Occupancy Restriction Alternatives

1. Occupancy Restriction
Alternatives
Planning and Zoning Commission Meeting – Informational (No Action)
January 7, 2021

2. Purpose
• Today: an update on alternative options to address over-occupancy issues
• Requested: Commission input, how to proceed with potential amendments
• Sign up for email updates at cstx.gov/roo

3. Alternatives
1. Increase fines for common code violations (limited authority)
2. Remove ability to register rental property if excessive code violations occur
3. Requiring more onsite parking
To Address:
• Trash, Parking, More than Four Unrelated, Weeds and Grass,
Noise/Disorderly Conduct

4. Trash
• Accumulation of Trash, City
Trash Container (Trash left
out), Container – Overflow
in Street
Southside / South Knoll
Dove Crossing
Eastgate
See Click Fix complaints 2011-2020
165
214
174
174
165
214

5. Parking
Violations
• Park/Stop/Stand in fire lane, on
sidewalk, in intersection, facing
traffic, in prohibited areas,
blocking public or private
driveway or alley
See Click Fix complaints 2011-2020
106
129
110
Southside/South
Knoll
Eastgate
The Barracks
129
110
106

6. Parking in the
Yard (PITY)
• Key Players: Eastgate,
Southside, South Knoll
See Click Fix complaints 2011-2020
65
253
143
Eastgate
South Knoll
Southside
253
143
65

7. More than four
Unrelated
Occupants
• More than four unrelated
occupants in a single
dwelling unit
See Click Fix complaints 2011-2020
25
71
57
Southside/South
Knoll
Eastgate
Southern
Plantation
71
57
25

8. Weeds and
Grass
• Weeds and grass in excess
of 12” on the property
See Click Fix complaints 2011-2020
96
353
122
Southside/South
Knoll
Eastgate
Southern
Plantation
353
122
96

9. Loud
Party/Music
• Loud party and music
calls
See Click Fix complaints 2011-2020
Police department frequent calls 2017-2020
92
237
120
Apartments –
Harvey Mitchell
& Wellborn
Apartments –
Harvey Mitchell
& Holleman Dr S
Northgate
237
120
92

10. Minor in
Possession
(MIP)
• Alcohol, substances,
etc.
Police department frequent calls 2017-2020
14
1076
28
Northgate
The Barracks
Apartments
1076
28
14
14

11. Code Enforcement
Compliance FY20
• 99% compliance rate
• 12% repeat offenders
 Code Enforcement
warning/education
• <0.5% non-compliance
 Summons/Citation
5188
687
25
One Time Offenders,
Compliance
Repeat Offender, Compliance
Repeat Offender, Non-
Compliance

12. Repeat Offenders
FY20
538
137
28
5 4
Two Violations
Three Violations
Four Violations
Five Violations
Six or More Violations

13. Repeat
Offenders FY20
1. Hangtag left on door or trash can
• Education
2. Phone call / email to responsible party
• Education
3. Uncertified letter mailed to all parties
• Education
4. Certified letter and phone call/email to
all parties
• re-inspect
• option to call/email again,
• post property (if certified letter
unclaimed) notifying of violation
• 7 days to comply
5. Citation and/or summons to court
issued, promise to appear to plead case
to prosecutor
6. If Code cannot get promise to appear,
request to summons to court issued
Fine Type 2nd
offense
3rd
offense
4th
offense
5 or
more
Parking in the Yard 9 1 N/A 1
Accumulation of
Trash
27 7 N/A N/A
City Trash Container 208 42 9 4
Weeds and Grass 263 87 19 4

14. Municipal Court Judge Metrics FY20
• Quarterly Reports
• Appeals: None
 Demonstrate Judge’s knowledge of law and effectiveness
• Minimal repeat offenses
 MIPs, theft, intoxication (most common occurrences)
• Effective education and community living course

15. Fine Authority
Fine Type Set Fine
Amount
Max Fine
Set By
Code * Enforc
ement
FY 20 Code
Violations
Found /
Complaints
Reported
Parking Violations Varies, $25-
$135
Ordinance –
City Council
CO 38-79 Code 3 / 182
Parking in the Yard $75 Ordinance –
City Council
CO38-79 Code 27/ 105
Accumulation of Trash $141 Ordinance CO 30-22 Code 26 / 114
City Trash Container $81 Ordinance CO 40-389 Code 29 / 119
More than Four $211 Ordinance CO A-A 12-
6.3 (UDO)
Code 12 / 29
Weeds and Grass $146 Ordinance CO 30-23 Code 55 / 197
Noise – Residential
Disorderly Conduct
$371 State PC 42.01 Police N/A
Minor Possession Alcohol $371 State ABC 105.05 Police N/A
* (PC) State Penal Code (CO) College Station City Ordinance (ABC) Alcoholic Beverage Code (UDO) Unified Development Ordinance
** Repeat offenses heard by Municipal Court from August 2019-August 2020

16. Parking Fine Amounts
Fine Type Set Fine Amount
(Council
Authority)*
Parking in the Yard $75
Park/Stop/Stand in fire lane $135
Park/Stop/Stand on sidewalk $35
Park/Stop/Stand in intersection $50
Park/Stop/Stand facing traffic $35
Park/Stop/Stand - Prohibited $50
Park/Stop/Stand blocking public or
private driveway or alley
$25
(CO) College Station City Ordinance 38-79

17. Rental Registration
• Point System Criteria to Consider
 Violations to includet
 Point allocation amounts and types
 Magnitude of offense (Repeat offenders)
 Who to find guilty – landlord or tenant
 How long revocation lasts
Include
 Enforcement management
 Administrative management software
 Notification of Landlords/Tenants
 Coordination with Police department
• Benefits
 Enforceable consequence to repeated code
violations
• Drawbacks
 Staff time and costs associated for managing
1% of cases
 Hard to track responsible party
 Point allocation (tenant or landlord) & Fair
Housing Laws
• Estimated cost required
 1 part time code enforcement officer
 Estimated 25 hours/week
 Manage point system, notify property
owners/managers, issue revocation
notices
• Responsible Party
 Code Enforcement/Police Department

18. Parking Amendment
• Application:
 All single-family zoning districts
• Option for inclusion: If developing new construction or redevelopment in
TBD areas:
 Increase off-street parking size to 10’x22.5’ to accommodate supercab trucks.
 Require one parking space per bedroom, rather than a maximum of 4 spaces
 Develop new driveway detail to avoid double parking

19. Discussion
1. Increase fines for common code violations (limited authority)
2. Remove ability to register rental property if excessive code violations occur
3. Requiring more onsite parking
To Address:
• Trash, Parking, More than Four Unrelated, Weeds and Grass,
Noise/Disorderly Conduct

20. Questions?

21. Family Definition (NEW)
A family is any number of persons occupying a single dwelling unit, provided
that no such family shall contain more than four (4) persons, unless all
members are related by blood, adoption, guardianship, or marriage, are an
authorized caretaker, or are part of a group home for disabled persons.
When counting the number of unrelated persons in a single dwelling unit, a
maximum of one group of persons related by blood, adoption, guardianship,
marriage, an authorized caretaker, or members of a group home for disabled
persons shall be permitted, provided that all other persons shall each count as
one unrelated person.
Guardianship shall include foster children, exchange students, or those in the
process of securing legal custody of a person under age 18. Any asserted
common law marriage must be subject to an affidavit of record under the
family code, or a judicial determination. The term "family" shall not be
construed to mean a club, a lodge, or a fraternity/sorority house.

22. Knoxville, TN

23. Next Steps
• Winter/Spring- Restart public outreach for ROO with new definition of
family
 Meeting and survey invitations sent to students, real estate community, and
neighborhood groups
 Results of meetings and survey presented to Planning and Zoning Commission and
City Council, direction needed to proceed with draft ordinance and handbook
• Spring - Restricted Occupancy Overlay ordinance and handbook up for
potential adoption