May 1st, 2008 - Richard Okelberry

Park Strips:

It is clear that the majority of people in Logan want the city to proceed with reclaiming the "Park Strips" and would like officials to help reverse the decline of some of Logan's higher density areas. However, because this action would so adversely affect many properties that are old enough that they weren't built with vehicles in mind, some consideration should be made to mitigate the impact on these properties. Additionally, because much of the area in question is located besides Utah State University, some consideration should also be given to the increased need for parking during the daytime when students use these avenues. The city should begin by determining which areas would be classified as "high density" and zoning it as such. This would allow specific ordinances to be tailored to deal with the unique issues faced by these areas. The best way of dealing with the lack of adequate parking in the short term would be to have the city install angled (45 degree) parking on both sides of the streets in the effected areas. This angled parking should be considered year round parking with the current 21 hours restriction still in force. Additionally, non-segmented homes designed for single family occupation should be given a waver from the driveway restrictions that require an accompanied garage. For these properties, the city should allow a single, 8 foot lane two cars deep to approach the home from any viable location on the street. All restrictions on sideline setbacks should be lifted to facilitate easier driveway installation. For properties that have been split down into duplexes or multiple family homes, permits granting the installation of an entrance drive connecting to a rear or side parking area that provides at least one stall per rental should be allowed. This would accommodate an ordinance requiring non-owner occupied rentals to have at least one off street parking space per unit. The design would have to be such that each tenant would be able to use their parking stall without fear of being blocked by other tenants. Because the 45 degree angle parking would be sufficient to handle most of the parking, the city should give rental property owners 5 years to bring their properties into compliance with the new off street parking requirements. This would give landlords ample time to make the business and financial arrangement necessary to comply. Additionally, those properties that comply early will become far more attractive to renters, thus encouraging other landlords to comply in an effort to stay competitive in the market. Once the compliance period is complete, the city can then reassess which areas still need the angled parking to accommodate the needs of each area.

Rental Property Licensing:

All rental properties, besides those that are single rentals, adjoining an owner occupied unit should be subject to the same Business Licensing that any other business must comply with. Additionally, rental properties should be inspected on a regular basis for safety violations and required basic amenities between tenant change over and at the request of any tenant. The city should issue a certificate of occupancy to each rental contingent on compliance. These ordinances should be used as a measure to protect the rights of renters to lease a safe property without fear of recourse from a landlord and should never be used to effect the eviction of a tenant. Instead, increasingly sturdy fines should be applied to landlords when discovered violations are not dealt with in a timely manner. This is a common practice in the far majority of communities around the country giving the council ample examples from which to craft applicable requirements. Finally, the county

300 East 300 South in Logan.

assessor should be encouraged to treat these properties in much the same way that business property is assessed with the exception of the rate which should remain residential. However, because rental properties have a value that is not comparable to single homes, special consideration should be given to the fact that these homes have increased numbers of kitchens, baths and heating/cooling appliances which significant add to the value to the property. Additionally, it is typical for assessors to use current comparable sales data to determine the market value of a piece of property. Because rental properties are seldom sold, very little data exists to make this determination and the data that does exist is often very old and doesn't reflect the true market value. Therefore the County Assessor should use a method that also takes into account the average sustainable income from the property while accounting for condition. This will ensure that renters pay their fair share of property tax which ultimately can be used to improve the livability of these neighborhoods, deal with the greater burden that high density areas can have on city infrastructure and reduce the property tax burden on the rest of the community..

Blighted Properties:

While many would like to be able to drive along a street and demand which homes be brought up to their standards, the measure of what looks good to one person may be very different than what looks good to another. Therefore, the city should only be concerned with those infractions that affect public health or have an obvious detrimental effect on surrounding properties. As an example of public health: property owner's city wide would be required to properly dispose of any trash and debris. Additionally property owners would have to remove anything that might hold standing water of a sufficient amount to allow the breeding of mosquitoes, like used tries or basins and neglected bird baths. The city should also require property owners to repair sagging or leaning portions of the home and repair any dry rot. In areas of sufficient age, the city should require the removal of any pealing paint that might contain lead contaminants. As an Example of detriment: the city should require that noxious weeds be cut back or removed so that they don't infect adjacent properties and parks. Finally, the county assessor should be encouraged to document and photograph any obvious decay or damage to a specific home as part of the assessment process. Copies of this documentation along with copies of past safety infractions should then be provided by the seller to any potential buyer as part of the general disclosure process. This documentation will keep owners from simply covering up past systemic problems with the property and encourage owners to maintain their properties before they become a nuisance.

While none of these resolutions will make every one happy, I hope that most will see that there are good and acceptable compromises here that if enacted should deal with the concerns of everyone involved and ultimately add value and stem decline of one of Logan's most endearing areas.

- Richard Okelberry