Council: More information needed to pass inspection ordinance
By
Brandy Chandler-brandychandler@gmail.com
The Hillsboro City Council did not vote to enact an emergency ordinance presented during the April 12 council meeting regarding the inspection of dangerous buildings.
"A need exists to provide for the inspection, removal and/or repair of buildings or other structures that may be insecure, unsafe, structurally defective," according to the ordinance.
Council voted the ordinance be read in title only, and council president Lee Koogler asked if council wished for the legislation to stand at its first reading, or to waive the three-reading rule and pass the ordinance as an emergency.
The ordinance seeks to allow "the housing inspector" to "1. Enter the premises with the assistance of the police department and make a closer inspection of the premises; 2. Abate any serious nuisance posing an immediate threat to the public safety; 3. ban entry into the building and post notices of the same on the building, under penalty of arrest for trespassing; 4. solicit bids for the demolition of the building and removal of the debris; 5. Summon interested parties to a hearing before the housing inspector to acquire further facts. The legislation further states, :if any city funds are utilized to demolish, seal or repair an insecure, unsafe or structurally defective building or structure, the same shall be certified to the county auditor for inclusion on the tax duplicate of the property."
Beery said that Deputy Hillsboro Law Director Kathryn Hapner prepared the ordinance, as he had a conflict.
Council member Dave Shoemaker asked if the legislation was a new matter or if it modified legislation that was already existing. A written copy of the ordinance does not indicate it is modifying existing legislation, but Hillsboro Law Director Fred Beery said the ordinance was a supplement in addition to existing legislation.
"Should this have been reviewed by the property and maintenance committee?" Shoemaker asked.
"Of course. But it was kind of an emergency," Beery said. "The court took the view that some additions to our legislation needed to be enacted. And so because I had a conflict with the case, Ms. Hapner agreed to do that. That's the reason it's before you."
In February, council voted to accept a proposed ordinance from the Hillsboro Fire Department that mandates as of Jan. 1, 2010, there will be an annual fire inspection performed on every commercial business and multiple family dwelling in the city of Hillsboro.
Council member Bill Alexander asked Beery to give an overview of what the ordinance would accomplish, but because he was not involved in preparing it and because he had a conflict, Beery said he could not explain what the ordinance would accomplish.
Koogler, who is an attorney, said he had not reviewed the legislation as it was submitted to the mayor's office a few hours prior to the council meeting.
The ordinance stated it was being introduced by the safety and service director, however, Hillsboro Safety and Service Director Ralph Holt was not present during the meeting.
Hillsboro Mayor Dick Zink said, "I haven't seen it, don't know what it contains, but I had heard earlier that it was to clean up our ordinance because the court said it wasn't according to state code."
It was not specified which court has made such a determination.
Beery suggested the property maintenance and restoration committee review the legislation, and the city can hold a special council meeting if the committee finds the legislation is something that needs to be enacted quickly.
Shoemaker said Beery's conflict with the case was that he has been legal counsel for Jack Hope, a Hillsboro resident who owns the Parker Hotel, and is currently engaged in litigation with the city over structural repairs the city says need to be made to the building.
"I don't think it's something that needs to be enacted before next week," Beery said.
"It needs to be enacted before May 31," Zink said. The committee could then recommend the legislation be passed during the May 10 council meeting.
Koogler put the matter into the property maintenance and restoration committee, which is chaired by council member Bonnie Parr.
According to the legislation, "On information or complaint, the Housing Inspector shall investigate complaints that a building or other structure in the city is dangerous, unsafe, insecure or structurally defective. so as to pose a danger to the safety of the inhabitants, visitors, the public, or juvenile trespassers. In performance of this function, the housing inspector shall acquire such expertise as the housing inspector may deem necessary, including but not limited to, engineers, architects, building contracts or fire inspectors. The housing inspector may utilize funds from the administrative appropriations for the mayor's office for this purpose. The fire chief or other fire official and the director of law or any deputy thereof, shall provide advice at the housing inspector's request.
Following the meeting, Shoemaker told The Highland County Press that it was not clear what the ordinance introduced Monday was supposed to be a supplement to.
Shoemaker said that when no one knew what legislation the ordinance was to modify, "that threw up the first red flag.
"What ordinance is it? Is it the fire code? The building code? I think when we have our meeting, hopefully Mrs. Parr will get Kathryn there to give us a real summary of things. It will probably be clear as can be when she explains it," however as it stands there is not enough information to pass the ordinance.
Shoemaker said the city does not have a building inspector, to his knowledge, unless the ordinance is referring to the safety and service director. Also, he said, council has not been made aware that a determination has been made by a court determination regarding the legality of an ordinance.
The Hillsboro City Council did not vote to enact an emergency ordinance presented during the April 12 council meeting regarding the inspection of dangerous buildings.
"A need exists to provide for the inspection, removal and/or repair of buildings or other structures that may be insecure, unsafe, structurally defective," according to the ordinance.
Council voted the ordinance be read in title only, and council president Lee Koogler asked if council wished for the legislation to stand at its first reading, or to waive the three-reading rule and pass the ordinance as an emergency.
The ordinance seeks to allow "the housing inspector" to "1. Enter the premises with the assistance of the police department and make a closer inspection of the premises; 2. Abate any serious nuisance posing an immediate threat to the public safety; 3. ban entry into the building and post notices of the same on the building, under penalty of arrest for trespassing; 4. solicit bids for the demolition of the building and removal of the debris; 5. Summon interested parties to a hearing before the housing inspector to acquire further facts. The legislation further states, :if any city funds are utilized to demolish, seal or repair an insecure, unsafe or structurally defective building or structure, the same shall be certified to the county auditor for inclusion on the tax duplicate of the property."
Beery said that Deputy Hillsboro Law Director Kathryn Hapner prepared the ordinance, as he had a conflict.
Council member Dave Shoemaker asked if the legislation was a new matter or if it modified legislation that was already existing. A written copy of the ordinance does not indicate it is modifying existing legislation, but Hillsboro Law Director Fred Beery said the ordinance was a supplement in addition to existing legislation.
"Should this have been reviewed by the property and maintenance committee?" Shoemaker asked.
"Of course. But it was kind of an emergency," Beery said. "The court took the view that some additions to our legislation needed to be enacted. And so because I had a conflict with the case, Ms. Hapner agreed to do that. That's the reason it's before you."
In February, council voted to accept a proposed ordinance from the Hillsboro Fire Department that mandates as of Jan. 1, 2010, there will be an annual fire inspection performed on every commercial business and multiple family dwelling in the city of Hillsboro.
Council member Bill Alexander asked Beery to give an overview of what the ordinance would accomplish, but because he was not involved in preparing it and because he had a conflict, Beery said he could not explain what the ordinance would accomplish.
Koogler, who is an attorney, said he had not reviewed the legislation as it was submitted to the mayor's office a few hours prior to the council meeting.
The ordinance stated it was being introduced by the safety and service director, however, Hillsboro Safety and Service Director Ralph Holt was not present during the meeting.
Hillsboro Mayor Dick Zink said, "I haven't seen it, don't know what it contains, but I had heard earlier that it was to clean up our ordinance because the court said it wasn't according to state code."
It was not specified which court has made such a determination.
Beery suggested the property maintenance and restoration committee review the legislation, and the city can hold a special council meeting if the committee finds the legislation is something that needs to be enacted quickly.
Shoemaker said Beery's conflict with the case was that he has been legal counsel for Jack Hope, a Hillsboro resident who owns the Parker Hotel, and is currently engaged in litigation with the city over structural repairs the city says need to be made to the building.
"I don't think it's something that needs to be enacted before next week," Beery said.
"It needs to be enacted before May 31," Zink said. The committee could then recommend the legislation be passed during the May 10 council meeting.
Koogler put the matter into the property maintenance and restoration committee, which is chaired by council member Bonnie Parr.
According to the legislation, "On information or complaint, the Housing Inspector shall investigate complaints that a building or other structure in the city is dangerous, unsafe, insecure or structurally defective. so as to pose a danger to the safety of the inhabitants, visitors, the public, or juvenile trespassers. In performance of this function, the housing inspector shall acquire such expertise as the housing inspector may deem necessary, including but not limited to, engineers, architects, building contracts or fire inspectors. The housing inspector may utilize funds from the administrative appropriations for the mayor's office for this purpose. The fire chief or other fire official and the director of law or any deputy thereof, shall provide advice at the housing inspector's request.
Following the meeting, Shoemaker told The Highland County Press that it was not clear what the ordinance introduced Monday was supposed to be a supplement to.
Shoemaker said that when no one knew what legislation the ordinance was to modify, "that threw up the first red flag.
"What ordinance is it? Is it the fire code? The building code? I think when we have our meeting, hopefully Mrs. Parr will get Kathryn there to give us a real summary of things. It will probably be clear as can be when she explains it," however as it stands there is not enough information to pass the ordinance.
Shoemaker said the city does not have a building inspector, to his knowledge, unless the ordinance is referring to the safety and service director. Also, he said, council has not been made aware that a determination has been made by a court determination regarding the legality of an ordinance.