New changes to Code Enforcement policy

In the Tuesday, August 16 General Government and Social Services Committee meeting, Alex Olszowy, Director of Code Enforcement for LFUCG, presented some recommended changes to code policy.

Here are some of the potential changes:

  • The reduction in the number of Code Violations in the Code Library - As of now, there are 315 violations within the Library. The Division would like to reduce that to 121 by combining many “redundant” codes.

    • Director Olszowy gave the example of a broken window to demonstrate the new code library. If a homeowner has a window broken in several spots, they can currently get cited for things like “broken glass,” “cracked window seal,” “chipped window paint.” Under the proposed library, the broken window would simply be cited as “broken window” and any individually broken components would be taken in the Code Officer’s notes.

    • The idea is to reduce the amount of fines given to homeowners by simplifying the codes. If the new Code Library is approved, LFUCG would lose an estimated 12k-40k in fines and fees collected from Code Enforcement. 

  • Increased flexibility for mowing on unbuildable properties - Any property that is found to be "remnant, non-buildable or undevelopable" that is larger than one acre would be given increased flexibility with mowing and weed height.

    • Currently, properties like this that have large open spaces are required to keep weeds/grass mowed to no more than 10 inches on the entire property.

    • Under this change, these types of properties would only be required to keep an 8-foot buffer of mowed area around the perimeter and a 200-foot buffer near structures.

    • Why the change? Code Enforcement says the enforcement of these types of lots is currently not feasible.

  • Changing income requirements for sidewalk replacement assistance - The income requirements for the sidewalk replacement assistance program that helps residents pay for replacing their sidewalks would be changed from 125% AMI to 80% AMI.

    • Lexington residents are responsible for maintaining the sidewalks on their property. If they don't, they may be fined by Code Enforcement. However, for some residents, replacing a sidewalk may be financially impossible.

    • This program exists to help ensure that sidewalks are repaired even if residents can't afford it.

    • This change would reduce the number of people who qualify for the program and target it more to people who fit the federal definition of low income.

    • Currently, to qualify for the program, you have to make under 125% of Area Median Income - $66,125 for a one-person household.

    • Under these changes, you would have to make under 80% of Area Median Income -  $42,230 for for a one-person household.

The Division would like their changes to be approved and take effect by January 1, 2023. Council was largely receptive to these changes and voted to move them forward to Council Work Session on September 6 for further discussion.

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