with contact information, address and tax map number, notices and other correspondence sent to the property owner, hard copies of photographs and any other documentation needed for the case. (For more information on the Permits Plus program please refer to Section 11E). There is also a detailed manual available focusing solely on the Permits Plus program. The Architectural Review Board (ARB) The mission of the Architectural Review Board is to preserve, protect and enhance the character of significant historic, architectural or cultural properties located in historic districts by ensuring the design compatibility and appropriateness of new construction and alterations to existing buildings. The Board also identifies historic properties and recommends historic designation for such properties. The ARB’s primary duty is to administer the historic appropriateness regulations adopted by City Council, particularly as pertains to the city’s H-1 and H-2 historic districts and the Neighborhood Design Districts (NDD). In doing so the Board reviews 72 new construction, alterations and demolition of structures located within historic districts in accordance with zoning regulations and adopted architectural design guidelines. The Board also provides architectural and design expertise to City Council, City Administration, and other City boards. The ARB recommends historic landmark status and historic district protection for properties of historic, architectural or cultural value in the city, while assisting applicants in maintaining and enhancing the contributing architectural features of historic houses through informal workshops and individual work sessions. The ARB is a group of seven volunteer citizens who are appointed by City Council. They are people who, by virtue of their profession or experience, are involved and or interested in architecture, construction, urban planning, historic preservation and design issues. They are often neighborhood leaders, architects, planners or own property in historic districts. For detailed information on how to address ARB rulings H1 and H2 districts heading on page 133. Violations of the ARB are always pursued under zoning code though a building permit may also be required. If a building permit has been obtained it does not negate the need for an ARB ruling. Neighborhood Design Districts (NDD) NDD zoning was developed in response to citizen concerns about incompatible design of new construction in traditional neighborhoods. The intent is to provide minimum design standards for new dwellings and additions or modifications to existing structures. The following neighborhoods are designated as Rehabilitation and Conservation Districts (within the purview of NDD): Belmont Hurt Park Roundhill Gainsboro Loudon-Melrose Washington Park Fallon Gilmer Harrison Kenwood Morningside Mountain View Villa Heights West End Williamson Road An administrative review process is all that is required prior to NDD construction. This would be done by “administrative approval” under a City planner. Once approval for the project has been granted a “Certificate of Appropriateness” (COA) is issued and work may proceed. Please call 853-1522 for more information. An Architectural Review Board hearing is not required as NDD areas are not considered “historic” districts. 73 The design elements addressed in NDD districts include the following: Building location and size Porches Entrances and windows Parking Roof form and roof pitch Siding and trim Additions Inspectors should advise property owners undertaking construction projects in NDD areas to have them approved by Ms. Papa, as well as obtaining a building permit, if required. Various Types of Building Maintenance Orders and Procedures Notice of Violation The “Notice of Violation” citation, also called a “repair order” is routinely used when violations of the Virginia Maintenance Code (VMC) exist within a unit, but they are not severe enough to warrant a “Notice of Unsafe Structure” citation. This order is used when there is no imminent threat to health or safety, but a deferred maintenance situation exists which should be remedied within a reasonable amount of time. This order covers a wide range of situations such as minor leaks in plumbing, inoperable or cracked windows, holes or cracks in walls or ceilings, peeling paint, missing outlet cover plates, missing smoke detectors, damaged or inoperable doors and windows, etc. In accordance with the “Compliance Guidelines” section, page 65, the length of time given to comply ranges from 48 hours to three months. Oftentimes it is helpful simply to ask the owner or manager how long it will take to do the repair, as their time estimate may be reasonable and within our guidelines. A Notice of Violation consists of a letter to the property owner with a “Building Maintenance Code Violation Inspection Report” attached. Appropriate boxes on the inspection report are checked to reference the VMC code section(s) pertaining to the items that must be repaired. It is also a good idea to include a paragraph in the citation letter clearly describing what must be done, as space on the inspection report is limited. This paragraph should be put immediately after the compliance date, on the first page of the notice. Please keep track of the compliance date on the citation and recheck the property at that time. If the work has not been done, or is partially complete it is up to the inspector to 74 decide whether to grant an extension or file a court summons. If an extension is granted, the extension date should be entered in the “Compliance Tracking” screen in Permits Plus. You should also make note of the re-inspection date either in your Lotus Notes calendar. At weekly staff meetings inspectors receive printouts of open activities. Once a deadline is reached, properties with repair orders will be listed. Any pertinent phone calls, extensions, or inspections on a cited property should be recorded on the description module (description pad) for that particular activity in Permits Plus. Strong documentation makes good evidence should a case have to go to court. Any photographs taken during inspections should also be imported into Permits Plus. Instructions on how to import photos can be found on page 104 of this manual. Notice of Unsafe Structure A Notice of Unsafe Structure is used when conditions in a property have deteriorated to the point that the structure is no longer habitable. There are 7 sub-categories on screen one in Permits Plus associated with this notice: 1. Condemned 2. Repair/Raze 3. Raze 4. Secure 5. Repair 6. Dwelling Unit / Repair (Tenant) 7. Board Up / Repair Each of these sub-categories is examined in the following sections. In each case, if the structure is vacant it must be kept secure. Below is a sample of Permits Plus screen 1 showing a Notice of Unsafe Structure status and a Repair/Raze substatus. The NofUS Substatus box consists of a pull-down menu which shows each of the 7 sub-statuses shown above. 75 NofUS Condemnation Order If the property is not in danger of collapse and could be renovated, but is unsafe for occupancy it should be “condemned”. A condemnation order necessitates that any occupants should vacate the premises. The inspector should determine exactly how much time can be given for occupants to move out, but it should be immediate or very short depending upon the severity of the situation. For instance, not having heat, electricity or water makes a unit condemnable under the VMC, but in such a case the occupants are usually given a reasonable amount of time to restore the missing utilities. If they are able to do so, then the condemnation may not be necessary. So as not to cause confusion for the police as to whether or not someone has the right (at that moment) to occupy a unit, do not post a condemnation placard until it is actually time for the occupants to vacate the premises. The order should be posted first if a 76 grace period is being given for restoration of utilities. Do not post the placard during that time. If the situation is severe and the condemnation is immediate, as soon as possible the condemnation letter should be posted next to the placard. If the building has been rendered unsafe by significant damage and/or major maintenance issues it is at the inspector’s discretion to ask that the occupants immediately vacate the premises. If there is a concern with tenants continuing to occupy the premises in spite of the condemnation, the inspector may also contact police department or the resource officer for the neighborhood to inform them that anyone who is not actually doing repairs to the building should be charged with trespassing and removed. The police would need the property owner’s permission in order to press charges. When condemning an occupied structure be sure to provide the occupant(s) with a copy of the notice. This will be useful to them if they choose to seek housing through Roanoke Redevelopment and Housing Authority’s “Section 8” Program, or other charity programs. See Chapter 13 for a list of charities that may be able to help with housing issues. NofUS Repair/Raze Order The Notice of Unsafe Structure Raze/Repair order is written in situations where the building may collapse if it is not repaired, or the damage is substantial and it is questionable as to whether its repair would be economically or physically feasible. Such properties are also a danger to the public and should be secured against entry as soon as possible. No one is allowed to live in a property on which a Raze/Repair order has been issued. The inspector should grant a reasonable amount of time for the property owner to comply with the order. If the order is not complied with the next step is to file a court summons against the owner, or the owner’s representative. Occasionally the owner will come into compliance to please the court, but when all legal action to force compliance has been exhausted and insufficient progress has been made, it then becomes necessary for the City to follow through with demolition of the structure. Demolition of a structure by the City is a last resort which necessitates using departmental funds. Once the demolition is complete a bill will be sent to the owner but if it is not paid (and it generally isn’t) a lien will go against the property. The lien usually cannot be collected until the property is sold and it is likely that a future sale of the property will not yield enough funds to cover the demolition costs since in most cases only the vacant lot remains. 77 In order to prevent future legal problems and comply with Federal environmental regulations the steps (below) under “Demolition Process” must be taken for all demolitions done by the department. The Codes Compliance Coordinator will be responsible for carrying out those steps once the court process has been completed. NofUS Raze Order A Raze order is issued when there is absolutely no possibility of the structure being redeemed by renovation, such as when fire damage has rendered a building structurally unsound, if it is collapsing due to extensive rot or termite damage, or if the owner’s insurance adjustor has declared the building a total loss and the owner has stated his or her intention to raze the building. If there is any possibility that a structure could be renovated issue a Repair/Raze order instead and follow the case all the way through court if necessary to determine the owner’s intentions. If the owner does not intend to repair or raze the structure Code Enforcement may send a contractor to do the work. Permission from the court is not needed. NofUS Secure Order The “Secure” status is used for buildings that are structurally sound, but require substantial restoration. Such structures are “open and accessible” due to damaged doors and broken windows and thus are an invitation to vandalism. Many fires start in abandoned structures that should have been secured against entry. As with the previous Notice of Unsafe Structure orders, if the owner does not comply with the order a court case should be filed, and if it is determined in court that the owner cannot or will not comply then the City may proceed to board-up the building. The procedure for board-ups is outlined below. NoV Repair Order This status is used in situations where the extent of repairs needed renders the unit uninhabitable. If sufficient repairs are completed then the status can be change to a regular repair order and the condemnation can be lifted. NoV Dwelling Unit / Repair (Tenant) Order This status is used when the maintenance code violations are clearly caused by the tenant, such as in extremely substandard housekeeping, hoarding or electrical or fire 78 hazards (extension cords strung all over, flammables being stored near a hot water heater or furnace, etc.) NofUS Board Up / Repair Order When vagrants have easy access to the interior of a structure due to unsecured doors, broken windows or other openings use this order. It gives a short timeframe for the owner to secure the property. If the owner does not perform the work and it is an emergency situation, Code Enforcement may send a contractor to do the work. In other cases, where there is less danger to the public and to defray costs to the department, a summons should be filed against the owner before proceeding to send the contractor. Check with your supervisor for advice on which path to follow. If the board-up work is minor and involves (for instance) reattaching a piece of plywood that has been removed from a window or securing an opening with available scrap materials, the inspector may use departmental tools and screws to secure the structure without any notice. If the work is more substantial a board up order should be issued. Posting Procedure As soon as the Repair or Notice of Unsafe Structure letter is available be sure to post the property with it, photograph the posting and import the photo into Permits Plus. The posting is necessary because of the possibility that the owner may not receive or may ignore the mailed citation. If a structure is being condemned it MUST be posted with the letter and a condemnation placard as well. If the condemnation is conditional, such as when 48 hours is given to restore utilities, post the letter first and only post the condemnation placard if the grace period has expired and the violation has not been abated. If the owner or manager of a unit has requested a RIP inspection it is not necessary to post the property if a repair order is being issued. Demolition Procedure Once a building has been put under a “Raze” or “Repair/Raze” order, the allotted time for compliance has passed and court action has been pursued, if the owner is still unable or unwilling to raze the structure the Codes Compliance Coordinator inherits the 79 case and arranges to have the building demolished. “Demolition” includes having all of the debris removed, utility pipes capped and the lot graded and seeded. The demolition process is somewhat complicated as there are various Federal laws that must be adhered to, aimed mostly at preventing the spread of any possible contaminants beyond the site. It must also be determined if the building has any historical significance and what type of funding is to be used in its demolition. A thorough title search must be done in order to satisfy State requirements. An overview of the raze process: Section 15.2-906 of the Virginia Assembly Code (VAC), entitled “Authority to require removal, repair, etc., of buildings and other structures” is the State legislation giving the City authority to raze unsafe structures if the owner does not comply with a raze order. The state code is echoed in Section 105.9 of the Virginia Maintenance Code (VMC) used by inspectors for property maintenance orders. The following process is based upon the guidelines of these codes. 1. Title search: A title search will reveal all heirs and lien holders. Notification to all of them must be done in order to place a lien on the parcel. 2. Historic review: for all structures on the parcel if property is in H1 or H2 zone. This is done by HUD Community Resources. It is necessary to do this review if Community Development Block Grant (CDBG) funds (originating from HUD) are to be used for demolition. Historic Review information is filed for HUD monitoring. The Historic Review is also sent to the Department of Historic Resources (DHR). If it is a “contributing structure” CDBG funding will be used for the demolition. If the DHR does not respond within two months, the City may proceed with the demolition. 3. Permits Plus is updated, and information placed in Locks, Holds and Notices (L/H/N). to be used when the demolition permit is obtained. The note will read “City Demolition, OK to issue permit.” 4. Legal Notice: When the Title Search results are returned, a legal notice is printed in the Roanoke Times. This is a 30 day notice to lienholders, and also gives the owner another 30 days to comply with the raze order and/or for personal belongings to be removed from the structure. The legal notification ad runs once a week for two consecutive weeks, followed by a 30 day waiting period. 5. Hazardous Materials: An asbestos and hazardous materials survey is done. If there are hazardous materials they must be independently abated before demolition. 6. Toxicity Characteristic Leaching Procedure (TCLP) test done to test for lead content. If the amount of lead in the structure is determined to be less than 5% (usually the case) no special action is taken. 80 7. Notification to neighborhood association of pending demolition. This information is also put on the City’s website. 8. Architectural Review Board (ARB) Agent Notified. If the structure is in the Historic District the City’s ARB liaison is notified. 9. Contractor Bids: The City asks for bids on the demolition. For this, a “RFB” (Request for Bid) ad is placed in the Roanoke Times. 10. Letter to Owner: The “last letter” is mailed to the owner, informing them of the pending demolition. 11. Contractor chosen: The City decides on a contractor, based upon bids received, and a demolition contract is executed. 12. 10 Day Demolition notice letter is mailed to the Department of Labor. This is usually sent by the demolition contractor. 13. Funding is secured for the demolition, from either City or CDBG (Community Development Block Grant) funds. 14. Contractor gets a demolition permit: “Start Work Notice” given to the contractor. 15. Salvage rights: The contractor has all “salvage rights”. 16. Change of ownership: City Attorney’s office checks once again for possible change of ownership and “brings down the title” to the Codes Compliance Coordinator. If there is a new owner, the entire process must be repeated. 17. Possibility of collapse: If the structure is in eminent danger of collapse and testing is not feasible, the demolition process can be expedited. 18. Lien procedure: Without following all of the above procedures, it may not be possible to place a lien on the property. 19. Utilities and auxiliary structures: Prior to demolition, the contractor must make sure all utilities are disconnected, trees, accessory structures and old fences must be removed. It is necessary to obtain permit(s) for this. 20. Debris removal: Once the demolition is completed, all debris is removed, the lot is back-filled to the surrounding grade and seeded. The contractor must submit a “Manifest for Debris Removal” to the City. 21. Sewer pipe is capped and the Water Authority does an inspection thereof. 22. Bill is sent to the lot owner including demolition cost, and hazardous materials abatement, with 20% added for administrative costs. Usually the bill isn’t paid. A lien is then placed on the parcel. This billing and lien process may take up to six months. Secure / Board-Up Procedure Procedure for Inspectors 1. NofUS: Inspector issues a Notice of Unsafe Structure (Board-up Order) to secure the structure within 10 days, or as little as 24 hours for emergencies. 81 2. If the owner has not secured the structure within the time given to come into compliance the inspector calls J. H. White, board-up contractor, at 343-5416 or 580-7416 to schedule a meeting at the property. The inspector and contractor decide which openings need to be covered with plywood and what color to paint the boards. The inspector records the number of doors, windows, or “non-standard” openings will be addressed. (The contractor’s unit price is based upon the type of opening). 3. Openings: Inspector gives the number and type of openings to be secured to the Administrative Assistant Supervisor who will mail or fax a start work order to the contractor. 4. In an emergency situation the inspector will give a verbal start work order to the contractor and the Administrative Assistant Supervisor will follow up with the written start work order. Procedure for Contractors If the owner has not secured the structure within the time given to come into compliance: 1. Contractor will receive a start work order from a representative of the Department of Planning, Building and Development, Code Enforcement Division, who will meet with the contractor on site to discuss exactly what work must be done. 2. Contractor must be able to begin work on a board-up request within 24 hours of receiving a start work order from the City. There are no exceptions to this timeframe. 3. Using CD exterior grade plywood at least 1/2 inch thick, contractor covers each opening so that the plywood fits snugly and completely within the existing frame. 4. Plywood is fastened with #8 or #10 screws not less than 2-1/2 inches in length, toenailed near or at each corner and spaced not less than 12 inches on center around the periphery of the plywood. 5. The plywood must be painted white or a color that best compliments the color of the structure. The paint color is to be determined in the initial meeting with the contractor. The paint must be of a sufficient thickness to withstand five years of weather before peeling. 6. In the event that protruding storm windows or other impediments to the usual method (stated above) exist, plywood may be placed over top of the window frame and screwed into the frame itself, or the surrounding siding of the house in a secure manner with screws of adequate length spaced no more than 12” apart. 82 7. In the case of irregular openings caused by fire, vandalism or decay, the opening must be solidly framed with 2 x 4s on 16 inch centers and covered with 1/2 inch plywood in accordance with the above specifications. 8. If a situation exists that is not covered by the above specifications, the contractor may recommend an equivalent covering to the City representative who is authorized to approve or disapprove the contractor’s recommendation. 9. When finished with the job, contractor is responsible for removing all scrap wood or other debris generated by the board-up work, and for repairing any property damage resulting from work being done under this agreement. 10. In each invoice submitted by Contractor to the City the number of openings covered must be stated and the per-unit cost. 11. It is at the city’s discretion to grant additional payment for situations that go above and beyond normal board-up procedure, but the contractor must receive written permission, prior to work being done, for any extra work. Demolition and Board-Up Contractors The following contractor(s) are used by the Code Enforcement department for demolitions and board-ups of derelict properties that have received board-up or raze orders, and the owner is unable or unwilling to do the work. J.H. White, Inc. P.O. Box 6258 Roanoke, VA 24017 Phone: 343-5416 Cell: 520-5416 Fax: 343-5416 83 9. Building Permits Stop Work Orders The authority to require that construction work be ceased is granted in Section 114, Part I of the Virginia Statewide Building Code, Part I, also known as the “Virginia Construction Code”, which reads: 114.1 Issuance of Order. When the building official finds that work on any building or structure is being executed contrary to the provisions of this code or any pertinent laws or ordinances, or in a manner endangering the general public, a written stop order may be issued. The order shall indentify the nature of the work to be stopped and be given either to the owner of the property involved, to the owner’s agent or to the person performing the work. Following the issuance of such an order, the affected work shall cease immediately. The order shall state the conditions under which such work may be resumed. Stop-work orders should not be issued for zoning violations, but only for violations in which a building permit would have been required, or one has been obtained but the work exceeds or differs from what is specified by the permit. Exterior work in the H-1 or H-2 (historic) districts requires prior approval by the Architectural Review Board, or administrative approval by the ARB liaison in the Planning Department. A stop work order may be issued even if a building permit has been obtained if the work being done requires ARB approval, and such approval has not been granted. If a Stop-work order has been issued and the owner or owner’s contractor ignores it a summons against the owner may be filed for violation of Section 108.1 of the 2009 Virginia Construction Code, which outlines when building permits are normally required. If the Stop-work order is in regard to a “Certificate of Appropriateness” that has not been obtained and the property is in an H-2 (Historic) district use Section 36.2-331(c) of the City Zoning Code. If it is in the H-1 (downtown) district use Section 36.2-530(b)(3). Reactivating An Old Building Permit When a property is cited for VMC violations oftentimes a building permit will be required. Sometimes an earlier building permit needs to be reactivated in order for work to be completed. The following statuses are used by the Building Department for inactive permits: ABANDONED -- Permit was applied for, but was never issued due to lack of payment, or some other missing detail CLOSED -- Old expired permits for which there has been no activity and the dollar value of work was $2,500 or less 84 EXPIRED -- Six months has passed and no inspections have been requested. These may also be "closed" (see closed status) REVOKED -- The applicant has provided false or inadequate information, and the permit has been revoked by the building commissioner If a permit is in one of the above statuses and needs to be reactivated and finaled in order for a Rental Inspection Certificate to be obtained: 1) send an e-mail to the building inspector who was associated with the permit 2) when in doubt, or if the inspector no longer works for the city e-mail Neil Holland If the permit is NOT in one of the above statuses send an e-mail as follows: 1) Commercial, north side of City – Al Crespo 2) Commercial, south side of City – Frank Haley 3) Residential, north or south side – Tommy Hahn, and copy Neil Holland Retrieving An Inspection Summary A building permit inspection summary will yield specific details as to what was inspected under a particular building permit. This information is useful when new work has been done and it is suspected that the new work may not have been covered in the permit, or inspected by the building department. Here are the steps for accessing an inspection summary: 1) Open activities list for the address or parcel 2) Choose the appropriate building permit -- BIBLDG 3) On the screen of icons choose “Doc” with the printer icon 4) Open that screen and scroll to INSPSUMM (shown highlighted on the screen shot below) 5) Click on “Preview” or “Print” 6) Set up your “printer driver” by clicking on the box by that name shown below 7) The summary may be saved to your PC by clicking on “file” 85 86 10. The Rental Inspection Program On July 1, 1996 the City of Roanoke established the “Rental Inspection Program” (RIP) and created the “Rental Inspection District” (RID). This program was created on the heels of a tragedy in which an entire family died from a fire due to substandard wiring in the house they were renting. The RIP program has been very successful in reducing the likelihood of a similar tragedy occurring in the City. Under the Rental Inspection Program (RIP), houses and apartments in RIP neighborhoods must meet certain minimum requirements as set forth in the Virginia Maintenance Code (VMC) in order to be legally rented. Inspectors in the Code Enforcement Department are responsible for performing inspections of these units and issuing appropriate orders in order to bring rental units into compliance with the VMC. Landlords who fail to comply with the Rental Inspection Program by renting a noncertified unit may be summoned to court and ordered by the court to submit to an inspection of the unit, and then work to remedy any code violations found by the inspector. A fine may be levied if the landlord either 1) refuses to allow the unit to be inspected or 2) continues to rent the unit without a Certificate but does not make repairs and obtain the Certificate in a timely fashion. Tenants without financial resources may call upon The Legal Aid Society of Roanoke for assistance in bringing such cases to court. Legal Aid has been a vigilant defender of the Rental Inspection Program and has occasionally obtained whole or partial rent refunds for tenants in situations where the landlord has rented a unit without a Certificate of Exemption. Legal Basis for the Rental Inspection Program According to text within Section 103.4 of the Virginia Maintenance Code (Part III of the Uniform Statewide Building Code) “The local governing body may adopt an ordinance to inspect residental rental dwelling units for compliance with the USBC and to promote safe, decent and sanitary housing for its citizens . . .” Using this “enabling legislation” from the USBC the City officially adopts the Rental Inspection Program in Section 7-34 of Roanoke City Code: Sec. 7-34. Findings, designation of rental inspection districts. (a) The city council finds that certain residential rental dwelling units, when not the subject of an initial inspection or periodic inspections to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. (b) The city council further finds that within certain residential housing areas within the city, designated as rental inspection districts, there is a need to protect the public health, safety and welfare of the occupants of residential rental dwelling units; that such residential rental dwelling units are either (i) blighted or in the process of deteriorating, or (ii) in 87 need of inspection by the city to prevent deterioration, taking into account the number, age and condition of the residential dwelling rental units; and that the inspection of residential rental dwelling units is necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the rental inspection districts. (c) There are hereby created rental inspection districts pursuant to section 36-105.1:1 of the Code of Virginia (1950), as amended. Such districts are as delineated in a map entitled, Rental Inspection Districts, dated February 23, 2005, and filed with the city clerk for the City of Roanoke. A copy of such map shall be available for public inspection in the department of housing and neighborhood services for the city of Roanoke. This City Code section goes on to define the precise geographic boundaries of the “Rental Inspection District”, an area primarily covering older neighborhoods of the City, but also including some smaller outlying tax parcels that historically have been the subject of many complaints. Each one of the eleven inspector zones includes some “RIP” (Rental Inspection Program) area and each field inspector is required to solicit and inspect as many “RIP” rental units as possible within their zone. “RIP” Procedure and the “Certificate of Exemption” Once it is determined that a dwelling may used for rental the inspector should run copies of the ownership information from the Manatron and GIS systems and give those to secretarial staff, who will then mail the owner of record a “RIP” letter as well as set up an “Activity” in Permits Plus to track progress on the unit. The RIP (Rental Inspection Program) letter describes the nature and intent of the program and contains a response form which the owner is required to fill out and return to the department. For legal purposes, owners are not considered to be “informed” about the program until they have received the “RIP” letter. A response form included with the letter asks the owner to reveal whether or not the unit is being used for rental, is vacant, or is owner occupied. It also asks for the owner’s contact information. Ideally the response form will be returned to Code Enforcement and either an inspection of the unit can be scheduled, or the unit can be documented in Permits Plus as follows: “Vacant” – the unit not occupied by anyone, and owner has no intention of renting it “NotRent” – the unit is owner occupied Oftentimes when the property is being rented the questionnaires are not returned. In that case the inspector may try using a door hanger as a last resort to obtain an inspection. (The “Second Notice” RIP letters used in the past have proven to be ineffective so they are no longer being used). If the landlord or the tenant are still unresponsive, the inspector should file a summons against the owner for failure to have the unit inspected under the RIP program. The summons to use is listed in Permits Plus Office Link as “2010 Summons USBC RIP 01-29-10.doc.” 88 If the unit has a Vacant or NotRent status it should be checked from time to time to see if it still remains vacant or owner-occupied. If it becomes obvious that the unit has been rented the inspector should set up a RIP appointment with the owner or tenant. The inspector then performs the inspection and makes note of any code violations within the unit, according to the VMC. If there are no code violations then a “Certificate of Exemption” may be issued for the unit. The Certificate of Exemption is good for four years, and permits the owner to legally rent and re-rent the unit during that time period. Should violations of the IPMC be found then the inspector should prepare an appropriate order to send to the property owner (Repair, Notice of Unsafe Structure, etc.), allowing reasonable time for the code violations to be remedied. See page 65 for standard compliance guidelines. When time for the repairs has expired the owner should be contacted and a re-inspection set up to verify that the repairs have been done. 89 Oftentimes, the owner will ask for additional time to complete repairs and it is at the inspector’s discretion to grant extra time if it is felt that the owner is working diligently to bring the property into compliance. Once the unit is free of code violations a Certificate of Exemption may be issued, unless the owner is on the “Delinquent Landlord List”, in which case the Rental Inspection fee must be paid before the Certificate may be issued. See the “Delinquent Landlord List” section below for more information. The cost for the initial RIP inspection is $25.00 and subsequent inspections are $50.00. This fee structure was designed as an incentive to property owners to have properties in good shape for the first rental inspection. Inspectors should, whenever possible, provide information and “education” to property owners, especially those who have not had prior experience with the Rental Inspection Program. The Code Enforcement Department has a booklet which covers the basics of the Property Maintenance Code. Revoking A Certificate of Exemption Under normal circumstances once a unit is in compliance with the VMC the inspector will issue the property owner a Certificate of Occupancy, good for four years. However, if a subsequent inspection (usually at the tenant’s request) reveals that the unit has deteriorated to the point that it is unfit for habitation the Certificate may be revoked and a Notice of Unsafe Structure / Condemnation order issued. The City code supporting this is listed below. If a RIP certificate has been revoked the unit must be repaired and brought up to code again before a certificate will be re-issued. Section 7-39 Exemptions (c) If a residential rental dwelling unit which is exempt from this article pursuant to this section becomes in violation of the building code during the exemption period, the city manager may revoke the exemption previously granted under this section. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner or managing agent of such residential rental dwelling unit, specifying the nature of the violations found and the date upon which the revocation of the certification of exemption will take effect. Proof of mailing of the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. The “Delinquent Landlord List” Holding of a Certificate of Exemption Until the Bill Is Paid Periodically inspectors are given a computer printout from Billings and Collections listing the names of all landlords and property management companies that have unpaid bills for Certificates of Exemption they have received in the past. 90 In order to prevent more Certificates from being issued to individuals or companies with a history of non-payment please use the following procedure: 1) Inspector checks list of RIP delinquent accounts prior to initial inspection. Inspector should notify owner during the initial inspection that they have a delinquent rental inspection account and will not receive certificate unless it is paid for in advance. 2) Inspector performs final inspection, advises the owner (again) they have a delinquent rental inspection account and the unit cannot be officially “certified” until the bills for the initial and follow-up inspections for that unit are paid. The inspector will also inform the owner that the unit cannot be legally occupied until the unit has been certified and that legal action may be taken if the unit is occupied without a Certificate. 3) Inspector logs re-inspection in the “Inspection Module” as “Partial Approval” (CPAP). Inspector updates screens and changes status to “CERTPEND” 4) Inspector creates RIP bill and “RIP Account Not Current” cover letter which will be sent to the owner instead of the usual certificate. The letter and bill should reference the address and unit number. DO NOT create the Certificate and Cover letter yet, as they may be run off by mistake. 5) Inspector gives bill and cover letter to Jackie to mail. Each unit is billed separately showing the address and unit number. 6) Once the landlord has paid the bill they can either mail or bring the receipt from Billings and Collections proving payment to code enforcement. 7) Jackie scans paid bill statement into “Office Link” and Certificate is either printed then or mailed later. What To Do If the Property Owner Refuses An Inspection Section 7-48 of Roanoke City Code (below) establishes that it is “unlawful” to rent a unit in the Rental Inspection District without adhering to the requirements of City Code. The basic requirements are that 1) the unit be inspected, 2) the unit passes the first or final inspection and 3) that the owner has a Certificate of Exemption in hand which constitutes proof that City Code has been fully complied with. Sec. 7-48. - Requirement of certificate of compliance. It shall be unlawful for any owner, managing agent or person in control of a dwelling unit located in a rental inspection district to rent or lease such a dwelling unit when such dwelling unit fails to comply with the requirements contained in this article. If any part of the RIP requirements are not being complied with an inspector may file a court summons against the owner. The notarized affadavit (see example below) is 91 evidence admissible in court that a property owner has been notified by mail with the RIP letter. The scanned RIP Affadavits are stored electronically at L:/Housing/Affadavits. When bringing such a case to court evidence proving that the unit is being rented should also be available. A step by step procedure for preparing a RIP case is as follows: 1. Make sure the property is in a rental inspection area and that a RIP letter has been sent to the current owner. 2. Establish reasonable proof that it is being rented. This can consist of a history of past rental activity (found in Permits Plus), photograph of a “for rent” sign or mailbox with a name on it other than the owner’s, documented conversations with tenants or the property owner, the copy of a lease, etc. 3. For the folder, print a hard copy of any photographs or other supporting documentation, including any notes entered into Permits Plus 4. Make sure the folder also contains a copy of the GIS and Host printouts and any other pertinent correspondence or documents 5. Find the date of the first RIP letter sent to the owner. A hard copy of the letter should be in the folder 6. Have support staff (Kim Flannagan) print and sign an Affadavit of Notification form for the property. A sample of this form is printed below. This form has been pre-notarized (by Becky Cockram or Candice Martin) and will be legal proof that the City has met its notification requirement. Multiple properties may be listed on one form. 7. Once the affadavit is signed and notarized have support staff scan it and import the file into Permits Plus. 8. The Criminal Complaint (summons) should be filled out with the wording below. 9. If the owner is going to be defended by an attorney obtain a copy of the deed in the Clerks Office on the third floor of the courthouse, in order to further establish ownership. The Criminal Complaint form should be worded as follows: The accused is in violation of section 36-105 of the Code of Virginia by failing to comply with the Virginia Uniform Statewide Building Code, Part III, Virginia Maintenance Code, Section 103.4 requiring residential rental properties in a rental inspection district to be inspected in accordance with section 36-105.1.1. Subject property is located in such a district at: list address of property. 92 Sample Affadavit of Notification form: Researching A Certificate of Occupancy (C.O.) Inspectors are required to research each property that is inspected to determine whether or not a Certificate of Occupancy exists and if it does not, a C.O. application should be given to the owner or agent. This certificate secures the permitted use of the property and thus prohibits any future unauthorized expansions or changes of use, such as illegally added apartments or prohibited business uses in a residential area. C.O.s can also protect the property owner, especially if the use is grandfathered or could be lost due to rezoning. 93 Certificates of Occupancy have not yet been consolidated in one database and may be found in Permits Plus, The Host System or the Kardex database. Following are the steps to research a C.O.: In Permits Plus – contains C.O.s from July 1, 2001 to Present 1) get the tax map number of the property 2) open Permits Plus and under the “Parcels” tab choose “List by Parcel Number” from the pull down menu 3) type the parcel number in at the bottom of the screen 4) click “search” 5) click on the address shown in the large white area on the screen 6) click on “import documents” 7) if a C.O. exists and has been transferred to documents available by tax map number, it may be shown on the next screen and would be labeled accordingly 8) C.O.s may also be found among documents within Building Permit activities if not transferred as indicated in step number 7 In the Host System – contains C.O.s from July 1, 1989 to June 30, 2001 1) open Host 2) type “A” and press enter 3) enter your login information, (hnsl1 – password) 4) press “F3” button at top of keyboard 5) type the letter “S” in the parenthesis ( ) next to “Permits” 6) press the “enter” key 7) enter the tax map number or address on the green lines near the bottom of screen 8) press enter 9) if a CO exists it will be listed as “CO” 10) type the number 5 in the green line next to the CO listing 11) press the F5 key 12) the C.O. will be displayed In The Kardex System May contain C.O.s from the beginning of the city’s recordkeeping in the early 1900s to June 30, 1989. 1) Obtain the Kardex disk from Robert Durant in CIS 2) Have Robert install the Kardex Icon on your desktop 3) Put disk in drive 4) Click box for SW, SE, NW or SW 5) Enter the tax map number (it cannot search by address) 6) If a C.O. exists it will be shown 94 RIP Delinquent Account Procedure Typically, when a unit passes inspection, a Certificates of Exemption is mailed to the property owner along with a thank you letter, and a “Notice of Inspection Fee” form, indicating how much the owner will be billed for the inspection. Soon afterward the actual bill will be mailed by the Billings and Collections Department. In the past, some property owners took advantage of this “loophole” in the system, realizing that they would continue to receive certificates without paying for them. Those non-paid accounts eventually turned into the delinquent accounts. As long as a landlord continues to pay inspection fees within the 60 day grace period, Code Enforcement will continue to issue Certificates when units pass inspection. However, if the owner’s account becomes delinquent, the owner (or his company’s) name will be placed on a “delinquent landlord” list provided to Code Enforcement occasionally by Billings and Collections. Do not issue new Certificates to anyone on that list unless they are paid for in advance, or the owner clears the past due account. The complete procedure for this process is as follows: 1. Inspector checks list of RIP delinquent accounts prior to initial inspection. Inspector notifies owner during the initial inspection that they have a delinquent rental inspection account and will have to pay for the certificate in advance, or pay the past due amount in their account in order to be removed from the list. 2. Inspector performs final inspection, advises the owner they have a delinquent rental inspection account and the unit cannot be certified (Certificate of Compliance) until the bills for the initial/follow-up inspections for that unit are paid. The inspector will also inform the owner that the unit cannot be occupied until the unit has been certified. The inspector notifies the owner that legal action may be taken if the unit is occupied without a Certificate. 3. Inspector logs re-inspection in the “Inspection Module” as “Partial Approval” (CPAP). Inspector updates screens and changes status to “CERTPEND”. 4. Inspector creates RIP bill and “RIP Account Not Current” cover letter. The letter and bill should reference the address and unit number. Do not create the Certificate and Cover letter, as they may inadvertently be printed by someone else and given to the owner. 5. Inspector gives the bill notice and the cover letter to support staff (Jackie) to mail. The letter to be used is labeled “2010 RIP Account Not Current Letter” in Permits Plus Office Link. Each unit is billed separately showing the address and unit number. 6. Once the landlord has paid the bill they can either mail or bring the “paid statement” to code enforcement. 7. Jackie scans paid bill statement into “Office Link”. 95 8. Jackie notifies inspector, inspector updates inspection module and screens, creates and prints the certificate and the cover letter and gives to Jackie to mail. The certificate and letter are labeled “2010 Certificate of Exemption” and “2010 Certificate of Exemption Letter” in Permits Plus Office Link. 9. If the owner does not pay the RIP bill, and the unit remains occupied, the inspector should summons the owner to court for failure to obtain the actual Certificate of Exemption. The summons to be used in this case is listed as “2010 Summons RIP City-Code” in Office Link. 10. The landlord must have the actual certificate in hand in order not to be found guilty in court. The fact that the unit technically passed inspection is insufficient to absolve this charge. 96 11. Nuisance Codes (Graffiti, Inoperable Vehicles, Weeds & Trash ) Graffiti Legal Basis for Graffiti Ordinance The City’s Graffiti Ordinance, which applies only to privately-owned parcels, is derived from Section 21-25(d) of the Roanoke City Code which states: Authority of city to remove or repair (1) The city manager is authorized to undertake or contract for the removal or repair of the defacement, including but not limited to defacement by application of graffiti, of any public building, wall, fence or other structure or any private building, wall, fence or other strucdture where such defacement is visible from any public right-of-way. . . Unlike other Code Enforcement citations, the owner is not legally required to comply with a graffiti notice and will not be held responsible for the cost associated with the abatement of the graffiti. The ordinance does, however, give the City the right to “clean or cover the defacement” if the owner or lessee of the property does not do so within 15 days of receiving the notice. Graffiti Citation Process In order to cite graffiti, take a photo(s) and send the owner of record the graffiti letter from Office Link (2011 Graffiti Letter.doc) with a copy of the photo(s) showing the graffiti. The letter includes a form that the owner is asked to fill out and return. The letter should also be posted at the property. This is especially important if the property is being leased, otherwise the tenant would receive no direct notification. On the form the owner is asked to state their intention either to abate the graffiti or allow the City to abate it. Here is a copy of that letter (without macros filled in): Planning Building & Development Code Enforcement Division Noel C. Taylor Municipal Building 215 Church Ave SW, Room 312 Roanoke, Virginia 24011 ®Owner® ®Owner2/Address1® ®Address2® ®Address3® ®Permit#® ®Date® 97 ®Address4® Dear Property Owner(s): Subject: Tax Map #: ®Address Description® ®Parcel® GRAFFITI ORDINANCE VIOLATION NOTICE Please be advised an inspection of the building, facilities, and/or personal property at the address referenced above revealed it to have been defaced with graffiti. “Defacement” is defined in the Code of the City of Roanoke, Section 21-25 (a) of Article I, Chapter 21 as “the unauthorized application of any writing, painting, drawing, etching, scratching or marking of an inscription, work, figure or design of any type on any public buildings, facilities and personal property or any private buildings, facilities and personal property.” This type of defacement or graffiti is blighting and detrimental to the community and encourages further defacement and vandalism. If you have knowledge of who committed the offense and wish to pursue the issue, please contact the Roanoke City Police Department. City code requires that within fifteen (15) days of the receipt of this notice you must clean, cover or otherwise remove the graffiti, or note on the enclosed form that you do not want the graffiti removed. You should fill out and return the enclosed form to the address at the top of this letter. If we do not receive the form within the 15 day grace period, we will assume that you wish for the City to do the abatement work, which is permitted under Section 21-25(d)(1) of Roanoke City Code. Please be aware that if the property is vacant the City may bill you for painting over the graffiti, as provided for in Section 21-25(d)(4) of City Code. If the property is occupied, then there is no charge for the city to do the work. Thank you in advance for your attention to this matter. Should you have any questions, please call (540) 853-2344, Monday through Friday, 8:00 AM to 5:00 PM. Sincerely, ®Inspector® enclosure (page 2) GRAFFITI NOTICE OF INTENT Subject: ®Address Description® Tax Map #: ®Parcel® 98 ______ I object to the removal of the graffiti. The graffiti is authorized and I do not want it removed. ______ I agree to remove or cover the graffiti within 15 days. I understand that if I do not abate the graffiti, the City of Roanoke has the authority to do so at the City’s own expense, unless the property is vacant, in which case the City may bill me for the expense. ______ I authorize the City of Roanoke to arrange for the removal or coverage of the graffiti and understand that the City will do so at its own expense, unless the property is vacant, in which case the City may bill me for the expense. (Property Owners Name) (Signature) (Date) (Owner’s Phone Number) ®Permit#® The photograph(s) taken should be inserted into a Microsoft Word template and imported into Permits Plus Office Link. If the response form is not returned within 15 days of receipt it is assumed that the property owner or lessee is not going to remove the defacement and therefore it will become the City’s responsibility to do so. The Code Enforcement Department has used contractors in the past for graffiti abatement but at this writing (11-2012) removal is done by volunteers from the Code Enforcement department. Usually graffiti cases will be “batched” and the volunteers will occasionally spend a day working to abate them. How To Submit A Request for Graffiti Removal To In-House Staff 1) Scan the “letter of intent” into the related activity in Permits Plus. Remember to label it “letter of intent” or something similar, NOT the name the scanner will give the file. 2) Record the date in which you received the letter in the “screen” module in Permits Plus. 3) Print out a picture of the graffiti. Black and white is OK, and staple it to the letter of intent. 99 4) Give the letter of intent and the picture to Kim Asbury 5) After the graffiti is abated the action will be documented in Permits Plus and hard copies of photo, letters, etc. will be discarded Gang Related Graffiti Report any gang related graffiti to Officer Weddle at the Roanoke City Police Department: 853-5723. Graffiti on City, State or Federally Owned Structures or Utility Boxes The following contacts should be used if the graffiti ordinance is not applicable: Graffiti on and Under Highway 581 Bridges: Raymond Lowe, VDOT, 392-0839, [email protected] Or send e-mail and photo to [email protected] Graffiti on City owned structures such as bridges and signs or schools: Contact Manager of Transportation for Streets and Traffic, Mark Jamison at ext. 5471 Graffiti on City owned parking garages: Debbie Moses – 853-8285 Graffiti on State of Virginia property: Contact “Smart Traffic Center” (STC), 387-5097 Graffiti on Verizon phone boxes: Send e-mail with photo to [email protected] In the note please indicate the type of box, and the address the box is next to or in front of. Inoperable Motor Vehicles (on private property) This ordinance does not apply to vehicles parked on the street. Inoperable vehicles in the public right of way should be reported to the Police Department. 100 Legal Basis for the Inoperable Motor Vehicle Ordinance The City’s Inoperable Motor Vehicle Ordinance is derived from Section 15.2-904 of the Code of Virginia, which gives municipalities the authority to cite and to remove inoperable vehicles under certain conditions. Following are key exerpts from the State Code: § 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles; penalty. A. Any locality may, by ordinance, provide that it shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100, which is inoperable. Any locality in addition may, by ordinance, limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure, but which are shielded or screened from view by covers . . . B. Any locality may, by ordinance, further provide that: (i) the owners of property zoned for residential, commercial or agricultural purposes shall, at such time or times as the locality prescribes, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure; (ii) such locality through its own agents or employees may remove any such inoperable motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice, has failed to do so . . . The City’s “Inoperable Motor Vehicle Ordinance”, adopted from the Code of Virginia can be found in Section 20-126 of Roanoke City Code. Following is the first section of the ordinance, stating its intent. The ordinance goes on to describe the penalties for non- compliance and grants the City authority to remove inoperable vehicles or summon the property owner to court if the vehicle(s) cannot be removed: Sec. 20-126. Restriction on keeping of inoperable motor vehicles. (a) No person shall keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer which is inoperable; however, one (1) such vehicle may be kept outside a fully enclosed building or structure, provided that it is shielded or screened from view. (b) The provision of this article shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. (c) Notwithstanding any other provisions of this article, if the owner of an inoperable motor vehicle can demonstrate that the owner is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one (1) additional inoperable motor vehicle which is also shielded or screened from view and which is being used for the restoration or repair may remain on the property. . . . Where the Ordinance Is Applicable Vehicle violations may occur on any City parcel not zoned for industrial use. There are also a few areas of the City that were zoned for industrial use many years ago in anticipation of future development. The development was less than anticipated and these areas have retained their residential character. Inoperable vehicles may be cited in these neighborhoods, as they are being used for residential purposes. Property owners are allowed to keep one inoperable vehicle within a “solid opaque” privacy fence as long as the vehicle cannot be seen by someone standing at ground level 101 outside of the fence. Two vehicles may be kept in the same manner as long as one is a “parts car” for the other. Therefore, do not cite any vehicles in this situation. An unlimited number of vehicles may be kept in a fully enclosed building. It is permissible to cite vehicles on carports since they are not fully enclosed and vehicles are still visible from outside the structure. The ordinance does not apply to a licensed automobile dealer, salvage dealer or scrap dealer. Antique Vehicles A vehicle that is legally registered as “antique” may only be cited for being “inoperable”. It cannot be cited for a missing or expired inspection sticker because state law does not require inspections for antique vehicles. Vehicles that are 25 years old or older may be registered with the DMV as antique vehicles. Standard plates for these vehicles look like this: The vehicle owner may also register the vehicle with an original plate, from the year in which the vehicle was manufactured. According to the DMV website these plates are “valid for as long as you own the vehicle”. When To Cite an Inoperable Motor Vehicle If a complaint has been received, or if a code enforcement inspector spots an inoperable vehicle during canvassing it is permissible to take a closer look, and walk onto the property if there is “probable cause” that a violation of the ordinance exists. See “Trespassing” section on page 60 for a discussion of “probable cause”. It is not legally permissible for an inspector to lift the tarp off of a vehicle for a closer look at the license plate or inspection sticker as this is considered an “illegal search”. 102 An inoperable motor vehicle is one that has: An expired license plate or no plate An expired state inspection decal, no decal, or one which has been expired for more than 60 days Is not in operating condition and/or would be incapable of passing a state inspection due to o Missing essential parts o Damage that would prevent it from passing inspection or being driven safely o Flat tires o Broken windows o Proven mechanical problems (the vehicle owner admits that it has a bad transmission, etc. – not hearsay from a neighbor) Only vehicles that would require a license plate for operation may be cited. This would include: Cars Motorcycles Pickup Trucks Panel Trucks Vans Trailers Semitrailers Vehicles or accessories that may not be cited include: Bicycles ATV (All terrain vehicles) Mopeds or go carts Golf Carts Camper tops Vehicle parts (such as a truck bed only, a cab without wheels etc.) These may be cited as “outdoor storage” (see Section 8Ic iv) Inoperable Vehicle Citation Procedure 1) Fill out and photograph red citation sticker in the field 2) Place sticker on vehicle or near to vehicle 3) Photograph vehicle from front and back, showing the red sticker in one photo 103 4) If vehicle is cited for being inoperable photograph anything that would provide proof of this (such as a flat time, busted windshield, missing bumper or taillights, etc.) 5) Place photographs in Microsoft Word template 6) Open a new Permits Plus activity and import the photo templated into Office Link. Write down, or copy the APD number of the activity for insertion into the e-form. 7) Fill out the “Inop e-Form” shown below, inserting the APD number at the top: INOP e-Form INSPECTOR’S NAME APD# AV00000 ORIGIN, DATES & LOCATIONS CANVAS DATE: COMPLAINT DATE: INITIAL INSPECTION/POSTING DATE: TAX MAP # & OWNER INFORMATION Manatron information goes here Tax # 0000000 123 Anystreet Roanoke, VA 00000 This is filled in only if there is no address posted on the lot. It would read something like “Lot to right of 116 First St., NW” LOCATION (IF VACANT LOT) UNFOUNDED COMPLAINTS VEHICLE NOT FOUND VEHICLE NOT IN VIOLATION VEHICLE ON PUBLIC PROPERTY OTHER (EXPLAIN IN NOTES) VEHICLE INFORMATION MAKE: MODEL: COLOR: YEAR: STATE INSPECTION DECAL NONE EXPIRED MONTH YEAR 104 STATE LICENSE PLATE INFO NONE EXPIRED MONTH YEAR STATE NUMBER SPECIFY CONDITIONS IF VEHICLE IS INOPERABLE: NOTES GRM MANATRON IMAGE (OFFICE USE ONLY) NOTE (written 9-25-12): Since Manatron will replace GIS as the most reliable record of ownership this section of the form will change. 8) When finished filling out e-form rename it to the AV #. 9) Import the renamed e-form into L:\housing\e-forms to upload folder. This is the “trigger” that alerts support staff to process the violation, send violation letter, etc. 10) Leave the Activity for the vehicle in INITLIZE status. 11) Do not recheck the vehicle until the compliance grace period has expired. This will be shown on your “daily recheck sheet” for inops. 12) If the vehicle is partially in compliance the inspector may grant a short extension to give the owner opportunity to finish whatever work must be done. If the vehicle was cited because of a complaint please keep that in mind when deciding how much of an extension to grant. 13) If the vehicle is not in compliance (and no further extension is being granted) note on the recheck sheet that “vehicle is to be towed” and give the recheck sheet to Adrian Brown, who will give a work order to the tower. What To Do If A Vehicle Cannot Be Towed If a vehicle cannot be towed the inspector will be given a copy of the “hard” file for that vehicle and the tow order, which will note the reason it could not be towed. In this case a summons needs to be filed against the owner of record for the parcel on which the vehicle is located, NOT the vehicle owner if that person is different. Be careful that the ownership of the parcel has not changed since the citation on the vehicle was written. If it has the entire process will have to begin again with the new owner. The summons, shown below, is labeled “2010 Summons for Inop Complaint”: 105 Inoperable Vehicles on the Public Right of Way The Code Enforcement Department neither cites nor tows any vehicles on city, state or federally owned properties – streets, highways, alleys, school property etc. Wrecked or inoperable vehicles in those areas are towed by contractors on the Police Department’s “Tow List”. It is important to remember that towing contractors on the Police Department’s list are exempted from Section 36.2-424 of the Zoning Code, which generally prohibits the parking of commercial vehicles in residential zones. These tow truck operators may be called upon at any time, day or night, to tow wrecked vehicles from the public right of way and this exemption from City Code makes it possible for them to do their job with greater efficiency. 106 The Police Department Tow List (An e-mail was sent to Tim Jones at P.D. on 9-25-12 requesting an updated list.) As of 11-5-09, tow trucks belonging to the following companies are on the Police Department’s Tow List, therefore if a complaint is received about these tow trucks being parked on private property, they cannot be cited under the zoning code: Big John’s Towing and Recovery, Inc. rd 817 3 St. Vinton, VA 24179 344-0695 Ace Repair and Towing 1900 Underhill Ave., SE Roanoke 556-1943 Rainbow Forest 1910 Progress St., SE, Lot 5 Roanoke 977-2807 Garcia Towing 213 11th St., NW Roanoke 293-1961 The Weed and Trash Ordinance The Weed and Trash Ordinance provides a remedy to neighborhood eyesores resulting from inadequate maintenance of privately owned parcels. Unter the ordinance it is mandatory for property owners to maintain their lots by keeping them cut and free of litter and trash. Citizens may call the city to complain of overgrown or trash-filled lots. Such lots are cited by Code Enforcement and if the owner doesn’t comply with the citation then a City contractor will be sent to cut the lot and/or remove trash at the owner’s expense. Legal Aspects of the Weed and Trash Ordinance The ordinance is derived from Section 15.2-901 of the Code of Virginia. The first few paragraphs of the State Code summarize its purpose: § 15.2-901. Locality may provide for removal or disposal of trash, cutting of grass and weeds; penalty in certain counties. A. Any locality may, by ordinance, provide that: 1. The owners of property therein shall, at such time or times as the governing body may prescribe, remove therefrom any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of such locality; or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, 107 garbage, refuse, litter and other like substances which might endanger the health of other residents of the locality, removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected; . . . The City of Roanoke has adopted the State Code (above) in Section 33-17 through 3322 of the City Code (below) which defines “weeds” and “trash” as follows: Definition of “Weeds” and “Trash” The legal definition of weeds and trash according to Section 33-17 of Roanoke City Code is: Trash means abandoned personal property, garbage, refuse or debris openly lying on any parcel, which might endanger the health of other residents of the city. Weed or weeds means any plant, grass or other vegetation over ten (10) inches in height growing upon a parcel in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dandelions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. For field work, a practical interpretation of the above definition(s) is as follows: The weed ordinance applies to vegetation in excess of 10” in height within areas that are normally maintained with typical lawn mowing equipment It is not applicable to ornamental plantings or gardens maintained free of any weed hazard Not normally applicable to wooded areas but it may be used if there is a large amout of “trash” within plain sight, such as discarded tires, appliances etc. Not applicable to trees that have grown large enough that they could not be cut by standard commercial grade lawn mowing equipment, or trees that were deliberately planted Though certain trees may be defined as “weed trees” once they have grown so large that they cannot be cut by standard commercial grade mowing equipment, they may be exempt from citation under this ordinance, unless specifically mentioned in the citation. The following photo shows an example of small weed trees that may be removed under the ordinance, if specifically mentioned in the citation: 108 The ordinance does not apply to ground covers (such as ivy) that were deliberately planted by the property owner It does not generally apply to vines growing on fences or up structures (such as the side of a house), though it may apply to kudzu and ivy grown out of control. If used to cite kudzu or other invasive vines the property owner would be required to cut it at the ground and upward 2 or 3 feet. The owner would not be required to remove it entirely from the structure. It does not apply to growth that cannot be accessed with typical lawn-mowing equipment, such as weed growth intertwined in a fence A small amount of paper “litter”, soda cans and bottles etc. strewn around a lot should not be cited as “trash” since it would be removed in the normal course of lawn mowing. Only when the “trash” is significant should it be cited as such. Trash is considered to have no value. If the “trash” appears to have value or appears to be saved for a purpose (such as a large pile of cans for recycling) do not include in the weed order. Cite it as “outdoor storage” instead. 109 Citation Procedure for Weeds and Trash 1. Fill out the weed notice and photograph it (so you will have a record of the property address, date, type of citation, etc.) if e-form is not being completed in the field. 2. Post the notice on the property with a stake, or by attaching to the dwelling in an obvious location, such as on the front door or slipped behind the mailbox. Do not put it in the mailbox (it is a violation of Federal law to do so). 3. Photograph the posting and take additional photographs to show weeds in the front and back yards and other pertinent areas (such as side yards) and/or in areas where trash is significant, if citing for trash. 4. During citation, it is at the inspector’s discretion whether or not to also post a large “Weed and Trash Violation” sign, but this sign may only be placed on the City right of way, not on private property. This sign is useful if a complaint was received, as it will draw attention to the fact that the property has been cited. 5. Create a photo template with the citation photos. The file name given the template should begin with “IPIC” (initial picture) – example: IPIC 234 Stewart, 2-3-12.doc 6. Fill out the WT e-form with information printed on the posting notice (see illustration below) a. Import Manatron information into the weed and trash e-form b. If it is a vacant lot, make sure to fill out “location” line. Examples: lot across from 432 1st St., or lot to right of 821 Highland, SE 7. Open new Permits Plus activity and import IPIC photo template into Office Link. 8. In the inspection module for the new activity enter “CNOR” and briefly describe the violation in the text area at the bottom of the module (see illustration below) 9. Copy the APD number from Permits Plus and paste into the e-form at the top. This number will always begin with “WT”. 10. Rename e-form with the activity number. 11. Import the e-form into L:\housing\e-forms to upload. To save time, it is a good idea to put a “shortcut” to this folder on your desktop. 12. The e-form will serve as a “trigger” to support staff, alerting them to send a citation letter to the property owner. The “clock” for compliance also starts. 13. Weed/trash recheck sheets are supplied to inspectors in their boxes, or at staff meetings. They will indicate when cited lots are to be rechecked for compliance. 14. In addition to filling out the e-form and importing it into the “e-forms to upload” folder Screen 1 on the Permits Plus activity must be filled out by the inspector with: a. The canvas or complaint date b. The initial inspection date c. The notice posted date d. the type of violation (weeds, trash, or weeds and trash) e. house or lot (see illustration of Screen 1 below) 110 15. The “Weed Season Violations” section of Screen 1 is only used during the “Weed Season” (April 1 – November 1). For the first violation choose “Initial” from the pull down menu. For 2nd or subsequent violations, choose accordingly from the menu. 16. For 2nd or subsequent violations, the WT# and date of the initial violation must be entered. Do NOT enter anything in those boxes if it is an initial violation. 17. The “Work-Order Information” section is always completed by office staff. The “owner complied” date is inserted only if the violation has been abated by the owner. 18. When the parcel is rechecked, if it is not in compliance (grass not cut and/or “trash” not removed) new photos showing the violation must be taken and imported into a photo template, which is given a name beginning in “RPIC”. The template is then imported into Office Link. 19. A work order e-form is filled out as shown below. Do not forget to include the square footage of the area to be mowed (minus the “footprint” of the structure, driveways, patios, outbuildings, etc.) 20. It is put in the “Work Order e-forms to Upload” folder which is within the “e-forms” to upload folder 21. A work order is assigned to one of the weed contractors 22. After the City’s contractor has visited the property the inspector will receive a copy of the contractor’s “Weed/Trash Work Order” form which will indicate that either the contractor has done the work, or that the owner complied with the order 23. If the contractor did the work yet another set of photos must be taken, placed into a template and imported into Office Link. The photo documentation will serve as legal proof in case the parcel owner contests the bill for mowing and/or trash removal. 24. The inspector is responsible for contacting the contractor if the work done was unsatisfactory. 111 How to fill out e-form for an INITIAL weed/trash violation. See step #6 above under Citation Procedure. EFF 4/02/12 WEEDS & TRASH e-Form APD# WT0000 Inspector’s name goes HERE DATE, PARCEL, OWNERSHIP & LOCATION VIOLATION DATE: 05/24/2014 TAX MAP # & OWNER INFORMATION MANATRON INFO. GOES HERE LOCATION (IF VACANT LOT) If it is a vacant lot describe location, example: Lot across from 123 Jefferson St. TYPE OF VIOLATION WEEDS WEEDS & TRASH TRASH Do not use for litter, use only if there is a substantial amount of trash See above PARCEL DESCRIPTION/USE HOUSE LOT Put “YES” if there is a house Put “YES” if it is a vacant lot SPECIFIC ABATEMENT INSTRUCTIONS (if any) DO NOT PUT ANYTHING HERE EXCEPT specific instructions to be sent to the property owner in the Notice of Violation citation to be mailed. 112 How to fill out the inspection module for an INITIAL weed/trash violation during the “weed season” (see step #8 above) 113 How to fill out Screen 1 for an INITIAL Weed/Trash Violation (See Steps #14-15 above) 114 How to fill out a Work Order Request for an INITIAL Violation (See Step #17 above) NOTE: This form will go directly to the contractor. Weeds/Trash Work Order Request Initial Violations in Weed Season & Violations Outside of Weed Season EFF 4/02/12 INSPECTOR APD# (DO NOT INITIALIZE AGAIN) RECHECK DATE TAX MAP # & OWNER INFO LOCATION (IF VACANT LOT) VIOLATION TYPE SQUARE FOOTAGE TO BE MOWED NOTES TO CONTRACTOR PUT YOUR NAME HERE WT00000 00/00/00 MANATRON INFO. WILL GO HERE Lot to left of 125 10-1/2 St. (Weeds, Trash or Weeds and Trash) Area to be cut minus footprint of house and buildings USE ONLY for SPECIAL INSTRUCTIONS TO CONTRACTOR, not for routine work GRM MANATRON IMAGE OFFICE STAFF THIS BOX WILL CHANGE SINCE MANATRON WILL BE THE MOST UP TO DATE SOURCE FOR ADDRESS INFORMATION. What to do if the property was already cited during the “weed season” and the same violation has occurred again: If the property has already been cited once during the “weed season” (which runs from April 1 until November 1) and a subsequent, violation occurs during that time period, take photos of the violation but DO NOT re-post the property. In this scenario the 2nd or subsequent violation must conform with the following examples: 1) If the original citation was for weeds only, the 2nd or subsequent violation must be for weeds only 115 2) If the original citation it was for trash only, the 2nd or subsequent violation must be for trash only 3) If the first violation was for weeds AND trash, the 2nd or subsequent violation may be for weeds only, trash only, or weeds and trash In the Inspection Module DO NOT enter “CNOR” but rather enter “CREJ” on the 1003 line. CNOR is not entered because there has not been a new notice. It is a continuation of the original notice, when the property was posted. It is tempting to cite every first violation as weeds and trash, but this should NOT be done if there is nothing beyond “litter” on the lot. The contractor will be looking for a significant amount of trash (beyond normal litter), if cited for trash, and the bill will be higher than necessary. Legally it is permissible to have a subsequent violation “piggyback” on the first due to the fact that the parcel owner has already been notified for the duration of the “weed season” (April 1 – November 1) with following text derived from the City’s weed ordinance. This paragraph appears on the “Posted Uniform Notice of Violation” form as well as in the citation letter sent to the property owner: ATTENTION: Any notice sent to any owner of a parcel which, because of weeds or trash, has been declared as a public nuisance under Section 33-18 of the Code of the City of Roanoke and which notice complies with the requirements set forth in Section 33-20 of the Code of the City of Roanoke, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in which the notice was sent. When a 2nd or subsequent violation “piggybacks” on the first, the citation immediately becomes a work order, and there is no grace period for compliance. The inspection module and the “Weeds-Trash 2ND REQ e-FORM” are filled out as shown below and a new activity is opened in Permits Plus. Photos of the 2nd or subsequent violation must be taken, put into a template and given a name that begins with “RPIC”. They should then be imported into Permits Plus, under the new APD number. The Permits Plus screen is filled out as shown below except that the status will be “INITLIZE” and “Work-Order Information” is not filled out. Since the property is not being posted nothing is entered under “Notice Posting Date”. The 2nd violation photo template placed in Permits Plus will be printed by support staff and turned over to the contractor with the work order, the same as an initial weed/trash violation. Once cut, the inspector will receive a copy of the work order and will recheck as usual to make sure the contractor’s work was adequate. If the contractor cut the lot 116 or removed trash a final set of photos must be taken and imported into Permits Plus. If the contractor’s work was inadequate the inspector is responsible for contacting the contractor to correct the work. The photo template of the approved work should be given a name that begins with “FPIC” (final photos). If the Work Order says “owner complied” then new photos are not necessary unless the work by the owner was inadequate. If the owner’s work was adequate the Owner Complied date is entered under “Key Dates”. IMPORTANT: When a recheck is done from a contractor’s Work Order sheet the activity SHOULD NOT be closed by the inspector. Support staff will close the activity once they receive the returned work order. The inspection module should, however, be filled in with “CAPP” for the final inspection if the owner’s or the contractor’s work is approved. If a subsequent violation occurs outside of the weed season, or if the first citation was prior to the weed season, it must be treated as a new violation, and posted accordingly. Likewise, if a subsequent violation during the weed season is not exactly the same as the initial violation, it must be treated as an initial violation. If a lot of an acre or more is cited it is only necessary for the property owner to cut around the perimeter to a depth of 50’ from adjacent lots in order to satisfy the requirement of the ordinance. 117 How to fill out the inspection module for a SECOND or SUBSEQUENT violation during the “Weed Season”: Notice that it is not necessary to put CNOR in the 1000 line above, since NO new notice is being sent. However, CREJ must be put on the 1003 line. 118 How to fill out a “Work Order Request” for a SECOND or SUBSEQUENT weed/trash violation, during the “weed season”: Weeds/Trash Work Order Request 2ND & SUBSEQUENT VIOLATIONS DURING WEED SEASON EFF 4/02/12 REQUIREMENTS FOR PROCESSING A SECOND (2ND) OR SUBSEQUENT VIOLATION INITIAL CONFIRMATION CONFIRM OWNERSHIP HAS NOT CHANGED FROM THE INITIAL VIOLATION OF THE SEASON CONFIRM THAT THE VIOLATION TYPE WAS INCLUDED IN THE INITIAL VIOLATION OF THE SEASON INSPECTOR APD# (INITIALIZE ACTIVITY) VIOLATION DATE TAX MAP # & OWNER INFO LOCATION (IF VACANT LOT) INITIAL VIOLATION APD# DATE OF INITIAL VIOLATION VIOLATION TYPE SQ. FOOTAGE TO BE MOWED NOTES TO CONTRACTOR YES YES NEW WT# This is the WT # of the ORIGINAL violation MUST be the same as the original violation type NUMBER OF VIOLATIONS THIS WEED SEASON (4/01 – 11/01) 2 YES GRM MANATRON IMAGE 3 4 5 6 OFFICE STAFF 119 How to fill out Screen 1 for a SECOND or SUBSEQUENT weed/trash violation: The “Notice Posted Date” is not filled out because no posting is required. Make sure to fill out the “Date of Initial Violation” and “WT# of Initial Violation” fields. 120 Weed and Trash Violation Appeals Occasionally a property owner will wish to contest or “appeal” the City’s decision to cite and cut or clean up their property. In that case the inspector will need to meet with the owner and provide documentation proving that proper procedures were followed. If all of the guidelines above were followed and no mistakes made, there should be sufficient evidence to prove the City’s case. However, if it is found that the City was in error, for instance, by citing the wrong tax parcel or failing to obtain photographic evidence of work done, then the property owner may be entitled to a refund of the fees charged. Liens If a violation of the weed and trash ordinance is abated by the City and the bill is not paid by the owner then a lien will go against the property. If the property is sold, the deed to it cannot be transferred unless the lien is satisfied. Bagged & Loose Leaves and Mulch All complaints and requests for pickup of leaves from the public right of way are handled by the Solid Waste Division. Generally the city will remove up to 6 bags of leaves with normal bulk trash pickup. They are considered under City Code to be "bulk trash". Bulk is collected on alternating weeks. During the last two weeks of November and the first two weeks of December, or “leaf season”, the Solid Waste Management Division suspends brush pickup so as to increase leaf collection. During “leaf season”, an unlimited number of bagged leaves will be collected on leaf weeks provided leaves are collected in biodegradable paper bags. Leaves that are collected in plastic bags are still considered to be bulk and only 6 bags will be collected on bulk weeks. Excessive plastic bag set-outs will be cited as a violation of Sec. 14.1-23 of the City Code and must be removed within 24 hours. Please check with Kenny Lang at 355-3176 (Southwest), Eddie Epperly at 355-3175 (Northeast), Jennifer Reeves 904-3483 (Northwest), or Jermaine Vineyard 892-9265 (Southeast) for information regarding collection of leaves. If loose leaves are raked onto the public right-of-way, call or e-mail the aforementioned Collections Inspectors by quadrant. Piles of loose leaves will be cited, meaning that a notice is put at the house/parcel(s) associated with the leaf pile. These 121 leaves must be removed within 72 hours in order to avoid abatement charges levied by the SWM Division. If the loose leaves are not removed upon the second inspection, the Collections Inspector will contact Billy Basham who will contract a private contractor to remove the leaves. The property owner will then be billed for the contractor’s work plus administrative charges. If it cannot be determined who placed the leaves on the public right-of-way or they have blown there naturally, the leaves will be removed during normal street sweeping operations. Free wood mulch is available at the Roanoke Valley Resource Authority, 1020 Hollins Road, NE; however, leaf mulch is not available through the City. Currently all leaves collected are taken to Rockydale Quarry where they are composted and resold as topsoil. Trash Cans, “Solid Waste” On City Property and Related Complaints Oftentimes Code Enforcement will receive complaints that need to be redirected to the Solid Waste Management Division. The three most common Solid Waste complaints are and 1) trash cans being left at the street, 2) piles of bulk trash set out onto the public right-of-way (sidewalk, street or alley), and 3) piles of brush set out onto the public right-of-way. City Code states that trash cans “shall be accessible for collection” no later than 7:00 a.m. on the day of collection, and “shall be removed . . . no later than 7:00 a.m. of the day following collection.” Trash cans that are not removed in a timely manner are subject to citation by a Solid Waste Department inspector under Section 14.1-18 of City Code. Upon the fourth or subsequent citation within a 12 month period the property owner may be fined $25. City Code Sec. 14.1-18 also states that trash cans “shall be stored . . . in a location no closer to the street than the principal building.” Generally this means that storage of the can to the side of the house or in the back yard is acceptable. Storage of trash cans on front porches is not permitted under the ordinance. It should be noted that a porch, stoop or stairway is not considered part of the “principal building”, so storing a trash can to the side of a set of front steps, for instance, would not be permitted. When storing the trash container behind the principal structure line is not practical or feasible a “representative of the City Manager” may designate an alternate storage location. In a few “topography challenged” locations where alley trash pickup is not available (such as 500 blocks 5th and 6th Streets, SE) residents are permitted to leave 122 their trash cans on the sidewalk. In those locations there would be no “tagging” of trash cans as indicated above. Junk and trash left on public property is considered to be “solid waste” and cannot be cited as “outdoor storage” under the Zoning Code, which applies to private property. The Solid Waste Division will remove up to six “bulk items” on every other regularly scheduled trash collection day. For example, this could include two bags, two tables and two chairs or other combinations of items. Piles of brush are removed once every two weeks on trash day, but on opposite weeks from bulk items. There is a calendar on the SWM webpage at www.roanokeva.gov/solidwaste. Brush to be removed by the City must be stacked neatly and cut to no more than 4 feet in length. No single branch may exceed 3” in diameter. The City will not remove brush cut by a contractor, nor will the City collect construction debris resulting from a remodeling or renovation project. Such materials will be cited for 24 hour removal. If not removed by the owner or occupant, SWM will collect the brush and/or debris and fine the property owner for its removal. Fines range from $207.58 (small amounts of debris or brush) to $407 (large amounts). During a fiscal year (from July 1 to June 30) City property owners may haul up to 20 pickup truck loads of miscellaneous trash, junk or brush to the Roanoke Valley Resource Authority Hollins Road transfer station free of charge. Free dumping does not extend to construction debris, which will be billed according to weight. For information on trash, bulk and brush pickup dates, and to file Solid Waste related complaints citizens may call 853-2000 and press “option 1”, or visit www.roanokeva.gov/solidwaste. It is also possible to enter such complaints on-line at: http://www.roanokeva.gov. Go to the “Services” tab at the top of the screen and fill out the “Request for Services” form. The Zoning Code The Zoning Code was adopted by City Council in 1979 and was amended on December 5, 2005. This code, by definition in Section 36.2-101 is “. . . for the general purpose of implementing the Comprehensive Plan of the City of Roanoke (see page 16) and promoting the health, safety, and general welfare of the public.” The Zoning Code is Chapter 36 of the much larger Roanoke City Code. Zoning is used by the City to define the usage of parcels within certain geographic areas designated as commercial, industrial, residential or agricultural and the scope of activities that are legally permitted in these “zones”. It also gives City inspectors the ability to cite 123 violations of the code. The Zoning Code is quite broad and many of the problems Code Enforcement deals with on a daily basis are solved by using a zoning code citation. Zoning Code Basics Section 36.2-311 of the Zoning Code contains a multi-page table (matrix) in which each residential zoning district (RM-1, RM-2, RMF, etc.) is listed horizontally at the top of the page and all of the various “vested rights” are listed vertically on the left side of the page. “Vested rights” are those uses for the property which are automatically permitted by City Zoning Code. If a “P” appears where a column and row intersect, then the use is “vested” for that particular type of zoning. An “S” indicates a use that may (or may not) be allowed by “special exception” after a Board of Zoning Appeals hearing. Section 36.2-315 contains a similar use table for “multiple purpose districts” (MX, CN, CG, IN etc.) Some of the uses tied to a specific zoning designation are automatically permitted as a “principal use” and some uses are permitted only by “special exception”, which means that approval by City’s Board of Zoning Appeals (BZA) must be obtained. In the zoning tables (see sample below) the letter “P” indicates a permitted use, and the letter “S” indicates that a special exception from the B.Z.A. is needed. If a space is blank the use is not permitted (and would be very unlikely to be approved by the B.Z.A.) Most violations cited under “zoning” will be derived from the City zoning code sections, which all begin with 36.2. Occasionally it is necessary to go outside of the zoning code in order to cite a nuisance type violation. The most common example, used mostly to compel property owners to cut bushes that have grown out over a sidewalk is: Sec. 30-2. - Obstructions generally: It shall be unlawful for any person, without lawful authority, to obstruct any street, alley, sidewalk or gutter of the city. Other City codes that may be useful are: Sec. 30-16. - Removal of snow, ice, sleet and mud from sidewalks And this one, which could be used to get mud and debris removed from a street: Sec. 30-17. - Deposit of injurious or hazardous substances on streets . . . 124 How To Use The Zoning Code Matrix The most common violation of zoning code is “outdoor storage” in a residential area. An outdoor storage violation may, for example, consist of a pile of tires and auto parts in on a parcel zoned RM-1. A quick glance at the zoning matrix (see sample below) reveals that outdoor storage is not permitted in an RM-1 zone since there is a blank cell where the RM-1 column and the “Outdoor Storage” row intersect. On the other hand if “outdoor storage” is found in an area zoned RA it may be permitted subject to any regulations from 36.2-423 (seen at the far right of the row). The Zoning Matrix from 36.2-311: (see next page) 125 District Residential Uses Dwelling, single-family attached Dwelling, single-family detached Dwelling, two-family Dwelling, multifamily Dwelling, townhouse or rowhouse Dwelling, manufactured home Dwelling, mobile home Accommodations and Group Living Uses Bed and Breakfast Boarding house Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home Commercial Uses Day care home, child Fire, police, or emergency services Utility Uses and Structures Utility distribution or collection, basic Utility distribution or collection, transitional Wireless telecommunications facility Wireless telecommunications facility, stealth Accessory Uses Accessory uses, not otherwise listed in this table Accessory apartment Home occupation, excluding personal service Home occupation, personal service Outdoor storage Stable, private Temporary health care structure Wind turbine, commercial Wind turbine, small "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. RA R12 R-7 R-5 R-3 RM1 RM-2 RMF P P P P P P P S P S P P P P P P P P P P P P Supplemental Regulation Section 36.2-431 36.2-417 S S S S S S S S S S 36.2-405 S P S S S P 36.2-412 36.2-412 36.2-412 36.2-412 36.2-412 36.2-412 P P P P P P P P P S P S P S P S P S P S P S P S S P S S P S S P S S P S S P S S P S S P S S 36.2-432 P P P P P P P P 36.2-432 P S P P S P P S P P S P P S P P S P P P P P P 36.2-403 36.2-402 36.2-413 P P P P P P P P 36.2-413 36.2-423 36.2-403 36.2-403 36.2-403 36.2-403 P P P S S P P P P P P P P S S S S S S S 126 How To Determine the Zoning of a Parcel Go to the Geographic Information System database (GIS) at http://gis.roanokeva.gov, click on “Search/Query” and enter the property address or tax map number. Scroll down to “Zoning Lot Information” to “Click Here for Base Zoning”. A map that looks like this should display. The lots are color coded and labeled according to zoning. Zoning Code Enforcement Procedures Following is an outline of the basic procedures used for a zoning code citation: Inspector investigates the complaint (field work) Visit the site Determine if a zoning code or City Code violation exists Take photos as needed (later to be put in photo templates) 127 Make personal contact with responsible party if it is an active business (this is not required for residential violations) o Explain the zoning violation to anyone present o Explain the specific corrective action required o Tell owner/manager/tenant that a Notice of Zoning Violation will be mailed Scan the area for properties with the same or similar zoning violations so that the code may be enforced as equitably as possible Office/computer work 1. Research responsible party and best mailing address using available resources. These resources may include: Manatron Geographic Information System (GIS) Billings and Collections Economic Development Commissioner of Revenue . State Corporation Commission whitepages.com Real Estate Assessment Clerk of Courts Correct owner and owner address information is essential, especially if the case must go to court for resolution 2. If the responsible party is a corporation the citation letter should be addressed to the corporation c/o the best contact, which is often the registered agent. Never put the agent’s name first. 3. It is best to use a local contact if possible. Out of town, and especially out of state contacts are difficult if not impossible to summons to court 4. Fill out a Zoning & City Code Violation e-form as shown below 5. Open a new Permits Plus activity. Choose “CEZONING” for type 6. Copy the “ZC” number of the activity to the top of the e-form 7. Vacant parcels MUST be assigned a physical address since Permits Plus will not allow entry of a new zoning activity with the tax map number alone. Candace Martin (x1146) in the Planning Building and Development Department can assign a physical address to a vacant lot. 8. Import photo template of the violation into Office Link. 9. Fill out Permits Plus screen 1 as shown below. Make sure to fill in all required dates and the zoning code section used for the citation. 10. Check the owner and mailing address in the lower right corner of Screen 1. If it is incorrect, enter the correct address. Correspondence and summons forms generated by Permits Plus Office Link will pull the information from that box. 11. Document any personal contact, site visit date, and other details pertinent to the inspection in the inspection module and the document pad. Keeping a chronological list of events in document pad is very useful. 128 12. Once e-form is complete rename it to the ZC# from the new activity (which should also be at the top of the e-form) 13. Put the renamed e-form in the “e-forms to upload” folder How to fill out a Zoning & City Code Violation e-Form: ZONING & CITY CODE VIOLATION e-Form APD# ZC120413 (get this # from Permits Plus) INSPECTOR NAME ORIGIN, DATES & LOCATIONS CANVAS DATE: COMPLAINT DATE: 4-12-13 INITIAL INSPECTION DATE: 4-12-13 POSTING DATE (Posting Optional): 4-13-13 TAX MAP # & OWNER INFORMATION Data from Manatron will go in this box. LOCATION (IF VACANT LOT) STREET ADDRESS REQ’D UNFOUNDED COMPLAINTS – ENTER REASON BELOW: TYPE OF VIOLATION: PARCEL ZONED AS: ZONING CODE RM-1 YES CITY CODE CODE SECTION: 36.2-311 INSTRUCTIONS TO OWNER: Please remove tires, scrap wood, auto parts and other junk from yard NOTES GRM MANATRON IMAGE (OFFICE USE ONLY) This box will change since Manatron has the most current real estate information 129 How to fill out Screen 1 in Permits Plus for a Zoning or City Code Violation: Administrative staff prepares and mails Notice of Zoning Violation The citation letter will be printed and sent to responsible party or parties If the letter must go to two or more different addresses make sure Jacqueline English is made aware of it If responsible party is someone other than the property owner a copy of the citation notice should also be sent to the property owner Take particular care when property owner is listed in Manatron under a corporate name. Research to ensure notice is sent to appropriate person, which often will be the registered agent Research State Corporation Commission records to find the registered agent 130 Inspector follows up on property after Notice of Zoning Violation mailed and received If the request is reasonable the inspector may grant an extension (medical problems, death in the family, etc.) Make sure any extensions are recorded on screen 3 of Permits Plus When final recheck deadline has arrived revisit the property If the propery is in compliance close the Permits Plus activity If the work is not done grant an extension if owner is working in good faith and making adequate progress toward compliance File a summons if there has been no progress or inadequate work has been done In the case of corporations, citation letters, any other correspondence and the summons should be filled out as follows: Amalgamated Incorporated c/o John Q. Smith, Registered Agent The best address for the agent (preferably a home address) Violations Covered in the Zoning and City Code Auxiliary Structures (Fences, Outbuildings, Retaining Walls, Carports, Sidewalks) Auxiliary structures generally require a zoning permit and in some cases a building permit. When a citizen visits the Development Assistance Center to obtain a zoning permit they will automatically be required to obtain a building permit if applicable. The following general guidelines (from Section 36.2-403) should be observed when answering citizen inquiries and citing such structures under the zoning code: Auxiliary structures are generally not permitted to be closer to the public street than the principal structure on the lot, though in some cases an exception may be granted if the front yard is unusually deep The cumulative square footage (the footprints) of all auxiliary structures on a lot may not exceed 75% of the gross square footage of the principal structure Manufactured homes, trailers, campers, motor vehicles, and mobile homes cannot be used as auxiliary structures (no zoning permit will be granted) An auxiliary structure may not be built on a lot upon which there is no principal structure even if that lot is adjacent to another lot with a principal structure and has the same owner. The parcels would have to be legally combined to form one parcel Auxiliary structures may not be used for human habitation Auxiliary structures may not be separately metered for utilties from the principal structure 131 Sheds with a footprint of 200 sq. ft. or less and unattached decks of 200 sq. ft. or under, not more than 30 inches above ground and not serving a required exit door do not need a building permit. Sheds and decks do require a zoning permit Retaining walls with less than 2’ of unbalanced fill do not require a building permit New sidewalks and driveways require a zoning permit but not a building permit The resurfacing of a driveway or sidewalk does not require any permit Fences may be built on a property line but it is not recommended because the fence then becomes property of both adjacent property owners. It is better to set the fence within the property line at least a couple inches to avoid future conflict Fences require a zoning permit If an auxiliary structure is under construction and no zoning permit has been obtained the inspector should send the property owner a citation letter, citing under Section 36.2-522(a)(1) and summons to court if necessary. A Stop Work Order may be used, but only if there is no building permit and one is required. Boarding Houses See “Overcrowding and Boarding Houses” section below. Business Enterprises In general, most types of businesses are not allowed in residential zones but are to be conducted in commercial or industrial areas. There are exceptions to this rule, in the case of beauty salons, child care businesses, or other endeavors that do not necessitate the coming and going of customers. These are referred to as “desk and phone” businesses. For a detailed explanation of the standards required for home businesses refer to Section 36.2-413(d) of the zoning code. Usually when Code Enforcement receives a complaint regarding a home-based business it is because noise, clutter, fumes, unsightly or excessive vehicles, or conspicuous traffic is causing a disturbance to neighbors. For this reason Section 36.2-413(c) specifically prohibits the following “home occupations” (in residential zones): Motor vehicle repair or service Machine shop Welding shop Metal working shop Cabinet making Furniture refinishing Escort service Landscape or lawn service operation 132 Contractor’s or subcontractor’s office or storage yard At times it is difficult to determine if a business is being conducted or if the activity is simply a hobby. This problem often arises in the case of auto repair complaints. Much noise can be generated by hobbyists working on their own vehicles but that, in itself, would not be a zoning code violation. Some tactics to consider in investigating and pursuing such cases are: Ask the home mechanic if he can produce titles to the vehicles being worked on Record license plate numbers and have them run by support staff Ask the complainant to provide specific documentation on the comings and goings of vehicles Talk to neighbors to see if they know whose vehicles are being repaired or if they have seen money change hands If possible cite vehicles on the lot under the inoperable motor vehicle ordinance. Under the ordinance not more than one inoperable vehicle may be stored within a privacy fence except if both vehicles are the same make and model and one is being used as a “parts car” for the other Cite any outdoor storage on the lot (auto parts, tires, auto bodies etc.) If vehicles are being spray-painted on a regular basis check with the EPA. If vehicles are being offered for sale report to the DMV. Under DMV code not more than five vehicles may be sold by a private individual in one year Commercial Vehicles Section 36.2-424 regulates the parking of commercial vehicles in residential zoning districts. Generally, such vehicles may not be parked in a residential zone for more than two hours at a time. Under the following circumstances a commercial vehicle is excluded from the ordinance: Vehicles being loaded or unloaded School buses and emergency vehicles (are exempt) Vehicles belonging to a legally non-conforming business Vehicles used by contractors engaged in active work on a property Tow trucks on the City Police Department’s “Towing List” (See Section 9C) Complaints should be addressed by citing the property owner under the above code, taking photographs of the vehicle and documenting, as much as possible, when and for how long it is being parked in the residential area. A complainant can be useful in gathering such information. The vehicle will have to be associated with a physical address in order for this code section to be used. Though zoning code usually only applies to private property, if it is known exactly who the vehicle belongs to then it may 133 be cited under this section even if it is parked on the public right of way. If the owner cannot be determined the Police Department may cite such vehicles on the public right of way under other City codes. Mud, Gravel or Debris on Streets Section 30-17 of City Code addresses this problem, however it is assumed to be the responsibility of the Streets and Traffic department. Noise Disturbances According to Section 21-207 of Roanoke City Code: It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, permit, continue or cause to be made, permitted or continued any noise disturbance, including those set forth in section 21-207 (which lists specific sources of noise, and specific times the noise can and cannot be made). At this time Code Enforcement is not equipped to deal directly with noise complaints. It is solely a police matter. However, it may be possible to eliminate sources of noise sources by citing inoperable vehicles, commercial vehicles, and/or auto repair or other businesses in residential zones. Businesses specifically prohibited are listed under “Business Enterprises” above. Obstructions Over Sidewalks, Streets, etc. According to Section 30-2 of Roanoke City Code: “It shall be unlawful for any person, without lawful authority, to obstruct any street, alley, sidewalk or gutter of the city”. This code section is most often used to cite a parcel for bushes or limbs that have grown out over a sidewalk or street. Complaints of basketball goals on the street should be referred to Phil Schirmer, 853-1292 or 537-8301. Overcrowding and Boarding Houses There are two ways to address overcrowding in a house or apartment since it could be either a Zoning Code or Property Maintenance code violation. Under the zoning code in Appendix A – Definitions a “Family” is defined as: One (1) or more persons occupying a single dwelling unit and living a cooking together as a single housekeeping unit. 134 A numerical limitation is placed upon a “Family” unit as follows: The word “family” does not refer to more than four (4) persons unrelated by blood, marriage, or adoption . . . This means is that as long as it cannot be proven that more than four unrelated individuals live in the house or apartment and they are living together as a family by sharing the kitchen, bathrooms, living room and other common areas then there is no violation of code. If the house or apartment is a rental unit a tenant may be able to produce a lease. If there are five names on it, for instance, and none of the people listed are related, then one of them would have to move out in order for the unit to be in compliance with code. Here are some living arrangements that would be acceptable under Zoning Code: A group of 3 persons (father, mother, child, etc.) who are related by blood or marriage + 3 others who are unrelated to each other and unrelated to the original 3 2 married couples who are unrelated to each other + 2 single individuals who are unrelated to the married couples and not related to each other 4 individuals who are unrelated to each other by blood or marriage If it appears that the dwelling is being used as a “boarding house” then unless the property is zoned RMF it would be considered a “non-permitted use” under Zoning Code and could be pursued as such by citing it under 36.2-311 (the use table for residential districts). Boarding houses are not permitted except by “special exception” in an RMF zone. There are only a few legitimate “grandfathered” boarding houses in the City. As long as the use as a boarding house isn’t discontinued for more than two years the operation may continue. Except in an RMF zone the right to operate a boarding house will be lost if the operation is discontinued for more than two years. Even in an RMF zone a new boarding house is only permitted by “special exception” which means that the proposal must be reviewed and accepted by the BZA (Board of Zoning Appeals) before the business may be undertaken. Boarding houses are not permitted in any of the other residential, commercial or industristial zoning districts. When inspecting an alleged boarding house operation look for the telltale signs of: Hasps and padlocks or deadbolts on bedroom doors Refrigerators and cooking appliances in the bedrooms Separate rental agreements for each person in the house or inability to prove that everyone in the unit is on the same lease 135 The Virginia Maintenance Code (VMC) also addresses the issue of overcrowding by setting forth square footage requirements for bedrooms and other living areas. These requirements are found in sections 404.4 through 404.6 in the code. The inspector would need permission to enter the premises and take measurements of rooms in order to enforce this code. Outdoor Storage “Outdoor Storage” is a broad term used to describe items stored in yards or in plain view on or under porches. Usually this citation is applied to the storage of building materials, auto parts, various personal items and furniture, or anything else being “stored” that creates an eyesore. The items being stored are presumed to have value as opposed to “trash”, which has no value. A trash citation should be used whenever feasible, since it will remedy the problem more quickly (and does not involve court) but only for yard areas and not for porches, or decks. If there is any possibility that items in the yard have value cite as outdoor storage instead to prevent legal repercussions. The Zoning Administrator has determined that if furniture on a front porch is being used by the occupants of a residence then it is not in violation of zoning code. For instance, no matter how unsightly it may be, a couch on a front porch that is being used to sit on may not be considered “outdoor storage”. On the other hand, if it can be proven that the couch is not being used to sit on, because it is stacked or covered with a pile of stuff, then it would be subject to the ordinance. Former Zoning Administrator Nancy Snodgrass issued the following memo in this regard: 136 The “Use Matrix” table in Section 36.2-340 of the Zoning Code provides information as to the “permitted uses” within each of the City’s zoning districts. Once the zoning of a parcel has been determined check the zoning matrix to see if outdoor storage is allowed. In all residential zones it is not allowed, so the storage should be cited. Outdoor storage is sometimes allowed in commercial areas and generally allowed in industrial areas. The zoning matrix will provide guidance for most situations. Parking In Front Yards Though it may seem at first glance that Sec. 36.2-654(a)(1) in the Zoning Code prohibits parking in an “unimproved” (unpaved) front yard, this section actually only pertains to new construction subject to a development plan. Therefore, if the property is not under development it is not legal for Code Enforcement to cite “front yard parking” as a violation. The Police Department may, however, issue a ticket for driving over a curb. If the vehicle(s) parked in a front yard are inoperable or have expired license plates or 137 inspection stickers they may be cited under the inoperable motor vehicle ordinance (see section 9B on Inoperable Vehicles). There has been some discussion of adopting a “Front Yard Parking” ordinance which would allow Code Enforcement inspectors and police officers to ticket vehicles parked on unimproved surfaces in front of properties. It is the City Attorney’s opinion, however, that the City does not have the authority to implement such an ordinance. Recreational Vehicles Parked on Private Property or on the Street According to Section 36.2-425 It is permissible to park a recreational vehicle (RV) indefinitely on private property as long as it is properly licensed, located no closer to the street than the principal building and not over 32 ft. in length or 9 feet in height. This means that a zoning citation may be issued to a property owner for allowing an RV to be parked in the front yard, as it would be “closer to the street than the principal building”. Zoning code was recently amended to tighten a loophole which allowed RVs to be parked indefinitely on the street in front of a house. This amendment is found at 36.2425(b) which reads: (b) No motor home, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which is used, designed, or maintained for the transportation of property for compensation or profit, shall be parked, stored, or left standing on any street or alley located in a residential district or in a CN or MX District, except for motor homes, recreational vehicles, or travel trailers which may be parked (10) calendar days within any three (3) month period. The pertinent part of this code change is italicized. If the trailer has been parked in the same spot for more than 10 days within a 3 month period, it may be cited under 36.2425(b). Sidewalk and Driveway Encroachments Section 30-9 of the City Code requires property owners to obtain permission for any “encroachments” into or upon a public street or alley right of way. Such encroachments are most likely to be “curb cuts” for a residential driveway or access to a business parking lot. The code requires that: 138 Sec. 30-9 Sidewalk and driveway encroachments . . . encroachments are constructed so as not to create an obstruction or safety hazard for motor vehicles or pedestrians. Such permits or licenses shall be revocable at the pleasure of the city and shall be conditioned upon the applicant’s agreement to indemnify and save harmless the city and its officers, empoloyees and agents from all claims or injuries or damages to persons or property that may arise by reason of any such encroachment. In other words, the City cannot be held accountable or liable for any injury or property damage resulting from a faulty driveway apron, parking lot curb cut or similar encroachment undertaken by a private property owner. If a property owner is in the process of constructing a curb cut or other similar encroachment onto City property and has not obtained a permit for the work a Stop Work Order may be issued, and the owner may also be cited under Section 36.2522(a)(1) of the Zoning Code for failure to obtain a Zoning Permit. Signs, Pennants, Banners, Balloons, etc., Basic Information Division 6, beginning with 36.2-660, of the Zoning Code provides detailed criterion pertaining to all types of signs that may (and may not) be installed for advertising purposes. The purpose of the “sign ordinance” is stated at the beginning of the chapter: Section 36.2-660: The purpose of this division is to permit the use of publicly visible signs in a manner that protects the public health, safety, and welfare. It is not the intent of this Division to suppress any activities protected under the First Amendment or to regulate the content of signs, but to enact a content-neutral ordinance which will address the secondary effects of signs. . .” Signs protected by the First Amendment to the Constitution of the United States are those that do not advertise a business, product or service but are generally political or religious or informational in nature, exercising a citizen’s right to “free speech”. Also exempted are state or national flags, insignias, certain directional signs, “open” and “closed” signs, commemorative markers, murals, and real estate signs advertising properties for sale or for rent. As long as such signs are placed on private property they are not in violation of City Code. If any sign is placed without permission in the public right of way, attached to utility poles or to any other municipal or state structure it is generally considered an illegal sign and may be removed by Code Enforcement. These are also called “snipe signs”. Inspectors are often called upon to reduce the clutter of these signs. Businesses are expected to adhere to the criterion of the sign ordinance when erecting new signs or expanding existing signage. Valid complaints for this type of sign should be addressed by citing the property or business owner, whichever is most appropriate under the circumstances. Sign violations are cited under 36.2-664(a): 139 36.2-664(a) It shall be unlawful for any person to erect, install, structurally alter, modify, relocate, or replace any sign or sign structure, except for those exempted signs set forth in Section 36.2-661(c), without first obtaining a zoning permit pursuant to this section. The refacing of a sign shall not require a zoning permit. A citation requires the responsible party to submit a plan for the sign, which needs to be approved by Permit Center staff before the sign can be legally erected. If a business or property owner fails to do this then the responsible party may be summoned to court for violating the zoning code per 36.2-664(a). Specific Types of Signs and City Code Sections Pertaining To Them Business Signs: 36.2-668 regulates the type and number of signs allowed for a business. Sign content is not regulated. One sign is allowed per street frontage except in a CLS zoning district. Directional signs should be less than 4’ in any dimension. See 36.2-661(c)(4) Construction signs: Same as real estate signs, except illuminated signs are not allowed. Exempt Signs: 36.2-661(c) defines which types of signs are exempt from the ordinance Feather Signs: 36.2-668. Usually these signs exceed the maximum height permitted for a temporary sign (6 feet). If not, a temporary sign permit would be required. Government agency signs are exempt from the sign ordinance. Illuminated Signs: Light must not spill over to adjacent lots or streets. See 36.2-666. Large Signs: Generally, In MX, and MXPUD districts larger signs are allowed. Political signs: There is no size or quantity limit. They must be removed within 10 calendar days after the election. Prohibited Signs: 36.2-663 defines which types of signs are prohibited. Public Right of Way: Permits for signs on City property are available through the Public Works department. This requires an “encroachment permit”, per Chapter 27.1 of City Code. Real estate signs: 1 sign is allowed per street frontage. In residential zones a real estate sign cannot exceed 6 square feet of surface area. Larger square footages are allowed in 140 non-residential and mixed use zones. See the table in 36.2-661(c) for square footage regulations on real estate signs in each zoning district. Refacing an Existing Sign: 36.2-664(a) says that a permit is not required for “refacing” an existing sign. Sandwich board signs are allowed in the downtown area only. They may be up to 4’ in height and 2.5’ width. Temporary signs are limited to being used twice in any given year, for up to 30 days each time. They are permitted to be up to 32’ wide and 6’ high. A sign permit must be obtained. See 36.2-673. Window Signs: Stores are not allowed to cover any more than 50% of their window area with signs. Snow on Sidewalks Normally complaints of snow on sidewalks are forwarded to the police department. Enforcement is based upon Section 30-16 of the City Code which states that it is the responsibility of the property owner or landlord to have sidewalks cleared of snow, ice, or sleet within three hours after a snow/ice event is over. Failure to comply is considered a code violation carrying a misdemeanor charge. Code Enforcement does not enforce this particular code. When there has been an unusual amount of snow (such as the winter of 2010) Code Enforcement may be called upon distribute printed snow removal notices to properties where snow on sidewalks needs to be removed. If the police must pursue a snow complaint they will inform a property owner that the sidewalk needs to be cleared and will generally follow up within 24 hours. By that time, most property owners have complied or are in the process of having the snow/ice removed. If they do not, Police have the authority to charge them with violation of Section 30-16. If a property owner cannot be located, the City of Roanoke may clear the sidewalk and charge the property owner for this service. Stop Work Orders (See “Stop Work Orders” section in Chapter 9) 141 Temporary Uses (Continuous Yard Sales, Portable Storage Containers, etc.) This section of the zoning code is most often used by Code Enforcement to address complaints on portable storage containers (also known as “Pods”) and frequent or continuous yard sales. The table in Section 36.2-429 sets forth the permitted duration for these and other temporary activities. For instance, the table stipulates that yard or garage sales are limited to 2 consecutive calendar days, during daylight hours, and there must be a three month interval between them. Portable storage containers are permitted as a “temporary use” and a zoning permit is required. In residential areas they are allowed to be placed on a lot for no more than 21 consecutive days, with a limit of one permit per any 6-month period. When A Zoning Permit Is Required According to Section 36.2-522 of the Zoning Code a zoning permit is required for any structure that is being erected, reconstructed, moved, demolished, added to, or structurally altered in any way. A zoning permit is also required for clearing, grading, excavating and a change of property use. Zoning permits are generally not required for the following work: Routine maintenance in which a structure or system is not being modified or altered Repaving or re-gravelling a driveway (without expanding the area covered) Installing vinyl siding (in non-historic zoning districts) Adding an extra layer of shingles to a roof Replacing a window (in a non-historic district) Standards are stricter in historic (H-1 or H-2) districts and a zoning permit will be required for some of the above work. If in doubt about permit requirements contact: Jillian Papa, Architectural Review Board Agent – 853-1522 Ian Shaw, Zoning Administrator – 853-1322 The Permit Center – 853-1090 The H-1 and H-2 Zoning Districts In order to preserve the original architecture of the city’s oldest neighborhoods two “Historic Overlay District” designations have been created, with regulations on structural alterations enforced through the zoning code. These districts are referred to as either 142 “H-1” or “H-2”. The historic districts are located primarily near or in the downtown area. Only building exteriors are subject to these regulations. Interior changes, while they may require building permit(s), are not subject to H-1 or H-2 criterion. To determine whether a property is in an historic district go to GIS, scroll down to zoning and directly underneath is a tab to click regarding the historic overlay. This will indicate if the property is H-1 or H-2. The H-1 district is primarily in the core of downtown while the H-2 district encompasses both residential and commercially zoned properties. Maps of these districts can be found on the roanokeva.gov website in the Planning Department section. Additionally, street signs are posted indicating the entrance to an historic district. When doing a repair order for a structure in a historic area the inspector should enclose an “In-Kind” repair form with the citation letter to the property owner. This form, ideally, should be completed by the owner if the repairs being completed will use the same materials and design as those used originally. However, there is no legal requirement that the owner complete the form. If a change in design or materials is being contemplated, provide the owner with a “Certificate of Appropriateness Application”. Some repairs in historic districts may require a building permit that normally would not be needed in other areas. Examples include: changing of windows, changing of siding or re-roofing. There are no regulations regarding paint color unless unpainted masonry surfaces are involved. In this case a Certificate of Appropriateness (COA) would be required before work is begun. The City’s Architectural Review Board agent (Jillian Papa) can do a “Staff Issued” Certificate of Appropriateness (COA) as long as one of the Architectural Review Board agents approves it. All forms are available on-line at the City’s website. The Preferred Outcome: Repair is usually the outcome being sought under ARB guidelines. However, if an imminent danger exists due to potential collapse of a structure, the zoning code does not prevent the Code Official from ordering a demolition under Section 36.2-530(b)(5). Inspectors should always discuss this with their supervisor before issuing a raze order. 143 Any owner seeking demolition as an alternative to repair needs to go before the Architectural Review Board for approval. Additionally the ARB agent may approve the demolition of an accessory structure that is less than 50 years old. Enforcement Options: If the work requires a building permit and has already been started a Stop Work Order may be issued pursuant to USBC Section 108.2, Exemption Exceptions, which reads: 108.2 Exemptions from application for permt. Not withstanding the requirements of Section 108.1, application for a permit and any related inspections shall not be required for the following; however, this section shall not be construed to exempt such activities from other applicable requirements of this code. In addition, when an owner or an owner’s agent requests that a permit be issued for any of the following, then a permit shall be issued and any related inspections shall be required. (the list of exceptions follows) If “In-Kind” repair work is being done the homeowner should be provided with an InKind Repair Form which should be returned to the city’s ARB agent who will offer assistance and direction. Bear in mind that it is not required for the homeowner to fill out this form as it is not addressed as a requirement in the City’s zoning code. No stop work order or citation is to be issued in these cases, except for roofs, windows or siding. If an alteration is ongoing or has taken place without approval in an H-2 area a citation needs to be issued pursuant to Section 36.2-530(b)1 or 36.2-331(c). Both of these zoning codes reference the requirement for a “Certificate of Occupancy”. If a violation has occurred in the H-1 district use Section 36.2-330(c) of the zoning code. When citing an historic property under the zoning code the phrase “Remove the violation or apply for a Certificate of Appropriateness” should be contained within the citation along with specific detail as to the nature of the violation. Once the Architectural Review Board (ARB) agent has received the request, the case will be placed on the ARB’s docket and scheduled for a hearing. A summons should never be issued during this process as the violation is “Stayed” until the entire review process, including available appeals, has been exhausted. If the applicant is dissatisfied with the ARB’s ruling they have 30 days in which to appeal the case to City Council. If unsatisfied with City Council’s decision the applicant has another 30 days to appeal to Roanoke Circuit Court. 144 If the ARB’s ruling is not reversed by City Council or Circuit Court and the appeal process has been completed then the owner has ten more days in which to submit an application for a Certificate of Appropriateness. During that ten days the inspector should contact the property owner to advise them that their appeal options are exhausted and to encourage them to submit their application. If no application is made then the inspector should issue a summons. During the entire process it is essential to keep the ARB agent informed of progress being made in the case (or the lack of progress). Normally, the ARB agent will enter Certificate of Appropriateness and In-Kind form documentation into Permits Plus. A Certificate of Appropriateness is valid for one year from the date it is issued and the time limit can be extended by the ARB or the ARB agent. To access a Certificate of Appropriateness go into Permits Plus under the parcel number and check within Office Link. Details of ARB meetings can be obtained from the Planning Department. See “Architectural Review Board” section in Chapter 8. 145 12. Court Procedures Basic Court Process The court process begins once all other means of achieving a compliance have been exhausted. The following list provides the general sequence of events from that point: A summons is printed from the template provided in Permits Plus, Office Link The summons is filed at the Magistrates Office The Magistrate sets a court date and arranges for the Police Department to deliver the summons The summons is delivered to the defendant The inspector receives a subpoena (with the date of court) Inspector checks the property before court to see if in compliance or not. If not in compliance take photos if possible Inspectors with court cases meet with the Commonwealth’s Attorney prior to Zoning Court to discuss the cases The case is heard in General District Zoning Court (usually the 1st and 3rd Thursdays of the month) The defendant is found guilty or not guilty If found not guilty by General District Court the same charge cannot be brought against the defendant again (this is called “double jeopardy”) If the property is not in compliance the defendant may be given more time by the court to correct the violation and the zoning court judge sets the case over to a later date The case is reheard depending upon progress toward compliance being made Either the property is ultimately brought into compliance or the defendant is fined by the court The defendant has the option of appealing to the Circuit Court or paying the fine (It is rare that an appeal to Circuit Court will be made) If appealed to Circuit Court the case will “de novo” (considered a new case) before a Circuit Court judge When a date is set for Circuit Court inspector revisits the property before court to gather the most recent evidence The setting in Circuit Court is more formal than General District Court so it is imperative to be well-prepared in such cases The decision of General District Zoning Court is either upheld or rescinded (rare) If rescinded the same charge cannot be brought against the defendant The process repeats until compliance is achieved or the property is sold 146 Dress Code For Court See Chapter 4, “Dress Code” section. What to Bring to Court The best way to prepare for court is to assume that an attorney will be representing the defendant. If the defendant has an attorney he/she will not be required to testify, therefore it will be necessary to have a copy of the deed to the property as well as a utility bill or some other document that ties the deed to the physical address. Most deeds do not contain the physical property address, but only the legal description of the parcel. A tax or utility bill will contain the address, as well as a legal description of the parcel. If the case has been filed for failure to obtain a building or zoning permit and an attorney for the defendant is present it will be necessary to have a “keeper of the records” present to testify as to the fact that no permit has been obtained. Check with the Permits Office to find someone who can fill that role. Otherwise (when an attorney for the defendant is not present) a copy of the Permits Plus activity list for the parcel will be sufficient. The inspector should bring the case file and code book(s) if it is likely they will be needed. Occasionally the judge will not be familiar with the code being enforced and will have to look it up for an interpretation. The case file should contain the following: photographs showing the code violation the citation notice letter and certified mail receipt (if available) the inspection report (if it is a property maintenance case) a chronological history of the case including any extensions granted and the basis for granting them, and documentation of any progress that has been made toward compliance any available notes on conversations with the owner, tenants, property manager or others associated with the case It is a good idea to use the initial and update court forms found on pages 144 and 145 of this manual. They can be copied and pasted into a MS Word document. A much stronger impression can be made on the court if witnesses can be found to testify on behalf of the City. Occasionally the complainant and/or neighborhood 147 advocates will be willing to back up Code Enforcement in court. Be sure to remind witnesses ahead of time so that they will remember to come to court. What To Do If Defendant Is Given A Court Order or Found Guilty If a defendant is found guilty and fined by the court for a code violation, but the violation has not been corrected, the inspector should file another summons if the case is not appealed to Circuit Court and pursue the matter until compliance is achieved. According to the court, the defendant must be granted at least a two week grace period in order to file an appeal before a second or subsequent summons may be filed. Occasionally the defendant will testify that a violation will be corrected and the court will grant a certain amount of time for this to be done. In this instance, the rescheduling of another court date will be subject to whether or not the defendant follows through. In this case it is important for the inspector to make sure the defendant’s promise(es) is kept and if not, to inform the Commonwealth’s Attorney if a case needs to be reheard. Court Presentation Tips From the City Attorney The following general recommendations were provided by the City Attorney: Be respectful of others Prepare each case as if an attorney will be supporting the defendant Consult with the Commonwealth Attorney prior to court on all cases. A meeting with inspectors is always scheduled before court for this purpose If supporting evidence is lacking, a defense attorney will seize the opportunity to undermine your case so be mindful to fully prepare your case(s) for court Appear well-groomed and professionally dressed (we want to look better than defendant) Answer questions specifically and directly without being evasive If you do not understand a question request for it to be repeated Adhere to facts of the case Do not editorialize the facts unless additional information is requested Make the judge want to hear what you have to say Be effective and persuasive Be credible and reliable Maintain the “high ground” Don’t be an “automaton” Don’t allow personal conviction or feelings/prejudices to affect presentation 148 Maintain an aura of impartiality and professionalism Think about each question “for a beat” before answering Stay calm (don’t allow defendant or witnesses to make you mad enough to say the wrong thing) Do not be a “donkey” in the field and an “angel” in court General District Court (GDC) is considered to be more “informal” than Circuit Court due to the fact that proceedings are generally not recorded (but they can be) and the court allows broader procedural rules and candid or pointed comments from the bench. Your role in the court is to: Testify as to the facts Tell the Court what has happened Be an expert for the Court State why the problem is a violation, neighborhood eyesore, safety hazard, etc. Describe how the problem may be solved The General District Court takes the following view of Zoning/Building Code cases: Charges considered minor High volume Defendants are generally straightfoward and use everyday speech The goal is complaince (not punishment) Defendants perceived to be innocent or credible (unless proven otherwise). The substance of codes compliance cases in view of the court is summarized in the following points that must be proved: The proper entity was cited The defendant owns the property There is a violation on the property Code Enforcement has done everything possible prior to court to remedy the problem Proof of the inspector’s contention may be provided by the following: A certified copy of the deed (and a tax bill or other document to tie deed to physical address) Pictures (dated) Documented personal observations Notes about conversations with the defendants Witnesses to the facts being stated Occasional witnesses to prove the absence of permission to do something 149 A copy of the written notice sent by certified mail or some other evidence (such as an affidavit) to attest to a mailing of the notice The judge will adhere to certain “rules of evidence” in making a decision. Usually “hearsay” is not allowed in court if it is offered into evidence to prove the truth of a matter. However, in some cases hearsay, such as a direct admission by the defendant to the inspector, may be used in court. Any records that are presented as evidence must be authenticated. Everything presented by the City inspector must support the theme that we have already exhausted all means possible to bring the property into compliance. Remember: “To be persuasive we must be believable; to be believable we must be credible; to be credible we must be truthful.” Edward R. Murrow. Useful Information Sheets For Court The following sheets may be copied and used to consolidate all basic information for a case in one place. They may save you from thumbing through a file folder during testimony: ZONING COURT INITIAL HEARING Property Address: Owner: Deed to Property: Yes No Use: Owner Occupied Vacant Rental Other (Specify) Initiated because: Tenant Complaint Other Complaint Citizen Complaint Observed Violations: Pictures Enter Text here. Notification Process: Notice of Violation Mailed via Regular Mail: Notice of Violation Mailed via Certified Mail: Notice of Violation Posted on the Property: Completion deadline Given: Date 150 Date Criminal Charge Filed: Yes Copy of Notice of Violation: No Pictures State of Property Today: Enter Text here. Communication with owner: Cooperative Infrequent None Uncooperative Verbally Abusive Threatening Aggravating Factors: Safety Concerns Multiple notices of violation on the same property Other Multiple Convictions ZONING COURT CASE UPDATE Property Address: Owner: Use: Owner Occupied Vacant Rental Other (Specify) Notification Process: Notice of Violation Mailed via Regular Mail: Notice of Violation Mailed via Certified Mail: Notice of Violation Posted on the Property: Completion deadline Given: Date Criminal Charge Filed: 1st Deadline established by The Court: 2nd Deadline established by The Court: 3rd Deadline established by The Court: Violations and State of Property Today: Date Pictures Enter Text here. Communication with owner: Cooperative Infrequent None Uncooperative Verbally Abusive Threatening 151 Aggravating Factors: Safety Concerns Multiple Violations Disobeyed Court Order Other (Specify) Multiple Convictions Slow or No Progress What to Do If Absent on the Day of Court When you have scheduled time off on a court day please arrange for your supervisor or another inspector to cover your court cases or make arrangements to have the cases set over to another date. This can be accomplished by visiting the clerk’s office two weeks prior to court date. It is a bad reflection on the department if a case is called and the inspector is not present to provide an update. If the case is new (has never been heard before) it can be continued to a later court date but if it has been previously heard it should be given to another inspector for resolution. Obtaining A Court Docket and Other Court Information The most up-to-date and reliable source for a docket is the Clerks Office on the second floor of the City Courthouse. You may go there in person to obtain a docket or call 853-2361 and arrange to have it faxed. On-line dockets (plus other court information) is available at: http://www.courts.state.va.us/courts/gd/Roanoke_City/home.html 1. To access the docket area, on the home page click “General District Court Information” on the right side of the screen. 2. On the next screen, for security purposes you will have to type a number into a box 3. At the top choose Roanoke City General District Court again from the pull down menu 4. Enter the court time in this format: 0200PM and the date in this format: 12/17/2009 5. Click on “search” and the docket will appear It is possible that dockets obtained online may not show all of the cases. This is most likely to occur with those cases that have been continued from a previous court date. Another on-line link that will put you directly into step number 2 above is:to the Virginia http://epwsgdp1.courts.state.va.us/gdcourts/caseSearch.do?index=index When in court always remember to note re-hearing dates and enter them on your calender as occasionally even a docket obtained directly from the Clerks Office will fail to show all cases and only the docket obtained at the last minute by the judge will be correct. 152 Obtaining An Inspection Warrant General Guidelines An inspection warrant is not the same as a search warrant since the inspector must first request permission to enter the property, whereas a search warrant does not require any permission for entry. No warrant is necessary if consent for an inspection is obtained from the owner, tenant or custodian of a property. In order to obtain a warrant you must first have a refusal of entry from the person(s) responsible. Refusal of entry cannot be assumed and must have taken place. If the owner is an LLC make sure it is an active corporation by checking the State Corporation Commission website at http://www.scc.virginia.gov. In that case the name of the corporation and its registered agent would be listed on the affadavit form. If the corporation is inactive, use the property owner’s name. For unusual ownership scenarios consult with the City or Commonwealth Attorney. The inspector obtaining the inspection warrant is referred to as the “affiant”. The affiant must be the one signing for and personally presenting the inspection warrant. If consent to enter the property is not obtained, proceed as follows: Prepare an affadavit of probable cause for submission to a judge or magistrate. It must contain: a) a particular description of the place to be inspected and b) a particular description of the purpose of the inspection. This description of purpose is the demonstration of probable cause and is sufficient if it does either of the following: 1. Describes specific circumstances of a particular violation, and/or 2. Satisfies reasonable administrative standards with respect to the particular property to be inspected, and that the standards are being applied to a particular property in a neutral and nondiscriminatory manner. 3. If an inspection during normal hours isn’t possible, write on the affadavit why it must be inspected after hours. 4. Make sure the affadavit references the code section(s) from the VA USBC or the City Zoning Code that applies to the situation. If there is no physical evidence of probable cause it is best to have the Commonwealth attorney review the affadavit before proceeding or risk having it rejected by the magistrate. 153 It is permissible to fill out the affadavit by hand. It does not have to be typed. Once the affadavit has been completed present it to the magistrate who may question you under oath regarding the requested inspection warrant. Assuming the magistrate grants the warrant, make sure it is in proper form. It must be: 1. an order in writing 2. in the name of the Commonwealth 3. signed by a judge or magistrate 4. authorizing the code official to conduct an inspection The warrant must also include, in readily understood, non-legal language, an accurate description of: 1. the premises to be inspected 2. the purpose of the inspection which may be either: a) a description of the specific circumstances of a particular violation, and/or b) the satisfaction of administrative standards with respect to the property to be inspected. Make sure to obtain at least four copies of the warrant for: 1. Original – goes to the court (magistrate file) 2. First Copy - Attaches to the original of form DC-391 (building inspection affadavit) or DC-801 (zoning affadavit) 3. Second Copy – same as #2, to be left with the custodian of the place inspected 4. Additional Copies – for inspector’s file, etc. If the magistrate is unfamiliar with these forms they are stored in the “PM Inspection Warrants File”. Forms To Use Some forms for obtaining a warrant are available online at www.courts.state.va.us/forms This will access the Virginia Judicial System’s webpage. Click on the “General District Court” heading at the top. Directly under the main heading look for “Forms and Instructions Available for Completion Online”. Click on Criminal. This will bring up a list of available forms. These forms may be filled out online and printed, but they cannot be saved online. They may also be saved to your computer as a PDF file. 154 For a warrant on zoning matters use form DC-801. For a property maintenance inspection use form DC-391 (if available online). Your supervisor or the magistrate will also have copies of these forms which may be filled out by hand. Following is a sample form which was filled out online and printed: If Entry Is Refused, Even With the Warrant If the individual who owns or manages the property continues to refuse entry, even though the inspection warrant is presented to the custodian of the property, return to the magistrate and obtain another warrant for their refusal to comply with a court order. This summons will be addressed directly to the owner of the property (or the registered agent of a corporation). The court will then decide on the particulars of entry and levy fines if appropriate. 155 What To Do Once The Inspection Has Been Completed The warrant form should be completed, to include the following information: 1. Time and date the warrant was executed 2. Name and title of the inspector 3. Summary of what was found during the inspection 4. A copy of the order or violation notice should be attached to the warrant Return the form and attachments to the magistrate who should sign, date and file it. Additional Inspection Warrant Details The judge or magistrate will not help with preparation of the affadavit. If the judge or magistrate believes it does not show probable cause, he will tell the affiant that there is insufficient proof. The judge or magistrate will not rely on additional oral information provided by the affiant, but insist that the affiant put additional information in writing by including it on the affidavit. Inspectors should consult the commonwealth attorney if assistance is needed in preparing the form. In completing certain data elements, additional sheets of paper may be needed to provide a complete response. When that situation arises, a copy of each additional sheet must be attached to each copy of the affidavit. On the front of the form use the business address of the applicant if the applicant is a government employee. 156 13. Technology Issues and Systems The “Help Desk” Before Calling the Help Desk If your computer isn’t responding do a “hard reboot”: turn the computer off completely (not just restart). This may require unplugging the computer if it will not respond to keyboard commands. Are your applications (Lotus Notes, Word, etc.) locked up or responding slowly? If so try closing all open applications and then restart them. Do not have lots of applications open at once. Remember to follow all security prompts, such as changing your password when asked Think before deleting anything If You Must Call the Help Desk - Formatted: Bullets and Numbering The staff of the Department of Technology (DOT) has provided the following list of information they may need if you call the Help Desk for assistance with computer problems. To reach the Help Desk call extension 2144. Your name Your phone extension Model number of computer, printer or other device Serial number To find it 1) Go to Start 2) >Type: “cmd” 3) Click “OK” 4) Type: “ipconfig / all” 5) press “Enter” (you should see the “host name”) Error message Detailed description of the problem Check to make sure nothing is unplugged When was the last time it worked correctly When was the last time you re-booted Ask the users around you if they are having the same problem Before Calling Help Desk For A Copier Problem Make sure to have the copier model number ready Know the location of copier – floor and room number Be able to describe the problem precisely 157 Manatron and Geographic Information System (GIS) The Manatron system provides the most up to date parcel ownership information available. It is accessible by clicking on a blue Internet Explorer desktop icon, with the words “Manatron GRM login” underneath. If this logo is not available DOT can install it. To access the system a login code and password must be entered. Other useful information, such as property tax status and chain of title is available on the system. The “GIS” system, accessible to the public through the roanokeva.gov website, is updated less frequently than Manatron. To access it from the City site simply click on GIS – Real Estate in the blue area at the bottom of the main page. Once in GIS it is possible to search for any property in the City of Roanoke either by physical address or tax map number. Each listing contains information on ownership, lot size, zoning, particulars on any structures on the property, zoning “overlay” information (if the property is in an historic or conservation district), tax assessment, last couple sales prices etc. There is usually a photo of the property available, and a map will appear on the right side of the screen showing the lot in orange along with the surrounding lots and streets. GIS is most often used by Code Enforcement in determining ownership of a parcel if a citation must be done. However, GIS information is not always up to date and therefore it is also necessary to use the Host System for further verification of ownership. The Host System The “Host System” is an older database that was in use regularly prior to GIS. It is still maintained, but seldom required. Most of the information from it is being transferred to newer systems, but it may contain some useful data (if not yet transferred to Permits Plus). DOT can install it on your computer, if desired. Suite Response System (Respond) The City’s “SuiteResponse Service” system (unofficially known as “Respond”) is used by employees to enter and track a high volume and variety of complaints from citizens, civic groups and businesses. All complaints entered are stored in the Respond database which makes it relatively easy to track the history of complaints on a given property. Citizens have access to Respond on the Internet and for that reason, as well as to make it easier for other employees to quickly interpret the status of an issue, the following procedure should be used when “responding” to a complaint: 158 1. Upon receiving a Respond complaint by e-mail please verify “ownership” of the issue. If it is in another inspector’s zone you should forward the e-mail as soon as possible. Timely handling of these complaints is a priority. 2. If you are going to be out of the office for more than a couple days please inform your supervisor or make arrangements for another inspector to handle your Respond issues. 3. You have 48 hours to inspect the issue and change the “status” 4. If no violation is found change the status to “closed” and type in “no violation found” in the description pad 5. If a violation is found click on “Add Action” and then the “Actions” tab which will insert standard text that reads “Violation cited continued on PermitsPlus. To visit PermitsPlus, go to www.roanokeva.gov/permits.” It is possible to add more text underneath that standard text if required to describe the situation. 6. If there is a violation but you have decided to allow the owner/responsible party a few days to remedy it rather than citing immediately change the status to “pending” with no explanation. Sometimes “good will” is effective with code violators but please be sensitive to the fact that complainants and other concerned citizens expect us to cite violations as soon as possible rather than assuming that a phone call or conversation in the field will remedy the situation. At times the friendly, unofficial approach can prolong a problem and lead to complaints that Code Enforcement is not doing its job, or practicing favoritism. 7. Once the “Action” is added the Respond issued should be closed, and a comment entered such as “Cited 2 inoperable vehicles”, “Cited weeds and trash”, “Cited outdoor storage” or “Cited structure for exterior violations.” 8. If a phone number has been listed in the complaint the inspector should call to let the citizen know what is being done. If the complainant has listed an e-mail address it may be used instead of the phone call. Whenever an entry is made in Permits Plus by the inspector it will automatically generate an e-mail alert to the complainant. 9. If an issue cannot be inspected within 48 hours due to extenuating circumstances (not the #6 scenario) change the status to “pending” and provide an explanation. Permits Plus Getting Started with Permits Plus Inspectors are required to enter information on all of their zoning, property maintenance, rental inspection, and graffiti citations in Permits Plus. Weed/trash and inoperable motor vehicle citations are entered by secretarial staff after the activity has been initialized and upon receiving an e-form from the inspector. 159 Comment [CoR1]: Zoning is entered by administrative staff. Verify the owner’s mailing address in the Permits Plus database with a cross-check to Manatron. If there is a disagreement in the databases on the mailing address it may be necessary to send the citation to each possible address, or to do more research to uncover the correct address. If the property owner has been cited before check under previous citations to see what mailing address was correct. Other strategies are to ask other inspectors what they may have on file, or check in GIS to see if the owner has any other properties and check under each property listing to see if you can find a useful mailing address. Naming Documentary Photo Files Before entering any photos into Permits Plus make sure they have been saved first in a Microsoft Word format. A PDF file format is also permissible for other supporting documentation. If possible, do not import JPG files directly into Permits Plus as they require too much storage space. They may be placed on a template. In order to prevent confusion and standardize please give each photo file you create a file name that conforms to the following identification scheme: Initial Inspection Photo: ipic address OR ipic tax map # OR ipic activity # Re-Inspection Photo: rpic address OR rpic tax map # OR rpic activity # Additional Re-Inspection Photo(s): r2pic address OR r3pic tax map # OR r4pic activity # Final Inspection Photo: fpic address OR fpic tax map # OR fpic activity # Multiple photos should ideally be placed into a template, which would allow up to six photos on one 8-1/2 x 11 page. At the top of the template put the date the photos were taken, inspector name, a brief description and the property location. Two, three, four and six photo Microsoft Word templates are available and can be emailed to you if you cannot make your own. If it becomes necessary to produce two or more photo files at the same time in order to accommodate a large volume of photos please label them as follows: Ipic address-2 OR fpic tax map # -3 OR r2pic G0090006-2 It is OK to add more information to the file name as long as it starts with the above text, such as: ipic 2000 Sublime St. outdoor storage OR fpic 35 Shady St., SW inop 5-20- 2010. The basic idea is to identify the file so that anyone on staff can easily determine what it represents. 160 When “Hard Copy” Photos Need To Be Printed One of our department goals set forth in the Strategic Business Plan (see Chapter 2) is to go “paperless” as much as possible. There are, however, times when printouts of photos are required, as indicated below: Line of Business Photo Printing Required Inop. Vehicles Re-inspection photos to send to Tower Weeds Re-inspection photos to send to Contractor Initial photos on 2nd Violations to sent to Contractor Zoning Any photo that Inspector wishes to send to Owner. Be sure to let Support know the photo should be mailed to Owner since most Zoning photos are not mailed. Graffiti Re-inspection photos to send to Graffiti Contractor or Volunteer group. Any photo that Inspector wishes to send to Owner. Be sure to let Support know the photo should be mailed to Court Owner. Any photos to be used as evidence How to Import a Photo File into Permits Plus Once the file is ready open the Permits Plus activity you wish to save the file to. Open the “Office Link” tab for that activity. Click on the file type in the right box (usually Microsoft Word). Click on the “Import” button and “browse” to the location of the file you wish to import. Find the file, click on it and press “OK” The “Importing File” box will come back up showing the name of the file you’re importing. If this is the correct one, click “OK” but if not “Browse” again and search for the correct file. The document should now be in the “Office Link” area of the Permits Plus activity. 161 Permits Plus Status Categories and When To Use Them Unfound and Void Statuses UNFOUND This status should be used when the inspector investigates a complaint but finds no code violation. If not used, then the inspection will be uncounted when statistics are run. VOID Use only when an activity has been opened erroneously, or the citation is already covered in another later activity. To be used sparingly. Graffiti Complaints CITED Notice has been sent (this is actually misspelled in P.P.) CLOSED Graffiti removed or painted over INITLIZE Complaint given to inspector Inoperable Vehicles APPEAL In the appeal process CITED Notice has been placed on vehicle and sent to property owner CLOSED Violation has been abated Property Maintenance / Rental Unit (Categories Used By Inspectors) APPEAL In the appeal process (rarely used) CERTIFCT Certificate of compliance has been issued. Only used in rental inspection areas. INACTIVE This status may be used for both non-residential and residential properties Property must be vacant and secure There MUST be no exterior violations There MAY however be interior violations Monitor the property to verify that it remains vacant with no exterior violations 162 To document the inspection: Record in the inspection (INSP) module of Permits Plus. In the document pad date and write (at least): remains vacant and secure with no exterior violations. NofUS Notice of unsafe structure. This status has four sub-categories: CONDEMND Unfit for habitation. Must be placarded, vacated and secured Raze / Repair Structure must be demolished and removed, or renovated Raze Structure must be demolished and the debris removed Secure Structure must be secured to prevent entry through doors, windows or other openings. Also referred to as “board-up”. NOTRENT Property is owner-occupied and no part of it is used for rental REPAIR The property has been inspected and a repair order has been issued SUMMONS Summons has been requested VACANT This status is used specifically for residential properties in the RIP zones If the property is not in a RIP zone or is commercial do not use this status The property must be unoccupied and have no known code violations The owner must state either orally or in writing that the property won’t be rented Do not use this status if there are any orders on the property. Instead, use the status specific to the order (Repair, Notice of Unsafe Structure, etc.) Do not use this status if the property is owner-occupied. Instead use NOTRENT Do not use this status if the owner says they intend to rent the property, or if you find that it has been rented (without the owner informing us) Be sure to check the property periodically to make sure it is still unoccupied as there is a possibility the owner may try to rent it and not inform us Each time you reinspect the property: Check GIS and Host to make sure ownership has not changed. Update the inspection module – use CAPP, Code: Approved Go into the “document pad” and write a note ,date it and say (at least) that the property remains vacant, secure and has no exterior violations Use CAPP, Code: Approved. 163 Property Maintenance / Rental Unit (Categories Used By Support Staff) 2NDLTR 2nd letter sent for rental certificate renewal 2YRLTR 1st letter sent for rental certificate renewal EXEMPTN Exemption from rental inspection INITIALZ Code enforcement activity has been started RAZED Structure demolished RIPREFSD Rental inspection refused SCHEDULE Inspection has been scheduled TENVIOL Tenant violation UNITDEL Unit deleted VAC/BRD Vacate and secure Weeds and Trash APPEAL In the appeal process CITED Notice has been sent COMPLETE Violation has been abated and all paper work has been filed COMPLIED Violation has been abated NONOTICE No notice sent WRKORDER Work order, contractor has been given contract to abate violation Zoning Complaints APPEALED In the appeal process CITED Notice has been sent to owner 164 CLOSED Violations have been abated and case has been closed COMPLIED Violations have been abated SUMMONS A summons has been requested, violations have not been abated Accessing a Certificate of Occupancy in Permits Plus Enter issue by using parcel number (not street address) Go to “locks, holds and notices” Go to “import documents” APD # pulls up all permits, and stand-alone C.O.s Go into building permits and import documents Getting Help With Permits Plus Technical Problems For technical support with Permits Plus contact Robert Durant, 853-2106. How to Set Up Multiple Units For One Property In Permits Plus This procedure is usually done by support staff but the steps are as follows: 1. Still in Attachments, click the arrow in the “Type:” and choose what type of unit is to be added 2. Enter the address for the property as usual when setting up a new activity. 3. Click on the “Toolbar” icon below the address. The “Address Maintenance” box will appear. 4. Click the “Attach” icon with the red house in it. The “Attachments for Addr:” box will appear. 5. Click “Add New” in the lower right hand corner of the Attachments box. 165 14. Other Departments, Agencies, and Utilities Appalachian Electric Power To request a power disconnect for condemnaton or get information on a particular unit call 1-877-816-7247, the AEP order hotline. For shoes on telephone lines: Copy this template, fill in and fax to 304-562-4578. FAX TO: AEP CITY OF ROANOKE CODE ENFORCEMENT ROANOKE, VIRGINIA FAX (540)853‐6597 FAX: (304)562‐4578 FROM: INSPECTOR NAME, Codes Compliance Inspector5 (540)000‐0000 EMAIL: XXXXXXXX DATE: XXXXXXX RE: REQUEST FOR SERVICE Can you please have someone remove the shoes that are hanging from the power line at the following address: Xxxxxxxx xxxxxxxx THANK YOU Other Useful AEP Numbers: Ben Bradburn - mows grass on AEP property - 797-7124 Main number - call when ready to have meter hooked up - 800-956-4237 Work order for unsafe meter - 1-800-956-4237 166 Burned out street lights - 1-800-956-4237 Local Fax – 427-3701 Another contact for shoes on telephone lines: Jim Hines, Manager, Distribution Support, Office: 540-427-3769, Cell: 540.520.7922 [email protected] Clerk of Courts To obtain a docket for zoning court or for general information contact General District Court at 853-2361. Code Team The City’s interagency “Code Team” was formed to address nuisance and derelict properties where multiple problems exist that cannot be handled by a single agency. With representatives on call from Code Enforcement, the Police Department, Animal Control, Social Services, Fire-EMS, Building Inspections, Alcoholic Beverage Control and the Department of Environmental Quality the Code Team is uniquely equipped to pursue remedies to situations where there is a mixture of building maintenance or fire code violations, eyesores, illegal activities, unauthorized business activity and sub-standard housing. The Code Team is coordinated by a part-time Codes Compliance Inspector in the Code Enforcement Division. Referrals to the team come from the participating departments as well as citizens and neighborhood groups. The Code Team also works hand-in-hand with the Commonwealth Attorney’s Office to bring the owners of such properties to court and enforce compliance with various City codes. Recognizing that crime tends to increase in neighborhoods where eyesores and nuisances go unchecked, the Code Team is a valuable asset toward cleaning up problem properties that degrade neighborhood quality. For more information on the Code Team please call 853-2344. 167 Economic Development Contact Lisa Soltis at 853-1694 for outdoor dining applications or any problems associated with outdoor dining, such as handicap access. Fire and Emergency Medical Services (Fire EMS) The “Fire and EMS” Department exists to protect and preserve the lives and property of residents and visitors of the City of Roanoke from damage or loss due to fire, medical emergencies, environmental hazards and traumatic accidents. The main fire station is located at: 713 Third St., SW, Roanoke, VA 24016. Fire EMS Main Phone Number - 853-2327 For emergencies enter these three numbers - 911 To schedule a Tour or Fire Truck Visit - 853-5785 Smoke Detector Information: 853-5785 Child Safety Seat Install Appointments: 853-5785 Fire Marshal's Office: 853-2795 Emergency Management: 853-2426 Fax Number: 853-1172 E-mail Address: [email protected] Office Hours: 8:00 a.m. - 5:00 p.m., Monday - Friday Hours of Operation: 24 hours/7 days a week Housing and Urban Development (HUD) Contact Jasa Snyder for mowing of HUD properties – 614-415-5970 Lead Safe Roanoke Lead Safe Roanoke provides “remediation work” to older houses where children under the age of 6 reside. Young children are the most susceptible to health problems as a result of ingesting lead dust or chips. This work generally involves repainting areas or replacing components (primarily doors and windows) in which lead-based paint is chipping or flaking. Occasionally LSR will engage in a small amount of carpentry to complete a project. LSR is funded with federal grants, making approximately 50 houses per year “lead safe” for the children. For more information on this program contact: Ann Weaver or Marla Robertson – 853-5862 168 Parks and Grounds Mike Stevens, Urban Forestry – 853-5958 Parks – 853-2236 Police Department The Police Department divides the city into four quadrants, each with an assigned “Community Resource Officer” (CRO). These officers focus on a variety of issues, with the goal of improving the quality of life and business in the city. The contact phone numbers are as follows: Zone 1 (SE) J. T. Rogers Kenny Johnson 520-5192 Zone 3 (SW) Chris Hamilton 525-8314 Zone 2 (NE) Zone 4 (NW) Billy Wood 765-7101 871-0654 (personal phone) (personal phone) (personal phone) (personal phone) Zone 1 is all property east of the Roy Webber Expressway to the city limits, south of the railroad tracks to the city limits and greater downtown. Zone 2 is all property east of the Roy Webber Expressway to the city limits and north of the railroad tracks to the city limits. Zone 3 is all property west of the Roy Webber Expressway to the city limits and south of the railroad tracks. Zone 4 is all property west of the Roy Webber Expressway to the city limits and north of the railroad tracks to the city limits. For dangerous dogs or other animal nuisances contact the Police Department’s Animal Control at 853-1690. Roanoke Gas Company The Roanoke Gas Company will provide information on the availability of gas service at properties within the city. They can be reached at 777-4427 or 777-3914. 169 Solid Waste Department For trash and bulk pickup schedule call 853-2448 Billy Basham – Central business district David Twig – bulk and brush collection Kenny Lang – SE and SW complaints Eddie Epperly – NW and NE complaints Mike Jones, Transportation Dept. – 400-2584, 853-2291 Cuts vegetation in alleys where there is regular trash pickup Bulk consists of couches, chairs, bedframes, water heaters, bags of trash, toilet, etc. -will remove up to 6 pieces per week per residence. Bulk is NOT picked up at vacant lots. Two tires a week, can be placed with the trash outside of the can (not in can), with or without rims Brush of up to 3” in diameter up to 4’ lengths will be picked up bi-weekly Building materials such as drywall, concrete, dirt waste, concrete will not be picked up Roanoke Valley Resource Authority allows 20 pickup truck loads per year to be dumped at the Hollins Rd. facility. Afterward Skip Decker can approve a dump permit, for instance if someone has passed away. This can be done up to four times per year. If there is to be a “set out” (eviction) give Solid Waste 24 hour notice and up to 6 pieces of bulk will be removed. State Corporation Commission – SCC The State Corporation Commission maintains a database of corporate officers and registered agents for Virginia corporations. This information is vital when citing a property owned by a corporation. See Section 3Dk for particulars on how to fill out a summons for a corporate-owned property. The SCC may be contacted at: 800-552- 7945. It is possible to obtain registered agent information at www.scc.virginia.gov by using the following steps: 1) go to main page at www.scc.virginia.gov 2) put cursor on Business Entities/UCC tab at top and click on “Office of the Clerk” 3) click on “Entity Search” found in the column at the left 170 4) click on “Clerk’s Information System (CIS)” in paragraph labeled by the same name 5) click “Name Search all Entities” on the CIS Access Home Screen 6) enter the corporation’s name in box labeled “Enter Starting Entity Name” 7) press “enter” on keyboard 8) a list of possible matches will be found and displayed as shown below 8) click inside of the box next to the “Entity-IC Number” at left, of the best match 9) press enter 10) the “Corporate Inquiries Menu” will appear. Click on “Registered Agent” 11) if there is a registered agent, his/her name and address witll be listed The SCC screen should look like this following illustration after completing Step 8 above: 171 172 SCC screen should look like this after completing Step #10 above: 173 If there is a registered agent, the screen after Step #11 will look like this: 174 Tax Sales Additional information about the Tax Sale and the Bidder Qualification Program is located on the city's Web site at www.roanokeva.gov/taxsale. For more information, call Dana Long at 853-2880. Virginia Department of Transportation (VDOT) To get grass cut on VDOT rights of way call Scott Pittman, 434-856-8243 or e-mail him at [email protected]. Western Virginia Water Authority The Western Virginia Water Authority will provide information on the availability of water and sewer service at properties within the city. Various contacts for the WVWA are: [email protected] Diane (help desk) 853-5761 or 853-5700 Jody Jones – 853-5733 Tommy Shaver – field inspector - 537-5894 Utility Services - 853-2513 Travis Lane – Water Distribution Manager (covers maintenance) - 853-5772, 400-5450 Phil Martin – can resolve some maintenance issues (weeds, etc.) – 853-5355 175 15. Charities and Resource Agencies The following is an occasionally updated list of charities and agencies that may be able to assist renters and property owners in residential repairs, restoration of utilities, emergency housing, counseling and more. Call 2-1-1 or go to www.211.virginia.org Provides information and referrals to a broad range of services, including: emergency fuel assistance, legal advice, counseling, disaster services, housing resources and financial assistance for housing, emergency shelter, services for veterans and senior citizens Cafe 2 Provides home energy assessments and is able to assist homeowners in securing funds for weatherization and installation of energy efficient appliances, 540-260-3494, http://www.cafe2.org Commonwealth Catholic Charities May be able to help with utility bills, but does not have funds available for deposits, 342-0411 Community Housing Resource Center Works with several agencies to prevent homelessness by providing housing and financial assistance to individuals and families, 540-266-7551, www.chrcblueridge.org 1502 Williamson Rd., Suite B, Roanoke, VA 24012 Energy Efficient Home Rehabilitation Program Provides loans to help improve residential properties in the core of the City. Carl Kleinhenz, Housing Specialist, Fair Housing, or Chakira Oliver, Assistant, 853-5647, Fax: 853-6597 215 Church Ave., SW, Room 162, Roanoke, VA 24011 Freedom First Credit Union Has funds available for weatherization and energy upgrades plus a program for condemned, owneroccupied properties, 540-378-8922, 866-389-0244 (toll free) Dave Prosser, Vice President of Community Development, [email protected] 5240 Valleypark Drive, Roanoke, VA 24019 Fuel Assistance Program Social Services Department, City of Roanoke, Kathleen Barnes, determines eligibility – 853-2591 Furnace Repair or Replacement Social Services, 1510 Williamson Rd. (old Sears Bldg.), 3rd floor People with last names A-F call Sabra Bratton – 853-2404 People with last names G-Z call Kathleen Barnes – 853-6388 Helping Hands A volunteer-run service that can provide up to $30 toward rent or a security deposit. Requires that the applicant already be working with another charity. Call Diane at 366-2490 for more information. League of Older Americans (for people over 60) Has a list subsidized senior housing, sends a case manager – 345-0451 Presbyterian Community Center Emergency financial aid to people behind in their rent or utilties. Also has a food pantry. th Come to front desk at 1228 Jamison (at 13 St.)Open M - Th, 9:00 -11:30 a.m. and 1 - 2:30 p.m., 982-2911 Reach A statewide group using youth groups to perform repairs or renovations on sub-standard houses on an “as needed” basis. The young people are given instruction by supervisors on how to perform the work. It is a learning experience for them and a benefit to the homeowners whose houses are being revamped. Josh Howard, Director, 757-567-0389, [email protected] 176 Rebuilding Together Provides emergency renovation work to older homes, P.O. Box 4532, Roanoke, VA 24015 [email protected] John Leftwich, Project Manager, 266-0280, 293-9213 or 352-0097 (cell) Edward M. Murray, Executive Director, [email protected] (h) 540-489-3756, mobile 798-0901 Alan McClellan, Operations Chairman, [email protected] (h) 334-1442, Pam Scott, Supplies and Materials Coordinator, 483-5600 Red Cross Will assist in finding emergency housing, 352 Church Ave., SW, Roanoke, VA 24016, 540-985-3535 Rescue Mission Provides emergency shelter and meals for those who would be homeless otherwise. www.rescuemission.net, Molly Counts - 777-7661 or 343-7227 Roanoke Valley Baptist Center Works with Ed Murray of Rebuilding Together and various churches, general remodeling, bathrooms, etc. Pat Carter, 342-8452, 330-6263 Salvation Army Funds households who need assistance with utilities or have received eviction notices. Call for an appointment at beginning of month and bring termination notice(s), lease, current bill(s), proof of income for 30 days, picture I.D. and Social Services food stamp letter (if receiving them). Also gives referrals to other services. Call Priscilla Carter with the Family Services Department, 343-5335, ext. 105. Also, the food pantry is open M-F 9:30 – 3:30. St. John’s Lutheran Church Screens applicants and provides assistance through Roanoke Area Ministries (RAM House). Mike Agee, 774-0712 TAP (Total Action Against Poverty) Works from public and private grants to provide various types of assistance to owner-occupants and tenants. Some specific contacts are: Jimmy Cook, weatherization department, 345-6781 Don Reynolds, does renovation work, 345-1620, 293-4667, cell Charlotte Davis, administers assistance for homeowners/renters, 345-6781 ext. 4391, 345-6246 Angela Penn, weatherization manager, 345-6781 x4390 Additional numbers for weatherization, 345-6781 ext. 4398, 667-2934 Mrs. Compton, general contact, 345-4766 TRUE (Temporary Relief for Unexpected Emergencies) Will provide up to $75 assistance to renters who have received a utility “cut off notice” or an eviction notice. Applicants must come to the church on a Tuesday morning at 7:30, with the notice, be interviewed and fill out some forms. A “pledge voucher” may be given for redemption at other charitable agencies. Call Barkley Thompson at 343-9341 for information, St. John’s Episcopal Church, 1 Mountain Ave., SW. World Changers Does general exterior maintenance and roofwork Administered by Edward M. Murray of Rebuilding Together, [email protected], 540-489-3756, 798-0901 177 16. Appendices, Forms and Miscellaneous Information Code Enforcement Department Phone Numbers Zone Inspector Office Cell 1 Chris Boehling 853-1732 537-8420 2 Brad Wilson 853-1231 537-7531 3 Derek Howell On military leave 3 Jeffery White 853-5250 355-3174 4 position vacant 853-6880 537-7700 5 David Suttles 853-1337 537-8429 6 Kimberly Asbury 853-1052 537-8428 7 Ron Dennis 853-6468 537-8423 8 Troy Coles 853-1446 537-8421 9 Victor Villasenor 853-1686 537-9006 10 Craig Sisson 853-6855 537-8422 11 Dale Crawford 853-1049 355-3173 Don Gillespie 853-6469 537-8419 853-1451 537-8426 Steve Langston, Team Leader - East 853-6465 537-8425 Dan Webb, Coordinator 853-1046 537-8427 Departmental Fax Machine 853-6597 Part-time Inspector, Code Team Barry Stacy, Team Leader - West 178 Acrylic and Rigid Plastics, Guidelines for Use In the Glazing section of the 2006-2009 International Residential Code, under “Permitted Materials” (308.6.2) “Approved rigid plastics” are allowed as a replacement for standard window glass. “Approved” is defined in Chapter 2 of the IRC as “Acceptable to the building official”. Though acrylic sheets (Plexiglas) and rigid plastics may be used for window glazing under the IRC, they may prove to be unsafe if installed incorrectly. This matter has not yet been addressed in the IRC. Plastics have a natural tendency to flex, especially if not set correctly into the slot in the window frame. Also, in order for a piece of plastic glazing to be as rigid as an equivalent piece of glass, it must be thicker (which is part of the problem in getting such sheets to fit securely into a window sash). Both natural flexing and improper installation can cause the window to loose its seal, or the glazing may even pop out of the window sash. When such materials are installed in hazardous locations, such as second or third story windows, human impact loads should be considered, to prevent the possibility of people falling out of windows. (This actually happened in 2011 to a child in the City of Roanoke who leaned against an improperly installed plastic windowpane in an attic). With these concerns in mind inspectors are asked to observe the following guidelines: Historic Districts In H-I and H-2 districts windows panes must be replaced with in kind material. Thus, plastic glazing may not be allowed. Call Jillian Papa, ARB liaison at x1522 for more information. Mechanical strength and stiffness Acrylic has lower tensile strength and stiffness than glass. When used in glazing, the required thickness should be greater than that required for plate glass to withstand the same wind loads. The window will have to be modified so that the glazing may be installed correctly, without gaps, and as rigidly as possible to prevent the possibility of horizontal pressure causing the pane to pop out of the sash. Expansion and contraction allowances Acrylic expands and contracts more than glass due to temperature and humidity changes. Its coefficient of thermal expansion is about 8 times greater than glass. Proper allowances must be made to permit expansion and contraction without replacement panes coming loose. 179 Scratching Acrylic is not as hard as glass which makes it more prone to scratching and abrasion. Chemical Resistance Acrylic is not as chemically resistant as glass. Certain glass cleaners cannot be used to clean acrylic sheets. Flammability Acrylic is a combustible thermoplastic. Be sure to consider all applicable building code regulations before substituting acrylic for glass Brownfields Program The U.S. Environmental Protection Agency has extended the City's Brownfield Revolving Loan Fund (RLF) grant to September 2013. RLF funds are used for the environmental cleanup of properties, including lead and asbestos abatement. At inception the grant had $1 million available for low to no-interest loans to for-profit entities and up to $200,000 in grant funds to non-profit organizations. The former Virginian Railway Station on Jefferson Street was a recent RLF project. More than $475,000 in assessment grants is still available (as of August 2012) for property owners and prospective buyers through the city's brownfields program. These funds can be used for Phase I and II environmental site assessments, and other studies. The city has three environmental firms under contract to provide these services as expeditiously as the private sector. City staff handles administration of the grants and coordinates services for applicants. Recent “brownfield assessments” have been completed at 1210 Patterson Ave., 305 1st St., and 131 Campbell Ave. Properties anywhere in the city may be eligible. For information Contact Frederick Gusler, Senior City Planner with the Department of Planning, Building and Development, at 853-1104, [email protected]. www.roanokeva.gov/brownfields. 180 Computer Generated Reports Running Standard Permits Plus Reports 1. Choose Permits Plus Live Reports from program menu 2. Enter User ID 3. Choose Report Engine (Private) 4. Choose Reports (Selection Criteria) 5. Choose Activity Data Report 6. Get (get specific report) 7. Run Now 8. Make sure “Detailed Report” is selected Available Reports Rental Inspection Expiration Report (date field E) Rental Exp Report 2 (date field J) Use the above two reports to get the number of eligible units for a specific date range, such as 7-1-11 to 6-30-12 Certificates in Fiscal Year Property Maintenance for Time Frame Weeds Cited within Timeframe Inops Cited Within Timeframe Graffiti Cited within Timeframe Zoning Complaints within Timeframe RIP Refused Report Schedule Report CE Summons Report Custom Reports Using QBE Report Writer 2000 1. QBE Report Writer 2000 2. Connect to live database 3. Yes 4. Work with reports Available Reports CEUNIT Activity Totals by Inspector Use this report to get the number of units certified for a specific date range, 181 such as 7-1-11 to 6-30-12 CE Active PLZCOMP caseload by Inspector2 CE Active Caseload by Inspector Nuisance Violations by Inspector Report The CE Unit Activity initialized within a certain time range “Pull” report by macros Canvass Activities for all Types for Date Range (date field lB) Use this report to get the number of inspections through proactive canvassing Legal Aid Society of Roanoke Main Number – 344-2088, Fax – 342-3064 David Biedler, Emily Jewett 344-2089, 344-2088 Henry Woodward 344-2089, 344-1282, [email protected] Municipal Waste Battery Recycling Stations The Office of Environmental Management has established several collection stations for waste batteries and spent printer cartridges. These collection stations are strictly for batteries and cartridges that had been used for City related activities. They are located in the Municipal Building mailroom; the Sheriff’s Office second-floor records area; the Social Services office supply room; and the Public Works Service Center SWM ready room. Examples of waste battery sources include cameras, cell phones, calculators, flashlights, cordless power tools, laptop computers, hand-held testing/monitoring equipment, label makers, and other desk/office accessories. Placing used batteries in the trash is both unsafe and unlawful. Use of these collection stations will help ensure compliance with environmental guidelines. Collection and recycling of household or privately generated waste batteries is available free of charge at local electronics and similar retailers, as well as on the third Saturday of each month at the Roanoke Valley Resource Authority (http://rvra.net, or 857-5071). For questions, contact Christopher Blakeman at ext. 1173. 182 Neighborhood Groups Contact Bob Clement, Neighborhood Services Coordinator P: (540) 853-5210 F: (540) 853-6597 On Facebook at: www.facebook.com/roanoke.neighborhoods On the web at: www.roanokeva.gov/neighborhoods Notice of Trespass The following form may be used by a landlord to legally prohibit tresspassers from entering onto a property. It is a good prerequisite for a trespassing charge. NOTICE You, Johnny Trespasser, are hereby notified pursuant to Virginia Code § 18.2-119 and 55-248.31:01 that you are hereby barred from entering in or upon the premises or cartilage of the property of the address: 1234 Bad Tenant Ave. SE, Roanoke, VA 24013 Further, you are hereby notified that if you are found entered upon the above premises after the date of ___________, your presence shall be deemed a trespass upon said property herein described and the owner, or duly authorized representative shall take every measure permitted by law to prevent such trespass, which shall include arrest by a police officer. Should you enter or cross the property line, the Police Department will be notified and a criminal complaint against you for trespassing will be filed with the magistrate for the General District Court. I, Johnny Trespasser, Of (address) __NA_______________________________________________________ (city) _Roanoke_____________ (state) _VA________ (zip code) _________________ I have fully read and understand the significance of the above notice of trespass and voluntarily affix my signature. __________________________________ (signature) _____________________________________ ______________________ (date) _________________________ 183 (signature of property owner / agent) (date) REASON: Lease Agreement States: NO ASSIGNMENT OR SUBLEASE: TENANT cannot sublease or assign this lease to any one else for any reason or allow anyone not approved in writing by LANDLORD to occupy the premises. NO OTHER RESIDENTS ALLOWED; GUESTS LIMITED: TENANT will not allow any other individuals except those listed in this lease to reside in the unit. TENANT may have temporary overnight visitors provided: 1) any such visitors do not stay overnight more than fourteen days total in any three month period and 2) there are not more than two overnight visitors at any one time. I hereby certify that I served this Notice upon the named trespasser by: ________Delivering a copy of it personally to the trespasser. ________By phone or verbally. ________Service by certified mail with return receipt requested. Virginia Law Virginia Code § 18.2-119 defines the crime of trespassing as follows: If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2132 through 18.2-136. 55-248.31:01. Barring guest or invitee of tenants. A. A guest or invitee of a tenant may be barred from the premises by the landlord upon written notice served personally upon the guest or invitee of the tenant for conduct on the landlord's property where the premises are located which violates the terms and conditions of the rental agreement, a local ordinance, or a state or federal law. A copy of the notice must be served upon the tenant in accordance with this chapter. The notice shall describe the conduct of the guest or invitee which is the basis for the landlord's action. B. In addition to the remedies against the tenant authorized by this chapter, a landlord may apply to the magistrate for a warrant for trespass, provided the guest or invitee has been served in accordance with subsection A. C. The tenant may file a tenant's assertion, in accordance with 55-248.27, requesting that the general district court review the landlord's action to bar the guest or invitee. 184 Rent Payment Into An Escrow Account Contact General District Clerk of Courts Supervisor – 853-2364. Front Yard Parking (Ordinance has not passed and is not enforced) If the City ever does adopt a “Front Yard Parking” ordinance it will be based upon the following text: 185 The Front Yard Parking ordinance has not been implemented upon advice from the City Attorney. 186
