03-05-2012 March 5, 2012 Mayor and Council Meeting
March 5, 2012
All council members were present. Also present were City Administrator Eric Taylor, Assistant City
Administrator Tammi Saddler, City Attorney Scott Cochran, City Clerk Susan Hiott, Fire Chief Jason
Lanyon, Community Development Director Ken Suddreth, Information Services Director Chris Addicks,
Redeveloprm mt Coordinator Andrea Hall, City Planner Rusty Martin, Management Fellow Kevin
Klosterboer and representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor Max Bacon at 7:33 o'clock p.m.
Mayor Bacon called on Associate Pastor Dyke Verkerk from the Smyrna Assembly of God, who conducted
the invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
The Mayor announced that on April 17th a town hall meeting for the businesses of South Cobb Drive would
be held at Taylor Brawner Hall. He introduced Commissioner Bob Ott, who made known his upcoming
Town Hall, providing the location and time of the event.
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Mayor Bacon stated that there were no agenda changes.
MAYOR'S REPORT:
(A) Recognition of Ms. Nirosha Perera, Campbell High School Student Government President
The Mayor announced that the remainder of the council meeting would be conducted by Campbell High
School Government President Nirosha Perera. He praised her academic accomplishments and informed all
that students from King Springs Elementary would be delivering the character word education presentation.
The Mayor acknowledged his sister, Principal at King Springs Elementary, who was also in attendance.
(B) Proclamation in Recognition of Cumberland Diamond Exchange for 30 Years of Service in Smyrna
Councilwoman Pritchett read aloud the proclamation, following which she presented the document to
representatives of that business. A spokesman expressed his gratitude for the city's leaders commitment to
developing Smyrna and, at Councilwoman Pritchett's request, introduced those persons affiliated with
CDE that were in the audience.
(C) Presentation of Character Education Word with King Springs Elementary
Acting Mayor Perera recognized Sharon Arduino, Assistant Principal at King Springs Elementary, who
thanked the Mayor and Council for inviting her students. Ms. Arduino shared the importance of character
development at her school and announced that the children would be discussing the word commitment. The
students read a story and recited a rap to demonstrate the meaning and significance of their character word.
March 5, 2012 2
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
Acting Mayor Perera stated that there were none.
5. PRIVILEGE LICENSES:
A) Public Hearing-new ownership and agent-retail pouring sales of beer and wine-Tondo LLC dba Boca
Restaurant& Grill-Paolo Tondo-1669 Spring Rd STE B
Acting Mayor Perera called on Mr. Taylor, who read aloud the item, informing all present that the applicant
had attended the mandatory alcohol training course, that a background check had been conducted by the
Smyrna police department and that nothing was found to preclude the issuance of the license. Mr. Taylor
made known that the applicant was aware of and agreed to abide by the City's alcohol ordinances and that
staff recommended approval.
Councilwoman Anulewicz stated her excitement at seeing activity at the proposed site and remarked on the
applicant's other successful business location. The applicant explained the type of food and hours of
operation at his new establishment.
There was no public comment.
MOTION: Councilwoman Anulewicz moved to approve the agent-retail pouring sales of beer and wine-
Tondo LLC dba Boca Restaurant& Grill-Paolo Tondo-1669 Spring Rd STE B. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
6. FORMAL BUSINESS:
(A) Approval of Ordinance 2012-04, proposed addition to the City Code of Ordinances Section 80,
Article III, City Property Maintenance Code, related to Multi-family inspections
Acting Mayor Perera called on Mr. Taylor, who explained that changes related to the multi-family
inspection process including the transference of responsibility from the City to building owners were being
considered. He shared that staff, community development and the fire department had met with complexes
throughout Smyrna in order to develop the ordinance. Mr. Taylor elaborated that the fire department would
continue to conduct the state mandated inspection. He highlighted the cost savings of the proposed
ordinance and stated that staff recommended approval.
Councilwoman Blustein recognized Ken Suddreth, who delivered a presentation on the matter. He
discussed the proposed change, highlighting the joint effort to maintain compliance with the International
Property Maintenance Code (IPMC). Mr. Suddreth outlined the conditions and parties responsible for
inspections as well as the role of the third party inspectors and shared that the apartments in the area were
supportive of this initiative. Councilman Welch inquired what percentage of inspections yielded
requiremen`s for improvement with Mr. Suddreth replying that since the fire department conducted the
interior inspections he did not readily have that information available. Councilman Fennel confirmed that
the city did retain inspection rights even with the proposed change.
March 5, 2012 3
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-04, proposed addition of Section
80, Article III to City Property Maintenance Code, related to Multi-family inspections. Motion was
seconded by Councilwoman Pritchett and approved 7-0
(B) Approval of Ordinance 2012-03, amending the Code of Ordinances of the City of Smyrna, Chapter 79:
Planning and Development, Article II: Economic Incentive Program
Mr. Taylor stated that current incentive thresholds for large development projects were unreachable and
that a year ago an economic incentive task force was established to help improve incentives for potential
businesses. H shared that staff recommended change in order to become more competitive and to better
align with Cobb County's economic incentive ordinance.
Councilwoman Blustein called on Ken Suddreth, who presented the proposed changes to the ordinance, the
basic outline of the program and the targeted goals. He commented on the partnership between staff and a
citizen advisory committee, highlighting areas where the final proposal aligned or varied from the
recommendations of that committee. He concluded that staff recommended approval.
Councilwoman Blustein expressed her gratitude to the citizens that served on the committee and their work
in identifying the challenges with the program. Mr. Suddreth echoed that the committee had played a major
part in the proposed ordinance and shared his appreciation at working with a group of dedicated, involved
people.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-03, amending the Code of
°"" Ordinances of the City of Smyrna, Chapter 79:Planning and Development, Article II: Economic Incentive
Program. Motion was seconded by Councilwoman Pritchett and approved 7-0.
(C) Adopt resolution supporting the Downtown Smyrna Development Authority's potential purchase of
property located at 1139, 1149, & 1155 Concord Rd at a purchase price of$250,000 and approve a budget
amendment transferring not more than $275,000 from the general fund to the Downtown Smyrna
Development Authority to consummate such purchase, complete demolition and pay for other matters
associated with the acquisition
Mr. Taylor explained that the vacant steel structure on the six parcels located at Concord Rd. and Dunton
Street were an eyesore in the downtown area and that staff recommended approval. Councilman Welch
called on the City Attorney, who discussed the structure of the DDA and its creation by an amendment to
the Georgia Constitution. Mr. Cochran made known that the entity had territories that extended to the
boundaries of the city but did not have its own budget. He shared that the resolution was in support of the
transfer even though it was an independent authority with overlap with Mayor and Council. Councilman
Welch announced that the item was not required to be placed on the agenda but had been done so in the
spirit of full disclosure, opining that it was not a speculative purchase.
MOTION: Councilman Welch moved for approval of the adoption of a resolution supporting the
Downtown Smyrna Development Authority's potential purchase of property located at 1139, 1149, & 1155
Concord Rd at a purchase price of$250,000 and approve a budget amendment transferring not more than
$275,000 from the general fund to the Downtown Smyrna Development Authority to consummate such
purchase, complete demolition and pay for other matters associated with the acquisition. Motion was
seconded by Councilwoman Pritchett and passed 6-1 with Councilman Lnenicka voting against.
Clerk's Note: Councilwoman Pritchett departed the Council chambers.
March 5, 2012 4
(D) Proposed FY 2012 Budget Amendment
MAIM
Mr. Taylor announced that the proposed amendment included the funds necessary for the purchase of the
property in item 6(C). Councilwoman Anulewicz stated her support of the purchase and that this is an
appropriate use of contingency funds as the fiscal year is concluding.
MOTION: Councilwoman Anulewicz moved to approve the Proposed FY 2012 Budget Amendment.
Motion was seconded by and passed 5-1 with Councilman Lnenicka voting against.
7. COMMERCIAL BUILDING PERMITS:
Acting Mayor Perera stated that there were none.
8. CONSENT AGENDA:
Acting Mayor Perera called on Mr. Taylor, who read aloud the consent agenda.
(A) Approval of February 20, 2012 Mayor and Council Meeting Minutes
(B) Approval of Amendment#3 to Program Management Services Agreement with Croy Engineering LLC
to include program management services for Fire Station 5 and authorize Mayor to sign and execute related
documents
(C) Approval of the Restated Defined Benefit Master Plan, Adoption Agreement and Addendum and
Authorize Mayor to execute related documents
(D) Approval and Adoption of Revised Personnel Policies LVE 1-0 Annual Leave and LVE 2-0 Sick Leave
(E) Approval of Piedmont Geotechnical Consultants, Inc. contract for providing services for construction
materials testing and special inspection services for Fire Station Number 5 Development and Mayor to sign
and execute related documents
MOTION: Councilman Welch moved to approve the Consent Agenda. Motion was seconded by
Councilwoman Anulewicz and approved 5-1 with Councilman Lnenicka voting against.
COMMITTEE REPORTS:
Councilwoman Blustein extended her appreciation to those who worked on the ordinances approved during
the meeting, relaying her opinion of the value added by input from the involvement of a citizen committee.
Councilwoman Anulewicz thanked Renee Rower, proprietor of The Wine Cellars, for her involvement on
the Economic Incentive Committee and lauded her establishment. The Councilwoman recognized
Smyrna's Historical Society for their efforts on presenting the program "Smyrna in the Great Depression"
and provided the organizations website address at www.smyrnahistory.org encouraging all to view and join
their Facebook page as well. Councilwoman Anulewicz announced her plans for a Ward 3 roundtable and
her intention to provide additional details at the next Council meeting.
March 5, 2012 5
Councilman Welch extended his gratitude to Tree Board representative Mary Long for her many years of
service and announced that she had tendered her resignation. The Councilman requested that anybody
Roma
interested in filling her position contact him.
Councilwoman Wilkinson shared that she had attended the Smyrna Historical Society's event and thanked
the children of King Springs Elementary for their presentation that evening.
Councilman Lnenicka called on Susan Hiott, who encouraged all to vote, providing locations at which to
do so. The Councilman thanked Acting Mayor Perera for chairing the meeting and wished her luck and
success. He explained the reasoning for his votes on item 6(C) and 6(D) that pertained to the purchase of
the property on Concord Rd., stating his discomfort with government purchasing property without an
identified need. He relayed an anecdote to emphasize his perspective and made known his concern of costs
in addition to the purchase price. He cited demolition costs, landscaping, planning consultants, engineers
and implementation costs. Councilman Lnenicka stated that no plans for a park in that location had been
previously considered or discussed. He brought up public hearings in 2001 and 2006 and the fact that
development of a park on that property was not included in the recent TSPLOST agreements or voted on by
citizens. Councilman Lnenicka remarked that the DDA had not yet met on the purchase and opined that a
great buy was only great if there was a need to buy what was offered. He commented on his vote on item
8(B), stating that fire station #5 was a slightly altered version of fire station #3. Councilman Lnenicka
praised the construction of fire station #3 that had been handled by city staff that had come in under budget
and on time, stating that he did not see a need for a consultant on the new project.
Councilman Fennel shared that the Bennett Woods Neighborhood Watch Association meeting was held the
week prior and thanked them for inviting him to participate. He mentioned the progress of the investigation
into break-ins in that area and recognized Officer Michael Smith for his informative and educational
assistance in setting up neighborhood watches around Smyrna. The Councilman announced that Fire Chief
Lanyon delivered update on the new fire station and its ability to provide quality services in that area.
Councilman Fennel reminded all of the need to set their clocks ahead and to use that opportunity to replace
batteries on detectors. He concluded by sharing with all present that Commissioner Bob Ott would be
hosting a town hall and announced the time and location of that event.
Clerk's Note: Councilwoman Pritchett returned to the Council chambers.
Eric Taylor invited Kathryn Lawler from the Atlanta Regional Commission to speak and reminded
everyone of the opening day parade for Smyrna Little League.
Ms. Lawler presented information on the referendum to be held that summer. She delivered a presentation
showing the challenges to traffic flow in the Metro Atlanta area. She stated that current funding was
received through a gas tax at federal and state levels that had not increased in nearly 40 years. Ms. Lawler
announced that Atlanta was anticipating significant population growth and was already suffering from the
9th worst congestion in the country. The Transportation Investment Act one cent sales tax would return
85% to regional projects and 15% to local ones. She explained that the vote would pass only if approved by
the majority of counties in the region and outlined some of the benefits and programs slated for
development. She mentioned some consequences of the tax being declined including deferred maintenance
„M,, costs and the closure of GRTA with additional cuts in every part of the region. She encouraged all to
consider the importance of remaining competitive with other major metropolitan areas and made known the
website www.metroatlantatransportationvote.com where each of the proposed projects was available.
'.a
March 5, 2012 6
Councilwoman Pritchett announced a business roundtable meeting she would be hosting on the 19th and a
community roundtable discussion the day after. She discussed two new businesses in Ward 1 and thanked
staff and the Cobb Chamber for their efforts in locating those businesses in Smyrna. Councilwoman
Pritchett made known an upcoming Vision Committee meeting. She commented on the purchase of the
property on Concord Rd, stating that it was a foreclosed property and represented a great opportunity. She
shared that the parcel contained land already slotted to host a portion of the trail and that utilizing the DDA
allowed the City greater flexibility on the development of those plots, including potentially selling the land
at a profit.
Mr. Cochran thanked the acting Mayor and wished her luck.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Alex Backry of 3459 Shawnee Trail relayed his shock about the purchase of the property on Concord Rd.
He stated his opposition of using tax dollars for speculative purposes without conducting public hearings.
He commented on the financial loss absorbed by the City at Smyrna Commons and applauded Councilman
Lnenicka's stance against the purchase of property without a defined plan. Mr. Backry suggested the
general fund money could have been used to reinstate the leaf program or offer employees raises. He
reminded all present of the Mayor's comment that a town hall would be held within 60 days of the New
Year and that the promised timeframe had expired. Mr. Backry remarked on the importance of town halls
to engage the citizenry and referred to the practices of other politicians including Bob Ott and Rich Golick.
Mary Kirkendoll thanked Councilman Lnenicka for his vote. She stated her discouragement at taxpayers
not having a forum for input on how tax dollars were spent. Ms. Kirkendoll commented on the level of
security required for Council meetings and lamented that bottled water was now prohibited. She opined that
the mentality that citizens were a threat was counterproductive to citizen engagement. Ms. Kirkendall
inquired about the authority of the DDA to unilaterally make financial decisions that should be controlled
by conditions in the private sector, citing Smyrna Commons, Hickory Lakes and the current purchase of the
Concord Rd. property. Ms. Kirkendoll submitted that simply tearing down the existing structure was not
the solution and offered beautification options utilized by other cities. She requested greater transparency
and consideration of open City Hall meetings on every 5th Monday
Acting Mayor Perera extended her appreciation to Mayor Bacon and Council for inviting her to participate
in the proceedings that evening and shared that she had found it to be an enlightening experience.
ADJOURNMENT
With no further business,the meeting was adjourned at 9:05 o'clock p.m.
WOW
March 5, 2012 7
r7X
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
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ME'. E • "� 'NETT, WARD 1 ANDREA BLUSTEIN, WARD 2
61.16,0 4}41,4
TE AN LEWICZ, ,S7 RD 3 CHARLES A.WELCH, WARD 4
MOM
SUSA WILKINSON, WARD 5 WADE S. LNE KA, WARD/71"
R• FENNEL, WARD 7
WOW RESOLUTION 2012-01
A RESOLUTION OF THE CITY OF SMYRNA TO SUPPORT THE DOWNTOWN
SMYRNA DEVELOPMENT AUTHIRITY'S POTENTIAL PURCHASE OF PROPERTY
WHEREAS, the City of Smyrna supports the Downtown Smyrna Development Authority's
potential purchase of property located at 1139, 1149 & 1155 Concord Road at a purchase price
of$250,000.
WHEREAS,the City of Smyrna supports that the Downtown Smyrna Development Authority to
consummate such purchase, complete demolition and pay for other matters associated with the
acquisition.
NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Smyrna do
hereby support the Downtown Smyrna Development Authority's potential purchase of property
located 1139, 1149, and 1155 Concord Road at a purchase price of$250,000 this 5th day of
March, 2012.
ATTEST:
By , e XJ. Mayor:
Susan D. Hiott, City Clerk A. Max Bacon
Approved as to Form
Scott A. C.c'ran, City Attorney
tislownimmelew
2012-03
ORDINANCE NO. 2012-03
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
OF CHAPTER 79 SECTIONS 79-26, 79-27, 79-28, 79-29- 79-30 and 79-31 OF ARTICLE II
ECONOMIC INCENTIVE PROGRAM ORDINANCE BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COU'vCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 79-26— Definitions of the Code of Ordinances of the City of Smyrna, Georgia, be
removed in its entirety and amended to read as follows:
Sec. 79-26. Definitions.
For the purposes of this article,the following words, terms, and phrases shall have the meanings
respectively ascribed to them herein unless the context clearly indicates otherwise:
Comprehensive plan. The city's comprehensive plan.
Economic impact requirement. A target business shall generate sufficient governmental revenues to
meet or exceed the financial value of incentives.
Incentives agreement. A written document signed by representatives of the city and incentives
recipient which outlines the new jobs and economic impact projected by the recipient and the
incentives to be awarded by the city.
Incentive period. A period of time, as determined by the office of economic development with the
concurrence of the city administrator and the mayor and council, to represent the period of time when
the new jobs and economic impact requirements must be satisfied.
New jobs. Permanent full time or full time equivalent positions created by a target business.
codes
Target und businer ess. A e bustry idtfied d cfi the incentives pr plan ferred usi
or ness a special or ind impact project of en such i magnituby standar
de as may industrial be identilassified by cation
the mayor and council.
Target property. A pre-identified property of special consideration upon which the usual incentives
criteria for new jobs and economic impact do not apply.
Target residential development. A residential development consistent with the comprehensive plan of
the city as approved by the mayor and council.
That Section 79-27 General of the Code of Ordinances of the City of Smyrna, Georgia, be
removed in its entirety and amended to read as follows:
Sec. 79-27. General.
The city's economic development program shall do the following:
2012-03 2
(1) Establish and update every year an incentives plan for the implementation of development
incentives to provide for quality controlled growth, retention, redevelopment, and rehabilitation
of targeted Smyrna businesses and residential areas within the parameters of the city's
comprehensive plan.
(2) The city shall establish an advisory committee which shall be responsible for review of the
incentives plan. Members shall be appointed by the city council with each councilmember
having one appointment. The mayor shall appoint two members. Additionally, there shall be
one member appointed at large by the Smyrna Business Association, one member appointed at
large by the Cobb County Chamber of Commerce, one member appointed at large by the
downtown development authority and one member appointed at large by the planning and
zoning board. Members shall serve a two-year term.
(3) The city will develop, in conjunction with the planning and zoning board of the city, for
the mayor and council's consideration and adoption, such amendments as may be deemed
necessary from time to time.
(4) The city will coordinate with local, state, and federal agencies and such other businesses
and organizations to encourage new business and residential development and the
redevelopment and retention of existing businesses.
(5) The city will develop an inventory of prospective properties subject to redevelopment.
(6) The city shall prepare an analysis of the economic impact of a targeted business or
AMMO
residential development.
(7) The city shall be authorized to offer incentives to targeted businesses in accordance with
the incentives plan.
That Section 79-28 Incentives plan of the Code of Ordinances of the City of Smyrna, Georgia,
be removed in its entirety and amended to read as follows:
Sec. 79-28. Incentives plan.
(a) The city shall develop an incentives plan which shall be adopted in the method prescribed by the
mayor and council for the adoption of amendments to this Code.
(b) Subject to the restrictions set forth below, areas for incentives which may be offered are as
follows:
(1) Development impact fees.
(2) Plan review fees.
(3) Water system development fees.
(4) Occupation tax certificate fees.
(5) Financing of sewer system development fees.
(6) Redevelopment zones pursuant to O.C.G.A. § 36-44-3.
(7) Water/sewer user charges.
(8) Building permit fees.
2
2012-03 3
That Section 79-29 Eligibility for incentives of the Code of Ordinances of the City of Smyrna,
be removed in its entirety and amended to read as follows:
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Sec. 79-29. Eligibility for incentives.
At a minimum, a target business or residential development shall meet the following criteria:
(1) Unless otherwise provided, no incentive shall be offered or made available to any target
business or residential development which will not meet the specified thresholds for new jobs
and economic impact during the incentive period.
Tier Minimum New Economic Impact
Jobs
1 25-74 $500,000
2 75-99 $350,000
3 100-124 $250,000
4 125+ $125,000
Small business 10-25 $250,000
Target property N/A N/A
(2) A targeted properties list shall be created by Staff and updated annually, with approval by
•• Mayor and Council. Business locations and expansions within a target property may be
considered for incentives regardless of whether or not they satisfy the minimum jobs or
economic impact requirements.
(3) A target business shall be required to establish financial solvency.
(4) Residential developments will be consistent with the goals as officially set forth by the
comprehensive plan as approved by the mayor and council.
That Section 79-30 Conflict of laws; incentive recapture of the Code of Ordinances of the City
of Smyrna, Georgia be removed in its entirety and amended to read as follows:
Sec. 79-30. Conflict of laws; incentive recapture.
Should any incentive offered by the mayor and council hereunder be determined to be illegal,
unenforceable, or invalid, then the recipient, his, her or its successors, heirs or assigns, agrees to
promptly reimburse the city. Any applicant which receives or participates in any incentive offered
hereunder agrees not to relocate or deannex for the period for which the incentive is granted. Should an
applicant, his, her or its successors, violate the above provision or any terms of the written incentives
agreement, then such applicant shall immediately reimburse the city for the value of any incentive
received hereunder.
That Section 79-31 Procedure of the Code of Ordinances of the City of Smyrna, Georgia, be
removed in its entirety and amended to read as follows:
3
2012-03 4
Sec. 79-31. Procedure.
In order to establish an orderly procedure for implementation of the economic incentive program while
maintaining the confidentiality required of such a program to entice target businesses and target
residential developments to locate within the city limits of the city, the following procedures shall be in
effect as of the passage of this section:
(1) A target business or target residential development, which meets the requirements listed in
this article, may be offered any combination of the incentives, in whole or in part, listed in
section 79-28.
(2) The specific incentives offered to any candidate shall be approved by mayor and council at
a regular meeting.
(3) No person shall be authorized to divulge the name or specific business of such candidate
coming under the economic incentive program prior to their official public announcement of
locating within the city limits of the city.
(4) All incentives offered and accepted hereunder shall become effective on the date that the
business is established within the city limits of the city.
(5) No targeted business or targeted residential development shall be denied participation
under the economic incentive program solely on the basis that they are not within the
developed and approved inventory of prospective properties subject to redevelopment.
(6) All incentives offered and accepted shall be filed of record on the date they become
effective within the office of the city clerk.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a
whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 5th day of March, 20 2
Susan D. Hiott, City Clerk A. Max Bacon, Mayor
City of Smyrna
Ap•,oved as to form:
41 .1i
Scott A. C. ran, City • orney
4
ORDINANCE NO. 2012-04
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
BY ADDING TO CHAPTER 80 ARTICLE III SECTIONS 80-39, 80-40- 80-41 AND 80-42 and
80-43:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Article III of Chapter 80 of the Code of Ordinances of the City of Smyrna, Georgia, be added and
read as follows:
Article III. Multi-family rental housing
The regulations for the Multi-family rental housing inspection program are as follows:
(80-39) Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Certified building inspector: a person inspecting for compliance with the various adopted
codes who is a currently licensed/certified design professional (architect or engineer) or holds
one of the following current certifications from the International Code Council (ICC):
(1) Property Maintenance and Housing Inspector
(2) Housing Rehabilitation Inspector
(3) Building Inspector
(4) Building Plan Examiner
(5) Commercial Combination Inspector.
Code compliance certificate: a certificate, substantially similar to the inspection report
provided by the city, as based on the most current edition of the ICC International Property
Maintenance Code adopted by the City of Smyrna, executed by a licensed/certified building
inspector on the City's approved inspector list and stating compliance with those minimum
standards described in the inspection report.
Inspection report: the report attached to the code compliance certificate describing minimum
requirements for inspection of each unit.
Lease: any written or oral agreement which sets forth any and all conditions concerning the
use and occupancy of multifamily rental dwellings or multifamily rental units.
Multifamily rental dwelling: any multifamily structure, multifamily building, or other facility
promised and/or leased to a residential tenant or tenants for use as a home, residence, or
sleeping unit. This definition includes, but is not limited to, multiple-family dwellings,
multiple-family apartment units, boardinghouses, rooming houses, group homes, and flats.
Multifamily rental unit: any one area, room, structure, flat, apartment, or facility of a
multifamily rental dwelling that is being leased or rented to only one tenant, group of tenants,
or family under one lease, or under terms of joint and severable liability.
Occupancy: all tenants, lessees and persons residing within a multifamily rental dwelling or
multifamily rental unit.
2012-04 2
Owner: any person, agent, firm, or corporation having a legal or equitable interest in a
premises.
Owner-occupied: any part of a structure used as living quarters by the owner of said structure
where other parts of the structure are used as multifamily rental units. Example: Two-family
dwelling, owner occupies one flat; rooming house, owner occupies one unit.
Premises: means any lot or piece of land inclusive of the multifamily rental dwelling or
multifamily rental unit.
(80-40) Fee and certificates required.
(1) Occupation tax. All owners of multifamily rental dwellings or multifamily rental units
within the city that receive income for use of four or more such dwellings or units and meet the
requirements of O.C.G.A. § 48-13-5 for having a location or office within the city (i) shall be
subject to an occupation tax as provided in this policy and (ii) shall provide to the city, prior to
receiving an initial occupational tax certificate under this code, a code compliance certificate
covering interior inspections of no less than 20 percent of the multifamily rental units within
the 12-month period immediately preceding the date of the certification. Said code compliance
certificate shall be certified by the owner that all units inspected are in compliance with those
standards contained in the code compliance certificate and inspection report. For the initial year
of construction, this section shall not apply to new construction or rehabilitation of a
multifamily rental dwelling provided proper permits are obtained from the city.
(2) Inspection. Upon initial inspection of such dwellings or units, should a certified building
inspector determine that further work is necessary to comply with the minimum standards set
forth herein, an acceptable plan shall be submitted to the chief building official outlining the
time and scope of work necessary to bring the units into compliance. If such plan is accepted by
the chief building official as reasonable and justified, a temporary occupational tax certificate
...
may be issued, until a property is brought into compliance with IPMC minimum standards
within a twelve month period. An extension may be granted for up to one year for completion
of repairs and compliance with this article. No extension shall be granted if life safety issues
are involved and any such units shall not be leased until brought into compliance.
(3) Compliance certificate. After submission of the initial code compliance certificate, each
owner shall submit a code compliance certificate annually, commencing on January 1, 2013,
with their business license renewal. Such subsequent code compliance certificates shall cover
interior inspections of at least 20 percent of the units, provided all units shall be inspected, at a
minimum, every five years. All units inspected shall be listed individually on the code
compliance certificate submitted to the city by the certified building inspector. Furthemiore,
exterior inspections of buildings and property to show compliance with minimum requirements
of the IPMC shall cover 100 percent of the properties common areas, including but not limited
to: drainage, sanitation, weeds, exterior walls, paint deterioration, decks, doors, windows,
screens, handrails, guardrails, roofs, abandoned vehicles, parking lot maintenance, electrical &
plumbing maintenance and graffiti. All Common areas of property shall be inspected for
compliance, at a minimum, once each year. A compliance report indicating that the condition
of the property meets the minimum requirements of the IPMC shall be submitted to the city by
the certified building inspector as part of the annual Code Compliance Certificate.
(4) Written record of inspection. Each owner and certified building inspector shall keep a
written record of all inspections for each unit including the date of the inspection, items
inspected and all violations, if any, observed. Such records shall be presented to the city within
twenty business days after such request is made in writing to the inspector. Failure to provide —�
such records shall nullify the code compliance certificate for those units.
(80-41) Failure to provide code compliance certificate.
(1) Failure to provide the code compliance certificate as provided herein shall be a violation of
this section and is subject to penalties as determined by Mayor and Council.
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(2) Failure to provide the code compliance certificate shall further, upon a judicial
deteiniination, be a condition constituting probable cause for, and may subject said multifamily
.* rental dwelling or multifamily rental units to, inspection by the city building official at a fee as
determined by the city council that covers all costs of such inspection by the city. Said
inspection by the city, if required, shall be at a sole cost of the owner and failure to pay said
cost shall result in a lien being placed on the premises as provided for collection of taxes.
(3) Failure to pay the occupational tax as provided herein shall be a violation of the City Code
and is subject to those penalties set forth therein. Nothing contained in this section shall prevent
the city from enforcing the state minimum standard codes as provided in this chapter.
(80-42) Penalty for false certification and false inspection.
(1) An owner who knowingly participates in furnishing a code compliance certificate to the city
which contains a false certification that all multifamily rental dwellings or multifamily rental
units inspected are in compliance with those standards contained in the code compliance
certificate shall be guilty of a violation of this Code for each multifamily rental dwelling or
multifamily rental unit for which the certification is shown to be false and can be fined as
provided by this Code for each violation.
(2) A certified building inspector who furnishes an inspection report which knowingly contains
fraudulent information that a multifamily rental dwelling or multifamily rental unit meets the
minimum housing standards of the city as shown by the inspection report provided by the city
from which this ordinance is derived shall be guilty of a violation of the Smyrna Code of
Ordinances and the inspector's right to submit inspection reports to the city may be suspended
for a stated period of time, up to one year, by resolution of the city council.
(80-43) Certified building inspector requirements. All inspectors wishing to submit or participate in
�,.. the apartment evaluation program must comply with the following requirements:
(1) The inspector must be a currently licensed/certified design professional (architect or
engineer) or hold one of the following current certifications from the International Code
Council (ICC): property maintenance and housing inspector, housing rehabilitation inspector,
building inspector, building plan examiner or commercial combination inspector. Inspections
performed will be based on the most current edition of the ICC International Property
Maintenance Code as adopted by the City of Smyrna.
(2) The inspector must submit a copy of his or her business license and applicable current
license/certification to the city to be placed on an approved certified building inspector list
prior to inspecting any apartment complex.
(3) The inspector must meet with the chief building official or the code compliance official
upon approval prior to perfouuing any services to comply with this section.
(4) The inspector must provide an inspection report or a certificate, similar to the inspection
report provided by the city, executed by a currently licensed/certified building inspector and
stating compliance with those minimum standards described in the inspection report. The
inspector must sign and date the report upon completion.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a
whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
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Approved by Mayor and Council this 5th day of Marc 12 Oft*
Attest: A. Max Bacon, Mayor
Susan D. Hiott, City Clerk
City of Smyrna
Aproved as to form:
cott A. Cochran, City At :
City of Smyrna
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