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Home My WebLink About5.2 Property Maintenance Ordinance AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 13 , 1985 SUBJECT: Memorandum from Planning Commission regarding Property Maintenance Ordinance EXHIBIT ATTACHED: Background Attachments 1 - April 15, 1985 Planning Commission Memorandum regarding Property Maintenance 2 - April 15, 1985 Planning Commission Agenda Statement without draft memo RECOMMENDATION: Consider whether or not to: :1) Direct Staff to prepare draft {� property maintenance ordinance �l addressing community aesthetics 2 ) Direct Staff to prepare pro-active community aesthetics program FINANCIAL STATEMENT: Undetermined DESCRIPTION: On April 15, 1985, the Planning Commission reviewed the City ' s existing Ordinance regarding property maintenance . The ordinance has been used only in potentially hazardous or injurious situations . The Planning Commission voted, 3 to 2 , to request the City Council to consider a property maintenance ordinance to address community aesthetics. The Planning Commission was particularly concerned with unkept lawns and front yards. Staff has found that the City of Palo Alto has had two short term pro-active programs to address community aesthetics . The first program took place in the early 1970 ' s, the second in the early 1980 ' s. The second program involved two temporary Building Inspection/Zoning Investigation employees who traveled up and down each city street. The program concentrated on: 1) Cleaning up weeds 2 ) Trimming trees and shrubs that hung over. City Streets and sidewalks 3 ) Removing illegally parked boats, trailers and vehicles The program ran 6 months and resulted in approximately 7 , 000 citations and follow up work. At the time, the program cost approximately $15, 000 in direct salaries, plus additional costs for overhead and support staff time . ---------------- ' ----------------------------------------------- ITEM NO. V ' � COPIES TO: Planning Commissioners At this time, the City of Palo Alto does not have a pro-active community aesthetics enforcement program. They - respond to potential zoning-violations on an individual complaint basis. Staff recommends that the City Council consider whether or not to 1) direct Staff to prepare a draft property maintenance ordinance to address community aesthestics and/or 2 ) direct Staff to prepare a pro-active community aesthetics program for City Council review. -2- 1 DATE: April 15 , 1985 TO: City Council FROM: Planning Commission RE: Property Maintenance At the April 15,. 1985, Planning Commission meeting, the Planning Commission reviewed the current City ordinance regarding the abatement of hazardous weeds and litter. The Planning Commission finds that there is a need to also address property maintenance from an aesthetic standoint. unkeptlla nsr ,and front yards inour Commission is concern neighborhboods . The Planning Commission requests ert that maintenance Council ordinance consider that the development of a pro Y addresses community aesthetics . 3 . pp �" �" ' A AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 15, 1985 SUBJECT: Discussion of Property Maintenance EXHIBITS ATTACHED : 1 ) Copy of Article 12 Abatement of Hazardous Weeds, Litter, etc . 2 ) Draft Memo Re : Property Maintenance RECOMMENDATION: 1 ) Hear staff presentation 2 ) Consider draft memo FINANCIAL STATEMENT: Undetermined DESCRIPTION: At the April 1, 1985, Planning Commission meeting, the Planning Commission raised some concerns regarding unkept residential property. Unkept lawns and landscaping were of particular concern. The Planning Commission requested Staff to draft a memo to the City Council regarding property maintenance. The Staff has researched the City' s adopted ordinance regarding property maintenance . Article 12 of the Alameda County Ordinance Code , as adopted by the City addresses the "abatement of hazardous weeds , litter, etc. " A copy of the adopted ordinance section is attached. The adopted ordinance prohibits litter, grass, or weeds on public or private property, "in such a manner as to be injurious to the health, safety or economic welfare of the residents of the vicinity. " This ordinance has been used in situations where weeds or litter were determined to be potentially hazardous or injurious to health, safety, or economic welfare. The ordinance has not been used to regulate and control property maintenance from an aesthetic standpoint. The Zoning Investigator and Building Official are responsible for enforcing the ordinance . If the present ordinance and its enforcement meet the concerns of the Planning Commission, no further action is needed. If , however, the Planning Commission would like to have the City Council consider an ordinance that specifically regulates property maintenance from an aesthetic standpoint, it should consider the attached draft memo . ----------------------------------------------------------------- ITEM NO S- -2, COPIES TO: BID �\ � E,rticle 12 1 Abatement of hazurdbus weeds, litter, etc. 3-150.0 Declaration ofheigdcumulation upondstreets,raidewalksrand finds and declares that t private property of rubbish, garbage, grass, weeds and other rank growths ious fire hazards, provide a harborage for rodents and a may cause ser breeding media for insects; that such wastes by their presence may in- juriously affect the health, safety, -comfort and welfare of persons in the vicinity thereof; and that such wastes produce unsightliness result- ing in depreciation of property values and the comfortable enjoyment of life. (Based on sec. 1, Ord. 71-71) 3-150.1 Definitions. Definitions as used in this Article: (a) The term " ,a� rbaze" means putrescible animal. and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (b) The term "ru means non-putrescible solid wastes con- sisting o both combustible and nor_combustible wastes, such as paper, wrapoings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, grass, bedding, crockery and similar materials. (c) The word "litter" means "garbage" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. _ (Based on sec. 1, Ord. 71-71) 3-150.2 Litter Prohibited. It is unlawful for any person to place or maintain or permit to be placed or maintained upon any street, side- walk or property owned or occupied by that:person any litter, dirt, grass, weed� .or othe ohs in such a manner as to be injurious _ to the health, safety or economic welfare of the residents of the vicinity. J (Based on sec. 1, Ord. 71-71) 4 3-150.3 Enforcement. The provisions of this Article may be enforced pursuant to the provisions of Chapter 6 of Title 7 of this code. If- any violation of the Article constitutes a seasonal and recurrent nuisance, r�MENT - low t 4 J►5�gs PL MSG the Board of Supervisors shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. The procedure set forth in Section 3-34.2(c) shall be followed in the case of any violation of this Article which has pre- viously been declared to constitute a seasonal and recurrent nuisance. (Based on sec. 1, Ord. 71-71) a 1 1�