CITY COUNCIL MEETING AGENDA City Council Chambers, Lower Level 7:00 P.M. 611 E. Grand River, Howell, MI 48843

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1 CITY COUCIL MEETIG ADA City Council Chambers, Lower Level 7:00 P.M. 611 E. Grand River, Howell, MI Visit the City of Howell website at THE REGULAR MEETIG WILL COVEE UPO COCLUSIO OF THE SPECIAL MEETIG SCHEDULED FOR 5:30 P.M. Monday, October 8, 2018 COUCIL - MAAGER GOVERMET Council members and other officials normally in attendance: 1. Dennis L. Perkins City Attorney 2. Jan Lobur Council Member 3. Vacant Council Member 4. Michael Mulvahill Council Member 5. Shea Charles City Manager 6. ick Proctor Mayor 7. Jane Cartwright City Clerk 8. Jeannette Ambrose Council Member 9. Bob Ellis Council Member 8. Steven L. Manor Mayor Pro Tem SEATIG: Above list arranged according to seating order; left to right. 1. Regular Meeting Called to Order 2. Pledge of Allegiance (all stand) 3. Approve Minutes September 24, 2018: A. Regular Meeting B. Executive Session 4. Citizens Comments (items not on agenda) 5. Reports by Council Members Serving on Commissions 6. Council Correspondence: 7. Presentation Howell Public Schools Sinking Fund Ballot Proposal 8. Discussion/Approval Civic Event Applications: A. Duane Zemper Memorial Statue Dedication, ovember 4, 2018 B. Aberrant Ales Anniversary, ovember 10, Discussion/Approval Ordinance o. 918, Property Maintenance Code Update 10. Discussion/Approval Ordinance o. 919, Amendment to Section 656, Alternative icotine Products 11. Discussion/Approval Unsafe Building Proceedings, 677 Detroit 12. Discussion/Approval Unsafe Building Proceedings, 256/258 Mason 13. Discussion/Approval 2019 City Council Meeting Schedule 14. Approve payment of bills ending October 8, 2018 in the amount of $465, and payroll to cover the period ending October 13, City Manager s Report: 16. Old Business Visitors are cordially invited to attend all meetings of the Council. If you wish to address the Council, you will be recognized by the Mayor. Please refer to the printed guidelines on the back of the agenda.

2 October 8, ew Business 18. Executive Session Pending Litigation 19. Adjournment Public Comment Guidelines Members of the public are permitted to address a meeting of Council upon recognition by the Mayor. Each person shall begin by stating their name and address and shall be permitted to speak once on each agenda item for three (3) minutes. Agenda item 4 allows for Citizens Comments on any non-agenda item. Where the Agenda provides Public Hearing comment, each person addressing the Council shall be limited to five (5) minutes regarding the specific agenda Public Hearing item. The Mayor may allow additional time at his/her discretion. All remarks shall be addressed to the Council as a body, and not to any member. o person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. o questions shall be asked the Council Members, except through the Mayor. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Council, may be requested to leave the lectern. Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City s business or over which the Council has control at anytime by direct mail or by addressing the City Clerk, and copies will be distributed to Council Members.

3 Regular Meeting of the Howell City Council Monday, September 24, 2018 Howell City Council Chambers Lower Level 611 E. Grand River Howell, Michigan CALL TO ORDER The regular meeting of the Howell City Council was called to order by Mayor ick Proctor at 7:00 p.m. Council Members Present: Jeannette Ambrose, Robert Ellis, Michael Mulvahill, and Mayor ick Proctor. Council Members Absent: Jan Lobur, Steven Manor. Also Present: City Manager Shea Charles, City Attorney Dennis Perkins, and City Clerk Jane Cartwright. Others in Attendance: Deputy Police Chief Scott Mannor, DPS Director Erv Suida, Community Development Director Tim Schmitt, DPW Operations Manager Mike Luce, IT Director Mike Pitera, Project Technician Matt Davis, Parks & Cemetery Supervisor Jason McClanahan, Assessor II Ashley Winstead, Tom Richardson, John and Caron Davis, Robert Spaulding. 2. PLEDGE OF ALLEGIACE 3. APPROVED MIUTES MOTIO by Ellis, SUPPORT by Ambrose, To approve the minutes of the work session of the City Council held September 5, MOTIO CARRIED (4-0). MOTIO by Ellis, SUPPORT by Mulvahill, To approve the minutes of the regular meeting of the City Council held September 10, MOTIO CARRIED (4-0). 4. CITIZES COMMETS one. 5. REPORTS COUCIL MEMBERS SERVIG O COMMISSIOS Mayor Proctor reported on the Howell Area Fire Authority meeting held September 19, Approved the purchase of new engine for the Marion Township substation; the annual Audit is still in process; the House is scheduled for October 14, 2018 from 1-4 p.m.; and they will be replacing the fire reporting system.

4 HOWELL CITY COUCIL MTG. MIUTES SEPTEMBER 24, COUCIL CORRESPODECE one. 7. IRODUCED ORDIACE O. 918, PROPERTY MAITEACE CODE UPDATE Member Ellis introduced Ordinance o. 918, an ordinance to modify the City s Property Maintenance Code and Building Permit fees. 8. DISCUSSED ORDIACE O. 919, ALTERATIVE ICOTIE PRODUCTS MOTIO by Mulvahill, SUPPORT by Ambrose, To adopt Ordinance o. 919, amending Chapter 656 to include prohibition of the use of Alternative icotine Products by minors within the City of Howell. Member Ellis stated there may be unintended consequences to the proposed ordinance since it would restrict the use of nicotine replacement projects that may be used by teenagers to stop smoking. He suggested amending the definition of Alternative icotine Product to read means a noncombustible inhaled product containing nicotine that is intended for human consumption. Also discussed was adding a disclaimer that could read, not intended to apply to other products used for smoking cessation. City Attorney Perkins will provide amended language for the next meeting. MOTIO by Ellis, SUPPORT by Ambrose, To postpone action on Ordinance o. 919 until the October 8, 2018 meeting. MOTIO CARRIED (4-0). 9. APPROVED 2018 CRACK SEALIG PROGRAM MOTIO by Ellis, SUPPORT by Mulvahill, To authorize an additional $88,000 to the 2018 Pavement Crack Sealing Program that was awarded to Carr s Outdoor Services for crack sealing the remaining roads. DPS Director Suida indicated on the major and local roads on the north side of the city were completed. MOTIO CARRIED (4-0). 10. DISCUSSED BIDS/PURCHASES: A. Vehicle #44, LaFontaine Ford, $34, B. Vehicle #47, LaFontaine Ford, $33, Mayor Proctor expressed concern on moving forward with the proposed purchases even though they were budgeted items due to the projected structural deficit. DPS Director Suida stated funds for the vehicle purchases were encumbered for the last 13 years to allow for their replacement. The purchases have already been delayed 3 to 5 years; they may reach a point where maintenance is a problem and they become unreliable. Council also questioned the municipal bidding program and if local Ford dealers are included. DPS Director Suida indicated he was not aware of the local dealers participating in the State Purchasing Program. Staff will reach out to the local dealers again to make sure they haven t recently joined the program. Mayor Proctor requested the vehicle purchases be postponed until the next meeting. C. Kage Snow Plow/Pusher System, Bobcat of Lansing, $8,200. MOTIO by Ellis, SUPPORT by Ambrose, To approve the purchase of a Kage Snow Plow

5 HOWELL CITY COUCIL MTG. MIUTES SEPTEMBER 24, 2018 System per the attached quote for a total amount not to exceed $8,200. DPS Director Suida explained the pusher system allows for efficient removal of snow in parking lots and the pricing will increase substantially if the purchase is postponed. MOTIO CARRIED (4-0). 11. APPROVED - PAYMET OF BILLS MOTIO by Ellis, SUPPORT by Ambrose, To approve the payment of bills ending September 24, 2018 in the amount of $474, and payroll to cover the period ending September 29, MOTIO CARRIED (4-0). 12. CITY MAAGER S REPORT DPW will facilitate the replacement of a lead waterline at 821 E. Grand River on Wednesday. Pursuant to the new Lead & Copper Rules, the repair of a leaking line requires full replacement. Congratulated new Assessor Ashley Winstead on receiving the MAAO certification. The City received a request late this afternoon from Representative Mike Bishop s office to support renaming the Howell Post Office in honor of Sergeant Donald Burgett, WWII Veteran. Mayor Proctor stated his support and indicated he would submit a letter on behalf of the City Council. Council concurred. Attended the MML Conference last week. Reported on an update to the SAVE MI City campaign as well as a class on evaluating downtown parking needs. 13. OLD BUSIESS one. 14. EW BUSIESS MOTIO by Ellis, SUPPORT by Mulvahill, To excuse Council Member Steven Manor from the September 24, 2018 meeting, reason stated. MOTIO CARRIED (4-0). MOTIO by Ellis, SUPPORT by Mulvahill, To excuse Council Member Jan Lobur from the September 24, 2018 meeting, reason stated. MOTIO CARRIED (4-0). Mayor Proctor stated the final Food Truck Rally will be held Saturday September 29, EXECUTIVE SESSIO ATTOREY CLIET COMMUICATIO & PEDIG LITIGATIO 7:35 p.m. MOTIO by Ellis, SUPPORT by Mulvahill, To adjourn to Executive Session to discuss an attorney client communication and pending litigation in the Rutherford case with a roll call vote. Mulvahill yes, Ambrose yes, Ellis yes, Proctor yes. MOTIO CARRIED (4-0). 7:57 p.m. MOTIO by Ellis, SUPPORT by Mulvahill, To reconvene the regular meeting. MOTIO CARRIED (4-0). MOTIO by Ellis, SUPPORT by Mulvahill, To approve the Second Amendment to Purchase Agreement with Branoff Randle Real Estate Partners, LLC extending the agreement for 30 days and authorize the City Manager to

6 HOWELL CITY COUCIL MTG. MIUTES SEPTEMBER 24, 2018 extend the agreement for an additional 30 days at his discretion. MOTIO CARRIED (4-0). 16. ADJOUR MOTIO by Ellis, SUPPORT by Mulvahill, To adjourn the regular meeting of the City Council at 7:58 p.m. MOTIO CARRIED (4-0). ick Proctor, Mayor Jane Cartwright, City Clerk

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8 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL JAE CARTWRIGHT, CITY CLERK DATE: OCTOBER 3, 2018 RE: CIVIC EVET APPLICATIO, DUAE ZEMPER MEMORIAL STATUE DEDICATIO Attached is the completed Civic Event application filed by the Howell Carnegie District Library & the Howell Rotary Club for the Duane Zemper Memorial Statue Dedication scheduled for ovember 4, Staff has reviewed the application and their comments are attached. Staff has concerns with the partial closure of Grand River and suggests placing the bleachers on the Library property and along Center Street. MDOT must approve any closures of Grand River and depending on their requirements, the estimated cost to close is approximately $1,000. The Grand River partial closure would require extensive signage and the use of traffic control devises including cones and hard barricades. Staff is seeking Council direction on the Grand River closure as it is possible however would require a greater level of staff involvement. ACTIO REQUESTED: Option #1 A motion to approve the Civic Event application submitted by the Howell Carnegie District Library for the Duane Zemper Memorial Statue Dedication scheduled for ovember 4, 2018 with the exception of the partial closure of Grand River, incorporating staff s recommendation. Option #2 - A motion to approve the Civic Event application submitted by the Howell Carnegie District Library for the Duane Zemper Memorial Statue Dedication scheduled for ovember 4, 2018 contingent upon approval from MDOT for the partial closure of Grand River. REVIEWED & APPROVED FOR SUBMISSIO: Shea Charles, City Manager

9 CITY OF HOWELL CIVIC EVET APPLICATIO STAFF RECOMMEDATIOS & COMMETS EVET TITLE: DUAE ZEMPER MEMORIAL STATUE DEDICATIO Public Services: Erv Suida Comments: Approved with comment. Estimated cost for the Grand River closure is approximately $1,000 depending upon MDOT requirements. Police: Comments: George Basar Approved with comment. MDOT approval is required for the closure of Grand River. Recommend placing the bleachers on the opposite corners of the Library property as an alternative to closing Grand River & Center Street. Fire: Comments: Jamil Czubenko Approved with comment. Agree with the Police Chief s comments. Community Development: Tim Schmitt Comments: Approved with comment. ot comfortable having a partial closure of Grand River. The bleachers would be safer on the Library property.

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17 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL JAE CARTWRIGHT, CITY CLERK DATE: OCTOBER 3, 2018 RE: CIVIC EVET APPLICATIO, ABERRAT ALES AIVERSARY EVET Attached is the completed Civic Event application filed by Aberrant Ales Brewing Company for their Anniversary celebration scheduled for ovember 10, Staff has reviewed the application and their comments are attached. Since this is a for-profit event, Aberrant Ales would be responsible for 100% of the costs for City Services associated with this event. ACTIO REQUESTED: A motion to approve the Civic Event application submitted by Aberrant Ales Brewing Company for the Anniversary Celebration scheduled for ovember 10, 2018 contingent upon reimbursement of all costs associated with City Services for the event, Fire Department approval of the final site plan for the tent &fenced in area, Michigan Liquor Control approval of the temporary liquor license, compliance with appropriate Health Department standards, receipt of certificate of insurance, and incorporating staff comments. REVIEWED & APPROVED FOR SUBMISSIO: Shea Charles, City Manager

18 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL SHEA CHARLES, CITY MAAGER DATE: OCTOBER 4, 2018 RE: ABERRAT ALES CIVIC EVET APPLICATIO SUPPLEMETAL COMMETS Before Mayor & City Council is a civic event application from Aberrant Ales for a oneyear anniversary celebration with a recommendation for approval. Staff spent considerable time debating this request with excellent arguments being made for and against approval. The crux of the discussion focused on the question of closing a public street for a private business event. The event provides a place making opportunity within downtown while there are concerns that the event has the potential to be a problem as alcohol is being served. The approval recommendation should be viewed in my opinion as non-precedent setting as staff wants to see how the event performs. Staff will then evaluate the event and will provide Mayor & City Council an evaluation and potential civic event policy modifications. Shea Charles City Manager

19 CITY OF HOWELL CIVIC EVET APPLICATIO STAFF RECOMMEDATIOS & COMMETS EVET TITLE: Public Services: Comments: ABERRAT ALES AIVERSARY EVET Erv Suida Approved with comment. Estimated cost for the closure S. Center Street is $300. Police: Comments: Fire: Comments: George Basar The anniversary beer tent, as proposed, requires the closing of a city street, S. Center Street between Grand River and Sibley. This closing is not for a community event but is instead a for-profit event to benefit an individual business. The proposed location is not directly adjacent to the business and as such draws no parallel to a sidewalk café. The event would require a temporary liquor license. The applicant would need to confirm Health Department regulations for transporting prepared food to an offsite location that is not adjacent to the business. Civic Event application lacks detail and specificity as to set up and layout. Jamil Czubenko More information is needed on the size of the tent and fenced in area, number of tables/chairs, and locations for emergency exit openings. Emergency lights for the tent will be required and an occupancy limit will have to be issued. Also question if the food is being prepared at the place of business or are they cooking outside; what kind of power will be required within the tent. o smoking is allowed in the tent. Community Development: Tim Schmitt Comments: Approved with comment. This is a good placemaking type project bringing more people downtown with limited staff involvement, similar to outdoor seating on sidewalks. It uses public space in a different way to keep our downtown vibrant. o offsite signage is allowed. Applicant must notify First Presbyterian Church and make sure the street is cleared and accessible for their Sunday morning schedule. Portable toilets will be required within the fenced off event space.

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32 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL TIMOTHY R. SCHMITT, COMMUITY DEVELOPMET DIRECTOR DATE: SEPTEMBER 19, 2018 RE: ORDIACE 918 PROPERTY MAITEACE CODE UPDATES Earlier this summer, City Council directed Staff to begin the process of updating the City s property maintenance code to utilize the International Property Maintenance Code (IPMC) going forward. This internationally recognized set of standards would cover all properties in the community identically, creating one set of standards for everyone. Staff presented the concept to the Planning Commission, who wholly endorsed the change. Staff has worked with City Attorney Perkins to resolve the concerns he had with the draft that was presented to the City Council at their September 10 th meeting. We also slightly reoriented the proposed changes to flow better as an overall ordinance. As mentioned previously, there are minor changes to the building permit and bond structure included as well. Staff has several Unsafe Building notices that have been issued for properties in the City under the current ordinance. We will continue to work with those property owners to obtain compliance with City ordinances. Staff is proposing to retain the Appeals process that is in the current ordinance, which is different from the IPMC. This is the main deviation from the IPMC that we are proposing at this time. This will allow us to keep City Council as the body to hear appeals of Unsafe Building determinations, which is consistent with our current practice. City Council introduced this ordinance at their September 24 th meeting and had no major comments at that time. Staff will have a copy of the IPMC placed at the library for reference purposes for the general public, along with copies in the City Clerk and Community Development Department offices. ACTIO REQUESTED: A motion to adopt Ordinance 918, a City initiated Ordinance to amend the City s property maintenance code update to adopt the International Property Maintenance Code. REVIEWED & APPROVED FOR SUBMISSIO: Shea Charles, City Manager

33 ORDIACE O. 918 A ORDIACE TO AMED VARIOUS SECTIOS OF THE HOWELL CITY CODE TO MODIFY THOSE CHAPTERS AD SECTIOS COCERIG REAL PROPERTY MAITEACE FOR ALL PROPERTIES I THE CITY OF HOWELL, TOGETHER WITH PEALTY PROVISIOS FOR VIOLATIO(S) THEREI THE CITY OF HOWELL ORDAIS: Section 1. Chapter General Code Penalty; Fines for Municipal Civil Infractions; Equitable Remedies, is hereby amended as follows: (a) [o change] (b) [o change] (c) The following schedule of fines for Municipal civil infractions, payable at the Municipal Ordinance Violations Bureau as provided for in Chapter 208, for admissions of responsibility by persons served with Municipal civil infraction citations and/or violation notices, is hereby established as follows: (1) Chapter 622 First offense $ 5 "Health, Safety Any repeat offense 25 And Sanitation" (2) Chapter 652 First offense $ 5 "uisances" Any repeat offense 25 (3) Chapter 872 First offense $ 5 "Street Vendor" Any repeat offense 25 (4) Chapter 1020 First offense $ 5 "Streets and Any repeat offense 25 Excavations" (5) Chapter 1022 First offense $ 5 "Sidewalks" Any repeat offense 25 (6) Chapter 1024 First offense $ 5 "Trees" Any repeat offense 25 (7) Chapter 1040 First offense $ 5 "Water" Any repeat offense 25 (8) Chapter 1042 First offense $ 5 "Sewers" Any repeat offense 25 (9) Chapter 1043 First offense $ 1,00 "Industrial Waste Any repeat offense 1,00 Water Pretreatment Regulations" (10) Chapter 1044 First offense $ 5 "Water and Any repeat offense 25 Sewerage Rates and Management" (11) Chapter 1060 First offense $ 5 "Garbage and Any repeat offense 25 1

34 Rubbish Collection And Disposal" (12) Chapter 1062 First offense $ 5 "Parks and Any repeat offense 25 Recreational Facilities" (13) Chapter 1066 First offense $ 5 "Fire and Burglar Any repeat offense 25 Alarm Systems" (14) Chapter 1216 First offense $ 5 "Land Divisions" Any repeat offense 25 (15) Chapter First offense $ 5 "Appendix A Any repeat offense 25 Howell Zoning Code" (16) Chapter 1410 First offense $5 "State Construction Any repeat offense 25 Code" (17) Chapter 1420 First offense $ 5 "Unsafe Buildings" Any repeat offense 25 (18)(17) Chapter 1450 First offense $ 5 "Fees for Permits, Any repeat offense 25 Certificates and Inspections" (19)(18) Chapter 1460 First offense $5 "Residential Rental Any repeat offense 25 Properties" (20) Chapter 1470 First offense $5 "Residential Rental Any repeat offense 25 Property Maintenance Code" (19) Chapter 1480 First offense $5 Property Any repeat offense $25 Maintenance (21)(20) Chapter 1614 First offense $50 "Fireworks Code" Any repeat offense 50 (22)(21) Chapter 1620 First offense $ 5 "Fire Lanes" Any repeat offense 25 (23)(22) Chapter 1630 First offense $ 5 "Life Safety Code" Any repeat offense 25 (d) [o change] (e) [o change] (f) [o change] Section 2. Chapter 1420, Unsafe Buildings, is hereby repealed. Section 3. Section , Building Permit Fees, is hereby amended as follows: 2

35 The following building permit fees shall apply for those items listed in this subsection. Other fees listed throughout this section may apply, as well, depending upon the project: (a) [o change] (b) Residential and non-residential building permit fees-renovations/additions. Residential and non-residential building permit fees for renovations and/or additions shall be determined by taking the actual cost of the renovation and/or addition and multiplying the same by the ICC permit fee multiplier, adjusted by using a three year construction cost average. The minimum permit fee shall be $100. (c) [o change] (d) [o change] (e) [o change] (f) [o change] (g) Building permits issued by the Building Official may be issued by said official upon the filing of a refundable performance bond as set forth herein. The bond shall be returned in full so long as the work as set out in the building permit is completed while the permit remains valid. The bond will be forfeited in full if the work set out in the permit is not completed while the permit is valid. The bond amounts are hereby set out as follows: (1) [o change] (2) [o change] (3) [o change] (4) A performance bond in the amount of five percent (5%) of the total project cost for a construction project costing more than fifteen thousand dollars ($15,000) up to a maximum bond of $5,000. (5) Performance bonds shall not be required in the following circumstances: for any project that has gone through site plan review and has provided the required review escrow required under Section i. Any project that has gone through site plan review and has provided the required review escrow required under Section ii. Any sign permit issued under Section i.iii. Any permit that is issued for interior renovations only to existing commercial structures. Section 4. Section Inspection Guidelines, is hereby repealed. Section 5. Section Vacating and Securing Buildings, is hereby amended as follows: The Building Official may declare a residential rental structure or residential rental unit to be unfit for human occupancy or entry (i.e., red tagged) based upon those criteria found in Section (d).based on the criteria found in Section of the Howell City Code. Section 6. Chapter 1470, Property Maintenance for Rental Properties Ordinance of the City of Howell, is hereby repealed. Section 7. Chapter 1480, Property Maintenance, is hereby amended as follows: 3

36 [o change] DEFIITIOS As used in this chapter: (a) "Building materials" means any lumber, bricks, concrete, cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, cement, nails, screws, or other material commonly used in the construction or repair of any buildings or structures ADOPTIO OF CODE BY REFERECE. Pursuant to Section 6.5 of the Howell City Charter, the International Property Maintenance Code, 2015 edition, as published by the International Code Council, for the purpose of regulating existing buildings and structures and premises in the City of Howell, as in this chapter modified, is hereby adopted by reference as if fully set forth herein, save and except such portions as may be hereinafter be amended or deleted by the City of Howell or the International Code Council, said amendments being effective as of the date of the amendment. A complete printed copy of the International Property Maintenance Code, as adopted and the amendments herein, shall be kept on file in the office of the City Clerk and the Community Development Office, where it shall be available for inspection by and distribution to the public during regular business hours GRADIG AD DRAIAGE. All privately owned lots and property shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. o property owner shall change the grade or drainage pattern so as to cause water to flow upon neighboring properties. Detention and retention structures as required under the Howell City Zoning Code are exempt from this provision ACCESSORY STRUCTURES. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair as determined by the Building Official DEFACEMET OF PROPERTY o person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair according to the Building Official EXTERIOR SURFACES. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Stairways, decks, porches and balconies shall be structurally sound, with proper anchorage and capable of supporting the imposed loads. Exterior wood surfaces, other than decayresistant woods, shall be protected from the elements by a decay protective covering, treatment or moisture barrier. All siding and masonry joints, as well as those between the building envelope and the perimeter of the windows, doors and skylights, shall be maintained weather resistant and water tight. (ote that the presence of a moisture barrier by itself does not satisfy this requirement.) All metal surfaces subject to rust and corrosion, and all surfaces with rust and corrosion shall be stabilized and coated to inhibit future rust and corrosion and oxidation stains shall be removed from exterior surfaces ROOFS AD DRAIAGE. 4

37 The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance BUILDIG MATERIALS LEFT OUTSIDE. o property owner shall store, accumulate, or permit the storage or accumulation of any building materials on property owned, leased, rented or occupied by him or her for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than the length of an active building permit on the premises LABORERS AD MATERIALS. (formerly Section ) For the purpose of this chapter, the Code Official, with the approval of Council, may employ such laborers and materials as may be necessary to implement this chapter HEARIGS AD APPEALS otwithstanding those requirements set out in Section 111, Means of Appeal, of the International Property Maintenance Code such requirements shall not apply to property maintenance violations issued under this Chapter. In the place of Section 111 shall be the following for purposes of appeals: Any person interested, who may be aggrieved by an order or notice of the code official made pursuant to this chapter, may, within twenty days from the date of service of such order or notice, appeal to the Howell City Council by filing, with the code official from whom the appeal is taken and with the City Clerk, a notice of appeal, in writing, specifying the grounds thereof. The code official shall forthwith transmit to Council all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the code official from whom the appeal is taken certifies to Council, after the notice of the appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life, health and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order granted by Council or by a court of record. Any person, whether or not a previous party of the appeal, owner, agent or occupant interested, who may feel aggrieved by an order or notice of the code official shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Howell City Clerk VIOLATIOS; REPAIR OR REMOVAL BY CITY; RECOVERY OF COSTS. (formerly Section ) (a) o owner of an unsafe building or structure, to whom an order or notice to repair or remove such building or structure is given, shall fail to commence or to complete such repair or removal within the time limit prescribed by such notice. (b) If the owner fails to commence or complete such work within such time limit, the Code Official may cause such work to be commenced and/or completed by the City, the cost and expense thereof, with a penalty of ten percent, to be collected from the owner of such structure in the 5

38 manner provided by law. The recovery of such cost and expense, together with the penalty, may be in addition to the penalty provided for in Section [o change] Section 7. All Ordinances inconsistent herewith are hereby repealed. Section 8. This Ordinance shall take effect 7 days after publication and pursuant to the Howell City Charter. ADOPTED by the Howell City Council at its regular meeting this day of, BY: ICK PROCTOR, MAYOR BY: JAE CARTWRIGHT, CLERK 6

39 CERTIFICATIO I hereby certify that the foregoing is a true and complete copy of Ordinance o. 918, adopted by the City Council of the City of Howell, Livingston County, Michigan, at a regular meeting held on the day of, 2018 and that the meeting was held and the minutes therefore were filed in compliance with Act o. 267 of the Public Acts of I WITESS WHEREOF, I have hereto affixed my official signature this day of, BY: Howell City Clerk 7

40 ORDIACE O. 918 A ORDIACE TO AMED VARIOUS SECTIOS OF THE HOWELL CITY CODE TO MODIFY THOSE CHAPTERS AD SECTIOS COCERIG REAL PROPERTY MAITEACE FOR ALL PROPERTIES I THE CITY OF HOWELL, TOGETHER WITH PEALTY PROVISIOS FOR VIOLATIO(S) THEREI THE CITY OF HOWELL ORDAIS: Section 1. Chapter General Code Penalty; Fines for Municipal Civil Infractions; Equitable Remedies, is hereby amended as follows: (a) [o change] (b) [o change] (c) The following schedule of fines for Municipal civil infractions, payable at the Municipal Ordinance Violations Bureau as provided for in Chapter 208, for admissions of responsibility by persons served with Municipal civil infraction citations and/or violation notices, is hereby established as follows: (1) Chapter 622 First offense $ 5 "Health, Safety Any repeat offense 25 And Sanitation" (2) Chapter 652 First offense $ 5 "uisances" Any repeat offense 25 (3) Chapter 872 First offense $ 5 "Street Vendor" Any repeat offense 25 (4) Chapter 1020 First offense $ 5 "Streets and Any repeat offense 25 Excavations" (5) Chapter 1022 First offense $ 5 "Sidewalks" Any repeat offense 25 (6) Chapter 1024 First offense $ 5 "Trees" Any repeat offense 25 (7) Chapter 1040 First offense $ 5 "Water" Any repeat offense 25 (8) Chapter 1042 First offense $ 5 "Sewers" Any repeat offense 25 (9) Chapter 1043 First offense $ 1,00 "Industrial Waste Any repeat offense 1,00 Water Pretreatment Regulations" (10) Chapter 1044 First offense $ 5 "Water and Any repeat offense 25 Sewerage Rates and Management" (11) Chapter 1060 First offense $ 5 "Garbage and Any repeat offense 25 1

41 Rubbish Collection And Disposal" (12) Chapter 1062 First offense $ 5 "Parks and Any repeat offense 25 Recreational Facilities" (13) Chapter 1066 First offense $ 5 "Fire and Burglar Any repeat offense 25 Alarm Systems" (14) Chapter 1216 First offense $ 5 "Land Divisions" Any repeat offense 25 (15) Chapter First offense $ 5 "Appendix A Any repeat offense 25 Howell Zoning Code" (16) Chapter 1410 First offense $5 "State Construction Any repeat offense 25 Code" (17) Chapter 1450 First offense $ 5 "Fees for Permits, Any repeat offense 25 Certificates and Inspections" (18) Chapter 1460 First offense $5 "Residential Rental Any repeat offense 25 Properties" (19) Chapter 1480 First offense $5 Property Any repeat offense $25 Maintenance (20) Chapter 1614 First offense $50 "Fireworks Code" Any repeat offense 50 (21) Chapter 1620 First offense $ 5 "Fire Lanes" Any repeat offense 25 Chapter 1630 First offense $ 5 "Life Safety Code" Any repeat offense 25 (d) [o change] (e) [o change] (f) [o change] Section 2. Chapter 1420, Unsafe Buildings, is hereby repealed. Section 3. Section , Building Permit Fees, is hereby amended as follows: The following building permit fees shall apply for those items listed in this subsection. Other fees listed throughout this section may apply, as well, depending upon the project: (a) [o change] (b) Residential and non-residential building permit fees-renovations/additions. Residential and non-residential building permit fees for renovations and/or additions shall be 2

42 determined by taking the actual cost of the renovation and/or addition and multiplying the same by the ICC permit fee multiplier, adjusted by using a three year construction cost average. The minimum permit fee shall be $100. (c) [o change] (d) [o change] (e) [o change] (f) [o change] (g) Building permits issued by the Building Official may be issued by said official upon the filing of a refundable performance bond as set forth herein. The bond shall be returned in full so long as the work as set out in the building permit is completed while the permit remains valid. The bond will be forfeited in full if the work set out in the permit is not completed while the permit is valid. The bond amounts are hereby set out as follows: (1) [o change] (2) [o change] (3) [o change] (4) A performance bond in the amount of five percent (5%) of the total project cost for a construction project costing more than fifteen thousand dollars ($15,000) up to a maximum bond of $5,000. (5) Performance bonds shall not be required in the following circumstances: i. Any project that has gone through site plan review and has provided the required review escrow required under Section ii. Any sign permit issued under Section iii. Any permit that is issued for interior renovations only to existing commercial structures. Section 4. Section Inspection Guidelines, is hereby repealed. Section 5. Section Vacating and Securing Buildings, is hereby amended as follows: The Building Official may declare a residential rental structure or residential rental unit to be unfit for human occupancy or entry (i.e., red tagged) based on the criteria found in Section of the Howell City Code. Section 6. Chapter 1470, Property Maintenance for Rental Properties Ordinance of the City of Howell, is hereby repealed. Section 7. Chapter 1480, Property Maintenance, is hereby amended as follows: [o change] ADOPTIO OF CODE BY REFERECE. Pursuant to Section 6.5 of the Howell City Charter, the International Property Maintenance Code, 2015 edition, as published by the International Code Council, for the purpose of regulating existing buildings and structures and premises in the City of Howell, as in this chapter modified, is hereby adopted by reference as if fully set forth herein, save and except such portions as may be hereinafter be amended or deleted by the City of Howell or the International Code Council, 3

43 said amendments being effective as of the date of the amendment. A complete printed copy of the International Property Maintenance Code, as adopted and the amendments herein, shall be kept on file in the office of the City Clerk and the Community Development Office, where it shall be available for inspection by and distribution to the public during regular business hours GRADIG AD DRAIAGE. o property owner shall change the grade or drainage pattern so as to cause water to flow upon neighboring properties. Detention and retention structures as required under the Howell City Zoning Code are exempt from this provision DEFACEMET OF PROPERTY o person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair according to the Building Official BUILDIG MATERIALS LEFT OUTSIDE. o property owner shall store, accumulate, or permit the storage or accumulation of any building materials on property owned, leased, rented or occupied by him or her for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than the length of an active building permit on the premises LABORERS AD MATERIALS. (formerly Section ) For the purpose of this chapter, the Code Official, with the approval of Council, may employ such laborers and materials as may be necessary to implement this chapter HEARIGS AD APPEALS otwithstanding those requirements set out in Section 111, Means of Appeal, of the International Property Maintenance Code such requirements shall not apply to property maintenance violations issued under this Chapter. In the place of Section 111 shall be the following for purposes of appeals: Any person interested, who may be aggrieved by an order or notice of the code official made pursuant to this chapter, may, within twenty days from the date of service of such order or notice, appeal to the Howell City Council by filing, with the code official from whom the appeal is taken and with the City Clerk, a notice of appeal, in writing, specifying the grounds thereof. The code official shall forthwith transmit to Council all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the code official from whom the appeal is taken certifies to Council, after the notice of the appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life, health and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order granted by Council or by a court of record. Any person, whether or not a previous party of the appeal, owner, agent or occupant interested, who may feel aggrieved by an order or notice of the code official shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application 4

44 for review shall be made in the manner and time required by law following the filing of the decision in the office of the Howell City Clerk VIOLATIOS; REPAIR OR REMOVAL BY CITY; RECOVERY OF COSTS. (formerly Section ) (a) o owner of an unsafe building or structure, to whom an order or notice to repair or remove such building or structure is given, shall fail to commence or to complete such repair or removal within the time limit prescribed by such notice. (b) If the owner fails to commence or complete such work within such time limit, the Code Official may cause such work to be commenced and/or completed by the City, the cost and expense thereof, with a penalty of ten percent, to be collected from the owner of such structure in the manner provided by law. The recovery of such cost and expense, together with the penalty, may be in addition to the penalty provided for in Section [o change] Section 7. All Ordinances inconsistent herewith are hereby repealed. Section 8. This Ordinance shall take effect 7 days after publication and pursuant to the Howell City Charter. ADOPTED by the Howell City Council at its regular meeting this 8 th day of October, BY: ICK PROCTOR, MAYOR BY: JAE CARTWRIGHT, CLERK 5

45 CERTIFICATIO I hereby certify that the foregoing is a true and complete copy of Ordinance o. 918, adopted by the City Council of the City of Howell, Livingston County, Michigan, at a regular meeting held on the 8 th day of October, 2018 and that the meeting was held and the minutes therefore were filed in compliance with Act o. 267 of the Public Acts of I WITESS WHEREOF, I have hereto affixed my official signature this 8 th day of October, BY: Howell City Clerk 6

46 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL SHEA CHARLES, CITY MAAGER DATE: OCTOBER 4, 2018 RE: ORDIACE 919 ALTERATIVE ICOTIE PRODUCTS At the September 24, 2018 meeting, Council requested modifications to Ordinance 919 which was introduced at the September 10, 2018 meeting, Enclosed are the requested modifications from City Attorney Dennis Perkins. Ordinance o. 919 was introduced to include the prohibition of electrical/mechanical nicotine products known as vaping by minors. Howell Schools have seen their students start to use these products in their facilities. Under current City ordinance minors are prohibited from using tobacco products and the schools have asked we amend it to include Alternative icotine Products. Many Michigan communities are adopting similar prohibitions for minors. Ordinance o. 919 amending Section 656 of the Howell City Code to include Alternative icotine Products within our current tobacco prohibition section is now ready for adoption. ACTIO REQUESTED A motion to adopt Ordinance o. 919, amending Chapter 656 to include prohibition of the use of Alternative icotine Products by minors within the City of Howell. Shea Charles City Manager

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53 ORDIACE O. 919 An Ordinance to amend Section 656 of the Howell City Code. THE CITY OF HOWELL ORDAIS: Section 1 Section 656 of the Howell City Code is hereby amended as follows: DEFIITIOS (a) Alternative icotine Product means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed or ingested by any other means. FDA approved cessation products containing nicotine, when properly procured either via a prescription or a medical doctor s recommendation, to control an alternative nicotine problem or addiction, shall be a defense to liability under this sub-section, (a). (b) Minor means an individual under 18 years of age. (c) Person who sells tobacco products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax. (d) Public place means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or public place of business. (e) Tobacco product means a product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the tobacco products tax act, 1993 PA 327. MCL 205,422, and cigars. (f) Use a tobacco product means to smoke, chew, suck, inhale, or otherwise consume a tobacco product. (g) Vapor Product means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. Vapor Product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device SELLIG, GIVIG, OR FURISHIG TOBACCO PRODUCTS, ALTERATIVE ICOTIE PRODUCT OR VAPOR PRODUCT TO MIOR PROHIBITED; MISDEMEAOR; PEALTY; SIG REQUIRED COPIES OF SIG; AFFIRMATIVE DEFESE; OTICE; REBUTTAL TESTIMOY; OTICE OF REBUTTAL; EXCEPTIO. (1) A person shall not sell, give or furnish a tobacco product, alternative nicotine Page 1 of 5

54 product or vapor product to a minor. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $5 for each violation. (2) A person who sells a tobacco product, alternative nicotine product or vapor product at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the department of community health that includes the following statement: The purchase of a tobacco product, alternative nicotine product or vapor product by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using a tobacco product, alternative nicotine product or vapor product is subject to criminal penalties.. (3) If the sign required under subsection (2) is more than 6 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2 inches and the statement required under subsection (2) shall be printed in 36-point boldfaced type. If the sign required under subsection (2) is 6 feet or less from the point of sale, it shall be 2 inches by 4 inches and the statement required under subsection (2) shall be printed in 20-point boldfaced type. (4) The department of community health shall produce a sign required under subsection (2) and have adequate copies of the sign ready for distribution to licensed wholesalers, secondary wholesalers, and unclassified acquirers of tobacco products free of charge. Licensed wholesalers, secondary wholesalers, and unclassified acquirers of a tobacco product, alternative nicotine product or vapor product shall obtain copies of the sign from the department of community health and distribute them free of charge, upon request, to persons who are subject to subsection (2) who do not purchase their supply of a tobacco product, alternative nicotine product or vapor product from wholesalers, secondary wholesalers, and unclassified acquirers of tobacco products licensed under the tobacco products tax act, 1993 PA 327, MCL to (5) It is an affirmative defense to a charge under subsection (1) that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of a tobacco product, alternative nicotine product or vapor product to persons under 18 years of age and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. The notice shall be served not less than 14 days before the date set for trial. (6) A prosecuting attorney who proposes to offer testimony to rebut the affirmative Page 2 of 5

55 defense described in subsection (5) above, shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than 7 days before the date set for trial and shall contain the name and address of each rebuttal witness. (7) Subsection (1) does not apply to the handling or transportation of a tobacco product, alternative nicotine product or vapor product by a minor under the terms of that minor s employment OITERFERECE WITH RIGHT OF PARET OR GUARDIA This act does not interfere with the right of a parent or legal guardian in the rearing and management of his or her minor children or wards within the bounds of his or her own private premises (a) PROHIBITED CODUCT BY MIOR; VIOLATIO AS MISDEMEAOR; PEALTY; PARTICIPATIO I HEALTH PROMOTIO AD RISK REDUCTIO ASSESSMET PROGRAM; COSTS; COMMUITY SERVICE; EXCEPTIOS; OTHER VIOLATIOS. (1) Subject to subsection (3) below, a minor shall not do any of the following: (a) Purchase or attempt to purchase a tobacco product, alternative nicotine product or vapor product. (b) Possess or attempt to possess a tobacco product, alternative nicotine product or vapor product. (c) Use a a tobacco product, alternative nicotine product or vapor product in a public place (d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product, alternative nicotine product or vapor product. (2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $5 for each violation. Pursuant to a probation order, the court may also require an individual who violates subsection (1) to participate in a health promotion and risk reduction assessment program, if available. An individual who is ordered to participate in a health promotion and risk reduction assessment program under this subsection is responsible for the costs of participating in the program. In addition, an individual who violates subsection (1) is subject to the following: (a) For the first violation, the court may order the individual to do one of the following: (i) Perform not more than 16 hours of community service in a hospice, nursing home, or long-term care facility. Page 3 of 5

56 (ii) Participate in a health promotion and risk reduction program, as described in this subsection. (b) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the individual to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility. (c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the individual to perform not more than 48 hours of community service in a hospice, nursing home, or long-term care facility. (3) Subsection (1) does not apply to a minor participating in any of the following: (a) An undercover operation in which the minor purchases or receives a tobacco product, alternative nicotine product or vapor product under the direction of the minor s employer and with the prior approval of the local prosecutor s office as part of an employer-sponsored internal enforcement action. (b) An undercover operation in which the minor purchases or receives a tobacco product, alternative nicotine product or vapor product under the direction of a state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of a tobacco product, alternative nicotine product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation. (c) Compliance checks in which the minor attempts to purchase a tobacco product, alternative nicotine product or vapor product for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance abuse coordinating agency as defined in section 6103 of the public health code, 1978 PA 368, MCL , and with the prior approval of the state police or a local police agency. (4) Subsection (1) does not apply to the handling or transportation of a tobacco product, alternative nicotine product or vapor product by a minor under the terms of that minor s employment. (5) This section does prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the violation of subsection (1) (b) SELLIG CIGARETTE SEPARATELY PROHIBITED; EXCEPTIO; VIOLATIO AS MISDEMEAOR; PEALTY. (1) Except as otherwise provided in subsection (2) below, a person who sells tobacco products at retail shall not sell a cigarette separately from its package. (2) Subsection (1) does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store or other retail store that deals exclusively in the sale Page 4 of 5

57 of tobacco products and smoking paraphernalia. (3) A person who violates subsection (1) is guilty of a misdemeanor, punishable by a fine of not more than $50 for each offense. Section 2. Section 3. All Ordinances inconsistent herewith are hereby repealed. This Ordinance shall take effect pursuant to the Howell City Charter. ADOPTED by the Howell City Council at its regular meeting this day of October, BY: ICK PROCTOR, MAYOR BY: JAE CARTWRIGHT, CLERK CERTIFICATIO I hereby certify that the foregoing is a true and complete copy of Ordinance o., adopted by the City Council of the City of Howell, Livingston County, Michigan, at a regular meeting held on the day of, 2018, and that the meeting was held and the minutes therefore were filed in compliance with Act o. 267 of the Public Acts of I WITESS WHEREOF, I have hereto affixed my official signature this day of, 20. BY: Howell City Clerk Page 5 of 5

58 CITY OF HOWELL MEMORADUM TO: FROM: MAYOR & CITY COUCIL TIMOTHY R. SCHMITT, COMMUITY DEVELOPMET DIRECTOR DATE: OCTOBER 2, 2018 RE: 677 DETROIT USAFE BUILDIG Throughout the summer and fall, Staff has been reaching out to specific property owners on structures that appear to have a great deal of deferred maintenance. The goal is to bring the properties back to a livable condition and 677 Detroit is one such structure. The Building Official did an exterior inspection of the property and noted a series of concerns, viewing it only from the road. Additionally, the property has been in violation of the City s tall grass ordinance consistently since 2010 and has been repeatedly mowed by the City during that time. The City regularly reaches out to property owners to discuss concerns about their property. Often these matters are resolved quickly; occasionally Staff has to follow up with a formal violation letter. The Unsafe Building designation is utilized only on properties with continued noncompliance or potentially abandoned properties. otice of the designation is sent to the property owner by first class mail at all known addresses. They are given 20 days to appeal the designation, at which point Staff would schedule the matter to be heard by the City Council. If the owner does not appeal and does not remedy the Building Official s concerns, then Court action is necessary. In August, we sent an initial certified letter to the owner of the property, Dirk Carswell, stating that the building was officially an unsafe building per the City s Ordinance and to contact us to address the matter. Mr. Carswell did not accept delivery of the certified letter. We followed up in September with a letter through First Class Mail. To date, Mr. Carswell has not responded to that letter either. At this time, Mr. Carswell s appeal period has passed and the condition of the house and property has not improved. Staff has had no contact with him. We have continued mowing the lawn, although it was mowed once this fall by someone else. The property is in violation of the Unsafe Building ordinance, a copy of which is attached, and the City needs to do a full inspection of the house to determine whether or not demolition is necessary. Staff is recommending that we proceed to the Court system to allow a full inspection of the house to determine how best to comply with the ordinance. ACTIO REQUESTED: A motion to direct the City Attorney to file necessary Court action to compel compliance with the Building Official s otice of Unsafe Building for the property at 677 Detroit. REVIEWED & APPROVED FOR SUBMISSIO: Shea Charles, City Manager

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