Memorandum

Memorandum

To:    David L. Corliss, Assistant City Manager

From: Toni Ramirez Wheeler, Staff Attorney

Cc:     Mike Wildgen, City Manager, Debbie Van Saun, Assistant City Manager, Victor Torres, Neighborhood Resources Director, Charles Soules, Public Works Director and Fred DeVictor, Parks and Recreation Department Director     

Re:     Proposed Amendments to Chapter 9, Health and Sanitation

Date: April 14, 2004

The Neighborhood Resources Department proposes amendments to several provisions in Chapter 9 of the City Code concerning Health and Sanitation to enhance its ability to enforce the Environmental Code.  A summary of the major changes follows:

City staff at this time has not determined the fiscal impact of the proposed changes on the Neighborhood Resources Department, the City Prosecutor’s Office, or Municipal Court. 

1.       9-203:  The procedure for declaring and abating a health nuisance is modified to conform to changes in state statutes.

2.       9-204:  The procedures for abatement by the City of a health nuisance in the event the owner fails to do so, and the collection of the costs associated therewith are amended to reflect changes in state statutes.

3.       9-407 and 9-408:  These sections are amended to require the removal of trash receptacles within 24 hours after the collection crew departs the property.

Victor Torres reports that these amendments are designed to address a recurring problem in some neighborhoods caused by residents leaving their trash receptacles at the curb collection point all week long.  The current language in Section 9-407 requires removal “as promptly as possible after the collection crew has departed.”  The existing language, which lacks a definite timeframe, makes enforcement difficult.

In Article 6, the Environmental Code, the following changes are proposed:

4.       9-603.2:  The following terms are added to the definitions section:  approved driveway, driveway surface, outdoor furniture, house numbers, porch, protective treatment, trash, and trash receptacles.  The definition of “abandoned motor vehicle” is expanded.  The definitions of garbage and refuse are amended to agree with the definitions for these terms in Chapter 9, Article 4.

5.       9-605:  The section on enforcement standards is amended to strike the language measuring the condition of a property under investigation against the quality and appearance of properties in the neighborhood.  As amended, a violation may be found regardless of the condition of surrounding properties.  A uniform standard throughout the City will improve the Department’s enforcement abilities.

6.       9-606.1:  The section regarding unlawful acts – exterior condition--is amended to clarify that indoor furniture may not be placed on porches, in yards or other outdoor locations.  Indoor furniture that is not designed to withstand the elements deteriorates quickly when it is placed outdoors, may result in infestation, and is unsightly. 

A provision is added making it unlawful to leave dead or dying trees in the yard.  Dead or dying trees, if not removed, may result in the dead tree falling and damaging a neighbor’s property.  Citizens  have expressed concern about the hazards dead trees may pose.

7.       9-606.3:  This section is added to clarify that failing to conspicuously display the assigned house numbers is a violation of Article 6.

8.       9-606.4:  This section is added to describe a classification of unlawful conditions associated with trash and trash receptacles.   

9.       9-607:  This section is amended to reduce the amount of time the person in violation of the Environmental Code has to repair a violation of exterior conditions from 45 days to 30 days.  This change is expected to help the department determine in a timelier manner if the property owner is interested in complying with the regulations.

10.     9-608:  This amendment increases the maximum fine for a violation of the Environmental Code from $100 to $500.

11.     9-610:  This section is amended to conform to state statutes when a city removes a motor vehicle from private property.

12.     9-613:  This section is amended to permit the City to recover the costs associated with sending notices of violation to an owner or occupant for violations of the Environmental Code.