City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Timothy McLellan Jerry Roy Approved MINUTES April 11, 2017 The following are the minutes of a public hearing held Tuesday, April 11, 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits (arrived 6:32), Laflamme, Roy, McLellan Also Present: Dan Garvey (Asst. City Solicitor), Councilor Brooks The meeting was called to order at 6:30 PM. In compliance with the open meeting laws the Chairman asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 ORDERED THAT the PVTA appear before the Ordinance Committee to explain why bus stop signs are randomly appearing on electric light poles without ordinances. Art Powder from CEL and Josh Rickman from PVTA were present. Josh Rickman stated that the PVTA was contacted by CEL on 3/27 and they removed 4 of the signs on that day. CEL removed 7 of the signs on 4/3. Why this happened? PVTA outsources the sign services. The PVTA gives the contractor a copy of the ordinance to install the sign. The contractors utilize google to get directions to each one of the stops. The signs on Hearthstone and Columba are not reflected in the ordinance and these will be down tomorrow. The three stops on Granby Road he worked with Councilor Lamontagne last year on however, there is no ordinance for these stops. Josh Rickman has spoken with the contractor and reminded them that only those signs with ordinances should be installed. Councilor Laflamme stated that he noticed the signs popping up on electric light poles and brought the issue forward. He presented the committee with some bus stops that he has concerns with. Josh Rickman stated that the current bus stops were created about 3 or 4 years ago with the consultation of PVPC and Chicopee DPW. They can be reviewed at any time. PVTA is always opened to conversation about bus stops and their safety. Councilor Laflamme suggested that all future bus stop ordinances be accompanied with a photo of the area where the sign will be installed. Josh Rickman stated that in many communities that PVTA services where sidewalk work is done PVTA poles have been removed and the signs end up somewhere where they should not be located. This happened on Center Street in Chicopee where sidewalk work was done. It also happened on Chicopee Street and Meadow Street, as sidewalk work is being done poles go missing. Councilor Tillotson stated that once the city agrees on a location and the ordinance is passed that’s where the sign should be installed. Art Powder stated that he agrees that CEL does not want the signs on its poles. Josh Rickman has removed the signs in a timely fashion. Motion made by Councilor Krampits and second by Councilor McLellan to place on file and review in six months. Committee vote 5 – 0 favorable. ITEM #2 Chapter 7 Salaries – Golf Department – Cashier Position $12.00 Motion made by Councilor Laflamme and second by Councilor McLellan to approve. Committee vote 5 – 0 favorable. ITEM #3 Hampden Street – From the south driveway of Bowe School to Stonina Drive – Parking/Standing Prohibited during School hours Ken Parsons stated that this proposed ordinance will have no impact on parents coming to pick up their kids. Current traffic flow does not allow people to park on this side of the street. Every once in a while parents new to the school will park in this area and that’s why it was suggested that this ordinance be proposed to alleviate the problem. Committee added 7 AM to 9 AM and 2 PM to 4 PM to clarify school hours. Motion made by Councilor Laflamme and second by Councilor McLellan to approve with amendment. Committee vote 5 – 0 favorable. ITEM #4 Chapter 243-44 Violations and penalties Delete in its entirety and insert in place thereof 243-44 Violations and penalties The Superintendent of Public Works, Chicopee Police Department, Chicopee Building Department, Chicopee Health Department, Chicopee Fire Department, or any of their designee(s), shall enforce the provisions of Chapter 243 and shall have the authority to issue citations for any said violation(s). Any person violating any of the provisions of this article, except where a different penalty is specially provided, shall be liable to a fine of $50 and to a like penalty for every day such offense shall be repeated or continued. Councilor Tillotson stated that this ordinance will broaden who can enforce the snow removal ordinance. Attorney Garvey stated that the Mayor will meet with department heads regarding this ordinance once it has been approved. Motion made by Councilor McLellan and second by Councilor Roy to approve. Committee vote 5 – 0 favorable. ITEM #5 Postponed 2-15-17 Chapter 125 Blighted and Vacant Buildings Blighted and Vacant Buildings Chapter 125-1  Purpose and declaration of policy. It is hereby found and declared that there exist within the City of Chicopee numerous real properties which are in a blighted and/or vacant condition. Many of these properties are essentially abandoned. Some are in violation of multiple aspects of state and local building codes and sanitary codes. The owner of record is often a large financial institution located out of state, making enforcement of the code very difficult. These code violations include, among multiple other violations, unoccupied buildings susceptible to vandalism and/or open structures rendering them unsafe and dangerous, yards full of litter and trash, unlocked houses, un-shoveled snow that renders sidewalks impassable, and overgrown grass and bushes. The existence of such blighted and vacant properties contributes to the decline of City neighborhoods. It is further found that the existence of such blighted and vacant properties encourage temporary occupancy by transients, drug users and persons engaged in criminal activity; adversely affect the economic well-being of the City and the health, safety and welfare of the residents of the City; and create significant costs to the city by virtue of the need for constant monitoring and frequent boarding and securing. It is further found that many of the blighted or vacant properties can be rehabilitated, reconstructed, demolished and/or reused so as to provide decent, safe and sanitary housing, or commercial facilities, and that such rehabilitation, reconstruction, demolition and/or reuse would eliminate, remedy and prevent the adverse conditions described above. Chapter 125-2 Definitions. For the purposes of this section, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise: Blighted premises: shall mean any building, structure, parcel of land, or any part of a building or structure that is a separate unit, whether commercial or residential, in which at least one of the following conditions exist: (1) It is not being adequately maintained and secured as documented by the enforcement officer (as that term is defined herein) based upon, without limitation, the following factors: missing or boarded windows or doors; collapsing or missing walls, roof or floor; siding that is seriously damaged or missing fire damage; a foundation that is structurally faulty; accumulation of interior furniture outside, garbage, trash, junk, inoperable cars, boats, motorcycles or other inoperable machinery or other refuse (unless otherwise licensed to do so); (2) It has been cited for violations as documented by the building commissioner, the director of the board of health, the police chief, the fire chief and/or their designated agents, which violations have not been corrected; (3) It is attracting illegal activity as documented by the police department; (4) It is a fire hazard as documented by the fire department; (5) Because of fire, wind, or other natural disaster, or because of physical deterioration, it is no longer habitable as a dwelling or useful for the purpose for which it was originally intended; (6) Is a vacant building as defined hereunder; or  (7) It is determined by the building commissioner and/or the health director that the building, structure or parcel of land is in a condition which poses a serious threat to safety, health, morals and general welfare of the City. Building: shall mean an independent structure having a roof supported by columns or walls, resting on its own foundations and designed for the shelter, housing or enclosure of persons, animals or property of any kind. Enforcement officer: shall mean the building commissioner, health director, police chief, fire chief and/or their designated agents. Initiation of the foreclosure process: shall mean taking any of the following actions: (1) Taking possession of a residential property pursuant to M.G.L.A. c. 244 § 1; (2) Publishing the first notice of a residential property pursuant to M.G.L.A. c. 244 § 14; or (3) Commencing a foreclosure action on a residential property in either the land court or the county superior court. Local agent: shall mean an agent located within 20 driving miles distance of the property in question. Owner: shall mean any individual, business entity, voluntary association or nonprofit organization, which alone or jointly or severally with others: (1) Has legal title to any building, structure or property. (2) Has care, charge, or control of any such building, structure or property in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title. (3) Is a lessee under a written agreement. (4) Is a mortgagee in possession of any such property, or (5) Is an agent, trustee or other person appointed by the courts and vested with possession or control of such building, structure or property. (6) Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process. Structure: shall mean anything erected at a fixed location on the ground to give support, provide shelter or satisfy other purposes (includes the term "building"). Vacant building: shall mean any commercial or industrial building in which no person or entity actually conducts a lawfully licensed business in such building; or any residential building in which no person lawfully resides in any part of the building; or a mixed use building in which neither a licensed business nor a lawful resident exists. Further, any building in which more than one half of the total exterior windows and doors are broken, boarded or open without a functioning lock shall be deemed "vacant." Chapter 125-3 Creation or maintenance of blighted premises prohibited.  (1) No owner of real property located within the City shall allow, create, maintain or cause to be created or maintained any blighted premises. (2) a. Investigation. The enforcement officer(s) shall undertake an investigation of any alleged violation of this section upon their own initiative or upon receipt of a complaint from any individual, civic organization or other governmental agency. b. Orders to take corrective action. Upon a finding of a violation of the provisions of this section the enforcement officer shall serve notice of the violation and an order to correct such violation upon the owner of the property by certified mail or by service in hand by a person duly authorized to do such. The order shall require the owner to take one or more of the following actions to bring the property into compliance with the requirements of this section within 30 days of receipt of such order: 1. To file a completed application and any required plans for a permit for repair or rehabilitation of the building or structure and a schedule indicating a completion date for such work or its various phases. All work performed pursuant to this subsection shall be completed within 180 days of the date that the order is received; 2. To file a completed application and any required plans for a permit for demolition of the building or structure and a schedule indicating a completion date for such work or its various phases. All work performed pursuant to this subsection shall be completed within 180 days of the date that the order is received; or 3. To take any other action that the enforcement officer deems necessary to correct the violations of this section in order to assist the city in protecting the public health, safety and welfare of its residents. c. Recovery of costs. Whenever a property owner fails, neglects or refuses to make repairs or take other corrective action specified in the order, the city may undertake such repairs or actions, when in its judgment a failure to make them will endanger the public health, safety and welfare. Notice of the intention of the city to make such repairs or other corrective action shall be served on the owner by certified mail or by service in hand by a person duly authorized to do such. When repairs are made or other corrective action taken by the city, the cost of such repairs shall constitute a debt in favor of the city against the owner of the repaired building or structure. In the event that the owner fails, neglects or refuses to pay the city the amount of the debt within 30 days of the receipt of the notice of the debt, the city may place a lien on the property for such debt/and or may initiate a civil action against the owner in a court of competent jurisdiction to recover the debt. Chapter 125-4 Registration of vacant buildings required.  (1) Registration. a. Within 45 days of a building becoming vacant, each owner of such vacant building shall register said building with the City Building Department (hereinafter referred to as "the department"). All registrations must state the owner's name, mailing address and telephone number. The mailing address may not be a P.O. Box. b. If none of the owner(s) are at an address within the Commonwealth of Massachusetts, the registration shall also include the name, address and telephone number of a person who resides within the Commonwealth of Massachusetts, who shall be designated as a responsible local agent for purposes of securing and maintaining the property, for purposes of notification in the event of an emergency affecting the public health, safety and welfare, and for service of any and all notices issued pursuant to this section. c. The failure to timely register a vacant building shall be a violation of this section. (2) Registration fees. a. On or before October 15 of each calendar year, the City Building Department shall send a billing statement setting forth the required registration fee, to each owner of a vacant building. However, the registration fee set forth in this section shall be due and payable on November 15 of each year regardless of the delivery or receipt of such billing statement. b. On or before November 15 of each calendar year, the owners of any vacant building shall pay to the City Building Department a registration fee to cover the administrative cost of monitoring and ensuring proper maintenance of such vacant buildings. The annual registration fee shall be based on the duration of the vacancy as of November 15 of such year according to the following schedule: 1. Residential properties with one to three units, regardless of duration of vacancy—$100.00. 2. Residential properties with four or more units and any other property: $500.00 Properties that have been vacant for less than one year. 1,000.00 Properties that have been vacant for one year or more but less than two years. 2,000.00 Properties that have been vacant for two years or more but less than three years. 3,000.00 Properties that have been vacant for three years or more.  c. A failure to pay timely the registration fee shall be a violation of this section and the full fee shall be imposed as a municipal charges lien on the property in accordance with M.G.L.A. c. 40, § 58, as voted by the City Council. (3) Maintenance requirements. a. Properties subject to this section shall comply with 780 CMR 121.7 "Standards for making buildings safe or secure" and shall be maintained in accordance with all other applicable sanitary codes, building codes, and local regulation. b. The local owner or local agent must inspect and maintain the property on a monthly basis for the duration of the vacancy. c. The property must contain a posting with the name and 24-hour contact phone number of the local owner or local agent responsible for the maintenance. This sign must be posted on the front of the property so it is clearly visible from the street. (4) Appeal. Any owner assessed a registration fee under this section shall have the right to appeal the imposition of such fee to the city board of health upon the filing of an application in writing, no later than 15 calendar days after mailing of the billing statement, or if a billing statement is not mailed, then no later than November 15. The appeal request shall be accompanied by a $50.00 nonrefundable appeal cost. The appeal shall be limited solely to the issues of whether the building is vacant and how long the building has been vacant. The owner shall have the burden of proof on appeal. Upon the proper filing of an appeal, payment of the registration fee shall be stayed pending the outcome on appeal. If the decision on appeal is adverse to the owner, the payment shall be due within ten calendar days of the board of health's decision. (5) Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice of occupancy to the board of health. Chapter 125-5 Penalties and enforcement. This section shall be enforced by the building commissioner, the director of the board of health, the police chief, the fire chief or their designated agents. Each separate offense of this section shall be punishable of a fine of not more than $300.00. Each violation of any provision of this section shall be considered a separate offense and each day that any violation continues shall constitute a separate offense. Upon failure to comply with any order issued under this section, the city may, in addition to other penalties and actions, bring civil or legal action against the owner to require compliance with the order. The imposition of any fine shall not be constructed to prevent the enforcement of other laws upon the premises nor prevent the initiation of other enforcement measures or penalties. Failure to pay any fine arising from the enforcement of this chapter shall constitute a debt in favor of the city. The city may place a lien on the property for such debt/and or may initiate a civil action against the owner in a court of competent jurisdiction to recover the debt.  If any provision of this section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect. The provisions of this section are effective immediately upon passage and all provisions shall be enforced immediately, but no monetary fine shall be imposed pursuant hereto until 90 days after passage. Attorney Pikula is in agreement that in order to enforce this proposed ordinance positions would have to be added to the Building Department and there is no guarantee that it would work better than what is in place now. Motion made by Councilor Laflamme and second by Councilor McLellan to place on file for future reference. Committee vote 5 – 0 favorable. ITEM #6 Striking From - East Main Street – Between the dumpster and regular driveway at the Falls View Apartments (137 feet from Belcher Street) – Parking Prohibited Motion made by Councilor Laflamme and second by Councilor McLellan to approve. Committee vote 5 – 0 favorable. ITEM #7 East Main Street – South side – 240 feet from the intersection with Broadway to the driveway – Parking Prohibited Committee amended to read: East Main Street – South side – from the intersection with Broadway to Belcher – Parking Prohibited. Committee vote 5 – 0 favorable. ITEM #8 Hope Street – 5 feet after the driveway at 15 Hope Street – Parking Prohibited Here to Driveway Councilor Tillotson stated that Councilor Courchesne requested that this ordinance be defeated. Motion made to defeat. Committee vote 5 – 0 favorable to defeat. ITEM #9 24 Walnut Street – Handicap Parking Favorable report came from the Commission for Disabled for this ordinance. Motion made by Councilor Laflamme and second by Councilor Tillotson to approve. Committee vote 5 – 0 favorable ITEM #10 Stearns Terrace – both sides – entire – Severe Weather Parking Motion made by Councilor Laflamme and second by Councilor McLellan to approve. Committee vote 5 – 0 favorable. ITEM #11 Striking From - 43 Walter Street – Handicap Parking Motion made by Councilor Laflamme and second by Councilor McLellan to approve. Committee vote 5 – 0 favorable. ITEM #12 Minutes – February 15, 2017 Motion made by Councilor McLellan and second by Councilor Laflamme to approve. Motion passed. Meeting adjourned at 7:08 PM.