Charlotte City Council
Community Safety Committee
Meeting Summary for May 21, 2009
COMMITTEE AGENDA TOPICS
I.
Subject:
Rental Property Ordinance
Action:
None
Staff Resources:
II.
Subject:
Major Eddie Levins & Deputy Chief Ken Miller
Defining a Pet within City Limits
Action:
Forward to full Council an amendment to City Code Chapter 3,
Section 102(c)(3)(d)
Staff Resource: Mark Balestra
COMMITTEE INFORMATION
Present:
Absent:
Time:
Patsy Kinsey, Andy Dulin, Edwin Peacock
Warren Turner
2:15 – 3:45 p.m.
ATTACHMENTS
1. Agenda Package
2. Rental Property Ordinance.ppt
DISCUSSION HIGHLIGHTS
Council member Edwin Peacock called the meeting to order and asked everyone in the room
to introduce themselves. Assistant City Manager Eric Campbell said that at the request of
Chairman Turner, who is on his way, we will start with agenda item 2, and then move to the
Rental Property Ordinance. There are no action items today so, we can go ahead and get
started. Mr. Campbell then turned it over to Mark Balestra, Animal Care & Control
Supervisor.
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I. Defining a Pet within City Limits
Council member Peacock asked Mr. Campbell to give a quick update to everyone on how
this agenda item made it to the Committee. Mr. Campbell said this item was referred to the
Committee by Council member Warren Cooksey, who asked the Committee to review the
definition of a pet within city limits, to see if there was any need to adjust or amend the
definition given the current status of pets within various communities throughout the country
and make sure our ordinance is up-to-date. So, we asked Animal Care & Control to look at
the current ordinance, current definitions and the way we currently define pets and animals in
the city. It will be up to the Committee to decide if they feel there are any areas that they
need more information on or feel something needs to be changed.
Council member Peacock asked if there is any incident that prompted this referral to the
Committee. Council member Andy Dulin stated that the only thing he is aware of is the
pigmy goats issue. Mr. Campbell stated that it is an issue being discussed, but that is not the
referral before the Committee. Council member Dulin praised the Animal Care & Control
staff and said they are doing a great job and he is pleased with their responsiveness.
Mr. Balestra stated that defining a pet is quite cumbersome and broad in definition. He
referred to the “Definition Variations of the Word Pet” handout [copy attached]. He stated
that they found out, very quickly, that the word pet is broad and subjective in how it’s used.
It is also contingent on the different geography you may be in, to whom might consider what
to be a particular pet. Depending on where you live and the law, some may consider a
monkey a pet. Here, in Mecklenburg County, monkeys are prohibited. The common words
used when looking at the variety of definitions of the word pet is domesticated, tamed,
companion (used most) or cared for professionally.
Mr. Balestra also provided information on what other cities and counties in North Carolina
are doing when they define the word pet (see “Cities and Counties within NC” document
[copy attached]). Out of 80 different cities and municipalities, only 3 used the definition of
the word pet. Those 3 are Hickory, N.C., Raleigh, N.C. and Rocky Mount, N.C.
Mr. Balestra said the only time the word pet is used in our ordinance [copy attached] is to
define the word exotic or exotic definitions. When the ordinance was created, we looked to
accomplish several things – 1) what’s the minimal standard for managing animals in our
community, 2) what’s in the best interest of those animals, 3) how do we protect disease
from being transmitted from animals to humans and 4) how do we preserve tranquility, piece
and the dignity of the city. Instead of using the word pets, we used categories of definitions
such as; live stock, wild animal, exotic animals, domesticated, dog and cat and then created
regulations on how to best manage those specific categories of animals.
(Council member Patsy Kinsey entered the meeting)
Vice Chair Kinsey (acting Chairman) introduced herself and asked Council member Peacock
if any background had been discussed on this issue. Council member Peacock stated that he
inquired to how we arrived at this and for the audiences purpose he thought it would be a
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good idea if some history could be given. Chairman Kinsey said the question is pigmy goats,
which she feels are clearly pets, and there are a number of them in town. It wasn’t until a
neighbor had a little bit of a problem with 2 pigmy goats, that this came up. She said she had
been out to see the pigmy goats before they were placed out of town and they are clearly pets
and smaller than a black lab. Council member Cooksey asked that it be referred to this
Committee and that is where we are right now. She stated that she believed what has been
requested is to look at pigmy and dwarf goats, kept as household pets, and exempt them from
the pasture area requirements.
Dulin:
Is the area requirement a ¼ acre lot to be able to have an animal like that?
Balestra: It’s a ¼ acre of pasture area. We don’t prohibit the keeping of livestock in the
city; it just requires a permit in the criteria that has to be met.
Kinsey:
I think the question is - are they termed pets. Would they fall under that
category? I think they are clearly pets.
Dulin:
I visited the site before the goats were moved and when I was there some guy
drove by the site and yells “give the guy back his goats.” The neighbors seem to
like the goats. The kids like to see the goats. Is the ¼ acre requirement a ¼ acre
of open space?
Balestra: It’s pasture area. That’s where we get into what is considered reasonable. You
can supplement minimum dietary needs like grain, but is it the natural instinct of a
goat not to graze?
Dulin:
My understanding is that these pigmy goats are fed like dogs. These goats lived
outside and didn’t smell.
Balestra: They are different in anatomy. Goats are considered ruminants and the way they
eat and digest is food is totally different than domestic dogs. Referencing the
odor or smell, prior to castration they do certain things to create a musky odor.
That odor is minimized once the castration takes place.
Dulin:
Is our Spay and Neuter Clinic able to spay and neuter pigmy goats?
Balestra: No, not ours.
Dulin:
Where do they go?
Balestra: To a vet.
Dulin:
You mentioned earlier “what is reasonable”. From what I saw the other day at
another site that has pigmy goats, it seemed reasonable for this gentleman to take
care of his goats from the enclosures I saw and his ability to care for these goats
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and the goats to have shelter. You also mentioned earlier that this hasn’t been
examined in 20 years, as far as the definition of the word pet so, I think it’s worth
looking at.
Balestra: May I make a suggestion? Perhaps you would be more interested in the acreage
requirement rather than try to redefine the word pet, which as I’ve shown is very
broad. We could put something specifically in the livestock section that says
“except for pigmy goats, that then shall be at the discretion of your Manager.”
What the ordinance tries to do when they put in the ¼ acre requirement is to take
some of that subjectivity and discretion away from officers and be more
consistent in their recommendations in their inspections and permitting. I found
nothing that says their environment has to be a ¼ acreage. I think that was
considered reasonable, as far as having adequate land for them to roam on and
what’s considered reasonable of keeping a distance from goats and neighboring
properties.
Dulin:
I would be in favor of tinkering our wording a bit so that somebody with a ¼ acre
lot can have pigmy goats. I don’t want to mess it up for a family who has a ½
acre and the little girl owns a pony and they have a fenced in backyard and they
bring the pony home for a weekend.
Balestra: There is a concern of a precedence being established of the start of petting zoos
being created within an urban area, because there are miniature horses that are
smaller than domestic dogs, as well. Also, your experience with the guy driving
by in support is just one experience. There is strong opposition within that
community referencing the presence of those goats. Some people feel that their
enjoyment, tranquility and property value is being compromised by the presence
of barn animals.
Peacock: I would like to make a motion to the Committee and propose a revision to City
Code Chapter 3, Section 102(c)(3)(d) as such – Each cow or other large livestock,
excluding equines, should have the minimum pasture area of two acres. Each
goat, sheep or other small livestock shall have a minimum pasture area of onefourth acre. Pygmy and dwarf goats, kept as household pets, shall be exempt
from this pasture area requirement.
Dulin:
I second, but I have a question. Does the wording mean that we are exempting
them from the ¼ acre?
Peacock: Yes
Dulin:
Then I’m not quite on board with that. That means someone in a condo could
have one.
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Peacock: It says each goat, sheep or small livestock shall have a minimum of one-fourth
acre, so you couldn’t have a pigmy goat in a condo downtown.
Dulin:
Then you exclude them.
Peacock: According to what this says, there is not a pasture area requirement for the pygmy
and dwarf goats.
Dulin:
Right, there needs to be some sort of open area requirement or else someone in a
condo can have a pigmy goat.
Kinsey:
Goats live outside and they will have to have some space. Someone living in a
condo will not keep a goat inside.
Campbell: I just want to point out one thing as you contemplate this, there is another section
that is important that is not directly related to this, but would still apply. Mr.
Balestra can explain the nuisance piece.
Balestra: Even if you exempt the acreage requirement, for permitting it says there shall not
be a nuisance. Nuisance is further defined as odor, noise and other areas that
compromise the peace, enjoyment and tranquility of neighboring properties. So,
even if we lifted the acreage in this scenario, there is opposition regarding
nuisance that comes into play.
Kinsey:
We are not addressing that and I totally understand it.
Dulin:
May I make an amendment to your wording and say each goat, sheep or small
livestock, including pigmy and dwarf goats, shall have a minimum lot size of onefourth acre.
Kinsey:
I don’t believe that changes the code.
Dulin:
Okay. I don’t want condo owners having to come back to complain about a
pigmy goat down in Condo # 202.
Kinsey:
That’s not going to happen. I’m going to ask the pigmy goat owner to speak if he
doesn’t mind.
Koenig:
To address that concern, in the same statute and same section it says, “goats and
other small livestock shall be kept at a minimum of 25 feet from any property
line.” That would exclude any kind of downtown condo. The statute already
takes care of your concern.
Dulin:
Thank you very much. I’ll support the motion as originally said by Council
member Peacock.
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(Motion passed unanimously)
II.
Rental Property Ordinance
Chairman Kinsey stated that the next item on the agenda is the Rental Property Ordinance.
Mr. Campbell said this is the proposed ordinance that the CMPD and the stakeholders have
been working on for the last few months. The ordinance is very detailed and in depth. There
is no way we can get through the entire ordinance is one setting. So, I’ve proposed for them
to give you an overview of how we got to this point and what the ordinance accomplishes. In
subsequent meetings we can get into the detail of the implementation, fees, creation of appeal
boards, and those other things within the ordinance.
Council member Dulin said that as a background to the group, he wanted to let everyone
know that this is very important to him. He received a call at 10:00 am on Christmas
morning in 2007, which has put him in the front line of this. An elderly gentleman, who
lives in his district, in a neighborhood with a large number of rental homes, called and said
he was sorry to call on Christmas day, but there was a murder 2 houses up from his house
about 2:00 am. Someone was shot and killed on the front steps. The gentleman was
concerned because his grandson was coming over that day for Christmas dinner and there
was police tape around the house and the gentleman didn’t know what to tell the grandson.
Council member Dulin said that he went to the house later that day and in that case, the
rental home was owned by 2 brothers in Matthews who hadn’t been to the house in a year.
We have to “dial” this thing [the Rental Property Ordinance] up and get it worked out.
Deputy Chief Ken Miller thanked the Committee for allowing them to be at the meeting and
introduced Major Eddie Levins and Police Attorney Mark Newbold. Major Levins said the
purpose of today’s presentation is to give the Committee some background information and
discuss the ordinance’s key provisions, Rental Review Board and the disorder risk threshold.
Major Levins began reviewing the “Rental Property Ordinance” presentation [copy
attached].
[“Rental Issues” slide]
Major Levins said that the community concerns of the quality of life and crime in the
neighborhood was brought to the table several years ago. After reviewing further, they
realized that the absentee landlords were a big part contributing to disorder. The rates are
higher in rental properties. CMPD looked at management practices in other areas throughout
the state and country and to see what best practices are being done. CMPD also reached out
to many stakeholders who are in the rental business to see how they did business. Major
Levins said they did find that in a small percentage of housing there was a larger percentage
of crime and disorder. That included issues with landlords that basically used the CMPD and
Code Enforcement as their property manager.
[“Key Findings: Multi-Family” slide]
Major Levins stated that out of about 350 apartment complexes, 30 apartments account for
36.1% of the violent crime, 23.1% of property crime, and 22% of citizen service calls. 10 of
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these communities are common to both violent and property crime.
[“Ordinance Research” slide]
Major Levins said they researched locally, in the state, and across the country for other
ordinances. We’ve probably put in more effort into the research and the framing than many
of these places. We have tailored our ordinance after a lot of the policies in all these cities
listed.
Dulin:
Does Raleigh make every rental property register and pay a fee?
Paskoff:
Yes, they started it less than a year ago. Their ordinance is driven by Code
Enforcement. They charge a registration fee of $30 for the first unit and $10 for
every additional unit. Raleigh’s ordinance is code based. The other cities are all
crime driven.
[“Summary of Cities Surveyed” slide]
Major Levins said the common features among all the ordinances are they all have a
registration process and a threshold for action or a trigger point. Some areas use a trigger
like the number of police calls to the location and some others use more of a mathematical
formula. The idea is to make the owners responsible for the crimes because it’s the owner’s
responsibility to make the tenants accountable. The ordinance also addresses inaction by the
property owners with penalties.
A lot of the cities provide owners with workshops. Some areas take control of the property if
it is not managed properly after attempts have been made. A few areas use Crime Prevention
Through Environmental Design (CPTED), like using lighting, trees, parking; things that can
be changed through environmental action that can contribute to crime and disorder.
[“Rental Property Ordinance – Discussion” slides]
Major Levins stated that regarding registration, the current issue is identifying, locating and
communicating with owners of rental properties. CMPD has a hard time identifying, through
the tax records, business licenses and other areas, what properties are or are not rental
properties. Without a registration process there is no good way to get good data to evaluate
it.
Deputy Chief Miller said there are a few areas in this ordinance that is controversial.
Registration is one of them or the fact that there is a fee with it. We don’t know what that fee
will be yet. Registration is a critical component. If we don’t know who to call and we have
to reach an LLC or someone who has a P.O. Box or someone who runs a corporation through
a 3rd or 4th party, sibling or cousin, we (CMPD, Fire, and Code Enforcement) cannot find
those folks to address the issue. CMPD doesn’t believe we ought to be the ones to manage
the registration process, so we would suggest that it be outsourced to a company to be
managed. So, registration is a key component to this ordinance as is the disorder risk
threshold.
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Kinsey:
I’m hearing from all different sides. There are people who say it’s very easy to
find out who owns a property through the Register of Deeds, and so on. Don’t
you have to register a property? Where would this outside company get this
information?
Newbold: A company may be on a deed as an LLC or various ways of owning it, but it’s not
a person or a delegator for that property. We need to identify a human being.
Kinsey:
Do you not go through that contact at LLC to get the appropriate person?
Newbold: We have sent notices to LLCs and have gotten no responses at all.
Kinsey:
Would the agency be able to get a better response?
Newbold: In our opinion, and this is not in agreement with all the stakeholders, but a
separate database is the way to go. The process of mailing out notices and those
types of things, once they are in the system, would be done by an outsourced
company. The police would not be in charge of running that.
Kinsey:
Who gets the owner to get them registered? What’s the process through which
we initially get the owner?
Miller:
Initially, there would be public notice. The data we have pulled, through tax
records, gives us exceptions. We can look at the exceptions and if the owner’s
address differs from the parcel address, that is your first indication. It is largely
accurate, but not completely accurate. In addition we do have P.O. boxes in tax
data, which would give us a place to go and knock on the door. We have LLCs
listed in tax data, as well. So, that is where a company would begin, in addition
to residential property transfers. The responsibility is on the owner to register.
The company would utilize their data sources to look for those exceptions that
would be largely rental property.
Major Levins went on to say that the next important item is the Disorder Risk Threshold. A
mathematical formula is put into place and properties will fall either above or below “In
Need of Remedial Action (INRA).” If they fall in the areas that are at risk that will drive us
to the next step, which is a mandatory meeting with CMPD. CMPD will have to prove to
them why they are on the list and explain to them why they are there and hear from the
owners to see why they think they are there. Once they come to an agreement that there is a
need to be there, CMPD then tries to help them put in place processes and practices that will
help them get off the list. The action plan is reviewed after 6 months and if they fall down
below the INRA status then they won’t hear from us again, unless they fall back down the
next year. If they are still in need after that initial 6 month period, CMPD will continue to
work with the owners and give them another 6 months. They will work together to try to
come up with another action plan and get them off the list. If after that 2nd 6 month period,
they are still on the list, then the process goes again for another 6 months. CMPD gives the
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owners 1 ½ years to correct the problem, in hopes of getting them off the remedial action list.
Dulin:
Is that 1 ½ years from the first time we contact them?
Levins:
Yes
Dulin:
Well, when we contact them they are already a nuisance to the neighborhood.
Miller:
We are giving them time to implement a plan and for that plan to have some
impact. For instance, it may take 90 days to get someone evicted. In fact, it may
take longer to work up your eviction case on a property once you identify them
and are now springing into action. If someone is cooperating, we want to give
them the opportunity to continue working on a plan to bring the property into
compliance.
Major Levins continued with the presentation and said that the next item is due process
where evidence would have to be clear and convincing. There are several ways your
registration can be revoked: 1) if you fail to register, 2) if you fail to comply with the action
plan and 3) if the Rental Review Board decides to revoke it after the property owner goes
through the 3rd cycle with no improvement on INRA. The ordinance also has sufficient
penalties for failing to register and renting while revoked. We are in agreement that you
should have some graduated penalty steps similar to what code does and we believe the top
step should be close to $5,000 a day if they continue not to comply.
Kinsey:
Is that based on other cities’ amounts?
Newbold: Yes and they range all over the place. In one city if they aren’t in compliance it’s
immediately referred to the City Attorney for a nuisance abatement procedure.
Another city has an ordinance where the fine ranges from $500 to $1000 per day.
One provision that we like is if a person has failed to register, but they come in
within a certain time, then they are automatically forgiven.
Deputy Chief Miller continued and began talking about the Crime Risk Threshold (CRT)
document [copy attached]. He stated that one of the things they wanted to do was create
something that was less arbitrary and more objective in nature. A number of the other
ordinances have pretty arbitrary areas. We wanted to compare properties against peer
properties so we used the standard deviation model. We never reached an agreement in the
stakeholder group on what those standard deviations should be or how far from the average
property it should fall before it becomes INRA. That’s what this document provides some
guidance for. Council set direction for us last year as CMPD embarked on the process, there
was a concern to identify and isolate the smallest number of properties that create the largest
crime problems for the community.
The CRT document shows you 3 options. In our meetings, the stakeholders saw the 2/2/1
option and the 2/2/2 option. After a meeting with Chief Monroe, we added a 3/3/3 option for
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your review and to get to a more pointed concern that the rental property industry had that
we were addressing too many properties with the other thresholds.
Deputy Chief Miller explained that the “1 standard deviation” out from the average of all
properties in a population basically mean that 34% of the properties would exceed the
average. The “2 standard deviation” means 5% would fall outside, so, 95% would fall within
the norm. “3 standard deviations” out would be that 99% would fall within the norm and
only 1% would fall outside the norm. So, with the 3/3/3 option we would be targeting
essentially 1% of the properties overall.
The Disorder Calls, Property Crime and Violent Crime columns correlate with the rows on
the left that say: 1st row - single family/townhome rental, 2nd row - multi-family (2-9
units)/condo (2-9 units)/duplex/tri-plex, and 3rd row - multi-family (10-49), multi-family
(50+), Condo (10+). Those rows indicate the percent of crime in each of those categories
that that threshold would address. CMPD’s recommendation is a 2/2/2 option. That strikes
a balance between crime percentages, where this ordinance will make a meaningful
difference for the effort that goes into it. CMPD does not think the 3/3/3 option addresses
enough crime. In the 2/2/1 option, we like the fact that a lot of property crime and violent
crime are addressed and it adds about 73 properties in the mix that aren’t in the 2/2/2 option.
We wanted an objective threshold, meaningful in the context of addressing crime, worth the
effort and to be as fair as we could in the rental industry. CMPD believes the 2/2/2 option
addresses the 5% that was a major concern. On each option for the single-family property,
CMPD set a minimum event of 2 violent crimes. You have to go over 2 violent crimes to go
over the threshold. That is because until you hit 3 standard deviations out, you never got 2
crimes, so 1 violent crime would put every single-family rental over because it’s all averaged
over per units.
Dulin:
I heard what you said, but in reference to my example of the gentleman that called
on Christmas morning - that was a violent crime, and had nothing else been called
into that particular property, then that would not have raised a red flag under the
2/2/2 option.
Miller:
It wouldn’t under the ordinance, but it would raise a red flag because we had a
homicide at a rental property and that brings attention. It wouldn’t trigger action
under the ordinance.
Dulin:
Would it trigger action under the 2/2/1 option?
Miller:
No, it’s a minimum for single-family rentals. We set a minimum of 2 violent
crimes as your threshold.
Newbold: I just want to quickly touch base on the enforcement piece. We tried to take into
consideration the displacement of people who lived in apartment complexes that
did not participate in any of the criminal activity or disturbance. If an order of
replication is issued, there has to be a transition plan in place.
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Dulin:
I’m good with almost everything, except for the registration part, which is a big
part of what you guys want.
Newbold: That’s the big piece.
Dulin:
Does this add anything to your staff to manage the outsourced company?
Miller:
We don’t think so, but we do think the ordinance will add to our staff. We will
need an analyst to help us crunch these numbers because when we sit down for
that mandatory meeting we have to know what crimes have shown up that
triggered the threshold.
Dulin:
I would hope your coordinators would know a lot about these properties, but I
know it’s a big city and the coordinators have to cover a lot of ground. You said
today that it is a small percentage of the housing that is the nuisances. We have
30,000 rentals in Charlotte?
Miller:
There are 39,000 single-family rentals. There are 61,084 rental properties and
167,000 units.
Dulin:
I’m for tightening up on the rental owners, but I’m against the registration of
39,000 single-family homes and the other condo units. I would like for this
ordinance to target where the crime is. I think we should let the drugs and
homicides trigger the meetings, the calls and the cleaning it up, rather than putting
a blanket over anyone that owns a rental property.
Miller:
If we do not have a registration, then we have no clean data. We won’t have the
data necessary to get an accurate threshold assessment and therefore, we won’t
get an accurate result on the threshold and the right people at the table to begin
with. We have to be able to identify the population available, so we can compare
them among themselves and find the outlines. We don’t have a source of good
data in the city or county to do that. We’ve met with Register of Deeds and the
County Tax Office to look at various ways of modifying their systems and there is
no interest and in some cases, not practicable, for them to do it or manage it.
Dulin:
I’m wrapped up on the registration deal. I’ll have to come back on that.
Peacock: I want to let everyone in the room know that we are very appreciative of you all
for doing this. I would also like to remind the room that we are only 3
representatives out of 11 and the reason we are here is to thoroughly look at these
types of questions. This is the process that we work through to get it to full
Council. I think we are about half-way through and nothing is changing right
now. This is not your last chance to come at us and speak before the full Council
and the Mayor. My question to staff is why we are registering all when the
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problem is occurring by a small population of renal unit. What are we going to do
with all this data? What is the cost and when will we get to the cost question in
the stakeholder’s group? Are there other cities where they didn’t register all?
Newbold: I did not find any that did not register them all.
Miller:
We need to register all because you can’t come up with a threshold without
knowing which are owners or renters. The rate of crime on rental properties is
significantly higher than on owner occupied properties. If you lump all properties
together, then you will affect fewer crimes unless you lower your standard
deviation. If you are looking for an objective measure to identify problem
properties, we need to know the known population of a particular type of housing.
Now, if you want to come up with an arbitrary number and apply it based off the
data we have and forgo the registration process then we can do that. But, then
you get to where we are now, where it’s very difficult to get in contact with
owners. How much staff time do you want to burn to figure out who’s
responsible for these properties? Right now, we burn a lot.
Peacock: So, you say the reason we need to register all is because; 1) it’s a baseline for the
data to support the definition of a threshold and 2) the intent for having that
information is for quicker and more rapid ability to reach that individual.
Miller:
Yes
Levins:
More simply, it’s a business. Every other business in this city and county has to
register.
Peacock: Okay, what about cost?
Miller:
We identified 3-4 staff positions depending on which threshold we go with. That
would include 1-2 officers to help manage the evaluation of the data.
Peacock: CMPD is part of the cost to support this program. What about the cost of the
outsourced company?
Miller:
They would consume the largest portion of the registration fee.
Peacock: Is there a range of what it would be per property?
Miller:
We reached out to the company that does the animal licensing for the city, to see
if they have the capacity and to see what the cost would look like. They looked at
the number of parcels, the number of units and the estimated number that we have
and they said that if every owner registers 1 time it would be $12. It doesn’t
matter if they own 20 properties or 1, its $12. Then there is a $1 per unit
processing fee. The city fee that would be attached is $2 per unit. Now, contrast
that with Raleigh whose is $30 per parcel and $10 for every unit. We aren’t
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interested in generating revenue; we are interested in cost recovery. The 3-4
positions would cost us between $245,000 - $320,000.
Peacock: Have you thought about the cost for the initial communication plan, to get this out
(startup cost)? We will need a cost comparison with the other cities. I expect that
the stakeholders should be a part of the cost discussions. CMPD should be able to
show Council what it’s going to cost the majority of people that are doing
business, legitimately, in Charlotte.
Miller:
If you are a single-family rental landowner, the cost to you is $13 per year. If you
are on the maximum side, with a 600 unit apartment complex, it will cost $1,812
per year. There’s your range.
Peacock: Regarding Houston’s ordinance, that’s the one we started out comparing to, right?
It seems to be the one that is oldest on the list.
Newbold: We started out with it, but landed pretty far from it. There are different ways to
recover costs for this process. I hear the concern from you all regarding make the
good businesses register, and to only focus on the bad ones. What Houston does
is have everyone register, but the main fee is to recruit from those who cause the
most problems through an inspection fee. That is another alternative. Houston is
crime focused and ours is too.
Peacock: I’d like to ask staff to pull the minutes from the Houston City Council vote on
11/9/06. Their Council voted 12-3 to require all city apartment owners to comply
with security measures. I’d like us and Council to see what the debate was about.
Also, I’d like for staff to do some research on Houston’s experience with crime
as a result of Katrina. Also, from the other cities mentioned, I’d like to know how
they arrived at creating a rental property ordinance. Was it like CMPD of having
many years of frustration or was there a disaster, like Katrina. Regarding the
threshold chart, this is very confusing for most of us to understand. The 2/2/2
option needs to be spelled out. You should remove or clarify what the word
standard deviation means. What is a disorder call, what is a property crime, what
is a violent crime? So much of this had to do with CMPD responding and Code
Enforcement being on the ground so, I’d like to see some type of report on how
Code Enforcement and CMPD will interact. What’s the relationship and outline?
How do you get off the list once on it?
Newbold: There are two ways. The first is you come back in compliance through your
remedial action plan and you’re off. The second one is if you have recently
complied and done everything requested, the review board can say your done.
Peacock: Is the stakeholder’s process complete?
Newbold: No
Community Safety Committee
Meeting Summary for May 21 2009
Page 14 of 14
Peacock: Is it normal for CMPD to communicate to the neighborhoods, early like this,
about an ordinance that could be changing? Apparently, you all have been to the
eastside to communicate. We’ve received lots of emails about this ordinance.
Miller:
We have said this is important to the stakeholders group and they reach out and
connect to others. That is how the word has gotten out. We haven’t had a
campaign for this. If people ask what they can do, then we say to contact your
Council member.
Mr. Campbell stated that the next meeting is scheduled for June 18 but, it appears there is a
conflict with the Inter-City trip. At the next meeting, we intend to break down the
presentation you saw today and bring back sections in more detail. There is currently no
schedule for this item to come to the Council. Angela Maynard will poll the Committee to
find a date in June that works for everyone.
(Meeting adjourned at 3:45 p.m.)
Community Safety Committee
Thursday, May 21, 2009; 2:00 – 4:00 pm
Room 280
Committee Members:
Warren Turner, Chair
Patsy Kinsey, Vice Chair
Andy Dulin
Edwin Peacock
Staff Resource:
Eric D. Campbell
AGENDA
I.
Rental Property Ordinance
Staff Resources: Deputy Chief Ken Miller & Major Eddie Levins
CMPD staff will present a proposed Rental Property Ordinance that would require
landlords to register rental property and allow for remedial action if crime and disorder
calls reach a designated threshold at a rental location. No decisions or recommendations
are requested at this meeting.
Attachment: 1. Rental Property Ordinance
2. Disorder Risk Threshold
II.
Defining a Pet within City Limits
Staff Resource: Mark Balestra
At the March 9, 2009 City Council meeting, a request was referred to the Committee to
review how pets are defined within the City and to make recommendations for change, if
deemed necessary. CMPD Animal Care & Control staff will discuss and review the
broader definitions of a pet.
Attachment: 3. Charlotte Code Animal Definitions
4. Pet – Definition Variations
5. Cities and Counties Animal Codes
Next Scheduled Meeting: June 18, 12:00 pm, Room 280
Distribution:
Mayor/City Council
Stephanie Kelly
Curt Walton, City Manager
Rodney Monroe
Leadership Team
Jon Hannan
Mac McCarley
Mark Balestra
Attachment 1
ORDINANCE NUMBER:___________
AMENDING CHAPTER 6
AN ORDINANCE AMENDING CHAPTER 6 OF THE CHARLOTTE CITY CODE
ENTITLED “BUSINESSES AND TRADES”
________________________________________________________________
WHEREAS, The City of Charlotte has a significant governmental interest
in protecting the health, safety, and welfare of the general public and preserving
the public order; and
WHEREAS, G.S. 160A-174 allows a city by ordinance to define, prohibit,
regulate, or abate acts, omissions, or conditions, detrimental to the health, safety,
or welfare of the public, and the peace and dignity of the city; and
WHEREAS, there are residential rental properties in the City of Charlotte
that have become a haven for various criminal or disruptive activities that cause
disorder in our community; and
WHEREAS, the City Council desires to minimize and control the adverse
effects caused by illegal activities occurring on and in these properties and
thereby protect the health, safety, and welfare of the citizens, preserve the quality
of life and property values and the character of neighborhoods and businesses,
and deter the spread of urban blight; and
WHEREAS, the City Council recognizes that it is necessary for the City to
apply its limited police and other municipal resources in accordance with the
needs of the community at large, and to adjust the application of those resources
as necessary to address activity that is injurious to the health, safety and welfare
of the public; and
WHEREAS, the City Council desires to implement a registration
requirement for property owners which will facilitate the City in contacting the
these property owners in order to address disorder calls, health and safety code
violations and statutory violations, as well as to implement remedial action
programs; and
WHEREAS, there is a significant and demonstrative need to implement a
program designed to assist residential rental property owners and managers who
have experienced excessive levels of criminal activity and disorder; and
WHEREAS, the City Council desires to enact a remedial residential rental
action program for residential rental property owners in order to implement
recommended measures to curb excessive levels of criminal activity and disorder
at rental properties, and
M Newbold 5/15/09
1
WHEREAS, the City Council, finds that a residential rental property
owner’s failure or refusal to successfully complete the remedial action program is
injurious to the public’s health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Charlotte, North Carolina, that:
Section 1. Chapter 6 “Businesses and Trades” of the Charlotte City Code is
amended by creating Article XII entitled “Residential Rental Remedial Action
Program”, to read as follows:
“ARTICLE XII. Residential Rental Remedial Action Program
Section 6-580. Purpose
The purpose of this article is to establish a requirement that all owners of
residential rental property rental units must register with the City sufficient
identification information so that the City may expeditiously identify and contact
the owner when excessive levels of disorder activity have occurred on or in the
property. In addition, the City desires to establish a method to hold owners of
residential rental property accountable for failing to use effective methods to
reduce disorder activity on their property. It is not the intent of this article to
determine the rights and liabilities of persons under agreements to which the City
is not a party. This article shall not be construed to alter the terms of any lease or
other agreement between a landlord and a tenant or others relating to property
that is the subject of this article; provided that no provision of any lease or other
agreement shall be construed to excuse compliance with this article.
Additionally, a violation of this article shall not in and of itself create a negligence
per se standard or otherwise expand existing liability in tort for either a landlord
or a tenant.
Section 6-581 Definitions
The following words, terms and phrases, when used in this article, shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning:
Disorder Activity: Activity occurring on or in Residential Rental Properties
categorized as reported violent crimes, reported property crimes, and certain
types of disorder related citizen-initiated requests for police service only as listed
in the appendix of this ordinance entitled “Appendix A – Disorder Activity.” A
domestic violence call for service is not a disorder activity.
M Newbold 5/15/09
2
Disorder Activity Mean: Statistical averages of each category of Disorder
Activity calculated across the known populations of Residential Rental Property.
Disorder Activity Rate: A rate developed to balance enforcement action
under this ordinance regardless of the number of rental units on a residential
rental property and is the numerical result of a calculation that divides each
category of Disorder Activity into the number of dwelling units on an individual
Residential Rental Property.
Disorder Risk Threshold: A statistical comparison of the Disorder Activity
Rate of a specific Residential Rental Property to the Disorder Activity Mean for
the purpose of determining whether a Residential Rental Property is In Need of
Remedial Action.
In Need for Remedial Action: (INRA): A designation by the police official
that a Residential Rental Property has been identified for enforcement action
under this ordinance.
Manager: The person, persons or legal entity appointed or hired by the
owner to be responsible for the daily operation of the residential rental property.
Owner: The person, persons or legal entity that holds legal title to a
residential, rental property.
Police official: The Chief of Police or his designee who is primarily
responsible for the administration of this Article.
Registered agent: The person identified by the owner of the residential
rental property in the registration filed pursuant to this article who is authorized to
receive legal process and/or notice required or provided for in this article.
Remedial Measures: A mandatory and voluntary measures as stated
within the Remedial Action Plan Manual, a copy which is attached to this
ordinance as Appendix B.
Rental Property Review Board: The board created pursuant to this Article.
Residential Rental Property: A single family rental dwelling unit or multifamily rental dwelling units for use by residential tenants including but not limited
to the following: mobile homes; mobile home spaces, townhomes, and
condominium unit(s).
Remedial Action Plan: A written plan agreed upon and signed by both the
police official and owner whereby the owner agrees to implement remedial
measures on a residential rental property designated as In Need for Remedial
Action. (INRA)
M Newbold 5/15/09
3
Section 6-582 Registration of Residential Rental Property
(a)
Registration Required. It shall be unlawful for any person to lease
or rent residential rental property for which an accurate and current registration
has not been filed with the police official.
(b)
For each residential rental property parcel, the owner(s) of the
residential rental property shall provide or cause to be provided to the police
official the following information regarding such property:
(1)
The address(s) for the residential rental property which shall
include the street name(s), number(s) and zip code.
(2)
The name(s), business or personal address, telephone
number, and email address of the owner.
(i). If the property is owned by multiple natural persons, then
the required information shall be that of one person who has
legal authority to act on behalf of the other owners.
(ii) If the property is owned by a corporation, whether foreign
or domestic, then the required information shall be that of a
registered agent and of an officer who has authority to act on
behalf of the corporation.
(iii). If the property is owned by a partnership, then the
required information shall be that of the managing partner
and one alternate who have legal authority to act on behalf
of the partnership.
(iv). If the property is owned by an unincorporated
association or any other legal entity not mentioned above,
then the required information shall be that of a person who
has legal authority to act on behalf of that association or
entity.
(3) The number of units located on the residential property.
(c)
The address(s) required in subsection (b) may not be a public or
private post office box or other similar address.
(d)
Whenever there is any change of ownership of residential rental
property, including but not limited to, the sale of the property or any ownership
interest therein, the seller shall notify the police official of all purchaser
information as set forth in Section 6-582 (a) within thirty (30) days from the date
of change of ownership.
(e)
The owner of a newly constructed residential rental property shall
comply with the provisions of this section no later than thirty (30) days following
issuance of a certificate of occupancy.
M Newbold 5/15/09
4
(f)
A copy of this ordinance shall be provided by the seller to the
purchaser at the time the contract for sale is executed.
(g)
Proof of registration issued by the police official shall be posted at
all times in the business office at the property or in a common area or other
conspicuous place accessible at all times to the tenant(s) of the property.
(h)
The City Manager may establish rental registration fees pursuant to
Sect. 2-1 of the City Code.
(i)
Each residential rental property shall be registered separately.
Section 6-583 Disorder Activity Mean
The police official shall calculate the disorder activity mean every year by
January 15 of the next year.
Section 6-584 Designation and Notification of In Need of Remedial Action
(INRA)
(a)
A multi-family residential rental property will be deemed by the
police official as INRA when at least one of the following Disorder Risk
Thresholds is met:
(1) The Disorder Activity Rate for property crime meets or exceeds
___ standard deviations above the Disorder Activity Mean for
property crime; or
(2) The Disorder Activity Rate for violent crime meets or
exceeds ___ standard deviations above the Disorder Activity Mean
for violent crime; or
(3) The Disorder Activity Rate for citizen service requests meets or
exceeds ___ standard deviations above the Disorder Activity
Mean for disorder related citizen requests.
(b)
A single-family residential rental property will be deemed by the
police official as INRA when at least one of the Disorder Risk Thresholds in
Section 6-584 is met. The Disorder Risk Threshold for violent crime cannot be
less than two events.
(c)
The Disorder Risk Threshold will not be re-calculated while a
residential rental property is designated INRA
(d)
The police official shall provide written notification to the owner or
registered agent of each residential rental property designated as INRA by either
personal service, or certified mail.
(e)
The notice shall include the following information:
(1)
The date, time and location for the mandatory initial meeting
between the police official and the owner;
(2)
The Disorder Activity Mean for Rental Residential Property in
the City of Charlotte;
(3)
The residential DRT for the specific residential rental
property;
M Newbold 5/15/09
5
(4)
A statement that the owner may provide additional evidence
at the initial mandatory meeting to be considered by the
police official.
Section 6- 585 Mandatory initial meeting
(a)
Unless otherwise agreed to by the owner and police official, within
thirty (30) days after notice has been provided to the owner or registered agent
that a property is INRA, a mandatory initial meeting shall be held between the
owner and the police official. The initial meeting may be held in person at a set
location or by telephonic conference. In the event there are multiple property
owners, the owner attending the initial meeting must have power of attorney to
execute the remedial action plan on behalf of the other owners.
(b)
At the mandatory initial meeting a police official and the owner will
at a minimum review the following;
(1)
The disorder activity mean and the disorder activity rate for
that property;
(2)
Any relevant evidence provided by the owner that may
establish that the property is not INRA.
(c)
If the police official finds by clear and convincing evidence that the
residential rental property is INRA, then both the owner and police official will
develop and sign a remedial action plan pursuant to Section 6-586 of this
ordinance. In the event such a finding is not made by the police official, then no
further action will be taken.
Section 6- 586 Remedial Action Plan and Review
(a)
The owner and police official shall develop a Remedial Action Plan
which shall be signed by both parties. A review meeting will be set for six (6)
months from the date the Remedial Action Plan was signed. The Disorder Rate
Threshold for that property will not change for the time period that the residential
rental property is INRA. When feasible, remedial actions required by the City will
initially require no cost or low cost strategies.
(b)
At the first review meeting, the police and the owner shall review
the Disorder Rate Threshold for the residential rental property. If the property is
no longer In Need of Remedial Action, then it will be designated to be in
compliance and no further action will be taken. If the property is still INRA, then
the property’s registration shall be revoked unless the owner has complied with
terms of the Remedial Action Plan. If the owner has complied with the Remedial
Action Plan, then a second six month review date will be set.
(c)
At the second review meeting, the police official and the owner
shall review the residential rental property’s disorder rate. If the property is not
INRA, then it will be designated as in compliance and no further action shall be
taken. If the property is INRA, then the property’s registration shall be revoked
unless the owner has complied with the Remedial Action Plan. If the owner has
complied with the Remedial Action Plan then the police official and the owner will
M Newbold 5/15/09
6
develop a second Remedial Action Plan which is signed by both parties and a six
month review date will be set.
(d)
At the third review meeting, the police official and the owner shall
review the residential property disorder rate. If the property is not INRA, then the
property will be designated to be in compliance and no further action will be
taken. If the property is INRA, then the property will be referred by the police
official to the Residential Rental Property Review Board for review pursuant to
Section 6-589 of this ordinance.
Section 6- 587 Residential Rental Property Review Board
(a)
A residential rental property review board (Board) is hereby
established, to be composed of five members: three members to be appointed by
the city council, one member to be appointed by the mayor and one to be
appointed by the city manager. The appointing authorities shall ensure that the
members of the board are representative of the residential rental, tenant and
homeowner community.
(b)
One member from the Charlotte-Mecklenburg Police Department
who has obtained the rank of Captain or above and one employee of the
Economic & Neighborhood Development Department who has the authority to
investigate code violations will sit on the board as advisors only.
(c)
Individuals with a felony conviction within the last ten (10) years
shall not be eligible to serve on the board. Further, conviction of or a plea of nolo
contendere to a felony during the term of office shall automatically terminate
membership on the board, irrespective of any appeals. Board members charged
with a felony during a term of office shall be automatically suspended until
disposition of the charge, and a quorum shall be established from the remaining
membership.
(d)
Board members shall keep all criminal investigations confidential.
(e)
The board shall elect a chairperson and vice-chairperson from the
membership.
(f)
All members of the residential rental property review board serve
without compensation.
(g)
The terms of office shall be for three years with no member serving
more that two consecutive full terms. The terms of one-third of the residential
rental review board shall expire each year. If a vacancy occurs, the original
appointing authority shall appoint a person to serve for the unexpired term of the
vacant position.
(h)
Three members shall constitute a quorum. Members are required to
attend all business meetings and hearings in accordance with the attendance
policies promulgated by the city council. Vacancies resulting from a member's
failure to attend the required number of meetings shall be filled as provided in
this section.
(i)
Members of the board shall be subject to removal from office with
or without cause by the appointing authority.
M Newbold 5/15/09
7
Section 6- 588 Duties and Responsibilities of the Residential Rental
Property Review Board
(a)
The residential rental property review board shall have the following
responsibilities:
(1)
Hear referrals from the Charlotte-Mecklenburg Police
Department.
(2)
Hear appeals from the revocation of a residential rental
registration.
(3)
Once every year review the remedial measures that are set
forth in the City’s remedial action plan manual and make
recommendations to the police official.
Section 6-589 Residential Rental Property Review Board
Referral Procedure
(a)
The police official referring the property will notify the City Clerk
who will set the referral for review by the Board within 30 days.
(b)
At the review, the Board shall determine if the owner reasonably
complied with the Remedial Action Plan. If the Board finds that the owner has
reasonably complied, but is still INRA, then the Board may further amend the
Remedial Action Plan and extend the review date for another six months. At the
review date, if the property remains INRA then the Board may issue a notice
revoking the owner’s registration or remove the designation of INRA.
(c)
If the Board finds that the owner did not reasonably comply with the
modified Remedial Action Plan, then the Board may issue a notice revoking the
owner’s registration
.
Section 6-590 Revocation of registration
(a)
M Newbold 5/15/09
A notice of revocation will be sent to the owner by registered mail if:
(1)
The police official determines the owner has not complied
with the Remedial Action Plan at the review date;
(2)
The police official determines that the owner provided
materially false or misleading information during the registration
process;
(3)
The owner refused to meet with a police official as required
under Section 6-585 of this ordinance;
(4)
The owner refused to enter into a Remedial Action Plan as
required under in Section 6-586 of this ordinance;
(5)
The owner’s rental registration is revoked pursuant to
Section 6- 589 of this ordinance.
8
Section 6 - 591 Revocation Appeal Procedure
All revocation appeals to the residential rental review board must be filed
in writing with the City clerk's office within ten (10) calendar days of the date the
written notice is served on the owner.. Service on the owner is perfected by one
of the following methods: placing the written notice in the U.S. mail by certified
letter to the address listed on the rental registration form or personal service. The
person appealing must provide a valid current address for the purpose of all
notifications required to be made pursuant to this ordinance. The request must
state the reason for the appeal.
Section 6 – 592 Hearings
(a)
The City Clerk shall forward any appeal of revocation of rental
registration to the police official and to the Chair of the Board. The police official
shall prepare a summary of the case which is forwarded to the Chair of the Board
at least five working days before the hearing.
(b)
Unless otherwise agreed to by the appellant and police official, the
Board shall hold a hearing within thirty (30) calendar days of the date the appeal
is received by the City Clerk. Should the person appealing or the police official
desire a hearing date other than that set by the Board, the person appealing or
the department shall submit a written request for a change of the hearing date,
stating the reason for the request. The Chair shall approve or disapprove such
request, provided that such request is received by the Board at least seven
calendar days prior to the date of the hearing. For good cause, the Chair may
continue the hearing from time to time. The hearing shall be conducted with at
least three members of the Board present.
(c)
Any appealing party may appear at the hearing in person and shall
have the right to representation by a person of his or her choice. The North
Carolina Rules of Evidence, G.S. § 8C, shall not strictly apply to the hearing, but
the hearing shall afford all parties an opportunity to offer evidence, crossexamine witnesses, and inspect documents. Only sworn testimony shall be
accepted and the Chair of the Board, as well as any Board member designated
by the Chair, shall have the authority to administer the oath as set forth for
witnesses in a civil matter by G.S. § 11-11. All hearings shall be recorded.
(d)
Following a hearing, the board shall issue findings of fact and
conclusions of law and issue an administrative order either revoking the owner’s
registration or reversing the police official’s recommendation.
(e)
Hearings before the Board shall be de novo. Final decisions of the
Board shall be subject to judicial review in a proceeding in the nature of certiorari
instituted in the superior court of the county within 30 days after the Board issues
its written decision. Final decisions of the Board shall not be stayed during the
time allowed for the initiation of judicial review, and the initiation of judicial review
by either party shall not automatically stay the Board's decision.
M Newbold 5/15/09
9
(f)
A decision by the Board to revoke an owner’s residential rental
registration shall become effective seven (7) calendar days from the date of the
notice of revocation.
(g)
The administrative order revoking the owner’s registration shall
contain the following
(1)
A transition plan for the owner’s lawful disengagement from
the operation and management of the rental property.
(2)
A requirement that the owner notify the resident(s) of the
administrative order.
Section 6-593 INRA Designation Binding on Subsequent Owner
The designation of an owner as INRA and the application of the
procedures set forth in this article shall be binding upon all subsequent owners or
other transferees of an ownership interest in the rental residential property.
Section 6-594 Remedial Action Plan.
(a)
All remedial action plans will be based on the procedures and
practices set forth in the CMPD Remedial Action Plan Manual; A Guide to
Managing Rental Properties to Prevent Crime.
Section 6- 595 Enforcement, remedies and penalties
(a)
The remedies provided herein are not exclusive; may be exercised
singly, simultaneously, or cumulatively; and may be combined with any other
remedies authorized by law; and may be exercised in any order.
(b)
It shall be a violation for an owner of a residential rental property to:
(1)
Rent residential rental property within the City limits without
registering the property pursuant to this article;
(2)
Rent residential rental property when that property’s
registration has been revoked unless rent is received pursuant to
the transition plan set forth in the administrative order of revocation
or the revocation has been lawfully stayed.
(c)
Notwithstanding that the owner's property registration has been
revoked, the owner and its agents shall not (i) refuse or fail to comply
with any order of the city to repair a dwelling pursuant to Section
11-38 of the Housing Code, or (ii) cause the utility services of any
occupants to be terminated or otherwise violate the rights of
residential tenants under Article 2A, Article 5, or Article 6 of Chapter
42 of the General Statutes.
(d)
Notwithstanding that the owner's property registration has been
revoked, the owner's compliance with its obligations in subsection (c)
hereinabove shall not be deemed as offenses under subsection (e) below.
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(e)
Failure to comply with the provisions of this section shall subject the
offender to a civil penalty of ---------------(one set penalty of x amount; or gradated
penalty; or separate penalty for failure to register with forgiveness if owner
registers within certain time period and another penalty for revocation which is
either gradated or set at one amount.)
.
(f)
In addition, an owner who fails to comply with this article may be
subject to all civil, injunctive and equitable remedies stated in G.S. § 160A-175.
Section 6-596 Adoption of Remedial Action Plan Manual
The city council hereby adopts the Remedial Action Plan Manual, a copy
of which is on file in the office of the city clerk. The city council hereby finds and
determines the remediation strategies set out therein to be reasonable and
appropriate to address the public health, safety and welfare issues addressed by
this article entitled the “Remedial Action Plan Manual”. The Chief of Police or his
designee is authorized to adopt and amend the Remedial Action Plan Manual. “
Section 2. That this ordinance shall become effective 6 months from the date of
adoption.
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Attachment 2
Proposed Rental Property Ordinance
In Need of Remedial Action
Background: Based on a 12-month cycle in 2008, three options for determining if a rental property being designated as "In Need
of Remedial Action (INRA)" are presented here. They include the 3/3/3/, the 2/2/2,and the 2/2/1 Disorder Risk Threshold options.
In each option, when at least one of the categories; Disorder Calls, Property Crime, or Violent Crime meets or exceeds 1, 2, or 3
standard deviations from the mean the rental property is deemed as being INRA. For single-family rental and townhomes violent
crime cannot be less than two events.
Disorder Calls
Standard Deviations
1
2
3
Property
Crime
1
2
3
X
X
X
X
X
X
Violent Crime
1
2
3
2-Event Min
3/3/3 Option
Single-Family/Townhome Rental
Multi-Family (2-9 units), Condo (2-9 units), Duplex/Tri-Plex
Multi-Family (10-49), Multi-Family (50+), Condo (10+)
X
X
X
2/2/2 Option
Single-Family/Townhome Rental
Multi-Family (2-9 units), Condo (2-9 units), Duplex/Tri-Plex
Multi-Family (10-49), Multi-Family (50+), Condo (10+)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2/2/1 Option
Single-Family/Townhome Rental
Multi-Family (2-9 units), Condo (2-9 units), Duplex/Tri-Plex
Multi Family (10
(10-49),
49), Multi
Multi-Family
Family (50
(50+),
), Condo (10
(10+))
Multi-Family
3/3/3 Option
2/2/2 Option
X
X
X
X
2/2/1 Option
Single-Family/Townhome Rental
Properties INRA
Percentage of Total
Disorder Calls
Property Crime
Violent Crime
243
2%
14%
7%
21%
402
4%
18%
13%
23%
402
4%
18%
13%
23%
Multi-Family (2-9 units), Condo (2-9 units), Duplex/Tri-Plex
Properties INRA
Percentage of Total
Disorder Calls
Property Crime
Violent Crime
35
3%
14%
10%
25%
143
11%
26%
17%
73%
172
13%
30%
20%
91%
Multi-Family (10-49), Multi-Family (50+), Condo (10+)
Properties INRA
Percentage of Total
Disorder Calls
Property Crime
Violent Crime
40
5%
10%
6%
12%
69
8%
12%
9%
16%
113
14%
24%
17%
41%
Total Properties INRA for Each Option
318
614
687
Attachment 3
CODE OF ORDINANCES
City of
CHARLOTTE, NORTH CAROLINA
Codified through
Ordinance No. 4127, enacted March 9, 2009.
(Supplement No. 18)
Chapter 3 Animals
Sec. 3-1. Purpose.
(a) Pursuant to authority granted by the general assembly, this chapter is enacted to:
(1) Regulate, restrict or prohibit, if necessary, animals;
(2) Protect the public from unvaccinated, diseased, stray, roaming, dangerous, wild or
exotic animals;
(3) Make unlawful the acts of animals that interfere with the enjoyment of property or
the peace and safety of the community;
(4) Protect animals from abuse or conditions harmful to their well-being;
(5) Operate an animal shelter; and
(6) Carry out any other lawful duties authorized by state laws and applicable
ordinances.
(b) The city council hereby finds that animals kept or allowed to be in violation of any of
the sections of this chapter are detrimental to the health, safety, and welfare of the
citizens of the city and jeopardize the peace and dignity of the city.
(Code 1985, § 3-1)
Sec. 3-3. Definitions
Animal means every nonhuman, animate being that is endowed with the power of
voluntary motion, including, but not limited to, dogs, cats, livestock and other mammals,
birds, reptiles, amphibians and fish.
Cat means a domestic feline of either sex.
Dog means a domestic canine of either sex.
Domesticated means those species of animals that are indigenous to the county and
normally and customarily share human habitat in the county and are normally dependent
on humans for food and shelter in the county, such as, but not limited to, dogs, cats,
cattle, horses, swine, fowl, sheep and goats.
Equine means any horse, pony, mule, donkey or hinny.
Exotic or wild animal means an animal that would ordinarily be confined to a zoo; one
that would ordinarily be found in the wilderness of this or any other country; one that is a
species of animal not indigenous to the United States or to North America; or one that
otherwise is likely to cause a reasonable person to be fearful of significant destruction of
property or of bodily harm, and the latter includes, but is not limited to, monkeys,
raccoons, squirrels, ocelots, bobcats, wolves, hybrid wolves, venomous reptiles, and
other such animals. Such animals are further defined as being those mammals or
nonvenomous reptiles weighing over 50 pounds at maturity, which are known at law as
Ferae naturae. Exotic or wild animals specifically do not include animals of a species
customarily used in the state as ordinary household pets, animals of a species
customarily used in the state as domestic farm animals, fish confined in an aquarium
other than piranha, birds, or insects.
Livestock means all animals of a domesticated, agricultural nature, including, but not
limited to, equine animals, bovine animals, sheep, goats, llamas, and swine.
How are the animals above regulated
Sec. 3-73. Exotic or wild animals.
(a) Unlawful act. It shall be unlawful for any person to keep, maintain, possess or have
under his control within the city any venomous reptile or any other wild or exotic animal.
(b) Exceptions. This section shall not apply to lawfully operated and located pet shops,
zoological gardens, scientific research laboratories, circuses, veterinarians harboring
such animals for purposes of providing professional medical treatment, wildlife
rehabilitators with proper permits, or exhibitors licensed by the United States Department
of Agriculture displaying such animals for educational purposes, provided that the
animals are maintained in a manner so as to prevent escape.
(c) Permits not authorized; effects of annexation. Permits for the keeping or
maintenance of wild or exotic animals are not authorized. Persons in newly annexed
areas have 30 days from the date of annexation to comply with this section.
(d) Compliance with state and federal regulations and safe confinement. The
confinement of exotic or wild animals exempted from subsection (a) of this section by
subsection (b) of this section must meet the regulations promulgated by the state wildlife
commission, the minimum standards under the Animal Welfare Act and all applicable
rules promulgated by the United States Department of Agriculture. In addition to meeting
these minimum standards, all such venomous reptiles and all such wild or exotic animals
shall be confined, restrained or controlled in such a manner so that the physical safety,
or property, of any person lawfully entering the premises shall not be endangered.
(e) Presence on public rights-of-way. Animals described under subsection (a) of this
section but exempt under subsection (b) of this section shall not be allowed on any
public street, sidewalk, or other public way, except in a fully enclosed cage or adequate
structural restraint. The use of a leash, with or without a muzzle, shall not be considered
adequate restraint. Exempt from this subsection are animals that are part of a featured
performance at a special event with a city festival or parade permit where the animal
handler is licensed by the United States Department of Agriculture.
(Code 1985, § 3-30)
Secs. 3-74--3-100. Reserved.
Sec. 3-102. City permits.
(a) Required. It shall be unlawful for any person to own, keep, have, or maintain any
equine animals, cloven-hoofed animals or other livestock or any chickens, turkeys,
ducks, guineas, geese, pheasants, pigeons or other domestic fowl in the city without first
receiving from the bureau a permit to do so or to continue to have any of such animals or
fowl after a permit has been denied.
This section shall not apply to, and no permit shall be required for, any
agricultural operation within G.S. 106-700, which pertains to nuisance liability of
agricultural operation, or to any rabbit that is kept exclusively inside its owner's
residence. The permit shall be valid for one year from the date of issuance and shall be
renewed annually. The annual fee for such permit shall be $40.00 per household. The
application shall list all such animals and fowl on the premises. Before a permit is issued
an employee of the bureau shall inspect the premises to determine if the keeping of the
animals or fowl on the premises will endanger or is likely to endanger the health, safety,
peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby
residents or occupants or places of business.
(b) Denial. When a permit is denied for any reason, the applicant shall be given a
written explanation of the reason for denial.
(c) Compliance required prior to issuance. An owner or possessor of such animals or
fowl shall comply with the following applicable subsections before a permit is issued.
Compliance with the following applicable subsections will create a rebuttable
presumption that a permit shall be issued. That presumption may only be rebutted by
specific findings supported by competent evidence that, despite compliance with the
following, the presence of such animals or fowl is still likely to endanger the health,
safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to
nearby residents or occupants or places of business:
(1) Fowl and other specifically identified animals. The keeping of chickens, turkeys,
ducks, guineas, geese, pheasants or other domestic fowl or rabbits shall be in
compliance with the following:
a. Such animals must be confined in a coop, fowl house or rabbit hutch not less than 18
inches in height. The fowl must be kept within the coop or fowl house and the rabbits in
the hutch at all times.
b. The coop or fowl house must be used for fowl only and the hutch for rabbits only,
and both must be well ventilated.
c. The coop, fowl house or hutch shall have a minimum of four square feet of floor area
for each fowl or rabbit.
d. The run must be well drained so there is no accumulation of moisture.
e. The coop, fowl house or hutch shall be kept clean, sanitary and free from
accumulation of animal excrement and objectionable odors. It shall be cleaned daily, and
all droppings and body excretion shall be placed in a flyproof container and doublebagged in plastic bags.
f. The coop, fowl house or hutch shall be a minimum of 25 feet from any property line.
g. No more than 20 such fowl or rabbits shall be kept or maintained per acre. The
number of fowl or rabbits should be proportionate to the acreage.
(2) Pigeons. Pigeons, while allowed to fly to and from the premises, must be provided
with adequate space on the premises, and sanitary conditions must be maintained.
(3) Cloven-hoofed animals. The keeping of cloven-hoofed animals, equines and other
livestock shall be in compliance with the following:
a. Such animals must be provided with adequate shelter to protect them from the
elements.
b. The shelter shall be kept clean, sanitary and free from accumulations of animal
excrement and objectionable odors.
c. The shelters for cows and other large livestock, which are covered by the zoning
ordinance in appendix A to this Code, shall be kept at a minimum of 75 feet from any
property line. The shelters for goats and other small livestock shall be kept at a minimum
of 25 feet from any property line.
d. Each cow or other large livestock, excluding equines, shall have a minimum pasture
area of two acres. Each goat, sheep or other small livestock shall have a minimum
pasture area of one-fourth acre.
(4) Slaughter. Any slaughter of any livestock or poultry not regulated by state law or
otherwise forbidden or regulated shall be done only in a humane and sanitary manner
and shall not be done open to the view of any public area or adjacent property owned by
another.
(5) Annexation. An owner or possessor of animals on property that is newly annexed
has 90 days from the date of annexation to bring the property into compliance and to
have obtained permits required by this section.
(6) Exceptions. A permit shall not be required for animals of any kind if the animals are
kept by a governmental authority or other appropriately certified and recognized
academic institution, museum, raptor center, etc.
(d) Revocation. The bureau may revoke any permit:
(1) When the permit has been mistakenly issued without compliance with this section;
(2) When the applicant has submitted false information;
(3) For a violation of any of the sections of this chapter;
(4) When, in the opinion of the bureau manager, the health, safety or welfare of any
person or property is menaced by the keeping of such animals; or
(5) When the animals become a nuisance.
If a permit is revoked, the applicant shall be given a written explanation of the reasons
for the revocation. Upon the determination of a violation of this section, and if the
violation pertains to a correctable condition on the property, the owner shall have 30
days in which to bring the property or condition into compliance with this chapter
(Code 1985, § 3-37; Ord. No. 2840, § 4, 12-13-2004)
Some Examples By Animal Types
Wild Exotic (prohibited)
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
Monkeys
Lions
Raccoons
Squirrels
Snakes (venomous)
Wolves
Zebras
Tigers
Reptile (all species)
Bears
Prairie Dogs
Cougars (mountain lions)
Camel
Elephant
Wild/Exotic (but are customarily used in the state as household pets)
¾
¾
¾
¾
¾
¾
¾
¾
Non Venomous snakes under 50 pounds at maturity ( Boa, Pythons etc)
Parrots
Finches
Box Turtles
Chinchillas
Ferrets
Rodents (mice, rats, hamsters etc)
Iguana
Livestock requiring Permits (domesticated agricultural natures)
¾
¾
¾
¾
¾
¾
¾
¾
¾
Horses
Cows
Sheep
Goats
Chickens
Pigs
Ducks
Llamas
Etc.
Attachment 4
Definition Variations of the word Pet
pet
1
pɛtShow Spelled Pronunciation [pet]
Show IPA noun, adjective, verb, pet⋅ted, pet⋅ting.
–noun
1. any domesticated or tamed animal that is kept as a companion
and cared for affectionately.
2.
a person especially cherished or indulged; favorite: He was the
teacher's pet.
3. a thing particularly cherished.
–adjective
4. kept or treated as a pet: a pet lamb.
5.
especially cherished or indulged, as a child or other person.
6.
favorite; most preferred: a pet theory.
7.
showing fondness or affection: to address someone with pet
words.
–verb (used with object)
8. to fondle or caress: to pet a dog.
9. to treat as a pet; indulge.
–verb (used without object)
10. Informal. to engage in amorous fondling and caressing.
Definitions of pet on the Web:
• a domesticated animal kept for companionship or amusement
From Wikipedia
A pet is an animal kept for companionship and enjoyment or a household animal, as
opposed to livestock, laboratory animals, working animals or sport animals, which are
kept for economic reasons. The most popular pets are noted for their loyal or playful
characteristics, for their attractive appearance, or for their song. Pets also generally seem
to provide their owners with non-trivial health benefits;[1] keeping pets has been shown to
help relieve stress to those who like having animals around. There is now a medicallyapproved class of "therapy animals," mostly dogs, who are brought to visit confined
humans. Walking a dog can provide both the owner and the dog with exercise, fresh air,
and social interaction.
Domesticated
Domesticated pets are the most common types of pet. They have consistently been kept
in captivity over a long enough period of time that they exhibit marked differences in
behavior and appearance from their wild relatives.
Fera Natura
This term is used to designate animals which are not usually tamed. Such animals belong
to the person who has captured them only while they are in his power for if they regain
their liberty his property in them instantly ceases.
Property in animals ferae naturae is not acquired by hunting them and pursuing them; if,
therefore, another person kills such animal in the sight of the pursuer, he has a right to
appropriate it to his own use. But if the pursuer brings the animal within his own control,
as by entrapping it, or wounding it mortally, so as to render escape impossible, it then
belongs to him. Though if he abandons it, another person may afterwards acquire
property in the animal. The owner of land has a qualified property in animals ferae
naturae when, in consequence of their inability and youth, they cannot go away.
Webster On-line
Pet
Adjective
1. Preferred above all others and treated with partiality; "the favored
child".
Noun
1. A domesticated animal kept for companionship or amusement.
2. A special loved one.
3. A fit of petulance or sulkiness (especially at what is felt to be a slight).
4. Using a computerized radiographic technique to examine the
metabolic activity in various tissues (especially in the brain).
Verb
1. Stroke or caress gently; "pet the lamb".
2. Stroke or caress in an erotic manner, as during lovemaking.
Source: WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved.
Date "pet" was first used in popular English literature: sometime before
1380. (references)
Cities and Counties within NC Animal Code containing or not containing the word Pet Attachment 5
Ahoskie, NC‐Total Population 4,523 The word pet not defined in the Ordinance. Apex County‐Total Population 20,212 The word pet not defined in the Ordinance. Sec. 4‐3. Prohibition of certain animals. (a) Livestock and male chickens. The keeping of livestock or male chickens is prohibited within the corporate limits of the town. Livestock includes, but is not limited to, cows, goats, sheep, swine and other similar animals. (b) [Exemptions.] The following animals are exempt from this section: (1) Horses; (2) Ponies; (3) Rabbits; and (4) Fowl except male chickens. (Ord. No. 2007‐0403‐05, § 1, 4‐3‐07; Ord. No. 2007‐0515‐07, § 1, 5‐15‐07) Asheville, NC‐Total Population 72,789 The word pet not defined in the Ordinance. Animal means any nonhuman vertebrate creature. Unless otherwise excepted, the term animal includes, but is not limited to, dogs, cats, rabbits, fowl, chickens, horses, cows and goats. For the purposes of subsection 3‐9(9) only, animal shall not include: (1) Any small domesticated rodent such as a gerbil, guinea pig, hamster, rat or mouse; (2) Any small bird including but not limited to a canary, parakeet, finch, parrot, cockatoo or myna; or (3) Any amphibian, fish or non‐venomous reptile. Animal control administrator means the designee of the director of animal control responsible for supervising the animal control department of the Asheville Police Department. Atlantic Beach, NC‐Total Population 1,781 The word pet not defined in the Ordinance. Sec. 4‐3. Keeping of livestock, animals and poultry. It shall be unlawful for any person to keep, within the town limits, livestock, animals or poultry other than house pets. This prohibition shall be interpreted to include horses, cows, goats, sheep, chickens and turkeys, but this list is not to be deemed all inclusive. (Ord. of 8‐26‐79) Bald Head Island, NC‐Total Population 173 The word pet not defined in the Ordinance. Sec. 4‐3. Possession of livestock or wild animals. (a) Definitions. Livestock means horses, mules, cattle, swine, goats, sheep, poultry and any and all other animals maintained individually or in flocks and which are maintained for productive or useful purposes despite the fact that the livestock may in fact be maintained by any specific individual as a pet. Wild animals shall include any animal which is: (1) Typically found in a non‐domesticated state and which, because of its size or vicious propensities, or because of any physical characteristics or propensities, or other traits by reason of which the wild animal shall pose a potential danger to persons, animals or property; or (2) Classified as a wild animal by the state wildlife resources commission. (b) Prohibited. It shall be unlawful for any person to bring or keep any livestock or wild animals within the incorporated limits of the village. Boiling Springs Lakes, NC‐Total Population 3,866 The word pet not defined in the ordinance. Brevard County, NC‐Total Population 6,789 The word pet not defined in the Ordinance. Sec. 14‐1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural operation has the definition given in G.S. 106‐701(b), and includes, without limitation, any facility for the production for commercial purposes of crops, livestock, poultry, livestock products or poultry products. Animal means a living creature, domestic or nondomestic, but does not include humans. Animal control means any authority designated by the city manager to discharge the requirements of this chapter. Animal shelter means any premises designated by the health director for the purpose of impounding and caring for animals. At large. An animal shall be deemed to be at large when it is off the property of its owner or keeper and not under physical restraint. Bite. Any penetration of the skin by teeth constitutes a bite exposure. Cat means cats, both male and female, more than six months old. Commercial animal establishment means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, animal exhibition or kennel. Dog means dogs, both male and female, more than six months old. Brunswick County, NC‐Total Population 73,143 The word pet not defined in the Ordinance. Sec. 1‐3‐401. Definitions As used in this article the following terms shall have the meanings set forth below: Enclosure or confinement facility means any cage, pen, or other housing for keeping wild or exotic animals or poisonous reptiles. Enclosures or confinement facilities shall be classified as primary or secondary enclosures. A primary enclosure is any cage, pen or other housing designed and used for the purpose of restraining and confining a wild or exotic animal or poisonous reptile. A secondary enclosure is any cage, pen or other housing not used for the primary confinement, exercise or training of a wild or exotic animal or poisonous reptile. All secondary enclosures shall encompass primary enclosures where wild or exotic animals or poisonous reptiles are kept. All primary and secondary enclosures shall be constructed and maintained pursuant to section 1‐3‐405. Buncombe County, NC‐Total Population 206,330 The word pet not defined in the Ordinance. Livestock. Animals commonly associated with farming including, but not limited to, horses, mules, ponies, llamas, swine, sheep, cattle, goats, chickens, emus, ostriches, and other fowl. Lot. A portion, piece, division or parcel of land, with or without a household, which is identified by a tax map, recorded plat, deed, lease or the like. All contiguous land under common ownership and used for a single purpose shall constitute a single lot. Burgaw, NC ‐Total Population 3,337 The word pet not defined in the ordinance. Burke County, NC‐Total Population 89,148 The word pet not defined in the ordinance. Burlington, NC‐Total Population 44,917 The word pet not defined in the Ordinance. Sec. 5‐1. Definitions. As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the meanings respectively set out opposite them: At large. Off the premises of the owner. Dog. Both the male and female of the canine species of animals. Fowl : Any of the larger domestic birds specifically, chickens, ducks, geese and turkeys, collectively. Owner. Any person owning, keeping or harboring a dog. Premises. The principal residence of an owner. The word shall not include a vacant lot upon which no residence is located. Cabarrus County, NC‐Total Population 131,063 The word pet not defined in the Ordinance. Sec. 10‐2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Animal means every vertebrate, nonhuman species of animal, wild or domestic, male or female, including, but not limited to dogs, cats, livestock, and other mammals, birds, reptiles, amphibians, and fish. Animal control officers mean persons properly appointed to pick up, restrain, impound, sell or dispose of dogs, cats, or other animals and who are responsible for discharging such other duties and functions as may be prescribed by the county board of commissioners by this or any other county ordinance or by state law, or pursuant to interlocal agreements executed pursuant to section 10‐37. Carolina Beach, NC‐Total Population 4,701 The word pet not defined in the Ordinance. Sec. 3‐6. Keeping hogs, swine, horses, cattle or any other animal not defined as a commonly accepted domestic animal. It shall be unlawful to keep, maintain or enclose hogs, swine, horses, cattle or any other animal not defined as a commonly accepted domestic animal within the corporate limits. (Ord. No. 01‐473, 2‐13‐01) Carteret County, NC‐Total Population 59,383 The word pet not defined in the ordinance. Catawba County, NC‐Total Population 141,685 The word pet not defined in the ordinance. Chadbourn, NC‐Total Population 2,129 The word pet not defined in the Ordinance. Animal means every living creature, domestic or nondomestic, but does not include humans. Chapel Hill, NC‐Total Population 48,715 The word pet not defined in the Ordinance. Sec. 4‐1. Definitions. For the purposes of this chapter the following definitions shall apply: Animal: Any live vertebrate creature specifically including, but not limited to dogs, cats, farm animals, birds, fish and reptiles. Charlotte, NC‐Total Population 540,828 The word Pet is not defined in the ordinance. Animal means every nonhuman, animate being that is endowed with the power of voluntary motion, including, but not limited to, dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish. Cat means a domestic feline of either sex. Dog means a domestic canine of either sex. Domesticated means those species of animals that are indigenous to the county and normally and customarily share human habitat in the county and are normally dependent on humans for food and shelter in the county, such as, but not limited to, dogs, cats, cattle, horses, swine, fowl, sheep and oats. Equine means any horse, pony, mule, donkey or hinny. Exotic or wild animal means an animal that would ordinarily be confined to a zoo; one that would ordinarily be found in the wilderness of this or any other country; one that is a species of animal not indigenous to the United States or to North America; or one that otherwise is likely to cause a reasonable person to be fearful of significant destruction of property or of bodily harm, and the latter includes, but is not limited to, monkeys, raccoons, squirrels, ocelots, bobcats, wolves, hybrid wolves, venomous reptiles, and other such animals. Such animals are further defined as being those mammals or nonvenomous reptiles weighing over 50 pounds at maturity, which are known at law as Ferae naturae. Exotic or wild animals specifically do not include animals of a species customarily used in the state as ordinary household pets, animals of a species customarily used in the state as domestic farm animals, fish confined in an aquarium other than piranha, birds, or insects. Livestock means all animals of a domesticated, agricultural nature, including, but not limited to, equine animals, bovine animals, sheep, goats, llamas, and swine. Neutered male means any male dog or cat which has been rendered sterile by a surgical procedure (orchiectomy). Spayed female means a female dog or cat that has been rendered sterile by surgical means (ovariohysterectomy). Cherokee Indians Eastern Band, NC‐Total Population 24,298 The word pet not defined in the ordinance. China Grove, NC‐Total Population 3,616 The word pet not defined in the Ordinance. Sec. 10‐8. Keeping or grazing livestock near residential structure.It shall be unlawful for any person to graze or stall any cattle or livestock within the corporate limits of the town and within a distance of 200 feet of any residential structure other than that of the owner of the cattle or livestock. (Code 1977, § 8‐2007; Code 1993, § 6‐8) Clemmons, NC‐Total Population 13,827 The word pet not defined in the ordinance. Cleveland County, NC‐‐Total Population 96,287 The word pet not defined in the Ordinance. Domestic animal means any of various animals such as horses, sheep, cattle, goats, hogs, poultry, etc., domesticated by man so as to live and breed in a tame condition. Clinton, NC‐Total Population 8,600 The word pet not defined in the Ordinance. Sec. 4‐6. Keeping of certain animals within city prohibited. It shall be unlawful for any person, other than a person described in the second sentence of this section, to keep or maintain overnight any horse, mule, cow, cattle, sheep, hog, or goat within the corporate limits of the city; and it shall be unlawful for any person to keep or maintain any live fowl for any period of time within the corporate limits of the city except while transporting the same through the corporate limits of the city and the same are securely confined. The keeping of maintaining of any of the named animals by a public educational institution for educational purposes located within the corporate limits of the city is exempt from this section. Concord, NC‐Total Population 55,977 The word pet not defined in the Ordinance. Sec. 10‐1. Keeping cattle, sheep, goats, domestic fowl, or swine. (a) It shall be unlawful for any person to keep or harbor any cattle, sheep, goats, domestic fowl, or swine within the corporate limits or permit them to be upon premises owned, occupied or controlled by him except animals temporarily confined in a stockyard or other place awaiting transportation, or as permitted under the zoning ordinance. (b) Effective June 1, 2006, it shall be unlawful for any person to keep or harbor any cattle, sheep, goats, domestic fowl, or swine, currently in possession, upon adoption of this section and amendments except animals temporarily confined in a stockyard or other place awaiting transportation, or as permitted under the zoning ordinance. Conover, NC‐Total Population 6,604 The word pet not defined in the Ordinance. No person shall raise or confine any hogs within the city limits (Ref.: Code 1938, Chapter 10, Articles 1, 2). No person shall raise or confine fowl within the city limits, except fowl kept as pets inside the owner's residence. Craven County, NC‐Total Population 91,436 The word pet not defined in the ordinance. Cumberland County, NC‐Total Population 202,963 The word pet not defined in the Ordinance. Sec. 3‐12. Keeping of wild or exotic animals. (a) For the purpose of this section, a wild or exotic animal means an animal which is usually not a domestic animal and which can normally be found in the wild state, or which has not been deemed by the state veterinarian to have an established rabies quarantine period, including, but not limited to, lions, tigers, leopards, panthers, wolves, foxes, lynxes, or any hybrid of like animals, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, bears, all forms of poisonous snakes, raccoons, skunks, monkeys, bats, and like animals. (b) It is unlawful to keep or harbor any wild or exotic animal as a pet, for display or for exhibition purposes, whether gratuitously or for a fee, except as may be licensed by the state wildlife resources department under its regulations pertaining to wildlife rehabilitators. (c) This section shall not apply to zoological parks or zoos circuses, or educational or medical institutions. Currituck County, NC‐Total Population 18,190 The word pet not defined in the Ordinance. Animal. Every living creature, domestic or nondomestic, but does not include humans. Davidson, NC‐Total Population 147,246 The word pet not defined in the Ordinance. Sec. 10‐6. Prohibition of livestock: It shall be unlawful for any person to keep, have or maintain any livestock within the town limits except, however, parades or ceremonies when such livestock do not remain in the town limits for more than two nights. Horses and ponies housed on at least two acres in single ownership and refrained from approaching closer than 200 feet to any adjacent residence may be excluded. Dunn, NC‐Total Population 9,196 The word pet not defined in the Ordinance. Animal means any live, vertebrate creature, domestic or wild. Pet means any animal kept for pleasure rather than utility. Durham, NC‐Total Population 187,035 Pet, animal, exotic, or wild animal is not defined in the ordinances Durham County, NC‐Total Population 223,314 The word pet not defined in the Ordinance. Animal means every nonhuman species, both domestic and wild. Emerald Isle, NC‐Total Population 3,488 The word pet not defined in the Ordinance. It shall be unlawful for any person to have or possess within the town horses, cattle, hogs, goat, fowl, and other livestock except through a duly issued permit under paragraph (b) hereafter, or except in accordance with Chapter 5, Beach and Shore Regulations, section 5‐4, Horses. Fayetteville, NC‐Total Population 302,963 The word pet not defined in the ordinance Forest City, NC‐Total Population 7,549 The word pet not defined in the Ordinance. It shall be unlawful for any person to keep any hogs, cows, horses, goats, sheep or any other farm animals including fowl in the town on any property less than one acre in area. In any case of keeping of horses and cows, such animals shall be kept within an enclosure on said property and the maximum population of said cows and/or horses shall not exceed one animal per acre of enclosed area. In any case of keeping of hogs, goats, sheep other farm animals or fowl other than horses and cows, such animals or fowl shall be kept in an enclosure which is at least two hundred (200) feet from any public street or dwelling which is to a part of the one acre property. Forsyth County, NC‐Total Population 306,067 The word pet not defined in the ordinance. Garner, NC‐Total Population 17,757 The word pet not defined in the Ordinance. Livestock and domestic fowl of all descriptions are hereby prohibited in any area of the town except those areas zoned for agricultural purposes by the zoning ordinance. Furthermore, it shall be unlawful, regardless of zoning, for any person to maintain, keep, house or stable any horse, mule, pony, cow, sheep, goat, chicken or other domestic fowl or livestock in the town within three hundred (300) feet of any dwelling, school, church, business, commercial or professional establishment. Not more than a total of three (3) horses, mules, ponies, cows, sheep, goats or other such animals shall be maintained on one (1) lot and such lot must contain no less than one (1) acre for each such animal maintained. No more than a total of four (4) chickens or other domestic fowl shall be maintained on one (1) lot and such lot must contain no less than one (1) acre for each four (4) or fewer chickens or other domestic fowl maintained. Gaston County, NC‐Total Population 190,365 The word pet not defined in the Ordinance. Animal means any nonhuman vertebrate creature. Unless otherwise excepted, the term animal includes, but is not limited to, dogs, cats, rabbits, fowl, chickens, horses, cows and goats. Pet means any domesticated animal kept for pleasure as opposed to utility. A police dog or a dog assisting the blind or deaf is not considered a pet. A dog kept as a guard dog is considered a pet. Neither fowl or wild animals shall be considered a pet. Any animal one can generally purchase at a local retail pet store, or an animal for which supplies can be purchased for specifically for that kind of animal is considered a pet. For example, although one can generally not purchase a tarantula in a local pet store in the county, pet stores in Gaston County readily sell cages and other items specifically for tarantulas. Gastonia, NC‐Total Population 66,277 The word pet not defined in the ordinance. Graham, NC‐Total Population 7,993 The word pet not defined in the ordinance. Granville, NC‐Total Population 48,498 The word pet not defined in the Ordinance. Animal means any live, vertebrate creature, wild or domestic, other than human beings, endowed with the power of voluntary motion. Greensboro, NC‐Total Population 223,891 The word pet not defined in the ordinance. Guilford County, NC‐Total Population 421,048 The word pet not defined in the Ordinance. Animal: Every living creature, domestic or nondomestic, but does not include humans and does not include invertebrates. Henderson, NC‐Total Population 16,095 The word pet not defined in the Ordinance. It shall be unlawful for any person to locate, erect, or maintain on any property within the city a stable for housing horses, cattle or goats unless the same shall be located at least two hundred feet from any residence and 50 feet from any property line. No such animals shall be kept on any tract of less than three acres in single ownership; and no tract shall contain more of such animals than twice the number of acres contained in said tract that is in excess of three acres. Hendersonville, NC‐Total Population 10,420 Pet, animal, exotic, or wild animal is not defined in the ordinances Dog means both the male and female members of the canine species of animals. Hickory, NC‐Total Population 37,222 Pet means any domesticated animal kept for pleasure as opposed to utility. A police dog or a dog assisting the blind or deaf is not considered a pet. A dog kept as a guard dog is considered a pet. Any animal one can generally purchase at a local retail pet store is considered a pet. High Point, NC‐Total Population 85,839 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Hillsborough, NC‐Total Population 5,446 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Holly Springs, NC‐Total Population 9,192 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Hope Mills, NC‐Total Population 11,237 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Iredell County, NC‐Total Population 122,660 Animal means any live, vertebrate creature, wild or domestic, other than human beings, endowed with the power of voluntary motion. Dog means a dog of either sex. Wild and exotic animals: (1) Wild animals dangerous to humans and property. Wild animals are any animals not normally domesticated. For purposes of this chapter, wild animals are deemed inherently dangerous. They are deemed as such because of their vicious propensities and capabilities, the likely gravity of harm inflicted by their attack and unpredictability despite attempts at domestication. The category of wild animals includes but is not limited to: a. Members of the Canidae family such as wolves (canis lupus) and coyotes (canis latrans) and wolf‐coyote hybrids. b. Members of the Ursidae family that includes any member of the bear family or hybrids thereof. c. Members of the Felidae family such as wild cats, cougars, mountain lions, or panthers. (2) Exotic animals dangerous to humans and property. Exotic animals are also considered to be inherently dangerous for purposes of this chapter. Like wild animals, exotic animals are dangerous because of their vicious propensities and capabilities, the gravity of harm inflicted by their attack, and unpredictability despite attempts at domestication. The category of exotic animals includes, but is not limited to: a. Reptiles which are poisonous or constricting reptiles more than ten (10) feet in length. b. Nonhuman primates weighing greater than twenty‐five (25) pounds. c. Members of the feline family other than domestic house cats, including, but not limited to lions, tigers and leopards. d. Reptiles that are members of the crocodile family, including, but not limited to alligators and crocodiles. Wild and exotic animals do not include: (1) Wolf‐dog cross breeds. (2) Foreign rodents such as guinea pigs, hamsters, ferrets, and chinchillas. (3) Members of the reptile and amphibian family not specifically mentioned above such as small lizards and iguanas, salamanders, turtles and frogs. (4) Vietnamese pot bellied pigs, and other members of the Suidae family, except wild boar and peccary. (5) Horses and other members of the Equidae family. (6) Cows and other members of the Bovidae family. (7) Deer and other members of the Cervidae family. (8) Domestic dogs and cats. Jacksonville, NC‐Total Population 66,715 The word Pet is not defined in the ordinance. Horses: Any riding animal other than livestock, as defined herein, including horses and ponies. Livestock: Livestock shall include but not be limited to cattle, swine, goats, sheep, mules, and donkeys. Poultry: Poultry shall include chickens, turkeys, geese, ducks, and any other domesticated birds. Johnston County, NC‐Total Population 121,965 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Kannapolis, NC‐Total Population 36,910 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Kernersville, NC‐Total Population 17,126 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances King, NC‐Total Population 5,952 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Kinston, NC‐Total Population 23,688 The word pet not defined in the Ordinance. Pet: Any animal kept for pleasure rather than utility. Animal: Every living creature, domestic or nondomestic, but does not include humans. Kitty Hawk, NC‐Total Population 2,991 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Knightdale, NC‐Total Population 5958 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Kure Beach, NC‐Total Population 1,507 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Laurinburg, NC‐Total Population 15,874 The word Pet is not defined in the ordinance. Animal means every living creature, domestic or nondomestic, but not including humans. Cat means both male and female cats of any age. Dog means both male and female dogs of any age. Domestic means any animal kept, cared for, sheltered, fed or harbored as a pet, for work purposes or as a source of food, raw materials or income. Nondomestic means any animal that is wild or dangerous by natural existence. Lee County, NC‐Total Population 49,040 Pet means a domesticated animal kept for pleasure rather than utility. Leland, NC‐Total Population 1,938 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Lenoir, NC‐Total Population 19,793 Lenoir County‐Total Population 59,648 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Lewisville, NC‐Total Population 8,826 Pet animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Lexington, NC‐Total Population 19,953 The word Pet is not defined in the ordinance. Animal: Every nonhuman, animate being that is endowed with the power of voluntary motion including, but not limited to, dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish. Domesticated: Those species of animals that are indigenous to Lexington and normally and customarily share human habitat in Lexington and are normally dependent on humans for food and shelter in Lexington, such as, but not limited to, dogs, cats, cattle, horses, swine, fowl, sheep and goats. Equine: Any horse, pony, mule, donkey or hinny. Exotic or wild animal: An animal that would ordinarily be confined to a zoo, or one that would ordinarily be found in the wilderness of this or any other country or one that is a species of animal not indigenous to the United States or to North America, or one that otherwise is likely to cause a reasonable person to be fearful of significant destruction of property or of bodily harm and the latter includes but is not limited to: monkeys, raccoons, squirrels, ocelots, bobcats, wolves, hybrid wolves, venomous reptiles, and other such animals. Such animals are further defined as those mammals or non‐venomous reptiles weighing over fifty (50) pounds at maturity, which are known at law as ferae nature. Exotic or wild animals specifically do not include animals of a species customarily used in North Carolina as ordinary household pets, animals of a species customarily used in North Carolina as domestic farm animals, fish confined in an aquarium other than piranha, birds, or insects. Livestock: All animals of a domesticated, agricultural nature including but not limited to: equine animals, bovine animals, sheep, goats, llamas, and swine. Lumberton, NC‐Total Population 20,795 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Dog: Any dog, male or female, over the age of four months. Manteo, NC‐Total Population 1,052 The word Pet is not defined in the ordinance. Animal means any live vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish and reptiles. Livestock means cattle, sheep, horses, pigs, ponies, donkeys, mules and any other domesticated or wild animals weighing more than 200 pounds. Marion, NC‐Total Population 4,943 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Mebane, NC‐Total Population 7,284 The word Pet is not defined in the ordinance. Animal means any live, vertebrate creature, wild or domestic, other than human beings, endowed with the power of voluntary motion. Domestic animal means a nonferal animal, including pets and livestock. Mint Hill, NC‐Total Population 14,922 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances Moore County, NC‐Total Population 74,769 Pet means any domestic animal kept for pleasure rather than utility. Mooresville, NC‐Total Population 18,823 Pet, animal, exotic, or wild animal is not defined in the ordinances Morehead City, NC‐Total Population 7,691 Pet, animal, exotic, or wild animal is not defined in the ordinances Cat: All domesticated animals of the feline species (Felis Catus). Dog: All animals of the canine species. Mount Airy, NC‐Total Population 8,484 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances. Mount Olive, NC‐Total Population 4,567 The word Pet is not defined in the ordinance. Dog means any dog, male or female, over the age of three months. Nags Head, NC‐Total Population 2,700 The word Pet is not defined in the ordinance. Neutered male means any male animal which has been operated upon to prevent reproduction. Spayed female means any female animal which has been operated upon to prevent conception. Nashville, NC‐Total Population 4,309 The word Pet is not defined in the ordinance. Animal means every living creature, domestic or nondomestic. The term "animal" does not include humans. New Bern, NC‐Total Population 23,128 Pet means a domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with human's environment. New Hanover County‐Total Population 160,307 The word Pet is not defined in the ordinance. Dog means any male or female member of the genus Canis. Neutered male means any male which has been surgically altered to prevent reproduction. Spayed female means any female which has been surgically altered to prevent conception. Unaltered animal means any unspayed female or unneutered male animal. Newton, NC‐Total Population 12,560 The word Pet is not defined in the ordinance. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animal means any living vertebrate, domestic or wild, excluding humans. Dog includes both male and female dogs. Wild animal means any animal which can normally be found in a wild state; those feral, exotic, dangerous or nondomestic animals which generally do not live in or about the habitation of humans, including, but not limited to, lions, tigers, leopards, wildcats, bears, deer and the like. North Topsail Beach, NC‐Total Population 843 Oak Island, NC‐Total Population 6,571 Pet, animal, exotic, or wild animal is not defined in the ordinances. Dog means any canine. Puppy means a dog between birth and four or five months of age, before permanent teeth appear. Oak Ridge, NC‐Total Population 3,988 Pet, animal, exotic, or wild animal is not defined in the ordinances Ocean Isle Beach, NC‐Total Population 426 The word Pet is not defined in the ordinance. Puppy means a dog between birth and four to five months old, before the permanent teeth appear. Onslow County, NC‐Total Population 150,355 The word Pet is not defined in the ordinance. Cat: A domestic or feral feline of either sex. Dog: A domestic canine of either sex. Equine: Horse, mule, donkey, and pony. Wild animal: Any animal which can normally be found in the wild state, particularly those feral, exotic, dangerous or nondomestic animals which generally do not live in or about the habitation of humans, including, but not limited to, deer, lions, monkeys, raccoons, skunks, squirrels, tigers and snakes. Pine Knoll Shores, NC‐Total Population 1524 Pet, animal, exotic, or wild animal is not defined in the ordinances Reaford, NC‐Total Population3,386 The word Pet is not defined in the ordinance. Animal: Any live vertebrate creature specifically including, but not limited to dogs, cats and farm animals. Exotic animals: Exotic animals are animals other than domestic animals, farm animals, and wild animals which are not native to North Carolina. Wild and dangerous animals: Wild animals which are dangerous to persons and property including, but not limited to: all felines (other than the domestic house cat), non‐human primates, bears, wolves, coyotes, reptiles (poisonous, crushing and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein. Raleigh, NC‐Total Population 276,093 Pet. A domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with man's environment. Randleman, NC‐Total Population 3,557 The word Pet is not defined in the ordinance. Cat means a domestic feline. Dog means a domestic canine. Reidsville, NC‐Total Population 14,485 The word Pet is not defined in the ordinance. Cat: Any animal, male or female, of the feline species. Dog: Any animal, male or female, of the canine species. Fowl: Any duck, chicken, turkey, guinea, pigeon, goose, rooster or other similar fowl. Livestock: Any horse, mule, pony, cow, goat, pig, sheep, hog, swine or other similar hoofed animal. Rocky Mount, NC‐Total Population 55,893 Pet. A domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, rats, reptiles, domesticated wild animals and other animals associated with the human environment. Rowan, NC‐Total Population 130,340 The word Pet is not defined in the ordinance. Animal means every live vertebrate other than human beings. Cat means a domesticated carnivorous mammal of the genus Felis. Dog means a domesticated carnivorous mammal of the genus Canis. Exotic animal means any living animal other than domestic dogs, domestic cats, and animals normally kept as livestock, or such other animals as may hereafter be designated by the health director. Rutherford County, NC‐Total Population 62,899 Did not have an Animal Control Ordinance. Salisbury, NC‐Total Population 26,462 The word Pet is not defined in the ordinance. Animal means every live vertebrate creature including, but not limited to, dogs and cats and farm animals. Cat means a domesticated carnivorous mammal of the Felis genus. Dog means a domesticated carnivorous mammal of the Canis genus. Exotic animals mean those animals that are not naturally found in this region or accepted as household pets. This includes livestock, reptiles, wildlife, and pets that are the product of cross breeding between domesticated animals and those found in the wild. Sanford, NC‐Total Population 23,220 Pet, animal, exotic, or wild animal is not defined in the ordinances. Cat means a domestic feline. Dog means a domestic canine. Selma, NC‐Total Population 5,914 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances. Shelby, NC‐Total Population 19,477 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances. Siler City, NC‐Total Population 6,966 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances. Smithfield, NC‐Total Population 11,510 The word Pet is not defined in the ordinance. Animal means every vertebrate nonhuman species of animal, wild or domestic, male or female, including, but not limited to, dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish. Southern Shores, NC‐Total Population 2,201 Did not have an Animal Control Ordinance. Southport, NC‐Total Population 2,351 Statesville, NC‐Total Population 23,320 Pet, animal, exotic, or wild animal is not defined in the ordinances Sunset Beach, NC‐Total Population 1,824 Pet, animal, exotic, or wild animal is not defined in the ordinances Surf City, NC‐Total Population 1,393 The word Pet is not defined in the ordinance. Animal means every living creature, creature, domestic or nondomestic, but does not include humans. Sylva, NC‐Total Population 2,435 Pet, animal, cat, dog, domestic animal, exotic, or wild animal is not defined in the ordinances. Tarboro, NC‐Total Population 11,138 The word Pet is not defined in the ordinance. Dog and cat means both male and female dogs and cats. Thomasville, NC‐Total Population 19,788 The word Pet is not defined in the ordinance Dog includes all animals of the canine species, both male and female. Topsail Beach, NC‐Total Population 471 Pet, animal, exotic, or wild animal is not defined in the ordinances Wake Forest, NC‐Total Population 12,588 Pet, animal, exotic, or wild animal is not defined in the ordinances Walkertown, NC‐Total Population 4,009 Did not have an Animal Control Ordinance. Waynesville, NC‐Total Population 9,232 Pet, animal, exotic, or wild animal is not defined in the ordinances Weaverville, NC‐Total Population 2,416 Pet, animal, cat, dog, domestic animal and exotic animal is not defined in the ordinances. Livestock means any horse, mule, pony, cow, sheep, goat or other hoofed animal, excluding swine. Weddington, NC‐Total Population 6,696 Pet, animal, exotic, or wild animal is not defined in the ordinances Wendell, NC‐Total Population 4,247 Pet means a domesticated animal kept for pleasure rather than utility. Wilmington, NC‐Total Population 75,838 Did not have an Animal Control Ordinance. Wilson, NC‐Total Population 73,814 Pet, animal, exotic, or wild animal is not defined in the ordinances Winston‐Salem, NC‐Total Population 185,776 Pet, animal, exotic, or wild animal is not defined in the ordinances Discussion Topics
Rental Property
Ordinance
Community Safety
Committee
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Background
Stakeholders group
Ordinance key
y provisions
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Rental Review Board
Disorder Risk Threshold
Major Eddie Levins
May 21, 2009
Rental Issues
• Community concerns
– Neighborhood crime and quality of life
– Single-family –absentee landlords
• CMPD experience
Background
– Crime rates higher in rentals
– Property management greatest factor in crime/disorder
– Most property owners manage with care
– Many simply collect rent
• Transfer management costs to public
• Unresponsive to Police, Code Enforcement
• Foster crime/disorder; damage quality of life
Key Findings
Crime Analysis
• Studied four housing types
– Single-family owner occupied
– Single-family renter occupied
– Apartment communities
– Public housing
• Findings
– 41.5% of all reported crime occurred in these four types
of housing
– 60% of those crimes occurred in housing that was rental
– Rates of crime much higher in rental properties
– Small portion of each housing type accounted for most/all
reported crime
Single family rentals:
– Only 1.5% of units account for all violent
crime
– Only 8.6% of units account for all property
crime
– 40.4% of units account for all citizen
service calls
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Key Findings:
Charlotte Housing
Authority Sites
Key Findings:
Multi-Family
8.6% (30) Apartments account for:
– 36.1% of violent crime in apartments
– 23.1% of property crime in apartments
– 22.0% of citizen service calls in apartments
– 10 multi-family communities are common
to both violent and property counts
12% (3) Housing Authority sites account
for
for…
– 60.6% of violent crime at CHA sites
– 51.1% of property crime at CHA sites
– 49.7% citizen service calls at CHA sites
Summary of Cities
Surveyed
Ordinance Research
• Common Features of Ordinances
• Other Cities
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Houston, Texas
Joliet, Illinois
Minneapolis, Minnesota
Tempe, Arizona
Anchorage, Alaska
Raleigh, North Carolina
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All rental – 4; Apartments only – 2
Registration process
Threshold for action
Notification and remedial action plan
Owner responsible to address problems
Penalties for inaction
• Special Features
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Property owner workshops
Receiverships
Property inspections
CPTED evaluations
Staff Recommendation/
Council Direction
• Components of rental property ordinance
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Registration Process
Methodology to identify problem properties
Notification of the owner of the problems
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Provide the opportunity for the owner to
correct the problems
– Penalties imposed if no action is taken by the
owner
– Remedial Action Plan Manual
Stakeholders Group
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Stakeholders Group
Formed
• Membership:
Stakeholders Group
Meetings
• Meeting Schedule
– Neighborhood Leaders
– Greater Charlotte Apartment Association
– Charlotte Landlord
Landlord’s
s Association
– Real Estate and Building Industry Coalition
– Legal Aid of Charlotte
– CMPD Staff
– City Staff
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July 29, 2008
October 22, 2008
November 12, 2008
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December
b 10,
10 2008
January 26, 2009
February 16, 2009
March 25, 2009
May 13, 2009
Discussion
• Components
Proposed Rental Property
Ordinance
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Definitions
Registration
Crime/disorder calculation
Mandatory meeting (Police/owner)
Enforcement and revocations
Due process and Rental Review Board
• Definitions
• Registration
– Purpose
– Process
Discussion
• Disorder Risk Threshold
– Calculation
– In Need of Remedial Action (INRA)
• Mandatory meeting (police/owner)
– Clear/convincing evidence
– Action plan development
• No/low cost mandatory components
• Optional strategies
• Demonstration of compliance
– Review processes
• Six month intervals
• Three cycles
Discussion
• Due process
– Clear/convincing evidence
– INRA and compliant after three cycles of action
– Appeals for registration revocation
• Registration revocation
– Failure to register
– Failure to comply with action plan requirements
– Decision of Rental Review Board when INRA after three
review cycles
• Penalties
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Failure to register
Renting while revoked
Graduated penalty
Per occurrence/daily
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Review Board
Composition
• Composed of five members
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Three appointment by the City Council
One appointment by the Mayor
One appointment by the City Manager
Should represent multiple interests:
• Rental industry
• Neighborhoods
• Tenants
Disorder Risk Threshold
Discussion
(Handout)
• Advisory staff
– CMPD Captain or above
– Economic & Neighborhood Development, Code
Enforcement
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