HomeMy WebLinkAboutAgenda Statement 1980/05/27 item 20 (2) COUNCIL AGENDA STATEMENT
20
Item
SECOND READING AND ADOPTION Meeting Date =5# 5/27/80
ITEM TITLE: Public hearing - Consideration of an amendment to the Municipal Code relating
to maintenance of landscaping by property owners
Ordinance /VD - Amending Chapter 12.32 of the Municipal Code relating to
maintenance of landscaping by property owners or tenants
SUBMITTED BY: Director of Building and Housing 10 - (4/5ths Vote: Yes No X )
The City Council , at their meeting of March 25, 1980, directed staff to submit a copy of the
proposed ordinance to the Chamber of Commerce and the South Bay Board of Realtors and to set
a public hearing. The proposed ordinance is an amendment to Chapter 12.32 of the Municipal
Code to establish landscape maintenance of the public right of way between the private
property line and the curb line.
RECOMMENDATION: That Council place the ordinance on its first reading.
BOARD AND COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
On April 11 , 1980 a letter was sent to the Chamber of Commerce and the South Bay Board of
Realtors informing them of the proposed ordinance and that I would meet with them to discuss
the ordinance.
City Council has observed and the Building and Housing Department has received numerous
complaints from time to time of the unkept areas within the street right of way from back
of curb to the property line. At present, this area is not covered by the Landscape
Maintenance Manual for existing buildings and as such we have no authority to require the
adjacent property owner to clean up and otherwise maintain it. In our enforcement of the
landscaping requirements required of new and remodeled buildings , the Zoning Enforcement
Officer is continually reminded by the property owner that "Why must I maintain my land-
scaping out to the curb line when the existing building adjacent to me is not required to
be landscaped nor the area maintained by the owner?"
In order to correct this problem, an ordinance would be required which stipulates landscape
maintenance in these areas and provides for it in such a way as to be enforceable by the
Zoning Enforcement Officer. I therefore recommend that property owners or occupants in
multiple family, commercial and industrial zones be required to maintain the public right of
way immediately adjacent to his/her property to the curb line. This ordinance is based on
general welfare, health, and safety considerations , as properly maintained areas , whether
they are private or public property, will minimize dirt and debris which can be hazardous
and injurious to health. An ordinance to that effect adopted by Council would be advanta-
geous for the following reasons :
1 . It would provide uniform landscaping requirements for multiple family, commercial
and industrial properties throughout the City.
2. It would simplify the job of the Zoning Enforcement Officer because requirements
would be more uniform.
3. It would help the Zoning Enforcement Officer to identify landscaping deficiencies.
4. It would be fair to all property owners (some property owners are required to
maintain the landscape and some are not) .
5. It might help to stimulate better landscaping maintenance throughout the City.
Continued
Form A-113 (Rev. 11/79)
Page 2, Item Fes- 20
5/20/80
Meeting Date =66 g2.®=
6. The overall appearance of the City would be improved.
7. In the absence of the Zoning Enforcement Officer, or to assist him, the other
inspectors could make inspections without having to ascertain if a piece of
property must be maintained to the curb line.
The following disadvantages might occur:
1 . More property owners would be cited for inadequate maintenance of the landscape
and might protest to the City Council .
2. The field workload for the Zoning Enforcement Officer would increase.
FISCAL IMPACT: No immediate fiscal impact.
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