MEMORANDUM

TO: City Council

FROM : David J. Deutsch, City Manager

SUBJECT: Commercial Code Compliance

DATE: September 7, 2005

Strategic Plan

One of the issues addressed in the 2005-2010 City of Bowie Strategic Plan is the aging infrastructure within the City.

The Plan states:
“ While Bowie maintains its public infrastructure, open spaces and facilities in an attractive working condition, facilities owned and operated by other private and public entities may not be maintained in such a fashion. In the worst cases, neglect of facilities and property may cause disruption in the receipt of certain private and public services and/or evolve into public eyesores.”

The Goal listed in the Plan, which is being addressed by this memo, is to:
Limit blight within the City by minimizing the decay of commercial buildings. (Attachment 1 -- Strategic Plan, page 17;
Attachment 2 -- Strategic Plan, page 29)

Narrative

The City of Bowie is fortunate to have a strong, comprehensive set of Codes that are enforced on both residential and commercial property. The City Code Compliance Division addresses residential property code enforcement, rental property licenses and inspections, as well as code enforcement relating to the external areas of commercial property. Staff receives excellent cooperation from various Prince George’s County Departments to solve problems when they are outside our scope of authority.

It is crucial to understand that the Codes, residential or commercial, are based on a minimum standard to protect the health, safety and welfare of the community as set forth in the Maryland Building Performance Standards and the Prince George’s County Code. Not all complaints received violate these minimum standards. The City Code meets these minimum standards and, in some cases, may be stricter than the minimum standards.

There are approximately 1,500 businesses located within the City limits. Currently, the City has one officer whose responsibilities include code enforcement on both rental properties and commercial properties. Approximately 20-25% of his time is spent on commercial compliance issues.

In researching this topic, staff met with officials in College Park to discuss their Zoning Enforcement authority to determine if a similar MOU would benefit the City of Bowie. Approximately three years ago, the City of College Park entered into an agreement with the County to provide College Park with the authority to tackle several ongoing problems. These issues included the conversion of single- family homes to multi-family units, illegal signs, commercial vehicles being parked in residential zones, accessory structures being erected in front yards, illegal businesses in residential zones, and the lack of proper Use and Occupancy Permits from the County. Fortunately, the City of Bowie has enacted City Codes to address the most common issues, specifically commercial vehicles in a residential zone, illegal signs and accessory structures (both use and placement). We rarely, if ever, have complaints about the conversion of single-family homes to multi-family units. This is a problem unique to College Park because of the need for student housing near the University of Maryland. The County has been quick to respond to the few requests we have made regarding complaints of potential illegal businesses, and also assisted with Use and Occupancy concerns such as in the Zug Road area.

Concerns have been raised over the past few years regarding specific properties or commercial areas.

· Market Place – Primarily the issue is the extended period of time that properties have remained vacant. This is not a Code issue. Exterior maintenance issues are addressed as they become evident.

· Zug Road – Primary issues related to use of the property. The County stepped in immediately when notified to check Use and Occupancy Permits and require that businesses comply with all County and State regulations.

· Pointer Ridge Plaza – This commercial area is in need of modernization. Several years ago, issues arose regarding a broken fire hydrant, illegal signs, abandoned vehicles, and outside storage. All Code issues were rectified through enforcement of the City Code and cooperative efforts with the County. Staff continues to provide guidance to the center owner regarding his intention to upgrade the facility.

Existing City of Bowie Commercial Enforcement Authority

The City of Bowie Code Compliance Division of the Department of Community Services currently performs several commercial code enforcement activities. Specifically, we are enforcing the property standards found in Chapter 5-7 of the Code of Ordinances which allows us to issue notices and municipal infractions for areas that include landscaping, sanitation, grading, noxious plant growth, insect and rodent harborage, open storage, and accessory structures. This enforcement is performed on an exterior basis only and covers exterior walls, roofs, foundations, stairs, porches, railings, windows, exit doors, insect screens, gutters, and address numbers.

The City requires building permits for new construction or interior renovations on all commercial properties. We also perform commercial sign enforcement. When covenant issues arise, our Code Compliance office has worked with the Department of Planning and Economic Development to correct violations. The City also issues warnings and fines to shopping center owners for abandoned vehicles that appear on their properties.

The City has obtained limited land use authority, and currently has jurisdiction for Design and/or Landscape Standards, Parking and/or Loading Spaces, and Sign Design Standards.

Summary Comments

Appropriate and effective code compliance is vital to the long-term health of the City. Council has established a comprehensive and effective code compliance/
housing inspection program that is used to maintain property standards on commercial property, as well as residential property.

· Code changes can be made to further our scope of authority as it relates to specific concerns regarding commercial properties. Staff can discuss with the City Attorney specific additions to the Code as directed.

· Staff recommends that the City continue to work hand-in-hand with the County, making use of their varied expertise and broad scope of service. City Code enforcement activities, even if increased, can only be enhanced through this partnership.

· Staff proposes to develop a program with an increased focus on commercial code issues during the upcoming months using existing staff and potentially requesting additional full or part-time staff, during the upcoming budget cycle, allowing an officer to spend additional time inspecting commercial properties.

· Staff would welcome any specific concerns about existing Code issues regarding the exterior of commercial properties and will address those immediately.

DJD/SCH

Attachments