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Perry council adopts a package of ordinances on construction exemptions, easement closures, lien enforcement, and tobacco rules
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Summary
Council approved a set of ordinances to (1) align local construction/permitting rules with state exemptions and add an owner-affidavit requirement, (2) streamline public-way/easement-closure procedures, (3) enable municipal in-rem foreclosure on unpaid municipal-code liens for certain dilapidated properties, and (4) update tobacco and youth-access rules to qualify for TSET grant gold status; emergency clauses were applied where needed.
The Perry City Council voted on a package of ordinances covering building-permit clarifications, administrative process changes, new enforcement tools and public-health code updates.
Construction/permitting: Ordinance 2026-O-3 aligns the municipal code with state exemptions for residential owners doing construction, plumbing and certain electrical or mechanical repairs. Staff explained the ordinance clarifies when a property owner may perform work without contractor registration, requires permits and inspections for work that triggers permitting, and requires an affidavit documenting owner-performed work to provide a record for future buyers. "This clarifies what a homeowner or a property owner is allowed to do and what they're not allowed to do under state law," said David during the presentation. The ordinance passed and the council approved an emergency clause to make the changes effective immediately.
Public-way closures: Ordinance 2026-O-4 amends Chapter 12 to remove the planning commission hearing from the process for closing public ways and easements, bringing the local procedure into alignment with state statute and streamlining the administrative process. The council approved the ordinance and applied the emergency clause.
Lien enforcement: Ordinance 2026-O-5 (the municipal-code lien enforcement act) allows the city to pursue judicial in-rem foreclosure on municipal-code liens (non-owner-occupied), rather than relying solely on county treasurer foreclosure processes, subject to a $1,500 threshold. Staff said the tool is intended for strategic redevelopment of dilapidated lots where liens exist. Council approved the ordinance and applied the emergency clause.
Tobacco and youth-access code updates: Ordinances 2026-O-6 and 2026-O-7 adjust prohibitions on tobacco, vapor and marijuana products on city-owned property and vehicles, add definitions (including nicotine products), and add coordination with the ABLE Commission for prosecuting underage violations. Staff said the changes are intended to help the city qualify for TSET gold grant status; the council approved the ordinances and emergency clauses to meet the grant filing timeline.
Votes at a glance: Each ordinance was approved by roll-call vote during the meeting; emergency clauses were applied for several ordinances to allow immediate effect and to meet grant or statutory timelines.
Why it matters: The package clarifies homeowner rights under state law for small-scale construction and establishes administrative and legal tools the city can use for property cleanup and public-health grant eligibility. Council emphasized communications (brochures and website tools) so residents understand what work they may lawfully undertake and what requires permitting and inspection.
Next steps: Staff will produce public-facing brochures and website content explaining homeowner exemptions, publish changes, and implement lien-enforcement procedures where appropriate. The city will file for TSET grant opportunities now that the tobacco ordinances are updated.
