HomeMy WebLinkAboutPacket - 10/27/2009 - Community Development Committee City of McHenry
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333 South Green Street , McHenry,Illinois 60050-5495
COMMUNITY DEVELOPMENT COMMITTEE
MEETING NOTICE
Date: Tuesday, October 27, 2009
Time: 7:00 p.m.
Place: McHenry Municipal Center
Aldermen's Conference Room
Purpose: 1. Public Input(3 minute limitation)
2. Continued Discussion on Garage Sales
3. Continued Discussion on Damaging Property and Graffiti
Ordinance Revisions
4. Update: Code Enforcement
5. Other Business
jaku.ce a pees
Janice C. Jones, City Clerk
City of McHenry
Posted: October 21, 2009
/kmk
Clerk's Office and Public Works,Construction Parks and Police
Administration and Neighborhood Services Recreation (Non-Emergency)
(815)363-2100 (815)363-2170 (815)363-2160 (815)363-2200
Fax(815)363-2119 Fax(815)363-2173 Fax(815)363-3186 Fax(815)363-2149
www.ci.mchenry.il.us
COMNUTTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin,Deputy City Administrator
FOR: October 27,2009 Community Development Committee Meeting
RE: Garage Sale Ordinance Update
Background
At the August 25`h meeting the Committee discussed a draft of an ordinance update on garage sales.
Since that meeting the proposed ordinance has been revised. A provision requires applicants,who want
to rent out space for charitable or other purposes, to appear before the City Council is included. In
addition, the fees have been adjusted in accordance with the Committee's recommendation, the adult
merchandise provision has been amended and pre-packaged food has been defined.
Staff Analysis
Attached is a red-lined version of the proposed updates and changes.
Recommendation
To forward the attached ordinance to the full City Council for consideration.
GARAGE SALE REGULATIONS
Garage Sale defined-includes any occasional sale of personal property at a residence by one or
more families in a neighborhood or by a group efat a nonresidential property where the sale is
conducted by a not-for-profit agency only-,including but not limited to rummage sales,yard sales,attic
sales,aaetiees,estate sales,moving sales and trunk sales. Sales must only include excess second-hand
goods,junk,antique or other used or discarded items and not acquired or produced specifically for
resale.
Permit Fee and Sign Stickers Required-A garage sale permit shall be obtained from the
Construction and Neighborhood Services Department not less than 48 hours prior to the start of any
garage sale;a permit fee of$340 shall be charged to any resident upon compliance by such person
within the provisions of this ordinance;the permit shall be posted in the front yard area so as to be
easily seen by city officials and shall be nontransferable. T-the fee shall be utilized to off-set
administrative,enforcement and sticker costs;
A fee of$15 plus$I/participating home$?Apfepefty shall be charged for any subdivision or;association
in the same general vicinity the fee shall be utilized to off-set
administrative,sticker and enforcement costs,as well as cost associated with placing"No Parking"
signs throughout the subdivision or general garage We area;upon payment for a garage sale permit
identification stickers shall be provided to the resident to place on all garage sale signage;if a sticker is
not displayed on a garage sale sign the sign will be removed by City staff.
Renting out garage sale space for charitable or any other purpose-Renting area to the
general public for the purpose of raising funds for a charitable or any other cause,such as a parking
space on residential or non-residentially-zoned property,for the purpose of selling items which
normally would be associated with a garage sale as defined herein is permitted
only be obtaining approval by
the City Council.. These sales are required to seek City Council approval for the event after all
potential issues related to the sale are addressed including parking
_Adult Merchandise-the sale of adult-only merchandise shall be permitted with the-condition __-_- Formatted:No underline
that all adult-only merchandise be -roped-off,placed behind a curtain,or other
Means so as-not to be open or easily accessible to the nominal viewing publice neFinal-publie-pie . A44
Food prohibited unless Health Permit is obtained-there shall be no food served at any garage
sale within the City unless proof of obtaining a health department permit from the McHenry County
Health Department is submitted to the City. This does not include prepackaged food and/or beverages;
Pre-packaged food is defined as bottled,canned,cartooned,bagged or securely wraoged. Pre-packaged
non-potentially hazardous food is exempt from McHenry County Health Del2artment permit and fee
requirements but all other requirements in the ordinance must be met.
Operation of Retail Selling Business Prohibited-It shall be unlawful for anyone to conduct a
retail selling business pursuant to a permit issued under these regulations or to engage in any sales other
than those of junk,secondhand,antique or other used or discarded items of property.
Person Conducting Sale to be Owner or Occupant of Premises-It shall be unlawful for any
person to conduct a sale pursuant to these regulations who is not the owner of the premises where such
sale is held.
Sale Frequency-two(2)garage sales shall be conducted on the same premises within any calendar
year;each sale can last no more than three(3)days; There shall be a minimum of thirty(30)days
between each sale;
Restrictions on Location of Sales Activities-No sales regulated by this Chapter and no sale items shall
be located on any public sidewalk,parkway or any other part of the street right-of-way.
Signage-shall not exceed five(5)square feet in area with a maximum height of four(4)feet;
one sign is allowed for each zoning lot,except any lot with more than one frontage may have two(2)
signs,one displayed on each frontage. Off-premise directional signs may be displayed in the public
right-of-way with a minimum of five(5)feet from any roadway on the days when the garage sale is
being conducted. No more than three(3)off-premise signs shall be permitted for each garage sale;an
additional 20 square foot sign shall be permitted to be located at one-subdivision entrance,for any
neighborhood,association or group garage sale within the same
general area;garage sale signs may only contain the following information: days of the sale,hours of
the sale and address/location where the sale is to take place. Off-site signage shall be restricted to one
(1)per-wiai*roadway(interseetien)sign and two(2)interior subdivision roadway signs. Signs at
multiple entrances to a subdivision are prohibited.
Additional Garage Sale Regulations
Removal of signage-All garage sale signs authorized by this ordinance shall be removed.on
the last day of the sale;
Noise-Use of loudspeakers and/or amplifiers is prohibited;no sale held pursuant to this chapter
shall be conducted with the use of outdoor loudspeakers or other amplification equipment;
Attachments-No attachments,including but not limited to: balloons,streamers,pendants,etc.
may be attached to any street poles,fire hydrants,sign poles,light poles or similar structures or located
within a landscape bed or flower bed.
Multiple Sales-When a subdivision,neighborhood or group of more than four(4)separate
sales at the same location is conducted,parking shall be restricted to one side of the street.
Zoning District-A garage sale,as provided herein,shall be conducted from residentially-zoned
property only or alternatively by a not-for-profit organization on a nonresidentially-zoned property;
Sale Hours-Sales conducted in accordance with the provisions of this ordinance shall be
conducted only during the periods 8:00 a.m.to(8:00)p.m.Monday thru Saturday and(9:00)a.m.to
(6:00)p.m.on Sunday,unless special permission is granted by the Director of Construction and
Neighborhood Services.
Ordinance Violations-Any person,group or association violating any provision of this
ordinance shall upon conviction be fined not less than$25 nor more than$100 for each offense each
day that such a violation occurs or continues shall be deemed to constitute a separate offense.
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin,Deputy City Administrator
FOR: October 27,2009 Community Development Committee Meeting
RE: Amendment to Municipal Code Relating to Damaging Property and Graffiti
Background
At the August 251h Community Development Committee an ordinance amendment was presented
to the Committee regarding damaging property and graffiti. The Committee will recall that the
City has an ordinance which addresses damage to property including graffiti; however, the
ordinance is vague and does not include specific language that addresses the removal of the
graffiti by the owner of the property that was vandalized. The City has dealt with graffiti on
public and private property in the past but does not currently have an enforcement mechanism to
require the property owner to remove graffiti from their property.
Staff Analysis
Attached are proposed revisions to the ordinance proposed by the City attorney. Some of the
language has been condensed from the prior version. In addition, the following restitution
provision remains within the ordinance as requested by the Committee.
Restitution by the violator shall also be made to the owner of any property damaged or
destroyed. Northing herein shall preclude such additional civil remedies available to the
person whose property has been damaged or destroyed.
Recommendation
To forward the attached ordinance revisions to the full City Council for consideration.
Ordinance No MC-09-
An Ordinance amending
Chapter 14 Sect 14-32 of the City of McHenry Municipal Code
Relating to Damaging Property and Graffiti
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1:That Chapter 14 Offenses—Miscellaneous,Article I In General,Section 14-32
Damaging Property of the City of McHenry Municipal Code is hereby amended by repealing it in its
entirety and replacing it with the following:
Sec.14-32.
, ---- Formatted:Bullets and Numbering
03)penalty.Any perge"Whe kielat ' . . F Seetieft 14 �2(A)shall be fined not less than$490 -- Formatted:Bullets and Numbering
been damaged ef:destfeyed.
See ',� "�Graffiti and Damaae to Prouerty.
(A)Graffiti and Damage to Property Prohibited.It shall be unlawful,and is hereby declared a nuisance to
place graffiti,or permit graffiti to remain upon any public or private curb stone,flagstone,brick,sidewalk
or any portion of any part of any sidewalk or street, or upon any tree, lamp post,telephone pole,utility
box, utility pole, stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or
enclosure,vehicle,bridge,pier or upon any other public or private structure or building. It shall also be
unlawful and is hereby declared a nuisance to actively damage befoul disturb destroy or deface any
City property or any public or private property without permission of the owner, or to permit such
property to remain damaged befouled disturber, destroyed or defaced except as permitted by law. A
violation of this subsection is an ordinance violation with a minimum fine of$400. Restitution by the
violator shall also be made to the owner of any 12EMerty damaged or destroyed. Nothing herein shall
preclude such additional civil remedies available to the person whose property has been damaged or
destroyed.
(B)Graffiti Defined. Graffiti is any permanent display of any name, identification, letter, numeral, figure,
emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any
combination thereof,which without authorization,or,despite advance authorization,is
,is marked,written,drawn,painted,scratched,inscribed or affixed,
and which is a different color from the color of the exterior of those objects or structures described above
and to which is affixed. Graffiti shall not include any—sign marking, or communication permitted or
required to be permitted by law and inscribed placed or otherwise displaved with the pennission of the
landowner.
(C)Removal of Graffiti by Property Owner or the City.
Property Owner Responsibility. It shall be unlawful for any person who is the owner or who
has primary responsibility for control of the property or for repair or maintenance of property in
the City to permit property that is defaced with graffiti or otherwise damaged in violation of
subsection(A)above to remain defaced or damaged for a period of two days after written notice
of the defacement violation has been provided by the City. Said written notice shall contain the
following information:
i. The street address or legal description of the property sufficient for identification of the property;
ii. A statement that the graffiti must be removed or the damage fixed within two days after receipt of
the written notice;and
ii-iii. If the graffiti or damage is not abated within the specified time frame, the City will•--- Formatted:Bullets and Numbering
declare the property to be a public nuisance,subject to abatement procedures.
1. Exception to Property Owners Responsibility.The removal requirement of Subsection 14-32.1(C)
shall not apply if,in the City's discretion.the property owner eaa-has demonstrated that:
i. An extension of the time is needed due to weather, temperature or physical limitations. An
extension of time may be granted by the City upon application of the property owner to and
approval by the Director of Construction and Neighborhood Services and/or his designee;a.
,--- Formatted:Bullets and Numbering
Of
ii. The property owner or responsible party has an active program for the removal of graffiti and has
scheduled the removal of the graffiti as part of the program; however, it shall be unlawful to
permit such property to remain defaced for a period of seven days after service of written notice;
or
iii The property damage in question is not the result of an intentional act of property damage butte - Formatted:Bullets and Numbering
rather due to general neglect in maintaining the property, or due to a weather event or other
natural or accidental cause In such a case the City shall determine if the property otherwise
violates City codes on property maintenance and shall determine whether to issue a citation to
the owner based on the above violation..
2. Abatement by the City upon noncompliance.
i. Any property owner who fails to remove graffiti or otherwise repair property damage within two
days after receiving written notice from the City shall receive a non-traffic citation and notice to
appear at an Adjudication Hearing for a violation of this Chapter 14 Subsection 14-32.1(C).
9'
ii. Upon the failure of any owner or agent so notified to remove graffiti or otherwise repair property
damage, the Director of Construction and Neighborhood Services is hereby authorized and
empowered to pay for the removal or to.order the removal by the City;upon which the City will
use all powers available to recoup expenses/costs incurred by said abatement for noncompliance.
SECTION 2: That Chapter 1 General Provisions of the City of McHenry Municipal
Code, Section 1-12 Settlement of Offenses, Sub-Section A. Payments be amended by
adding the following to the table contained therein:
SECTION OFFENSE COLUMN A COLUMN B
14-32-.4(C) Failure to remove graffiti $50 $100
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify
the remainder thereof,which remainder shall remain and continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form(which publication is hereby authorized)as provided by law.
Passed and Approved this day of 2009.
Voting Aye:
Voting Nay:
Not Voting:
Absent:
Abstain:
APPROVED:
Mayor
(SEAL)
ATTEST:
City Clerk
r'
COMM ITTEE SUPPLEMENT
nt Committee
Community Developme
TO: City Administrator
Douglas Martin,Deputy
FROM: evelopment Committee Meeting
FOR: October 27,2009,Community D
RE:
Code Enforcement Update
Background
person fully
maintenance continue to be at t�urrently has ejTont oone up es or
e
ro erty Department. The City Code enforcement and Neighborhood Services ion Se ices who oversees Construction and Tleig addition to the Superintendent of soeC�stalso assist on an as-needed
dedicated to code enforcement in additionbuilding inspectors
the area. As a result of the slowdown in housing gr
basis.
Staff Analysis
supplement is a year-to-date report of codeenforcementicellaneous violation,anu sance
tions are
Attached to this PP dangerous building, housing,
categorized as one of the following: S
ion. The
violation and zoning. In addition the chart shows the number mutative number otf daystelapseheir id fortspecified
second sheet attached to this supplement shows thecoin taints and it took 1�7 days from receipt of the
P
time periods. For example there were 126 housing
complaint to inspection which results in approximately one daylcotoplaint.
TOTAL # Year to date
Violation Type Total Closed #Abated #Voluntary Comp #Unfounded #to Admin Open Cases
Dangerous Building 29
3 13 4 0 9
Housing 126
3 89 13 0 21
Misc Violation 138
14 82 26 0 16
Nuisance Violation 325
47 138 69 2 69
Zoning 73
16 35 4 0 18
TOTAL 691 83 357 116 2 133
656 Signs removed from city right of way, can be added to abated zoning violations
for a total of 672.
Thursday October 1,2009 Page 1 of 1
CORE PERFORMANCE # OF DAYS
T8„ '*
to
-18
NAM
Dangerous Building
- - .._.....- ..._ - _................._._.............._-------------- .... .
Sum -
__- s 90 I 585 _... . ___..._
..
Housing
r............ ... ..........._ _- .. .. ....-I ____._._...... -- ..._ - .._....... -_ ......_ �...__
127 1174
Sum .__.. _..._... ...--- - .... __
Misc Violation
.... ---- __. - -. ._ _---
Sum 126 I 532
Nuisance Violation
.. ......... _ ..-..._._ _ ........
160 346 j 1746 I
Sum _._.. . I. ... .................. .........
Zoning
87 450
Sum _......_. -.. .. _.- ... ............. ............ ......
...-
Grand Total 160 776 4487
Wednesday,September 30,2009 Page 1 of 1