Effective Code Enforcement is... NICE

Code enforcement is one the essential services offered by our city. According to the City of Troy’s website “The Bureau of Code Enforcement administers the city's building construction, permitting and housing inspection programs. Under these programs the Bureau is responsible for the enforcement of all state and local codes as well as the city's zoning ordinance. Typical functions of the Bureau include issuance of building permits, performance of construction and housing inspections, vacant building inspections and issuance of certificates of occupancy and compliance.” In other words code enforcement keeps our city safe, clean, and orderly. As you can imagine it’s a tough task keeping an urban environment with numerous socioeconomically challenged neighborhoods. There are many reasonable influences that cause “code” issues. The list includes reasoning’s such as the current economic condition, a transient population, absentee landlords, and an aging housing stock.

The federal government through, the Department of Housing and Urban Development (HUD) facilitate the Community Development Block Grant (CDBG) program for local municipalities. The program's purpose is the development of viable urban communities for low-and moderate income persons through the provision of the following: 1) Decent housing, 2) A suitable living environment, and 3) Economic opportunity.

The City of Troy receives approximately $2.5 million annually from HUD. These funds are allocated to numerous citywide projects that fall within a target zone. The target zone is determined by the city administration through the development of a 5 Year Action Plan. The target zone must be within HUD’s qualifying census tracts which are determined through the census and based upon income.

One of the programs that is facilitated and paid for utilizing these federal CDBG funds is called the Neighborhood Improvement through Code Enforcement program (NICE). The approach this code enforcement program takes is aimed at achieve results in a timely manner. Over a specific period of time City Code Officers, whose sole responsibility is to conduct this program, will inspect the exterior of every property within the target area. If a violation is found the property owners will be notified instantly.

Once notified of the violation the property owner has 30 days to begin the repair, cleaning, or painting work that is needed for the property to be brought up to code. Property owners who fail to respond to City notices of violation will be ticketed after 30 days, brought to Code Enforcement Court, and be fined appropriately.

There have been 10 target areas from South Troy to Lansingburgh over the past eight years. Last year, our neighborhood group worked with Mayor Tutunjian to secure the NICE program for 2nd Avenue and 5th Avenue in Lansingburgh from 116th Street to Northern Drive. Personally, I believe the effectiveness of the program speaks for itself. Below are the statistics per target area, you can draw your own conclusions, however.

From the data shown below, for the total program history, there have been 3,526 properties inspected. Initially, just 42% of them where in code compliance (1,471 properties). Within the 30 day notification period 1,055 of those 2,055 found in violation started work to be come code compliant. At the end of the day, realizing that the data is still incomplete for the 2010-11 target areas, 72% of the properties inspected within the target areas are code compliant, a 71% increase from the initial compliance properties and this number will grow as the current programs expire. These are great results that will become greater!   

	Beman Park-Hillside	S. Lansingburgh - North Central
Year	2003-04	2005-06
# properties inspected	390	628
# initially comply	138	156
% comply	35%	25%
# respond or began work w/in 30 days	158	115
# court appearance notices sent	93	127
final # in comply	335	524
% final in comply	86%	83%
	5th Ave tgt blocks	South Central
Year	2005-06	2006-08
# properties inspected	44	530
# initially comply	18	291
% comply	41%	55%
# respond or began work w/in 30 days	16	134
# court appearance notices sent	10	45
final # in comply	34	477
% final in comply	77%	90%
	S. Troy Osgood	Burgh 2nd & 5th (104th -116th St.)
Year	2008-09	2008-09
# properties inspected	249	317
# initially comply	128	171
% comply	51%	54%
# respond or began work w/in 30 days	76	88
# court appearance notices sent	34	51
final # in comply	205	259
% final in comply	82%	82%
	S. Troy	North Central
Year	2009-10	2009-10
# properties inspected	511	334
# initially comply	193	156
% comply	38%	47%
# respond or began work w/in 30 days	132	107
# court appearance notices sent	113	90
final # in comply	433	263
% final in comply	85%	79%
	S. Troy Hillside	Burgh 2nd & 5th (116th St.-Northern)
Year	2010-11	2010-11
# properties inspected	261	262
# initially comply	97	123
% comply	37%	47%
# respond or began work w/in 30 days	131	98
# court appearance notices sent	33	27
final # in comply	TBD	TBD
% final in comply	TBD	TBD

Absentee Landlord and Vacant Building Management

If there is one thing this wicked winter has thought us it is the importance of our city’s Absentee Landlord registration and our Vacant Building registry. As the inches upon inches of snow have continued to fall coupled with the occasional rain/ice storm many neighbors have been asking, “Who is going to clean that sidewalk?” Often referring to a building that sits vacant or one owned by a known out-of-town owner. A well facilitated registry program is the answer to the question. The data that is required to be submitted by the property owner to the city allows city officials quick access to all pertinent contact information to seek a timely remedy to an issue that may arise.

In 2008, the city adopted a Landlord Registry. This program requires all property owners who live 20 miles or more outside the city limits to register their property with the city. The property owner is required to provide all pertinent contact information for themselves and for their required property manager. The process to register is simple. Either in person or via mail the owner has to complete an application which can be found on the city’s website or at city hall. Ninety days after taking ownership of the property this application needs to be completed and on file with the city. (Note: all properties owned by out-of-town landlords must have been registered within 90 of the passing of the registry in 2008.) The application fee of $150 will be waived if the property owner registers within these 90 days. If the owner does not register, the $150 fee is required plus an additional $75 fee for each 60 day period until the property is registered. Any fees that remain unpaid during a calendar year will be added to the tax levy of the affected property. Should a property remain unregistered the city can being action against the property owner and should they be found in violation, the owner will be subject of a fine up to $500. This registry provides the city with effective means of contacting and seeking remedy to any issue that may occur at a non-owner occupied property. In the past tracking down an owner or the owner’s representative presented city officials with challenges, especially with those who reside well out of the area. Owners are required to register their property every three years.

The city’s vacant building registry has been in place for a number of years now, but recently it has been updated. To be considered vacant a building must: A. be unoccupied and not secured or not boarded in compliance with the standards set forth in the city code; B. be unoccupied and not maintained in compliance with the standards set forth in the city code; C. be posted as "Unfit for Human Habitation" by the City of Troy Bureau of Code Enforcement; D. be illegally occupied; or E. be unoccupied for a period of time over three months. Vacant buildings can pose a serious health and safety issue to their neighborhoods. If they’re not secured and maintained properly they could be a breeding ground for unsavory activity and if they’re not well maintained they could fall victim to continued vandalism and severe dilapidation. Just as the landlord registry, there is a fee schedule. The city’s desire is to have these properties occupied and valuable assets to the community. So, an aggressive fee schedule has been developed to encourage owners to occupy them in a timely manner. The first year registration fee is $250, which along with the registry application and a plan for the property must be submitted to the city within 30 days of the building be declared vacant. Each year thereafter the registration fee increases: 2nd year is $500, 3rd year is $1,000, 4th year is $1,500, 5th year and each succeeding year is $2,000. Note that vacant building fees for buildings of 5,000 square feet or greater shall be doubled.

Why are programs like this important? They compel neglectful property owners to be responsible for their properties. City officials now have the most current information for the property owners and their representatives enabling them to effectively communicate in the event of an emergency or violation. Well maintained and occupied properties improve neighborhoods, increase property values and marketability, and prevent neighborhoods from falling into despair. They help provide all of us with the quality-of-life we desire.

Report on the issues -- a response to what matters most.

I have received a good amount of feedback from a recent blog where I posed the simple question, “What matters most to you in Troy?” Everyone has their own thoughts and opinions on what could be done to better our city and neighborhoods. A lot of the responses I received via email and through Facebook had a lot to do with quality-of-life issues and how to solve them. Most of the issues questioned have some form of law already on the books. I’m not claiming that it’s well written, enforced, or even the solution to the problem, but rather that something does exist. First, I’d like to introduce the issue, provide a little commentary, and secondly, provide the actual law that is in place to deal with the issue for you to learn more. I have left my views of a solution out to keep the response objective.


Curfew
Until recently the city’s curfew ordinance was not strictly enforced. Last year when then Assistant Chief Tedesco became Troy Police Chief, enforcing the curfew was one of his top priorities. Since then several curfew stings have been conducted with great success. Over the past few years our neighborhood group has seen a rise in the amount of nuisance crime and vandalism on properties and vehicles. Under aged school children have been pointed as the culprits of these crimes. In January Chief Tedesco was the speaker at our neighborhood meeting. He stated that the curfew program will continue and will be targeted at areas with the most complaints. If you believe your neighborhood should be considered for Curfew enforcement let your Community Police Officer know.

To better understand the limitations of the Curfew Ordinance click here learn more.


Vacant/ Abandoned Buildings
Vacant/ abandoned buildings are a plague for most post-industrial, urban municipalities. The empty buildings are a sign of the times. A host of reasons including lack of industry and owners to occupy them add to the problem, but primarily it's due to economic conditions that they remain empty and rot. These building are both commercial and residential. As a city you can only hope that if the building becomes vacant or abandoned the current owner secures it, continues to pay their taxes, and registers in on the city’s registry. If these buildings aren’t properly cared for they become major health and safety issues for those within the neighborhood and could negatively impact the value of the neighborhood. We all can debate what we each see as the solution, but in the day-to-day operation of a city we need to rely upon strict code enforcement to react to the issue. The city’s code pointedly defines vacant/ abandoned buildings and how they’re addressed.

Click here to learn more about the definition, fee schedule, securing, etc. You’ll want to read ss.141.18 through ss.141.21


Absentee Landlords
This has been a hot button issue over the last several years. These are individuals with little or no ties to our community owning and renting property without a care of who they rent to and they don't appear too concerned about the condition of their property. A lot of the issue lies in the fact that there is too much available housing in the city and not enough renters. To minimize the damage the property owners rent just to curb the loss they are taking. This results in a lack of care for the property and the community from both the renter and the property owner. Why? Because the owner isn’t making enough money to meet expenses and in turn not reinvesting in the property causing the renter not to care either. You can take this same example and reverse it to read, the renter doesn’t care causing the property owner not to either, but either way I’m generalizing. There are a whole host of issues here. No matter how you dice it the phenomenon of absentee landlords are a tremendous drain on our quality-of-life. But remember, not all are bad, some have great records and employ great property managers.

In 2008 the city adopted an Absentee Landlord Registry, to learn more about what it is and does click here.


Litter
This is another unfortunate reality that we find most prevalent in urban environments. It happens; all we can do is our best to set an example that this behavior won’t be tolerated. It can be found in our Alleys as I have discussed previously and it can be found on our streets. Recently, the Troy Dept. of Public Works instituted a litter enforcement program, for information on this please contact the DPW at 270-4579. If you haven’t read the book Fixing Broken Windows you should. It discusses the broken window theory, which as defined by Wikipedia is “a criminological theory of the normsetting and signaling effects of urban disorder and vandalism on additional crime and anti-social behavior. The theory states that monitoring and maintaining urban environments in a well-ordered condition may prevent further vandalism as well as an escalation into more serious crime.” This concept has been implemented across the country with great success. This was the driving force behind Mayor Giuliani’s take back of the NYC streets. In laymen’s terms, if a particular area is continuously littered with trash, someone needs to ensure to keep it clean and more often than not the area will improve over time and remain in a positive state. Or you can do as I did one day and personally confront the issue, read the blog post here.

As with everything else, the city does have a Litter ordinance, to learn more about it click here.


As I said these were the most common concerns noted. I enjoyed writing this post so if you have any other concerns or comments about the “issues” please send them over. I can be contacted via email at mailto:jgordon003@nycap.rr.com