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Habitual city code violators could face hefty penalties – Jun 10, 2020

Brenden Moore
The State Journal-Register

Members of the Springfield City Council took on one of their favorite targets at their committee-of-the-whole meeting Tuesday evening: property owners who are habitual violators of city code. The committee discussed an ordinance proposed by Ward 10 Ald. Ralph Hanauer that would put the proprietors of problem properties on notice by progressively increasing penalties for noncompliance.

As written, those who violate city code would be fined $150 for a first offense if the problem is not abated within seven days. If there’s a second violation within a certain time frame, they would have four days to fix the problem or face a $300 fine. A third violation and everyone thereafter would lead to an automatic $500 fine.

Violators would also be responsible for any costs associated if Public Works crews have to abate the problem.

“So hopefully, that will give people the motivation to not have (code violations) in the first place,” Hanauer said. “The idea is not for us to have to go out and cite people. That’s the main goal.”

Under the proposed ordinance, which advanced to the debate agenda for next week’s council meeting, the clock on violations would reset every 12 months. But council members indicated that it would likely be amended next week to 24 months, which would align with the city’s existing chronic nuisance ordinance. Hanauer characterized the proposal as a way to “put some teeth” into the city code.

Currently, the only way the city often can ensure compliance is by taking code violators to administrative court, a costly and time-consuming process. And, though not always the case, fines are typically dropped if the problem has been abated before the court hearing.

If passed, fines would be assessed regardless if problems are not abated within the time frame set up by Public Works inspectors.

Hanauer cautioned that this was only a first step, describing it as a “three-layered cake.”

The other layers include the city’s chronic nuisance ordinance. Under the rules approved in 2016, properties could be labeled as such after at least three proven code violations that resulted from three separate city inspections in a two-year period. An administrative court hearing officer makes the determination.

The designation carries a $1,000 fine and puts the address and owner’s name on a list on the city’s website.

The other layer involves new language for code violations that threaten public health. Ward 8 Ald. Erin Conley said she is working on that issue.

Earlier this year, the owners of a near west side home were fined more than $1,000 for violating two city codes related to their failure to abate a rat infestation. The problem was abated after the owners of the rental property were taken to administrative court.

Pending the amendments that are offered on it next week, Ward 7 Ald. Joe McMenamin indicated he would likely support Hanauer’s ordinance.

“We got to move in this direction because we have serial offenders who never pay the price,” McMenamin said. “And we got a lot of good landlords out there that I think will have no problem with this because they know how to take care of problems when they arise.”

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The State Journal-Register