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CODE ENFORCEMENT

Most businesses in the City of St. Louis were built prior to 1940. Since older structures experience declining quality, higher maintenance costs, and non-code compliance, there is a constant challenge to promote reinvestment. Many neighborhoods are caught in a cycle of disinvestment and decline with deferred maintenance or abandonment taking their toll on the housing stock. The City's building codes seek to ensure that the health, safety, and general welfare of its citizens are protected by requiring proper construction and maintenance of buildings within the City.

CURRENT SERVICES

Department of Public-Building Division. The Building Division within the Department of Public Safety enforces all applicable codes and processes and issues permits for new construction, alterations to existing buildings, demolition, and occupancy. The Building Division also inspects mechanical, electrical and plumbing systems; conducts concentrated door-to-door exterior code enforcement, when necessary; and performs inspections in response to complaints. When required, the Building Division assigns cases pertaining to property maintenance violations to the Housing Court for resolution.

Housing Conservation Districts. Housing Conservation districts are established by ordinance and are designed to ensure routine code enforcement within those areas. The inspectors check for a limited number of interior and exterior code violations. In conservation districts, inspections are required when tenant changes occur in a rental unit or when a new owner inhabits property. The Building Division conducts about 15,000 annually.

Development Agencies. The St. Louis Development Corporation and the Cultural Resources Office of the newly established Planning and Urban Design Agency have a critical role in the code enforcement process. As part of designated Ch. 99, 100, or 353 development plans, the City typically imposes higher design standards than would ordinarily be the case. In return for the tax abatement, eminent domain, and other benefits associated with a development plan, property owners are expected to incorporate high-quality signage, landscaping, and related improvements. Similarly, Historic Districts typically incorporate design standards that are above and beyond those in other parts of the City.

Housing Court. Those who fail to respond to perceived design shortcomings and/or code violations may be denied a desired permit. They may also be referred to the courts, which have been a source of recurring frustration over the years, since they often process cases at a relaxed pace and levy modest fines on slum landlords, thus failing to alter behavior. The Courts, however, do have a difficult challenge adjudicating cases involving homeowners who are poor, in bad health, uneducated, and otherwise, not poised to rectify their code violations.

Not-for-Profit Organizations. Several neighborhood organizations and other not-for-profit entities provide a variety of services to help homeowners bring their property up to code requirements. Some conduct home repairs at no cost, while others offer forgivable loans to help residents make repairs. The groups are discussed in the housing section of this report.

NEEDS AND CHALLENGES

The concept of code enforcement speaks to the public's interest in ensuring that people live in safe and sanitary housing. It also recognizes that the willingness of property owners to invest in maintenance is largely contingent upon there being a perception that all property is held to the same standards of repair and appearance. Property owners have extensive rights but not to maintain property in a way that endangers occupants or diminishes the value of adjacent property.

The Building Division is implementing a five-year strategy for increasing the effectiveness of its code enforcement activities. One focus of the strategy is expansion of the "One Stop Shop" approach for issuing permits. The "One Stop" approach is part of a broader effort to streamline the delivery of services to City residents. The initiative has required the Building Division's staff to improve coordination with other representatives from other City agencies that review building permits.

From April -August 1999, 73.4 percent of all permits were issued over the counter, on the same day the application was submitted. This represents a dramatic increase from the first quarter, when only 45 percent of the permits were issued on the same day, thus demonstrating the success of the "One-Stop" approach. By the beginning of 2001, the Building Division hopes to expand the current One Stop operation by establishing a central location to evaluate all land-use restrictions.

The Building Division has emphasized continued training as a method for enhancing the efficiency and effectiveness of code enforcement. The Certification Incentive Pay Plan rewards inspectors who take the necessary training and education to gain national professional certification. It also assists employees with membership in local professional code enforcement organizations. As part of its five-year strategy, the Building Division is also developing a comprehensive training program.

The large number of derelict and abandoned buildings in St. Louis that have deteriorated beyond hope of rehabilitation continues to be a challenge. These buildings pose a threat to public safety and blight City neighborhoods. A public-safety bond issue approved by voters in 1998 has made it possible to deal more effectively with this problem. Funds are now available to demolish 1,800 structurally condemned buildings in the City over the next three years.

RECOMMENDATIONS

a) Fine-tune "One Stop." Expand Housing Conservation Districts.

Fine-tune the "One Stop" process. Dramatic progress has been made towards the development of a customer-friendly, rapid-turnaround permit processing system. The number of over-the-counter permits issued has risen from 50 percent to 75 percent. The new customer-friendly process is not without risks; in the interest of speed, a permit may be approved that does not meet the design standards set by a Development Plan and/or Historic District ordinance. Therefore, the results of the current operating procedures must be carefully monitored and fine-tuned as appropriate.

Communities everywhere are beginning to experiment with issuing permits by fax, electronic mail, and the Internet. This provides an excellent opportunity to improve productivity and relations with residents and the business community. Careful thought, however, is required to determine when a permit is sufficiently routine to warrant on the spot issuance, versus when conditions demand a more thorough review.

c) Resolve questions surrounding proposed demolitions, improvements within 300-feet of a park, and commercial/industrial improvements not in a historic district or development plan.

To accelerate the development process, reviews of certain proposed activities are no longer required in areas that are not historic districts or approved redevelopment areas. This introduces several new risks, including an important building being demolished or an aesthetically obnoxious building being constructed. One solution is for the Board of Aldermen to establish certain overlay districts above and beyond historic districts, or Ch 99, 100 or 353 development areas, which would require additional review. This topic requires continued attention.

d) Monitor the success of the Lead Paint/Housing Conservation District Inspection program.

In keeping with the Mayor's Executive Order, a pilot study is being conducted in several zip codes to determine the implications of inspecting for the presence of lead paint as part of the Housing Conservation District process. The challenge is to locate and remedy lead paint conditions without unduly disrupting the overall housing market. Realtors and others in the housing community are cooperating to make this important health initiative a success.

e) Encourage "preliminary reviews" as a smart way to expedite the permit process.

The building permit review process works much more smoothly when the homeowner, contractor, or builder takes the initial time to meet with appropriate City officials. When this occurs, the actual design and permit application can be prepared with an understanding of what is required and the subsequent permit review can occur quickly. A high-profile educational effort needs to encourage "preliminary reviews" for all but the most routine permits.

f) Continue dialogue groups with homebuilders, neighborhood housing corporation groups, the historic preservation community, and other key stakeholders.

The success of the new streamlined permit and license process is significantly attributable to a series of meetings that occurred between City officials and various interest groups like the HomeBuilders Association and the Neighborhood Community Housing Association. These interactive sessions need to become a step in an ongoing process designed to ensure that ongoing communication is occurring that reveals where things are going well and where they are not.

g) Expand Housing Conservation Districts.

The mandatory interior and exterior inspections in Housing Conservation Districts are one of the most effective tools in maintaining the quality of the City's housing stock. Housing Conservation Districts are created by ordinance, usually at the request of the Alderman representing area. Currently, Housing Conservation Districts cover more than half the City's area. By working closely with Aldermen and neighborhood groups, the Building Division intends to add two more full Wards to the Housing Conservation Program by the Spring of 2001, with the goal of establishing a city-wide Housing Conservation District.

h) Consider a door to door exterior inspection program to ensure minimum health, safety, and property maintenance requirements are being met.

Currently, the Building Division performs door to door inspections only in selected neighborhoods on a request basis. Studies have demonstrated that systematic, cyclical services are more efficient and have lower unit costs than do request driven approaches. The Building Division is working to establish a systematic inspection system by Summer 2000. The strategy will establish an inspection schedule under which 1/3 of each Ward has be inspected each year. This has established a cycle under which every property in the City has undergone an exterior code compliance inspection every three years.

i) Seek increased funding to more fully secure abandoned buildings from the elements.

The Building Division is responsible for securing vacant buildings that may be a hazard to City residents. The intent is to restrict access to hazardous buildings to prevent injury, vandalism, and fire. Because of limited funds, the Building Division only secures the first floor of abandoned multi-story buildings. Upper floors are secured only in historic districts when a special request is received from Alderman.

Leaving upper floors exposed to the elements leads to further deterioration. Fully boarding abandoned buildings in neighborhoods that may be eligible for the national register preserves them for redevelopment that state tax credits now make economically feasible. Leaving the upper floors of these buildings exposed to the elements eventually adds to the number of structurally unsound building that must be torn down. It is ultimately more cost effective to fully secure these buildings than to allow them to deteriorate so extensively that they must be demolished.

RESOURCES

The public safety bond issues approved by voters in 1998 will provide $11 million for demolition of derelict buildings over the next three years. This level of funding should allow the building division to remove about 1,800 structurally condemned buildings over the next three years.

With the goal of establishing a city-wide door to door exterior inspection program, the Building Division is conducting a time/motion study to determine how many door-to-door inspections can be made by an inspector in one hour. This study will help the Division determine how many inspectors must be added to staff the door-to-door inspection program at a level that will allow the entire city to be inspected on a three-year cycle. Funding for the enhanced service is being determined.