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EDA directs ordinance amendment to address damaged and abandoned utility boxes
Summary
After lengthy discussion about enforcement limits and public safety, the Dayton Economic Development Authority asked staff and the city attorney to draft an ordinance amendment targeting damaged, inoperable and abandoned utility boxes and to forward it to the City Council for consideration.
The Dayton Economic Development Authority on Tuesday directed staff to prepare an ordinance amendment addressing damaged, inoperable and abandoned utility boxes and to forward proposed language to the City Council.
EDA members said the boxes pose safety and blight concerns and that current enforcement is largely complaint-driven because the city lacks staff capacity for proactive inspections. City staff and legal counsel told the EDA the existing code (cited in the meeting as code section 152.62) allows nuisance abatement but does not clearly state who pays for abatement or include specific penalties tied to utilities, creating enforcement challenges.
At the meeting staff described how a full inventory and door‑to‑door inspection approach would be labor‑intensive and would likely require daytime staff capacity now committed to other duties. Members proposed lower‑cost first steps such as publishing a notice in the Dayton communicator asking residents to report damaged boxes and using those reports to generate targeted inspection lists. Some members said letters to utility providers about identified boxes should begin immediately.
Legal counsel recommended adding explicit code language to create enforcement "teeth," for example by tying compliance to right‑of‑way or permit approvals, or by using escrow or other financial mechanisms so the city can recover abatement costs if utilities do not respond. Counsel also explained differences between complaint‑based enforcement and proactive scanning and noted accuracy and due‑process considerations for any proactive program.
After discussion, the EDA moved and seconded a recommendation that city staff and the city attorney draft ordinance language addressing damaged and abandoned utility boxes, including abandoned equipment and remedies for non‑compliant utilities, and present that draft to the City Council. The motion carried.
The EDA asked staff to include procedures for (1) citizen reporting, (2) targeted inspections and (3) penalties or permit‑based leverage the city could apply if utilities fail to remediate identified hazards. Staff said it would work with the public works director and city attorney to draft the amendment for council consideration.
The item was discussed under the agenda’s old business section; no new enforcement action beyond the drafting direction was taken at the meeting.
