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

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

3. 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)

4. 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

5. 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

6. 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.

7. 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

8. 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

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

10. 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.

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

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

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

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

15. 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.

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

17. 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

18. 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.

19. 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)

20. Proposed Encroachment Compliance Agreement
Current code and policy requires City to perform survey and utilize abatement process pursuant to Section
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

21. 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

22. 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.

23. 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
ROW maintenance
Requires all property owners to care for and provide maintenance of parkways adjacent to their real property