DRAFT: APD Task Force for STR and other Public Disturbances

[Don Zimmerman]

Dear Council Members:
We've heard much testimony and we've spent many hours debating complex new ordinances that, IMHO, do not address the core problem of public disturbances which have increased owing to conflicting STR ordinances.
In advance of the next round of discussions, I submit this draft:

Policy Resolution to Create APD Task Force Targeting STR and other Public Disturbance Response (Public Disturbance Response Team, PDRT)

Whereas, Short Term Rental (STR) interests, including those for and against Type 2 STRs, and the general public, agree that the public disturbance ordinances such as excessive noise and intoxication are not adequately enforced,

BE IT RESOLVED that the city manager is directed to form an Austin Police Department (APD) task force, using additional officers approved in the Fiscal Year 2015-16 budget, which will respond to 311 calls for public disturbances, with the following metrics:
A. Persons contacting 311 and reporting loud noises will have their complaints documented and immediately forwarded to the PDRT;
B. The 311 operator will offer an estimate, at the time of the constituent report, for when a PDRT officer should arrive;
C. The PDRT officer should arrive no later than 30 minutes after the 311 call is made;
D. The PDRT officer must have equipment to objectively analyze ordinance compliance (e.g. noise meter to objectively measure sound levels);
E. The PDRT officer may be accompanied by an appropriate Code Compliance inspector; and,
F. Case statistics of 311 reports, investigations and actions taken will be made available to Council.

[Don Zimmerman]

Dear CM Colleagues,

To give us a chance of enforcing the additional STR Ordinances, while also recognizing our constituents' complaints that we were not enforcing existing ordinances, please reconsider this concept of a dedicated task force for enforcing STR and public disturbance ordinances.

[Michael Searle]

CM Zimmerman,

This is a great idea. Having effective and consistent enforcement is critical in order to address the complaints many constituents have communicated to the Council regarding "party-house" short term rentals operating in violation in of current City Code. CM Troxclair has expressed her feeling that strengthening enforcement is the most critical component of addressing those problem properties.

Creating a Task Force or Unit that is specifically tasked with serving those constituents by responding in a timely and effective manner to problem properties in their neighborhoods is a good idea. Her preference would be that this Task Force is made up of Code officers only. Police resources are stretched already and especially at times of the night that these problems are occurring most frequently.

CM Troxclair would be happy to co-sponsor this initiative but would prefer to see 3 changes to the proposal.

1. The Task Force is Code Officers only, no APD officers.
2. The Code Department establish metrics (response time, 3-1-1 procedures, equipment etc..) and report those to Council (instead of those being defined in the resolution).
3. Require that the Task Force be able to respond at all hours of the day and night (although they may adjust the staffing based on data of complaint times and frequency).


This may be a resolution that could be considered in the Public Safety Committee. We are happy to discuss this item further.

[Don Zimmerman]

Many thanks to Chief Manley and Director Smart for helping to clarity on who (Code Compliance, APD, or both) can respond to various issues.

While most of these are problems people complain with regards to Short Term Rentals, however, the issues are not limited to STRs.

These were the results:

APD:
Noise violations
Cars being parked in the wrong places (blocking people’s driveways, in a “Do Not Park” area, oversized vehicles, etc.; Transportation may also get involved in parking matters)
Public intoxication
Illegally idling vehicles (buses, food trucks, etc.)
Illegal drug use/paraphernalia
Lewd and vulgar behavior
Public urination
Disorderly conduct
Domestic violence

Austin Code:
Trash (in yard, or not picked up)
Illegal signs (neon signs on fence)
Maximum # of occupants
Permitting (issued by Development Services and enforced by Austin Code)
Licensing (include short term rentals, hotels, rooming houses, etc.)

[Don Zimmerman]

CM Colleagues:

Last week, the Austin Neighborhoods Council considered and passed a Resolution which in principal supports the policy idea of a dedicated Public Disturbance Task Force. The ANC Resolution is here:
http://ancweb.org/download/2-10-16ECRes ... mittee.pdf

Austin Neighborhoods Council Executive Committee

Resolution on Public Nuisance Response Team

WHEREAS, public nuisances such as noise, public intoxication, lewd behavior, trash, and parking problems heighten public safety concerns and diminish the livability of neighborhoods throughout the City, and;

WHEREAS, enforcement of public disturbance regulations has been largely ineffective;

NOW, THEREFORE,

BE IT RESOLVED THAT the Austin Neighborhoods Council (ANC) Executive Committee hereby recommends that the City Council:
1. Determine if the existing Public Assembly Code Enforcement (PACE) team could be utilized to respond to public nuisances.

2. Initiate a stakeholder process that includes neighborhood representatives to consider a Public Nuisance Response Team (PNRT) to respond to public nuisances including but not limited to noise, public intoxication, lewd behavior, trash, and parking complaints.

3. Establish funding for a pilot test of the PNRT in 2016.

4. Should not consider the PNRT as a rationale or justification for allowing Type 2 short term rentals in residential zoned areas of the City or in limited purpose jurisdictions.

Presented to the ANC Executive Committee: February 10, 2016
Approved and Adopted: February 10, 2016
Sponsor(s) Contact: David King, ANC VP 2, dking@austin.rr.com

I attended this meeting and noted the vote was 13-0-1 (one abstention).
Thanks for your consideration of this policy idea.

[Don Zimmerman]

CURRENT DRAFT Resolution regarding the STR (Version 6, 19-Feb-2016)

Whereas, public nuisances, whether caused by Short-Term Rentals (STRs), long-term rentals, homeowners, or other sources, are bad for communities; and

Whereas, all parties, including Austin Neighborhoods Council and Austin Rental Alliance, of the STR debate agree that more enforcement of existing ordinances is needed to solve the disturbance issue; and

Whereas, on February 10, 2016, the Austin Neighborhoods Council Executive Committee considered and adopted a resolution recognizing that “enforcement of public disturbance regulations has been largely ineffective” and calling for a “Public Nuisance Response Team”; and

Whereas, the Austin City Council wants to make enforcement of public disturbance regulations effective and efficient; and

Whereas, now that the “testing the waters” provision has been removed by the full Council, it is anticipated that the number of registered STRs Type 1 will dramatically increase; and

Whereas, if the number of registered STRs increases, then the total revenue from the concomitant registration fees should likewise increase; and

Whereas, both the Austin Police Department (APD) and the City’s Code Compliance play integral roles in reducing and resolving nuisance complaints; and

Whereas, APD has jurisdiction over items such as: noise violations, vehicles improperly parked (blocking driveways, in a “Do Not Park” area, oversized vehicles, etc.; the Austin Transportation Department may also get involved in parking matters), public intoxication, illegally idling vehicles (buses, food trucks, etc.), illegal drug use/paraphernalia, lewd and vulgar behavior, public urination, and disorderly conduct, to mention only a few examples; and

Whereas, Austin Code Compliance has jurisdiction over items such as: licensing (including STRs, hotels, rooming houses, etc.), permitting (issued by Development Services and enforced by Austin Code Compliance), trash (in yard, or not picked up), illegal signs (neon signs on fence), and maximum number of occupants, to cite only a few examples; and

Whereas, responding expeditiously to these complaints is essential in resolving a given issue; NOW THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

That the Austin City Council directs the City Manager to:
1. Conduct a public input process on the best ways to respond and verify public nuisance disturbances;
2. Formulate a plan that could be implemented by June 1, 2016, using existing City staff that will respond to 90% of the public nuisance disturbances by verifying a violation, including – but not limited to – noise violations, vehicles improperly parked, public intoxication, illegally idling vehicles, illegal drug use/paraphernalia, lewd and vulgar behavior, public urination, disorderly conduct, and maximum number of occupants, within 30 minutes of being notified of them;
3. Formulate a plan that could be implemented by June 1, 2016, using existing City staff that will respond to 90% of the complaints regarding STR licensing, trash, and illegal signs within 48 hours of being notified of them; and
4. Report these plans back to the Austin City Council by April 28, 2016.

BE IT FURTHER RESOLVED,

That the Austin City Council directs the City Manager to provide monthly performance measures to the Public Safety Committee that would include, but not be limited to, the following items:
· Number of registered STRs by Type per City Council district;
· Number of verified violations vs. number of complaints filed by Type per City Council district;
· Number of complaints per City Council district over the past month;
· Number of complaints for all households, including homeowners and long-term rental properties;
· Number of unique addresses of complaints per City Council district over the past month;
· Number of unique STRs by Type with complaints per City Council district;
· Number of false/no issues were found as reported per City Council district; and
· Percentage of responses within the set timeframes.