11/25/2002 Meeting Minutes - Laserfiche WebLink

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PRD Meeting 11-25-02 Page 27 enforcement issues to try to get a little more muscle. Both as to the services that are provided, streets maintained and probably an issue like this. But otherwise, it's pretty hard to enforce, other than you set the standard. Mr. Riter said Mr. President, you put me on the spot, so the new guy will talk to two more points and then I'll pass the microphone. Mayor, you had mentioned an interesting thing- enforcement. As I understand it, this will be the only zoning classification that specifically excludes rental units. Is that something that is enforceable? I mean we have single-family homes where they are being rented, and I'm not a proponent of rental units, I'm just saying how are you going to enforce this? When this is the only zoning class in the community that excludes that, it becomes selective. Mayor Rinker said that's what I was trying to address. I think that the problem is, because this is a different animal, this is buying into a collective, an association. I mean, so one of the-in the nature of the deed restriction, it would be written into any transfer of title per unit. And when someone develops the unit that is one of the things that, I believe, under the homeowners' association documentation that Joe puts together-so I am speaking off the cuff here-but essentially people buy into this and they make acommitment-and from the deed itself that allows certain specific items to be made part of the restriction which would include this homeowners' association and it would be documented in that way. Then, in that agreement is you must buy into, you are going to pay for services, upkeep of roads, trash collection, all of those items. And this limitation is to block that so those are all a laundry list of items. It's up to Mr. Riter said I just want to make sure that if Council passes this, that you would, as the Administration, we can enforce it. And it sounds like you're saying that you feel you can- the homeowners' group, privately, to enforce that. I know there are some communities, I think Richmond Heights has done this (I'm trying to remember somewhere else where they've tried to add onto that private enforcement power some additional municipal.) But however you do it, whatever framework you set up, you always come down to actually enforcing stuff, it's like having housing inspections. You know if you hire, like Cleveland Heights, a whole fleet of inspectors and at point of sale, I mean, you create a whole different infrastructure of personnel in order to enforce. So that, I think, is as much political will as it is what you have in terms of the letter of the law and what the contract reads- Mayor Rinker said yes, add it to the homeowners' association and beef it up- Mr. Riter said and it's added to the homeowners' association document. Mr. Riter said the last point I wanted to talk to and speak to and that's the fact that in this type of development the roads must be private roads, they must not be dedicated. It can come back and cost the community an awful lost of money (as a neighboring community has found out when late in the game, changes are made and roads are dedicated.) So, it needs to-that's critically important. Mayor Rinker said right and don't forget that those issues are typically met when you are dealing with site plan approvals (which are both planning level, Planning Commission and Council) so that you can try to make sure that you focus on those and discuss it.