HomeMy WebLinkAboutItem 5.2 Property Maintenance Ordinance (2) 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 .
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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.
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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 .
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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
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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)
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