By 1808Delaware

At its meeting on October 1 at 7:30 PM, Powell City Council is set to consider Ordinance 2024-34, a proposal that aims to modernize and streamline the city’s Code Enforcement standards, requirements, and procedures. Initiated by Planning Director Logan Stang and Planning Manager Claudia D. Husak, the ordinance focuses on refining regulations within Part Five of the Codified Ordinances, which covers general offenses. The primary objective of these amendments is to address community concerns regarding outdated codes, improve the effectiveness of code enforcement, and ensure that city regulations align with best practices.

Modernizing the City’s Code Enforcement

The proposed updates focus on amending sections of the Codified Ordinances that are outdated or no longer appropriate for regulation by city staff. The changes will help the City of Powell refine its Code Enforcement process and implement more efficient procedures for addressing code violations.

The Planning Department’s evaluation highlighted the need for strategic updates, particularly in Part Five – General Offenses Code. These updates are part of a broader effort that includes future amendments to Part Eleven of the Codified Ordinances, which will be presented after review and recommendation by the Planning and Zoning Commission. The ordinance also addresses the feeding of wild or nuisance animals, which has become a significant community concern.

Key Amendments: Focusing on Wild or Exotic Animals and Noxious Weeds

Section 505.15 – Wild or Exotic Animals
The amendment to this section seeks to prohibit the feeding of at-large or wild animals within the city. Current city regulations governing wild or exotic animals are not standard for local governments, requiring the Zoning Inspector to inspect properties—an authority outside the usual responsibilities of this role. The Ohio Department of Natural Resources (ODNR) manages applications and inspections for wild or exotic animal ownership, aligning with state requirements.

Community concerns about the feeding of nuisance or at-large animals have grown recently, as feeding attracts more wildlife into neighborhoods, potentially leading to aggressive behavior toward pets, property owners, and others. The proposed changes will provide the city with clear guidelines on what is permitted, allowing for more effective enforcement.

Section 557.02 – Notice to Cut
This amendment modernizes enforcement practices regarding overgrown or noxious weeds. Under current procedures, property owners receive an initial notice via newspaper publication early in the calendar year, which is the only warning before they receive a violation letter. This method has limited effectiveness, as newspaper reach is increasingly diminished.

The proposed changes will align Powell’s procedures with standard code enforcement practices, giving property owners an initial notice with a compliance deadline of five to seven days. Failure to comply allows the city to hire a contractor to address the violation, billing the cost to the property owner. These changes are intended to streamline the process and ensure timely compliance.

Addressing Wild Animal Feeding Concerns

Community concerns over wild animal feeding have grown, especially with species like deer, raccoons, and coyotes frequently encroaching into residential areas. The ordinance defines these species as “nuisance animals” per ODNR guidelines, identifying them as non-native, invasive, or potentially dangerous.

Powell’s proposed enforcement process is primarily complaint-driven, requiring residents to report potential violations. This approach mirrors practices in nearby communities such as Dublin and Worthington, where similar ordinances focus on mitigating the feeding of wild animals. The procedure involves residents filing a complaint, which is reviewed and inspected by Code Enforcement. If a violation is found, the city works with the property owner to address the issue, provides educational resources, and follows up to ensure compliance. Fines of $150 may be issued for unresolved violations.

While some Ohio communities have explored more proactive approaches, such as urban hunting programs, the significant resources required and public safety concerns have made these methods less feasible. As a result, Powell’s reactive, complaint-based approach is seen as the most appropriate for addressing the issue of nuisance animal feeding.

The ordinance has undergone a legal review and received approval from the Law Director. Financially, the Finance Department will incorporate the new fines associated with this ordinance into the city’s Fee Schedule.

Recommendations and Next Steps

City staff recommend the approval of Ordinance 2024-34 during the council meeting on October 1, 2024. These strategic updates aim to enhance Powell’s Code Enforcement procedures, address public safety concerns, and streamline the regulatory process to better serve the community.

Image by Maryse Rebaudo from Pixabay


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