Code Enforcement Strategy for Removal of Unauthorized Encroachments in the Parklands December 5, 2016

Presentation: Background Current code enforcement tools and process Overview of cases Types of encroachments in Parklands Resolutions R05-32 and R12-05 Recommended changes

Background: Many encroachments have been reported and are being identified The City has formulated a code enforcement strategy The City hired a full-time experienced Code Enforcement Officer Code Enforcement Officer’s first year focused on: Reducing case backlog Developing tools, plans, and procedures for mitigating violations Implementing new code enforcement software (Comcate)

Code Enforcement Tools and Process Nature of Violation Priority I (Health & safety) Priority II (Encroachments & nuisance impact on neighborhood) Priority III (Nuisance & property maintenance on private property) Investigative Process Prioritize complaint Determine if a violation exists Interview reporting party and property owner Field observations Research City files, permits, & plans Gather and record evidence Contact property owner/responsible party

Overview of Code Enforcement Cases Parkland Encroachments Case Type Abated & Closed Opened & Notified 2015 6 8 2016 15 34 2016 Parklands Encroachment Case Evaluations Case Type Geographic Properties/Areas Identified Investigations in Progress Parkland Encroachments 79

Proposed Code Enforcement Strategy For Unauthorized Proposed Code Enforcement Strategy For Unauthorized Structure Encroachments in Parklands Structures Code Enforcement PC (concurrent with review of discretionary permits or with review of Encroachment Abatement Agreement) Alternative Planning Commission New Construction No new structure encroachments permitted   Existing Fence/Wall or Structure Minor (<5 ft.) or Major encroachment (>5 ft.): Subject to immediate removal if any of the following: Blocking access Safety issue 5 ft. or greater encroachment Minor encroachment: Up to one year abatement period or immediate removal if any of the following: 50% or more removed/replaced Dilapidated or public nuisance Sale or transfer of property unless Enforcement Compliance Agreement obtained by Planning Commission Upon determination that public access is required Up to 5 year abatement period with Enforcement Compliance Agreement obtained by Planning Commission or immediate removal if any of the following: Sale or transfer of property Certain existing fences or walls are substantial, attractive and compatible with the surrounding neighborhood. A policy (e.g. renewal of Enforcement Compliance Agreement) could be approved to allow for these fences or walls to remain until either of the following: Abated if 50% or more removed/replaced Upon determination that public access is required  NOV/Encroachment Compliance Agreement Recorded on Property Preferred but not required. NOV will be sent to property owner, copy in address file and copy to PVHA. Yes. Property must agree to NOV/Agreement recordation in order to obtain Planning Commission approval of longer abatement period.

Proposed Strategy For Private Landscaping Encroachments in Parklands Private Landscape Administrative Parklands Committee/ City Council New Plantings Minor encroachment (up to 5 ft.): Must generally use native plantings, must not appear to be “privately owned” or create a barrier to the public Application for private plantings to be submitted   Existing Plantings Dead, dying or dangerous plantings subject to immediate removal Minor landscape encroachment (up to 5 ft.): Major landscape encroachment (>5 ft.) or Must submit an Application for Landscape or Hardscape Improvements with City Parklands New landscape and/or hardscape which encroaches >5 ft. will be considered via a Change to Parklands Application

Private Landscape Administrative/ Code Enforcement Parklands Committee Planning Commission Existing Hardscape (e.g. walkway, steps or stairs) Note: If the adjacent property owner is not found to be responsible, City will have option to remove and to assume full cost.   City may want to consider an ordinance amendment to require adjacent property owner to be responsible (similar to ROW) Minor encroachment (up to 5 ft.) and Major encroachments (>5 ft.) subject to the following: No safety concerns Facilitates public access Does not appear to be “privately owned” Removal may contribute to erosion or other issues Planning Commission review for nonstandard encroachments such as fixed benches, fences and walls New Hardscape (e.g. walkway, steps or stairs) Minor encroachment (up to 5 ft.) Previously Authorized Orchard, lawns and irrigation  Subject to reauthorization

Case Study 1: Structures Via Elevado Four properties on Via Elevado encroach into parklands adjacent to Paseo Del Sol Fire Road Encroachments vary from @ 1-20 feet Via la Selva

Case Study 2: Structures 3301 Via La Selva Minor fence encroachment of up to 1.7 ft. into the parklands. Survey identified encroachment. Planning Commission approved Miscellaneous permit for encroachment into parkway (ROW) along Via Colusa. Project conditioned to remove parklands encroachment.

Case Study 3: Structures 1445 Via Coronel New construction of a wall and patio built in parklands. 20’ Path

Case Study 4: Private Landscape 1529 Via Lopez 20 Foot Path, Public Access Blocked

Case Study 4 Continued: 20 Foot Path, Public Access Available Property owner reopened pathway and currently seeking approval for remainder of private plantings.

Case Study 5: Private Plantings 2920 Via Campesina Encroachment Approved in 2005. Property owner authorized to provide lawn and ornamental shrubs. Parklands area is 25,000 sq.ft.

Case Study 6: Private Plantings 2701 Via Elevado In 2007, property owner instructed to remove all unauthorized encroachments except vegetation and trees. 2701 Via Elevado comprised of three parcels.

Examples of Hardscape/Stairs New pathway and stairs removed by owner Old stairs constructed by unknown owner

Resolution R05-32: Policy for the Removal of Unauthorized Encroachments in the City’s Parklands (Nov 2005) Current Code Condition imposed by Planning Commission Removal due to public nuisance Removal due to lack of permit/authorization Current Policy Removal upon change of ownership. Allows 5 year abatement period NOV issued upon identification of “significant” encroachments City is responsible for survey, if deemed necessary City may remove, bill property owner/lien property and cite for infraction

Resolution R05-32: Policy for the Removal of Unauthorized Encroachments in the City’s Parklands (Nov 2005) Modified Policy Options Define encroachment types: “Minor” Does not block access, create safety issue and encroaches less than 5ft “Major/Significant” Blocks access, create a safety issue, does not appear privately owned and/or encroaches greater than 5ft.

Resolution R05-32: Policy for the Removal of Unauthorized Encroachments in the City’s Parklands (Nov 2005) Modified Policy Options Abatement schedule: Minor: 1) Up to 1 year for administrative process 2) Up to 5 years for Planning Commission A) Subject to conditions for discretionary review B) Approval of an Encroachment Compliance Agreement 3) Immediate removal upon sale or transfer of property unless Encroachment Compliance Agreement 4)Possible extension of time beyond 5 years for high quality fences or walls (renewal of Encroachment Compliance Agreement)

Proposed Encroachment Compliance Agreement Current code and policy requires City to perform survey and utilize abatement process pursuant to Section 8.48.015 Proposed Encroachment Compliance Agreement: Creates a strong tool to resolve Notice of Violations and obtain corrections Allows property owners to request extended abatement period Property owner performs survey to confirm property line and clearly identify encroachment Agreement is recorded on title Enforcement success is improved City costs for enforcement significantly decrease City reserves right for immediate abatement if 50% or more removed/replaced, public nuisance or need for public access/use

Resolution R12-05: Parklands Landscaping Policy (March 2012) Currently Policy Allows Parklands Committee to: Review private plantings of parklands Make recommendations to City Council Objectives indicate landscaping should: Parklands to remain open and to remain undeveloped as possible Not appear to be “privately-owned” Not create a barrier for public access Should be limited native varieties Benches, statues, hardscape, etc. reviewed on case by case basis Findings for Approval: Special circumstances which do not generally apply to others Necessary to do substantial justice and to avoid practical difficulty/hardship No material damage or prejudice to other property in vicinity Landscape, to the extent reasonably practicable, not appear to be privately-owned or create a barrier

Resolution R12-05: Parklands Landscaping Policy (March 2012) Modified Policy Options Administrative process for encroachment up to 5 feet: Existing private plantings using ornamental or native plantings New private plantings utilizing native plants Parklands Committee review New or existing hardscape improvements where appropriate public access is provided Existing private plantings greater than 5 ft.

Who’s Responsible Amend Code similar PVEMC 12.16.060 Currently Policy Alternative Option Adjacent property may not have established encroachment City may need to abate for safety or access purposes City may remove longstanding encroachments over a period of time No code for maintenance requirements for adjacent property owners Amend Code similar PVEMC 12.16.060 ROW maintenance Requires all property owners to care for and provide maintenance of parkways adjacent to their real property