At the North East Borough Council meeting Monday evening, Mayor Bobbi Jo Morey, vetoed Ordinance 936, passed by council in the previous meeting which adopted the International Property Maintenance Code (IPMC) with included revisions as outlined in the ordinance. Her objections were laid out in a document presented to council along with two additional documents, one proposing a blight task force and the other describing a more specific, multi-step enforcement mechanism for code violations. After some discussion, council chose not to override the veto.
Objections outlined by the mayor
The mayor’s objections fall into three categories:
Procedure and transparency: The ordinance was not properly advertised because it did not include any reference to Ordinance 924 (Rental Inspection and Registration) which the new ordinance would impact to a very large degree. That ordinance was passed after much work and public discussion and without calling it out, many who would be affected as a result of the new ordinance were not properly informed. Also, the size and complexity of the IPMC disguises unintended consequences, such as making some properties in North East, currently considered safe and code compliant, to now be in violation of the new standards.
Negative impacts on local business: The code makes demands that may be physically or financially impossible to meet for some businesses. The granular and highly specific portions of the code can be surprising:
… section 602.4 of the IPMC requires that occupied work spaces be heated to a minimum of 65 degrees from October 1st thru May 15th. This is simply not possible or reasonable for many businesses in our community. Even OSHA does not require such a measure. Business owners had no reason to assume that this Ordinance would require them to meet these standards
There are likely many other examples.
Failure to address core issues: While some residents think the new ordinance will fix long standing code violations, there is nothing in the new ordinance that would enforce the new code any differently than the current code. The problems that exist are failures of enforcement, not the lack of sufficient property maintenance codes.
Potential solutions
Blight task force
Mayor Morey proposes a blight task force which would work to head off some of the current issues before they arise with a “neighbor helping neighbor” approach. Property declines for many reasons and working to address root causes of the blight may point the way to resources that owners may not even be aware of for fixing the issues they already have. She explains her proposal in some detail in the linked document and it’s well worth reading.
Improved code enforcement
If property maintenance codes already exist and some violations have gone on for years, something is obviously wrong with current enforcement methods. More complex and comprehensive codes won’t solve the problem. The mayor has outlined a process that escalates enforcement in reasonable steps and includes regular reporting, enhanced penalties and cost recovery. It is a great starting point for discussion and consideration by the Borough Council.
The objections and proposals submitted by the mayor can be reviewed at the links below. I believe they are well worth your time and consideration.
It’s often hard to understand why and unfortunate that these problems even exist because most of us use the “be a good neighbor” principle to guide our own actions and we would not let these things happen, but not everyone follows that principle and it is why these ordinances are necessary and why firm enforcement procedures must be in place. Take a few minutes to read the mayor’s ideas and leave your thoughts and comments below. If you’re concerned about the problem, your attention and suggestions could make a difference.
Mayor Morey’s objections and supporting documents:
Notice of Objections and Veto of Ordinance No. 936
Blight Task Force Proposal
Code Enforcement Suggestions
Ordinance 936 Adopting IPMC vetoed by the mayor
International Property Maintenance Code
Related: the previous ordinance that would be affected by the new ordinance 936
Ordinance 924 Rental Inspection and Registration
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Sue Wilson says
It would be helpful if the township zoning ordinances were held to better standards as well. This is not the case. What recommendations are there for this to apply to North East Township?
Paul Crowe says
I was at Monday’s township meeting as well and two township residents spoke up about issues with nearby properties that seem to be probable code violations. The problem does exist in the township, and likely in many other municipalities to varying degrees. As I noted above, the “be a good neighbor” principle is not universally practiced.
Property maintenance ordinances and zoning ordinances don’t enforce themselves and property owners who disregard them need to be notified and dealt with if they refuse to take corrective actions.