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October 13, 2004 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 13, 2004 Joim Meeting of the City of Demon City Council and the Planning and Zoning Commission on Wednesday, October 13, 2004 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney, Demon, Texas at which the following items will be considered: 1. Receive a report, hold a discussion, and give staff direction regarding Demon Development Standards. Following the completion of the Joim Meeting, the City Council will convene in a Work Session to consider the following: 1. Receive a report, hold a discussion, and give staff direction regarding proposed ordinances, procedures and programs related to property appearance and Code Enforcement. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of , 2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 13, 2004 Planning and Development Jon Fortune, Assistant City Manager SUBJECT Receive a report, hold a discussion, and give staff direction regarding Denton Development Standards. BACKGROUND The Council requested a joint meeting with the Planning and Zoning Commission in order to discuss possible policy and code changes concerning residential development, in response, the staff has prepared the attached slide presentation. The presentation addresses trends, comparisons, and possible code changes in density and design standards, in the trend data presents the information needed to hold a discussion on the future single family/multiple family ratios and the effects on the use of land. Specifically, a matrix was requested and a draft matrix is shown below. A. Possible Re~,ulatorv Chain, es Tool Matrix for Single Family and Multiple Family Residential Uses Land Use Tool Change Required Single family Design Elements Open Space Dedication Trail Dedication Minimum Lot Size Higher Minimum Dwelling Unit Size Increased Energy requirements and/or inspection requirements increased landscape requirements Development Code Open Space Master Trail Master Plan Development Code Development Code Building Code Development Code Wider ROW requirements (allows street trees) Smaller ROW All Brick Alley Requirements for lots < 50 feet wide Higher review fees Higher quality/paying employment in the city Development Code Development Code Development Code Development Code Enable in Code Economic Development Improve Regional Mobility Add site plan requirements requirements to zoning Council, staff Development Code Multiple family Open Space Dedication Trail Dedication Higher Minimum Dwelling Unit Size Increased Energy requirements and/or inspection requirements Increased Landscaping requirements Wider ROW requirements (allows street trees) Open Space Master Plan Trail Master Plan Development Code Building Code Development Code Development Code All Brick requirements Higher review fees Reduce acreage of lands allowing apartments (down zoning) Moratorium on apartments Limit the number of apartments in a complex Add capacity analysis to zoning requests Add site plan requirements to zoning requirements Work with universities to increase on campus student housing Development Code Enable in Cod e Legislative action Legislative action Development Code Development Code Development Code A cafeteria-plan type matrix could be developed for the Development Code utilizing options from the draft matrix. A possibility could be the following: Higher points would be given for items of higher value and the values set forth in the Criteria Manual or Code. There would be some minimum set of criteria that would be applicable to all. A project might need to score 100 points in order to be approved. Developers would choose the standards with which they want to comply, by choosing from the categories for selections that must add to, say, 100 points. B. Discussion The presentation contains some data on housing value. Most of the housing value data is appraised value data and sales price information. The data on the average value of new dwellings using building permit data is unreliable and not comparable from jurisdiction to jurisdiction, since most cities impute a value based on a average square foot cost rather than relying on the self-reported value by the building permit applicant. A change in the permit process could be made to require a statement of the value of the dwelling, if it is important to track that information. The data from the Real Estate Data Center does not break down individual cities in Denton County, so that data is not shown in the presentation. There is little data to support a theory that higher design standards always cause higher value housing. There is some data to support the idea that open space and trail dedication and preservation can lead to higher housing value. Awareness of exclusionary zoning case law will be needed in the formulation of policies and standards that may require higher value housing. Transportation (access to high paying jobs) and economic development can affect the value of housing. Transportation issues addressed in the presentation include the location of future north south and east-west corridors. Specific land use plan, zoning map and text amendments as well as other staff and Council actions can be developed in response to direction from the Commission and the Council. ATTACHMENT Power Point Presentation Respectfully submitted: Kelly Carpenter Planning and Development Director Discussion of Policy and Code Changes for Residential Development Presented to the City Council and Planning and Zoning Commission By the Planning and Development Department October 13, 2004 The City Council asked us to address these issues: Provide a briefing on residential development: > Density > Design ~ Value and > Future Growth and Development We will present the following information: · Existing conditions and trends · Current City policies and regulations · Benchmarking data with other cities · Policy issues Denton Plan Residential Land Use Principles * Preserve Neiqhborhoods. Achieved by demanding high-quality development and establishing design and construction standards that are fair and evenly applied. o Promote a Diverse Housinq Stock. Allow all types of people to live in Denton by allowing a variety of housing types, sizes and prices. Housing stock should reflect the demographics and economic structure of the community. o Limit Sprawl. Guide development of housing patterns that limits sprawl, accommodates projected housing demand, and allows quality high density development where it is close to jobs, shopping, schools and transit. Source: Denton Plan, 1999-2020, pg. 35. DENSITY Denton Plan Growth Management Strategy Assumptions Average residential densities will be the same as exist today; There will continue to be a citywide average of 2.8 people per single-family residential unit and 1.8 people per multifamily unit; The citywide average density for single-family development will be 3 units per gross acre; and The citywide average density for multifamily development will be 14 units per gross acre ...by the year 2020, bring the ratio of single-family to multifamily housing from 51:49 to 60:40. The 2004 ratio is 55:45. Source: City of Denton Comprehensive Plan, Denton Plan, 1999 2020, pg. 22 and pg. 38. Other Cities' Residential Development Regulations SF 2.5 2.5 acres 1,6O0 s.ff. 15% SF I 1.0 acre1,6O0 s.ff. 15% SF 2O 20, O00 s.[. 1,600 s.[. 30% SF 10 10, O00 s.ff. 1,600 s.ff. 35% SF 7 7,000 s.ff. 1,6O0 s.ff. 4O0/o SF I 1.0 acre2,5O0 s.ff. 3O% SF2 14, O00 s.ff. 2,0O0 s.ff. 3O% SF3 10, O00 s.ff. 1,7O0 s.ff. 3O% SF~ 7,5OO s.~t. 1,5OO s.~t. 3O% A 2.O acres 1800 s.ff.25% SF E 1.0 acre2,40O s.ff. 25% SF 30 30, O00 s.ff. 2,100 s.ff. 35% SF 15 15,000 s.ff. 1,800 s.ff. 35% SF 10 10,000 s.ff. 1,800 s.ff. 40% SF~,0 40, O00 s.ff. 2,O00 s.ff. 50% SF 15 15,000 s.ff. 1,800 s.ff. 35% SF 12 12,000 s.ff. 1,500 s.ff. 35% SF 10 10,000 s.ff. 1,500 s.ff. 40% SF 8 8,0O0 s.ff. 1,4O0 s.ff. 4O% Additionally there are some F~s w Eh rain dwelling size r,~re than above, even though the rain lot size is the same. ~Z Tow~e Estate 7,5O0 s.ff. 2,500 s.ff. 40% R 18 18O00 s.ff. 2,400 25% R 12 12O00 s.ff. 2,O00 3O% R 9 9O00 s.ff. 1,850 35% R 7.5 7500 s.ff. 1,700 40% R 6 6O00 s.ff. 1,5O0 50% R 5 5O00 s.ff. 1,450 50% Denton's Residential Development Regulations NR-.4 (4 du/ac) Applies to subdivision of 2 acres or less: Maximum lot area (square feet) 32,000 16,000 10,000 7,0006,0003,5002,500 Minimum lot width 8O feet 8O feet 6O feet 5O feet 5O feet 3O feet 2O feet Minimum lot depth 100 feet 100 feet 8O feet 8O feet 8O feet 8O feet 5O feet Minimum front yard setback 2O feet 2O feet 15 feet 2O feet 10 feet 10 feet None L(2) L(2) Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Applies to subdivision > 2 acres: NRMU-12 (12 du/ac) density, dwelling units per acre Source: Denton Development Code Other Regulations Units, Acreage, and Ratio of Single- Family to Multifamily Housing Units as of 7/04 Single-family 20,578 housing units Acres 6,277.25 Multifamily 16,924 housing units Acres 948.99 Total housing 37,502 units Total Acres 7,226.24 Ratio 55:45 Source: City of Denton Planning Depadment and US Census, 2000 Acres Needed to Accommodate Single- Family to Multifamily Ratios in 2020 19~636 19~088 18~518 17~924 80/20 75/25 70/30 Single Family to Multifamily Ratio Source: City of Denton Planning Depadment 65~35 Actions City Can Take to Affect Single- Family to Multifamily Ratio Increase citywide average densities for single- family and multi-family developments Work with Universities to increase on-campus housing Place Moratorium on multifamily development Housing affordability (Increase design standards and construction costs) ...Others Average Multifamily Gross Occupancy for Denton and Other Cities East Piano Allen/McKinne City of Dallas Dallas Area tstQ2002 2ndQ2002 4thQ2002 2ndQ2003 2ndQ2003 4thQ2003 tstQ2004 2ndQ2004 (°14 (°14 (°14 (°14 (°14 (%) (°14 (°14 Source: M/PF Research, Inc. M/PF Research offers apadment investors, developers, owners and lenders the largest database of accurate and timely apadment market inforrnation in the industry, and emphasizes knowledgeable analysis that translates raw market statistics into business strategies. Multifamily Developments Completed, April 2000 to August 2004 No.I Address I Name of Complex Year end total 754 2 1118 Collins St12- fourplex 3 3900 Montecito#1005-1008 Good Samaritan Socieiy (2- duplexes) 4 111 Sawyer Denton Affordable housing 5 3908&10,3816&18,3912&14 Stuart Abbolt Constru orion Year end total 43 1 1310 Scripture St Oily Parc Apts 136 2 2601 W. St Oak Street Apts 180 5 3500 Quail CreekQuail Creek Apts (Bid gs 1-11) 4 3 Edwards Rd The Timbers of Denton (bldg 140) 48 4 3900 Montecito #1011-1014 Good Samaritan S ocieiv (2- duplexes) Subtotal 928 Average Multifamily Gross Rent for Denton and Denton County Cities Dallas Area Agricultural Zoning = 23.43 sq mi (15,000 ac) 34% of incorporated city City of Denton = 69.1 sq mi (44,224 ac) Source: Cityof Denton Planning Depadment NR-4 Zoning = 2 sq mi (1,274 ac) NR-6 Zoning = 1.4 sq mi (904) ac NRMU-12 Zoning = 0.7 sq mi (468 ac) NRMU Zoning = 0.7 sq mi (445 ac) Source: Cityof Denton Planning Depadment From Ag to NR-4 to NRMU - 2002 LEGEND NR-4 Zoning = 7.78 sq mi (4,984 ac) 11% of incorporated city City of Denton = 69.5 sq mi (44,480 ac) Source: Cityof Denton Planning Depadment LEG[NID Existing NR-4 Zoning 2004 NR-4 Zoning = 7.78 sq mi (4,984 ac) 11% of incorporated city NR-6 Zoning = 2.43 sq mi (1,556 ac) 3.5% of incorporated city City of Denton = 69.5 sq mi (44,480 ac) Existing NR-4, NR-6 Zoning 2004 LEGCNID Source: Cityof Denton Planning Depadment Existing NR-4, NR-6, NRMU-12 Zoning 2004 LEGEND ' NR-4 Zoning = 7.78 sq mi (4,984 ac) 11% of incorporated city NR-6 Zoning = 2.43 sq mi (1,556 ac) 3.5% of incorporated city NRMU-12 Zoning = 1.66 sq mi (1,062 ac) 2.4% of incorporated city City of Denton = 69.5 sq mi (44,480 ac) Source: Cityof Denton Planning Depadment Existing NR-4, NR-6, NRMU-12, & NRMU Zoning 2004 NR-4 Zoning = 7.78 sq mi (4,984 ac) 11% of incorporated city NR-6 Zoning = 2.43 sq mi (1,556 ac) 3.5% of incorporated city NRMU-12 Zoning = 1.66 sq mi (1,062 ac) 2.4% of incorporated city NRMU Zoning = 1.93 sq mi (1,235 ac) 2.8% of incorporated city TOTAL: All Zoning NR-4 to NRMU= 13.8 sq mi (8,837 ac) 20% of City ~ Source: Cityof Denton Planning Depadment NR-4 Zoning = 3.4sq mi (2,171 ac) 43% of all NR-4 Zoning 4.8% of City Area NR-6 Zoning = 1.71 sq mi (1,095 ac) 70% of all NR-6 Zoning 2.4% of City Area NRMU-12 Zoning = 1.03 sq mi (660 ac) 62% of all NRMU-12 Zoning 1.5% of City Area NRMU Zoning = .94 sq mi (600 ac) 49% of all NRMU Zoning 1.4% of City Area Existing Undeveloped NR-4 to NRMU Zoning 2004 LEGEND TOTAL: Undeveloped Zoning NR-4 to NRMU = 7.07 sq mi (4,526 ac) 10.2% of City ~ Source: Cityof Denton Planning Depadment District Acres Sq mi % of city DR-2 584.7 0.91 1.32% DC-N 36.5 0.06 0.08% DC-G 1452.18 2.27 3.28% CM-G* 1078.9 1.69 2.43% CM-E* 231.2 0.36 0.52% RCR-1 677.9 1.06 1.53% RCR-2 47.1 0.07 0.11% RCC-N* 1083.5 1.69 2.45% RCC-D* 1347.7 2.11 3.05% TOTAL: Zoning Other = 10.2 sq mi (6,539.6 ac) 14.79% of City *Limited to second floor mixed use on collectors and arterial streets Source: Cityof Denton Planning Depadment Other Zoning Districts Allowing Multifamily Use TOTAL: Undeveloped Zoning Other = 3.31 sq mi (2,115 ac) 4.78% of City *Limited to second floor mixed use on collectors and arterial streets Source: Cityof Denton Planning Depadment Other Zoning Districts Allowing Multifamily Use (Undeveloped) LEGENI~ DESIGN Features in Denton Subdivisions Values > $160,000 Design Features Neighborhood/Subdivision Intemon nectivity ® Proximity to Park, Trails, Open Space ® · · O · · Proximit~ to School and Other Public Facilities ® o · · · · Proximity to WatedLake Clubhouse, Pool, other o · · o · · Proximit~ to Cross Timbers/Treed Lots O O O O O O Proximity to Maior Streels and Arterials · · · ® ® · Architectural Features/Site Design Elem enls [dom~ers, sidewalks, porches, high entranceways, fountains ~) · · · · · ~lumns, gated, fmntyard setbacks, etc) Construction Materials: brick, slone, stucco, Proximity to Mult~ami~ Development, Mobile o o · ® · · Home Park and/or other less desi~ble land use~ Other Features Custom Homebuilder o o o · © © Lot Size 1%001 sf 21,780sf ® ® o ® 21,781 sf 1 acm O O ® O O O > 1 acre O O O · O O House Size <3,000 sf ® · ® NI ® O 3,001 sf 4,000sf ®O ® NI ® ® >4,000 sf O O O NI ® ® Sales Price $160,000 $250,000 ® ® ® NI ® · o $25o,OOl $350,000 o ® ® NI ® >$350,000 O O O NI o o Yes/Common Mix O No/Uncommon NI Infom~ation Not Available NorthPointe · $100,476 - $188,500 Assessed Value · $110,000 - $160,000 Current Sales Prices · 7,000 st- 16,500 st Lots · 1,500 st- 3,100 st Homes · Proximity to UNT Research Park · Access to US 77 and Loop 288 · Sidewalks, Porches, Front-Facing Garages, Low-Pitch Roots · Brick and Stone Country Lakes · $110,100 - $182,000 Assessed Value · $130,000 - $300,000' Sales Prices · 5,500 st- 11,000 st Lots · 2,057 st- 3,000 st Homes · Private Clubhouse and Pool · Access to 135W, Robson Ranch and Fort Worth Drive · Small Porches, Varied Root Pitch, Front Facing Garages, Sidewalks · Brick, Stone, Hardiplank Siding *May reflect sales price of homes not yet built or those located in Argyle. The Preserve · $115,400 - $362,368 Appraised Value · $153,000 - $345,000 Sales Prices · 5,500 sf- 1 acre Lots · 1,835 sf- 4,000 sf Homes · Access by Lakeview Bird to other subdivisions · Proximity to Denton Rail Trail and Private Hike/Bike Trails · Private Open Space · Proximity to Pecan Creek Elementary · Private Amenity Center and Pool · Access to Lakeview, 135E and Shady Oaks · Sidewalks, Porches, Street Trees, Front- Entry and Swing Garages · Brick and Stone · Proximity to Sherwood Mobile Home Park Ranch Estates · $106,777 - $500,000 Appraised Value · 1 - 5 acre Lots · Proximity to Rayzor Elementary · Some Treed Lots/Primarily Grassy Ranch Lots · Access to US380 and 135 · Varied Housing Types: Some pre-1980 Construction--Ranch Style with Low Rooflines, New Construction--gables; Rear and Side-Entry Garages; No Sidewalks · Proximity to Railroad Line Robinson Oaks · $166,000 - $270,000 Sales Prices · 1,439 sf-4,131 sf Homes · Private Park and Playground Facility · Private Amenity Center and Pool · Proximity to Sam Houston Elementary, Ryan Elementary, Hickory Creek Elementary and Guyer High School · Access to Robinson Road and Teasley Lane · Sidewalks, Porches, Front-Entry and Swing Garages, Dormers, Two-story · Brick and Stone · Proximity to Lakewood Estates Trailer Park Wheeler Ridge · $106,360 - $175,000 Appraised Value · $114,490 - $178,500 Sales Prices · 7,000 sf- 11,500 sf Lots · 3,591 sf-4,175sf Homes · Private Open Space · Private Amenity Center, Pool and Pond · Proximity to Sam Houston Elementary, Ryan Elementary, McNair Elementary and Guyer High School · Access to Robinson and Teasley · Sidewalks, Street Trees, Uniform Frontyard Setbacks, Fully Sodded Yards, Front-Entry Garages · Brick and Stone · Proximity to Lakewood Estates Trailer Park VALUE 2004 Number and Value of Single-Family Residential Units in Denton and Other Denton County Cities 2004 Total Number of Single-Family Residential Units by Appraised Value $1 to $14,999 196 21 26 25 43 95 $15,000 to $29,999 485 19 6 42 12 124 $30,000 to $59,999 1,897 28 44 140 40 446 $60,000 to $119,999 8,706 99 843 985 139 5,374 $120,000 to $199,999 7,405 184 3,691 7,423 1,896 10,471 $200,000 to $399,999 1,463 326 1,122 9,067 2,233 815 $400,000 to $749,999 109 51 10 1,176 317 10 $750,000 and Above 3 6 87 28 Total 20,264 735 5,743 18,946 4,708 17,335 2004 Total Value of Single-Family Residential Units by Appraised Value $1 to $14,999 $763,039 $82,301 $3,871 $107,433 $29,772 $491,306 $15,000 to $29,999 $11,790,108 $417,066 $160,111 $1,004,810 $272,426 $2,966,175 $30,000 to $59,999 $87,450,102 $1,278,565 $2,050,953 $6,693,166 $1,838,699$21,082,746 $60,000 to $119,999 $809,343,444$9,159,207 $91,438,411 $101,280,159 $14,318,766 $537,555,706 $120,000to$199,999 $1,109,214,410 $29,956,800$574,849,335 $1,190,027,363 $313,936,139 $1,577,962,507 $200,000to$399,999 $373,186,683$86,978,523$276,853,084 $2,358,060,019 $584,026,198 $180,085,741 $400,000 to $749,999 $51,568,531 $26,543,280$4,529,137 $588,448,483 $158,519,406 $5,517,248 $750,000 and Above $2,677,396 $4,954,019 $941,033 $98,140,562$26,053,242 Total $2,445,993,713 $159,369,761 $950,825,935 $4,343,761,995 $1,098,994,648 $2,325,661,429 Source: Denton Central Appraisal District, 2004 Average Permit Value and Average Assessed Value Building Permit Valuation by City part I ~!v~!~!~ v~!~ T~!'¢~!~~ v~!~ T~!V~ Year 2004 Calcula~d Value/sq.E. 72.91 45 Build ers Valuation Average I Srmrce: Permit Data, US Bm'eau r~f Census; Referenced Citx Building Deparnnenrs 2004 Average Appraised Value Single- Family Residential Units Denton and Other Denton County Cities Source: Denton Central Appraisal District, 2004 Geographic Distribution of Assessed Values Single-Family Units Legend SO - S160,000 ~ S160,001-S200,000 ~ >S200,001 Source: Denton Central Appraisal District, 2004 Factors Influencing Housing Values · Regulations · Land Availability · Proximity to Employment · Access to Employment · Access to Transportation · Availability of Infrastructure · Access or Proximity to Open Space · Amenities · Proximity to Schools · Adjacent Land Uses · ...Others FUTURE GROWTH AND DEVELOPMENT Potential Growth Areas City of Denton Growth Areas Within Future Land Use Plan (Adopted 1999) September 2004 Source: Cityof Denton Planning Depadment DNT North of US 380 Project Overview Initial planning is underway for an extension of the Dallas North Tollway from US 380, north to the Grayson County line. · The Length of this extension would be approximately 13.5 miles. · No financial commitments have been made on this project. Collin County is planning to build a two-lane roadway on the alignment from US 380 to FM 428. · North of FM 428, work is ongoing to determine the final alignment. North Texas Tollway Authority Major Project Plan Map July 2004 Description: Potential 13.5-mile extension of the Dallas North Tollway. Status: Under Study / Lewisville Lake Toll Bridge Project Overview The NTTA is working cooperatively with Denton County, TxDOT, Little Elm and Frisco to plan and design a toll bridge across the northeastern arm of Lewisville Lake. The 2-mile toll bridge will connect Swisher Road and Eldorado Parkway and Garza Lane. The conceptual design of the project includes eight sections that total 13 miles. · The NTTA will fund and construct the bridge. · Communities along the corridor, Denton County, and TxDOT will fund improvements to the roadways approaching the bridge. North Texas Tollway Authority Major Project Plan Map July 2004 Description: Two-lane, two-mile toll bridge across Lewisville Lake connecting Swisher Road in Lake Dallas and Garza Lane in Little Elm. The entire corridor is approximately 13 miles in length. Status: Under Study Source: · North Dallas Tollway will eventually connect to 1-35 north of the Dallas/Fort Worth area. · Alternatives were developed in 2002 for possible alignments through Denton County south of Lake Ray Roberts. · No consensus was developed on final alignment · Future alignment will be addressed in the 2007 update of the NTTA 2030 mobility plan. North Texas Tollway Authority Possible Routes to 1-35 Through Denton County Source: Factors Impacting Development of Higher Value Single-Family Housing Location to employment centers Location to D/FW Airport Proximity to high-paying jobs Infrastructure and road network School District Market conditions Impact of Development Code Design Standards on Single-Family Homes Development Code's impact on single- family development cannot currently be fully quantified and assessed. ¢' To date, only 50 single-family units have been constructed since Development Code was adopted in February 2002. ¢' Most single-family units currently under construction were approved under previous development regulations. Regulatory Options · Development v' Require Planned Developments (PDs) v' Downzone v' Increase Project Review Fees v' Set Maximum Number of Units in Multifamily Developments v' Require Capacity Analysis for Zoning Requests v' Require Site Plan/Subdivision Plans v' Create Architectural Review Committee Regulatory Options (cont.) · Subdivision Desiqn Elements / Open Space Requirement Minimum Lot Width Wider Right-of-Way Wider Sidewalks Require Trail System (linked to Master Plan) Require Alleys for Lots less than 50' wide Conservation Design Require Recreational Facilities Protect On-Street Parking Minimize Driveway/Sidewalk Conflicts Fence Details Regulatory Options (cont.) Buildinq Standards / Green Building / Increased Energy Standards / Higher Minimum Living Area Square Footage / Minimum Masonry Requirement / Fa(;ade Designs /Useable Storage / Porches /"Entry" Dominated House Design / Hurricane Clips/Safe Rooms / Multiple-pane Windows / Detached Garages Regulatory Options (cont.) · Buildinq Standards (cont.) ,,~ Architectural Details · 3-D Detailing of Walls · Shutters · Entry and Door · Window · Dormer · Columns, Rake and Cornice · Garage Design and Orientation · Roof Pitch AGENDA INFORMATION SHEET AGENDA DATE: October 13, 2004 DEPARTMENT: ACM: Police Jon Fortune SUBJECT: Receive a report, hold a discussion, and give staff direction regarding proposed ordinances, procedures and programs related to property appearance and Code Enforcement. BACKGROUND: On July 20, 2004, staff presented a comprehensive review of the ordinances, procedures and programs related to property appearance and Code Enforcement. The presentation contained many issues that have been the subject of growing concern and interest within the community. Other issues, specifically the enforcement process, have been recognized by staff as hindrances to the efficient and effective achievement of compliance with current property appearance standards. Staff was requested to prepare a matrix of the issues and return for further direction. Along with the matrix, members of the Code Enforcement and Legal staff drafted new ordinances and revisions to current ordinances that would, in staff's opinion, effectively address these issues. The proposed ordinances were developed after a review of existing ordinances throughout the North Texas area. They are submitted as a reference for Council while considering what, if any, legislative action should be taken. This packet includes the following: Appendix A - Matrix of Issues. The matrix includes a list of proposed changes to address each of the issues; the perceived positive and negative aspects of each proposed change; and the required action to implement each change. Each issue is numbered and the following information about each issue corresponds with the numbering in the matrix. The issues are generally organized in the order in which they appear in the proposed ordinances and the order of the appendices. Ordinance section numbers are listed in the "Required Action" field for ease of reference. Appendix B - Proposed Nuisance Ordinances. Staff drafted new ordinances and ordinance revisions that would be needed to implement most of the proposed changes. Flow charts of the current and proposed enforcement processes are located at the end of the proposed nuisance ordinances. Appendix C - Graffiti Ordinance. Members of the Police and Legal Departments have prepared ordinances to address graffiti and its efficient abatement. It is included in this packet because of the adverse impact of graffiti on property appearance. Appendix D - Lighting Standards. The Planning Department prepared an ordinance regulating outdoor lighting. It was developed in response to complaints about the adverse impact outdoor lighting can have on adjacent properties, especially when commercial development is adjacent to residential neighborhoods. This is an un-reviewed staff draft and is included for Council information as part of this comprehensive review of related issues. Appendix E -Agenda Information Sheet, July 20, 2004. The report from the previous presentation is included to provide Council with greater detailed information if needed. The following information provides greater detail about each issue listed in the matrix. Photographs have been included where appropriate to illustrate the property condition that the proposed action is designed to address. More Detailed Definition of Junked Vehicles. The current ordinance provides a definition of junked vehicles, but does not address numerous situations related to vehicles and vehicle parts that are the subject of frequent complaints and detract from the appearance of neighborhoods. The proposed ordinance would provide a definition of inoperable motor vehicle that expressly includes one or more flat tires and a definition of an inoperable vehicle that includes vehicles without motors, trailers, campers, camper shells, and wheeled towing frames that are not in operating condition. (Section 20-41) Reduce Definition of Junked Vehicle to 30 Days. The definition of a junked vehicle in the current ordinance mirrored state law. One of the criteria for a junked vehicle is that it has remained inoperable for a continuous period of more than forty-five days. State law was recently revised to reduce the period that a vehicle is inoperable to thirty days and the proposed ordinance simply mirrors that revision. This proposed change would facilitate more efficient enforcement. (Section 20-41(b)(2)(b)) Prohibit Screening of Junked Vehicles. screening of junked vehicles by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Overtime, this has evolved to allow for the use of car covers and tarps that wear out or tear or do not cover the vehicle completely. The proposed The current ordinance allows for the ordinance would require owners to screen inoperable vehicles from public view by means of a solid opaque fence or by enclosing them in a building. It expressly states that "in no case shall any cover placed over a vehicle constitute adequate screening." Additionally, owners will be prohibited from maintaining more than two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property. (Section 20-47) "Owner" Includes "Tenant". Currently, enforcement action can only be taken against the owner of a property. Therefore, tenants who are usually responsible for mowing and are normally the source of violations involving trash and debris and junked vehicles cannot be prosecuted nor can they be charged for City- incurred costs of abating violations. This proposed change would allow for the prosecution of tenants in such cases, which would lead to increased compliance. (Section 20-71) Low-Hanging Tree Limbs. Currently, there is no ordinance requiring property owners to maintain the limbs of their trees in a manner that prevents them from becoming a hazard for passing motorists and pedestrians, or a view obstruction at intersections. The proposed ordinance would expressly require owners to maintain tree limbs at a height of 12 feet above the alley or street pavement and seven feet above the sidewalk and other rights-of-way. (Section 20- 72(c )) Mow Entire Property If Under 20 Acres. The current ordinance prohibits grass and weeds that are over 12 inches high. However, if a parcel of land is over two acres, the owner is only required to mow 100 feet from an adjacent property. The proposed ordinance would require any parcel of property under 20 acres to be mowed in its entirety. (Section 20-72(b)) Mow 100 Feet From Adjacent Property If Over 20 Acres. The current ordinance allows for mowing only 100 feet from an adjacent property if the parcel is over two acres. The proposed ordinance would allow for mowing only 100 feet from an adjacent property if the parcel is over 20 acres. (Section 20-72(b)) Require Mowing of Right-of-Way and Alleyways. While property owners are responsible for maintaining the right-of- way and alleyways of their property, it is not uncommon for owners to refuse to mow these areas, citing that use of that land is controlled by the City. The proposed ordinance clarifies this responsibility and expressly requires such maintenance. (Section 20-91(b)&(c)) More Detailed Definition of Trash and Debris. The current ordinance provides an inadequate definition of trash and debris that has been deemed vague during prosecution. Additionally, violators do not always consider their property to be trash or debris and will often refer directly to the current ordinance to show that the items in question are not included in the definition of trash and debris. The proposed ordinance contains an extremely detailed list of items that names most every item that could be considered trash and debris which would assist in the successful prosecution of such cases. (Section 20-71) 10. Violations Visible From Another's Property. The current ordinance requires , that, to be a violation, trash and debris ~' must be visible from the public right-of- way. This provision of the law significantly hinders enforcement and prosecution of these cases as there are numerous locations where significant trash and debris is maintained on property in locations that cannot be seen from the public right-of-way, but is clearly visible from adjacent property. Additionally, some property owners work to screen the trash and debris from public view once they are notified of a violation. The proposed ordinance only requires that the trash and debris be visible from another's property rather than from the public right-of-way. (Section 20-111) 11. Declare Stagnant Water a Nuisance. Stagnant water presents an unsanitary appearance, with accompanying odor, and community concern has increased with the emergence of West Nile Virus. The current laws mandating the elimination of stagnant water require that the water contain a specific species of mosquito which requires testing and may not always be present. The proposed ordinance declares stagnant water a nuisance and provides an enforcement tool to require the abatement of such conditions like any other nuisance. (Section 20-71) 12. Require Correction of Conditions Resulting in Stagnant Water. With the exception of swimming pools, there is no ordinance under which property owners can be required to correct conditions that result in stagnant water unless it meets the criteria of State law. The proposed ordinance would require such correction, including the filling, draining or grading of the property or the disposal of trash and debris that collects and retains water. (Section 20-111) 13. Fence Maintenance Requirements. Currently, there is no ordinance requiring a property owner to maintain a fence. The only avenue of redress is to wait for the fence to fall down and then treat it as trash and debris. The proposed ordinance would prohibit owners or occupants to maintain a fence that is leaning or that has broken, loose, damage, removed or missing parts. It also requires that the fence be repaired using materials comparable to the original fence that is being repaired. (Section 20-114) 14. Reduce the Time Required in the Enforcement Process. The current process is lengthy and requires numerous notifications before the City can initiate abatement or take other enforcement action (see Appendix D, page 3). The proposed process would require an initial notification with re-inspection in seven days; if unabated, a second notification and re-inspection in ten days; and, if unabated, City-initiated corrective action. Additionally, the City would be able to initiate corrective action if a violation was observed within the following twelve months with no notification to the owner. (Section 20-132 - 20-134; See also flow charts at end of Appendix A) 15. Revise Appeal Hearing Process. The current ordinance provides a violator an appeal process when the City has abated a violation and invoiced the property owner accordingly. The appeal is heard by the City Council. The proposed ordinance assigns the responsibility of hearing an appeal to the City Manager or his designee. This should provide a more efficient process for the appellant. (Section 20-134(d)) 16. Dangerous Weeds Provision. The current ordinance requires that a lengthy process of notification to the owner be followed regardless of the height of the grass and weeds. Extremely high grass and weeds present a significant health hazard to adjacent residents with the resulting snakes and rats that routinely emerge from such overgrown lots into adjacent yards. The proposed ordinance would allow the City to abate a violation without notice to the owner for grass and weeds that are over 48 inches high and are an immediate danger to the health, life, or safety of any person. (Section 20-135) 17. Garage Sale Permits. The proposed ordinance would require a person to obtain a garage sale permit prior to conducting the sale. The permit would enable the City to monitor sales to ensure that garage sales are being held for the purpose intended; that they are infrequent and do not create a nuisance for a neighborhood; and provide information with which to locate individuals who display sale signs illegally or fail to remove them in a timely manner. (Section 20- 152) 18. Limit on Garage Sale Signage. The proposed ordinance would allow only two signs on the premises where the sale is being held; limit the display of garage sale signs to the period of time between 6:00 a.m. on Friday to 8:00 a.m. on the following Monday; and limit the size of the sign to six square feet. (Section 20- 19. Prohibit Parking on Lawns - Currently, there is no ordinance that prohibits vehicles from parking on unimproved surfaces. This is a source of complaints regarding the appearance of private properties. The proposed ordinance would prohibit individuals from parking vehicles an unimproved surface. (Section 20-165(a)) 20. Prohibit On-Street Parking of Recreational Vehicles. There is no ordinance that prohibits recreational vehicles, including RV's, travel trailers, boats and campers, from parking on the street. These vehicles detract from the overall appearance of a street, create traffic congestion, and obstruct the view of passing motorists. The proposed ordinance would prohibit individuals from parking such recreational vehicles on public streets. It further prohibits parking vehicles in excess of eight feet six inches in width or 40 feet in length in any residential district. (Section 20-165(a)) 21. Limit the Number of Cars for Sale. There is no ordinance that prohibits individuals from parking used cars for sale on privately owned parking lots or open spaces. These vehicles are often parked on the property without the property owner's knowledge. Additionally, most cars for sale are parked along major thoroughfares, considered gateways to the city, and significantly detract from the appearance of those areas. The proposed ordinance would limit to one the number of used cars that could be placed for sale on private property. While we do not believe that private property owners can be totally prohibited from parking cars for sale on their private parking lots, such activities have been limited through similar restrictions of location that apply to itinerant merchants, specifically that such vehicles must be parked at least 100 feet from the edge of the right-of-way or easement. In many locations, this requirement would place the vehicle either in the middle of a traffic aisle or so far from the adjacent thoroughfare that it would defeat the purpose of placing the vehicle there. The ordinance does not apply to legitimate used car sales businesses. (Section 20-163) 22. Graffiti Abatement. Graffiti serves to significantly detract from the appearance of an area and, if left unabated, generally results in the proliferation of more graffiti at that location. The Police Department, in a cooperative effort with other City departments, has expended considerable effort in both the investigation of graffiti, the subsequent arrests of graffiti suspects, and the abatement of graffiti on public property. However, the Department has been less successful in its efforts to encourage owners to abate graffiti on private property even when offered assistance, including funding, to perform such abatement. Citizens generally believe that the cost, both in time and money, to abate graffiti is wasted because it will only return. However, studies have shown that, on average, graffiti that is abated within three days of its appearance on three consecutive incidents will not return. The proposed graffiti ordinance would require owners to abate graffiti on their property within fourteen days of notification that the graffiti exists. If left unabated, the City would be authorized to clean the graffiti and recoup the costs of the abatement using a similar process as that provided for the abatement of other nuisance offenses. Another strategy to abate graffiti is to limit the opportunities for individuals to engage in graffiti activities. The ordinance contains provisions that prohibit juveniles from possessing graffiti implements on designated properties that are popular targets, including public facilities, transportation vehicles, parks, playgrounds, swimming pools, recreation facilities owned by the city or while in or within fifty feet of an underpass bridge abutment, storm drain, or similar type of infrastructure. Further, a civil process is included to gain restitution for the cleaning of graffiti or damage caused by graffiti. Because a significant percentage of graffiti suspects are juveniles, the ordinance holds parents responsible for graffiti acts of their children if they knowingly permit or by insufficient control allows their child to apply graffiti. (Appendix C (Section 21, Article III)) 23. Rental Inspection Program. The purpose of a rental inspection program is to ensure that the structure is safe for occupancy and to encourage, facilitate and mandate proper maintenance, inspections would be performed by certified Building Inspectors and would include minimum structural standards related to plumbing and sewage disposal, electrical wiring, foundation and window screens, and those standards related to unsanitary conditions such as the presence of vermine or insects. The inspection schedule could be annual or upon re-leasing and could include single-family housing, multi-family housing, or both. The implementation of this program is projected to require three to six additional inspectors. A more detailed discussion is planned for a future meeting. 24. Substandard Housing. Substandard housing is identified by the Building Official. Currently, there is no funding allocated for the removal of substandard housing and CDBG funds are used for the removal of such structures. However, CDBG funds cannot be used if the house is occupied and there has been an overwhelming reluctance to force individuals from their homes in order to remove the structure. Staff recommends that a comprehensive program to address substandard housing be developed in a cooperative effort between all departments of interest, including Code Enforcement and Building inspections. Such a program would require funding in lieu of, or in addition to, CDBG funds to eliminate restrictions that currently hinder the removal of such structures. Such a coordinated effort, sufficiently funded program would provide an opportunity to significantly improve the appearance of neighborhoods throughout the City. 25. Lighting Standards and Restrictions. Outdoor lighting serves a variety of purposes, including increasing safety and security, enhancing the character of an area, attracting business, and directing pedestrian and vehicular traffic. However, light that is extremely powerful or improperly placed can result in hazardous glare and the interference with others if it spills onto adjacent properties. Additionally, lighting can be a significant source of wasted energy. The City has received citizen complaints regarding outdoor lighting. In response, staff drafted an ordinance for the Development Code that would set criteria for the provision of lighting in public places where safety and security are concerns; for the control of disabling glare from non-vehicular light sources that interfere with the safe traverse of drivers and pedestrians; for the protection of neighboring properties from nuisance glare and stray light originating from poorly designed, aimed, shielded or applied light sources; and for the promotion of an efficient design and operation with regard to energy conservation. The intent is to employ a complaint-driven enforcement philosophy if the ordinance were adopted. However, if adopted, decisions would have to be made regarding which department would be responsible for its enforcement and funding would have to be allocated to provide for the purchase of light meters and training on those meters. Should direction be given to pursue adoption of the ordinance, staff can provide greater details regarding costs at that time. (See Appendix D) 26. Code Ranger Program. Ft. Worth's Code Ranger Program is a coordinated volunteer effort to increase the resources allocated toward traditional code enforcement issues. Volunteers are required to be members of an existing neighborhood group and are limited to actively patrolling that neighborhood. They make no contact with the resident or owner of a property found in violation, but do provide the initial notification of a violation to the owner through a written letter prepared by the designated Code Ranger and perform the re-inspection of the property. If the violation is not abated, the Code Ranger refers it to the Code Enforcement Department for enforcement action. Additional information was provided in the July 20, 2004 Agenda Information Sheet. (Appendix E, page 9) Since the presentation on July 20, 2004, the Code Enforcement staff has attended most of the scheduled neighborhood group meetings to explain the Code Ranger program and to solicit interest from the groups. The only group to date that has expressed interest is the Denia Neighborhood Association. Code Enforcement plans to launch a pilot program with the Denia group and, if successful, proceed with expansion to other areas as interest is identified. An informational meeting is tentatively scheduled for October with certification classes administered soon afterward. 27. Mowing/Litter/Right-of-Way Crew. Code Enforcement frequently faces situations where trash and debris is located on undeveloped land and along major city streets and highways. Voluntary owner compliance is rare, leaving the City to clear the trash and debris through employing the City contractor, using Code Enforcement employees, or using citizen volunteers. Additionally, there is no one City department responsible for clearing trash and debris or mowing rights-of- ways. In January 1987, a litter crew was established in the Solid Waste Department. It consisted of two full-time employees who cleared litter from the major City streets. Funding was not renewed in the 1998-99 budget because Keep Denton Beautiful (KDB) had amassed a sufficient number of volunteers working Adopt- a-Spots. However, in the Fall of 1999, the Texas Department of Transportation (TX DOT) notified KDB that volunteers and probationers could no longer be used to clean state-controlled roadways. There is neither sufficient funding nor sufficient staffing to adequately clean these areas on a consistent basis. Staff recommends serious consideration be given to the allocation of funding for a litter and/or mowing crew. This crew would provide sufficient staffing to clean 28. 29. 30. properties in a more efficient and effective manner than is currently achieved. Additionally, the City of Lewisville reportedly pays TX DOT to mow the right- of-way and medians along 1-35 more often than the normal mowing schedule allows. If given direction to pursue this strategy, staff can prepare a formal budget request for submission in the 2005-06 budget. Livability Court. Cases related to nuisance ordinance violations are currently conducted in Municipal Court. Some jurisdictions have created special environmental or nuisance courts to hear Code Enforcement cases. These courts are established on the premise that the provision of a separate court with a separate judge gives such cases the emphasis and attention they deserve rather than having them lost among other, more serious, offenses. If directed to pursue this strategy, staff can conduct more thorough research and provide a formal recommendation, including costs, at a later time. Increased Administrative Fees. The current administrative fee is set at $80.00 and is charged to the violator when the City initiates abatement procedures in addition to the actual contractor fees that are set by competitive bid. The fee is designed to recover the costs of processing a case, from the initial complaint or observance to through invoicing of the owner for the abatement costs, including staff time, equipment and materials. The current fee is one of the lowest in the region and staff recommends increasing the fee to $125.00. Additionally, the fee is currently set in the ordinance itself. The proposed revision would provide for the setting of the fee through a separate ordinance as most fees are so that any future increases would not result in a change in the ordinance itself. (Section 20-134(b)) Probation for First Offenders. Traditionally, Code Enforcement has almost exclusively employed the strategy of initiating the abatement of violations and invoicing owners for the costs of abatement. Recently, Code Enforcement began issuing citations when appropriate in an effort to increase owner-initiated abatement and reduce the cost to the City. If the proposed ordinance defining a tenant as the "owner" is adopted, additional opportunities to issue citations in lieu of abating violations will be available. Past experience indicates that owners are more inclined to abate violations when they face a Municipal Court hearing and often do so prior to the trial. In those instances, providing first offenders with a one-year probationary period could effectively deter subsequent violations because, if a subsequent violation were observed on the property, the violator would not only be subject to a fine for the new violation, but would be required to pay a fine for the initial probated offense as well. This proposal requires only an agreement and cooperative effort between Code Enforcement and the Municipal Prosecutor with approval from the Municipal Judge. These proposed changes are submitted for Council consideration as examples of ordinances, processes and programs that are considered to be viable alternatives to those currently in place. These proposals have been developed from a review of ordinances, 10 processes and programs throughout the region and are believed to be the best alternatives toward an improved effectiveness and efficiency. The City is currently participating in the development of code enforcement performance measurements. The project is sponsored by the North Central Texas Council of Governments and will include twelve to eighteen area cities. Over the next 24 weeks, the committee will analyze enforcement processes and determine methods that work best in gaining compliance; identify the necessary resources to achieve a successful program, including staff and associated costs; and develop industry standards with which to measure the efficiency and effectiveness of a code enforcement unit. In addition to the traditional code enforcement issues of grass and weeds, trash and debris and junked vehicles, the committee will be examining most of the issues that are presented in this report, including parking on lawns, vehicles for sale, trash placed out too early, oversized vehicles parked in residential areas, lighting, swimming pools and stagnant water, tree trimming, bulky items, overflowing dumpsters, rental property inspections, substandard structures and graffiti abatement. The committee report is scheduled for completion on March 4, 2005. If the Council chose to adopt any or all of the proposed ordinance or processes at this time, a review of those ordinances and processes could be reviewed in comparison with the committee report and revisions could be made at that time accordingly and consistent with budget requests for 2005-06. Respectfully submitted, Charles Wiley 0 Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau 11 Z C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc APPENDIX B DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 20 BY AMENDING ARTICLE II TITLED "ABANDONED PROPERTY" BY CHANGING THE NAME OF ARTICLE II TO "JUNK VEHICLES" AND BY REPLACING SECTION 20-41 AND 20-47; BY DELETING ARTICLE III ENTITLED "GRASS AND WEEDS" IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE III TITLED "WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER"; CREATING ARTICLE IV ENTITLED "GARAGE SALES"; CREATING ARTICLE V ENTITLED "CERTAIN PARKING REGULATIONS"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article II titled "Abandoned Property" of Chapter 20 of the Code of Ordinances of the City of DeNon be amended by changing the title of Article II to "Junk Vehicles" and by amending Section 20-41 to read as follows: ARTICLE II. JUNK VEHICLES Sec. 20-41. Definitions. Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is not in operating condition because it is wrecked, dismamled, partially dismamled, dilapidated or has one or more flat tires. Inoperable vehicle means a vehicle without a motor, including but not limited to trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismamled, partially dismamled, dilapidated or has one or more flat tires. dunk vehicle means a vehicle that is self-propelled and: (a) Does not have lawfully attached to it: (1) An unexpired license plate; or (2) A valid motor vehicle inspection certificate; and (b) Is: (1) Wrecked, dismamled or partially dismamled, or discarded; or C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (2) Inoperable and has remained inoperable for more than: a. Forty-eight consecutive hours, if the vehicle is on public property; or bo Thirty consecutive days, if the vehicle is on private property; as defined in the Texas Transportation Code Annotated Section 683.071. SECTION 2. Section 20-47 of Article II titled "Junk Vehicles" of Chapter 20 of the Code of Ordinances of the City of DeNon be amended to read as follows: Sec. 20-47. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited. (a) An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way and/or is considered detrimemal to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maimenance and cominuing developmem of the city, and is declared to be a public nuisance. (b) It shall be unlawful for any person, owner, agem, occupam or anyone having supervision or comrol of any real property within the city to maimain a public nuisance as determined under this section. (c) It shall be unlawful for any person, owner, agem, occupam or anyone having supervision or comrol of any real property within the city to have more than two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property. (d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over a vehicle constitute adequate screening. (e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site. (f) It shall be construed that a vehicle that is not demonstrated to be operable upon request of the designated city official is an inoperable vehicle. (g) An inoperable motor vehicle that remains inoperable for more than 30 consecutive days becomes a junked vehicle. (h) Neither allegation nor evidence of a culpable memal state is required for the proof of an offense defined by this article. Page 2 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc SECTION 3. Article III titled "Grass and Weeds" of Chapter 20 of the Code of Ordinances of the City of DeNon be repealed in its emirety and replaced with a new Article III titled "Weeds and Grass and unsightly or Unsanitary Matter" which shall read as follows: ARTICLE iii. WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER DIVISION 1. GENERALLY Sec. 20-71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Brush means scrub vegetation or dense undergrowth. Carrion means the dead putrefying flesh of any animal, fowl or fish. Dump means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss. Filth means any matter in a putrescent state. Garbage means any kitchen refuse, foodstuffs or related materials, including all decayable waste. Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, may or could cause injury, death or disease to human beings. dunk means all worn-out, worthless or discarded material including, but not limited to, any of the following materials, or parts of such materials, or any combination thereofi new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not curremly in use; used lumber, brick, cemem block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as amique furniture; used and/or inoperative residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not curremly in use; used and/or inoperable vending machines, radios and/or televisions not currently in use, and any other type of used and/or inoperable machinery or equipmem not curremly in use. Matter means that of which any physical object is composed. Nuisance means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimemal to the public health; and shall include, but not be limited to, any abandoned wells, Page 3 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc shafts or basements, abandoned refrigerators, stagnant or unwholesome water, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, and objectionable, unsightly unsanitary matter of whatever nature. Objectionable, unsightly or unsanitary matter means any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities. Owner means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant. Property means all privately owned occupied or unoccupied property, including vacant land, and/or a building designed or used for residential, commercial, business, industrial or religious purposes. The term "property" shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property. Putrescible means the decomposition of organic matter with the formation of foul-smelling, incompletely oxidized products. Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials including, but not limited to, garbage, rubbish, paper or litter, and other decayable or nondecayable matter. Rubbish means junk, trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter. Trash and debris means all manner of refuse including, but not limited to mounds of dirt, piles of leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble, furniture other than furniture designed for outside use, useless household items and appliances, items of salvage, such as scrap metal and wood, old barrels, old tires, objects that hold water for an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter. l/egetative growth means any grass weeds, shrubs, trees, brush, bushes or vines. Weeds means any vegetation that, because of its height, is objectionable, unsightly or unsanitary, excluding: shrubs, bushes and trees, cultivated flowers and cultivated crops. Sec. 20-72. Weeds and brush over 12 inches high. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, to permit weeds, brush, grass or any objectionable or unsightly matter to grow to a greater height than 12 inches. All vegetation, not regularly cultivated, and which exceeds 12 inches in height, shall be presumed to be objectionable and unsightly matter. Page 4 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (b) It shall be unlawful for any owner or occupam of any property within the city to suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of the public street or alley adjacent to that private property. (c) It shall be unlawful for any owner or occupam of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than twelve (12) feet above the alley or public street pavemem or seven (7) feet above the sidewalk and other rights-of-way. (d) With respect to lots, tracts or parcels of land of twenty or more acres and under single ownership, the provisions of this section shall not apply to any area greater than 100 feet from any open public street or thoroughfare, as measured from the right-of-way line of such street or thoroughfare, and greater than 100 feet from any adjacem property under differem ownership and on which any building is located or on which any improvemem exists, as measured from the property line. (e) Property designated as and/or required by an ordinance to be maimained in its natural state shall be exempt from the provisions of this section. (f) Property included as part of a conservation easemem shall be exempt from these provisions. (g) Property that is part of a designated floodplain shall be exempt from these provisions. DIVISION 2. WEEDS, GRASS AND OTHER VEGETATION Sec. 20-91. Duties of owner/occupant. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or comrol of any real property, as described in Section 20-72, to fail to cut and remove all such weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with section 20-72. (b) It shall be unlawful for any person owning, claiming, occupying or having supervision or comrol of any real property, occupied, or unoccupied, within the city, to fail to keep the area adjacem to his or her property line, including the from or side parkway and rear, between the property line or sidewalk and curb and the rear or side parkway between the property line and alley pavemem or traveled way, or if there is no curb, then within ten feet outside such property line, free and clear of the matter referred to in subsection (a) of this section. Provided, however, that where the alleyway is not open to traffic, that the parkway in such cases shall be deemed to be between the property line and the cemerline of the alley. Specifically, sidewalks must have an unobstructed vertical clearance of eight feet and must be unobstructed within the width of the sidewalk. Road access shall be unobstructed as outlined in the fire code, as amended. (c) It shall be unlawful for any person owning, claiming occupying or having supervision or comrol of any such real property, as described in this section, to fail to Page 5 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \TempkAppendix B.doc maiNain all rights-of-way adjaceN or next to their real property in compliance with this section. All vegetative growth not regularly cultivated crops allowed to grow within the right-of-way of any public street or easemeN shall also be kept mowed in compliance with this section. Sec. 20-92. Defenses and responsibilities. It shall be a defense to prosecution under Article III that the vegetation is any of the following: (a) Agricultural crops, except grass and hay, unless subsection (b) stated below applies; (b) Hay that is grown for the specific purpose of cultivation and is a part of a predominaNly homogeneous plan population may be grown to any height provided it is located no closer than twenty (20) feet to an adjaceN property; (c) Cultivated trees; (d) Cultivated shrubs; (e) Flowers or other decorative ornamental plants under cultivation; or (f) Wildflowers, but only uNil such time as seeds have matured following the final blooming of the majority of the plans. DIVISION 3. UNSIGHTLY OR UNSANITARY MATTER Sec. 20-111. Dumping, stagnant water, trash, and other unsightly or unsanitary matter declared a nuisance. It is unlawful and declared a nuisance for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, to permit or allow any stagnaN or unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind to remain upon any such real property or within any public easemeN on or across such real property or upon any adjaceN public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins or that is visible from another's property. Sec. 20-112. Sidewalks, grounds and buildings to be kept clear. It shall be unlawful for any person owning, claiming, occupying or having supervision or coNrol of any real property, occupied or unoccupied, within the corporate limits of the city: (a) To fail to keep the sidewalks in froN of their property free and clear of all refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter; Page 6 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (b) To fail to fill up, drain or grade any of their lots, ground or yards which have stagnant water thereon; or (c) To fail to cleanse and disinfect any of their houses, of buildings or establishments or to fail to clean any of their lots, yards or grounds of refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of any kind, or other impure or unwholesome matter of any kind. Sec. 20-113. Dumping. It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped upon any sidewalk, alley, street, into or adjacent to water, or any other public or private property, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. Sec. 20-114. Maintenance of fences. It shall be unlawful for any owner or occupant of land to maintain a fence described as follows: (a) Such that any portion of the fence is more than 15 degrees out of vertical alignment. (b) Such that there are broken, loose, damaged, removed or missing parts (i.e. pickets, slats, posts wood rails, bricks, panels). Replacement or repair of fence shall be made with comparable materials of comparable composition, color, size, shape and quality of the original fence to which the repair is being made. Products manufactured for other uses including but not limited to plywood, corrugated steel, or fiberglass panels are prohibited as fencing material. (c) Braced by guy wires, braces or any other material that may be viewable from any public streets, rights-of-way, alleyways, or property and easements over which the city or the general public has dominion and control. (d) With symbols, writings, or graffiti on it, except those which are permitted as a sign under the Denton Development Code and the Code of Ordinances or which pertain to the address of the property. DIVISION 4. ABATEMENT PROCEDURE FOR WEEDS, GRASS, UNSIGHTLY AND UNSANITARY MATTER AND FENCES Sec. 20-131. Failure of owner to comply with article provisions; issuance of notice. If any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, fails to comply with the provisions of this article, it shall be the duty of the city manager or his duly appointed representative to give a minimum of seven days' written notice to such person violating the terms of this article. Page 7 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc Sec. 20-132. Service of notice. Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location. If the property is vacant, then the notice will be mailed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located and delivered by United States Mail. The property will be reinspected no sooner than after 7 days of the date on the notice. If the property is not in compliance at this time, then a second and final notice will be delivered to the owner as recorded in the appraisal district records. The notice shall be in writing and may be served on such person violating the terms of this article by: (1) Delivering it to him in person; (2) Mailing a written notice to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located and delivered by United States Certified Mail, return receipt requested. If the letter or written notice is returned by the United States Postal Service as refused or unclaimed, the validity of the notice is not affected, and the notice is considered as delivered; or (3) If personal service cannot be obtained, notice will be given by: a. Publication at least once in the city's official newspaper; b. Posting the notice on or near the front door of each building on the property to which the violation relates; or c. Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. Sec. 20-133. Contents of notice. In a notice provided under this article the city may inform the owner by regular mail and by posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take action permitted and assess expenses as provided by section 20-134. Sec. 20-134. City may correct violation. (a) Procedure. If at least ten (10) days has expired after final notice has been given in accordance with Section 20-132 and the owner has failed to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If during one (1) growing season, the property Page 8 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \TempkAppendix B.doc owner fails to correct a violation after notice has been given as provided in Section 20-132, the city may enter the property throughout the growing season as necessary to correct further violations without further notice to the owner and may assess the costs thereof as provided herein. (b) Owner assessed costs. A statement of the costs incurred by the city in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee established by the city council and on file in the office of the city secretary. The payment shall be due within thirty (30) days of the date of mailing. (c) Lien to secure costs. If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten (10) percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city. (d) Appeal of costs imposed Within fifteen (15) days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city manager or his designee by filing a written statement with the city manager or his designee, stating why the charges are unreasonable. The appeal shall be submitted to the city manager for his review within a reasonable time after filing. If the city manager or his designee finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. Sec. 20-135. Additional authority to abate dangerous weeds. (a) The city manager, or his duly appointed representative, may go upon property and do or cause to be done the work necessary to obtain compliance with section 20-72 without notice when: (1) Weeds have grown higher than 48 inches; and (2) Are an immediate danger to the health, life, or safety of any person. (b) No later than the tenth day after the date the city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by section 20-132. (c) The notice shall contain: (1) An identification, which is not required to be a legal description, of the property; (2) A description of the violations of the article that occurred on the property; Page 9 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (3) A statement that the city abated the weeds; (4) An itemized statemem of the charges incurred by the city in doing or in having such work done as necessary to bring the real property imo compliance with section 20-72; and (5) An explanation of the property owner's right to request an administrative hearing about the city's abatemem of the weeds. (d) The city manager or his designee shall conduct an administrative hearing on the abatement of the weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with environmental health services/code enforcemem division a written request for a hearing. (e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. (f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in this Article. SECTION 4. Article IV titled "Garage Sales" of Chapter 20 of the Code of Ordinances of the City of DeNon is hereby created and it shall read as follows: ARTICLE IV. GARAGE SALES Sec. 20-151. Definitions. Garage sale means the offering for sale of personal and/or household property belonging to or in the possession of the person conducting the sale. No property acquired solely for the purpose of resale shall be sold at a garage sale. Garage sales shall include yard sales, patio sales, sample sales, rummage sale, estate sales or any similar casual sale of tangible personal property, which is advertised by any means whereby the public at large is or can be made aware of such sale. Sec. 20-152. Garage sale permits. It shall be unlawful for a person to have a garage sale without first obtaining a permit to conduct the sale from the city. Permits will only be issued to individuals who are residems of the City of DeNon. The permit fee must be paid before a permit will be issued and the fee will be established by the city council and on file in the office of the city secretary. The permit must contain the name and address of the person conducting the sale. Sec. 20-153. Garage sale offenses. Page 10 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (a) It shall be unlawful to sell property at a garage sale if the property was acquired solely for the purpose of selling the property at the garage sale. (b) It shall be unlawful to fail to display the garage sale permit on the premises where the garage sale is located for the entire duration of the permit. (c) It shall be unlawful to conduct more than two garage sales or occasional sales at the same address in any calendar year. (d) It shall be unlawful for any garage sales or occasional sales to exceed three consecutive days in duration. (e) It shall be unlawful to have garage sales or occasional sales on a premise where a garage sale was held within the previous thirty days. (f) It shall be unlawful to display more than two signs on the premises where the garage sale or occasional sale is to be conducted. (g) It shall be unlawful to display any signs relating to a garage sale or occasional sale at any time other than between 6:00 a.m. on Friday and 8:00 a.m. on Monday. (h) It shall be unlawful to display a garage sale or occasional sale sign that exceeds six square feet in size. SECTION 5. Article V titled "Certain Parking Regulations" of Chapter 20 of the Code of Ordinances of the City of Demon is hereby created and it shall read as follows: ARTICLE V. CERTAIN PARKING VEHICLES Sec. 20-161. Parking of trucks and other commercial vehicles in residential districts. It shall be unlawful for any person to park any truck-tractor, road-tractor, semi-trailer, bus, truck or trailer with a rated carrying capacity in excess of one ton upon property within any area zoned as either a single-family, two-family or multiple-family dwelling district, according to the Demon Developmem Code and the Code of Ordinances of the city. It shall be a defense to prosecution under this provision if the parking or standing of the above described vehicles in such zoned areas is for the purpose of expeditiously loading and unloading passengers, freight or merchandise and provided the vehicle is moved immediately upon completion of the loading and unloading. Sec. 20-162. Parking for certain purposes. No person shall park a vehicle upon any street in the city for the purpose of: (1) Displaying such vehicle for sale; Page 11 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (2) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency; (3) Advertising or soliciting business; or (4) Selling merchandise from such vehicle. Sec. 20-163 Vehicles for Sale. (a) No person may have or allow more than one used vehicle for sale on private property. (b) No vehicle for sale may be on any right-of-way or easemem nor may any vehicle for sale be within 100 feet of the right-of-way or easemem. (c) Subsection (b) shall not apply if the vehicle for sale is parked on the improved portion of the residemial property. (c) This section shall not apply to any new or used car dealerships provided that the car dealership is in compliance with all state laws and city ordinances. Sec. 20-164. Parking not to obstruct traffic. (a) No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway free for the movement of vehicular traffic. (b) No person shall park any vehicle upon the street in any manner so as to obstruct the loading or unloading of any solid waste comainer. Sec. 20-165. Parking nuisances. (a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in violation of the following provisions: It shall be unlawful for a person to park or store or allow another to park or store any vehicle in excess of eight feet six inches in width or 40 feet in length, including recreational vehicles, travel trailers, boats or boat trailers, in any residential zoned district. (2) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer on a public thoroughfare in any residential zoned district. (3) It shall be unlawful for a person to park or store or allow another to park or store a vehicle in the from yard of any property, upon any surface other than an improved surface. Page 12 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \Temp~Appendix B.doc (4) It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard or in the rear yard of any lot, upon any surface other than an improved surface unless such vehicle is concealed from view from all poims along public street and alleys by a solid, opaque fence or wall providing full screening from the ground to a minimum height of six feet; or (5) It shall be unlawful for any owner of a residemial lot to allow a driveway, improved parking surface or combination of the two to cover more than 50 percent of the front yard of the lot. (6) It shall be unlawful for any person to park or store or allow another park or store a vehicle on any unimproved lot, easemem, or right-of-way. (b) Maintenance of improved parking surface. It shall be unlawful for any person to fail to maimain all improved parking surfaces in good and safe condition, and free of any defects affecting the use, safety, appearance or drainage of the surface or of the adjoining property. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of DeNon, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections paragraphs, semences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 8. Any person found guilty of violating this ordinance by a court of competem jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 9. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2004. ATTESTED: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: Page 13 of 14 C:\DOCUME- 1 \ab forsyt\LOCAL S- 1 \TempkAppendix B.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Page 14 of 14 Procedures for Nuisance Violations Complaint Received/Violation Observed First Inspection Door hanger delivered or mailed Reinspection after seven days I Violation Abated Compliance card mailedI 14 day certified letter mailed Extension may be requested By citizen (Possible) Citation/Summons Issued I Court Hearing/ Citation Paid Compliance I Second Inspection Work Order is submitted to Contractor Contractor abates the violation Citizen is sent an invoice. If not paid, lien filed Violation Abated I Compliance card mailed The above procedure is repeated each time a violation occurs during the year. (Some are repeated 3 times or more) Grass/Weeds Procedures during March - November Complaint Received/ I Violation Noted First Inspection mailed Door hanger delivered or I Reinspection after seven days 10 day certified letter Extension may be requested by citizen Second Reinspection I Work Order is submitted to I I Contractor Contractor mows property I Citizen is sent an invoice. If not paid, lien filed I V iolation abated I Compliance Card Mailed Violation abated I Compliance Card Mailed Citation/Summons Issued I Court Hearing Citation Paid I Compliance Second Violation of the growing season First Inspection 14 day Certified Letter Extension may be requested by citizen I Second Reinspection I Work Order submitted To Contractor I I mows property Contractor I Citizen is sent a invoice. If not paid, lien filed Violation Corrected Case Closed I Compliance Card Mailed Third and subsequent violations in a growing season are abated without further notice to property owner. C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc APPENDIX C DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 21 BY CREATING ARTICLE III RELATING TO GRAFFITI; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 21 of the Code of Ordinances of the City ("Offenses") be and the same is hereby amended by creating Article III relating to Graffiti: SECTION 21 - OFFENSES ARTICLE iii. GRAFFITI Sec. 21-50 Definitions The following words, terms, and phrases, when used in this article shall have the meaning ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Designee(s). City employee or employees designated by the city manager to perform activities related to notification and abatement of graffiti. Graffiti. Visual blight or any unauthorized form of painting, scratching, writing, or inscription including initials, slogans, symbols or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, window, sign or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person. "Graffiti" does not include any of the foregoing used for advertising purposes placed on any property in compliance with any applicable city ordinance, state or federal law. Graffiti implement. An aerosol paint container, a broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc Marker. Any indelible marker or similar implement with a writing tip exceeding three-sixteenth inch in width that contains a solution that cannot be removed with water after it dries. Minor. Any person under seventeen (17) years of age. Owner. Any owner of record or other person who has contractual responsibility for the property. Parent. A person who is a natural parent or adoptive parent of a minor. As used herein, "parent" shall also include a court-appointed guardian or other person twenty-one (21) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of the minor. Unauthorized. Means without the consent of the owner or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (1) the absence of evidence of specific authorization by the owner, (2) that the visual blight is inconsistent with the design and the use of the subject property, or (3) that the person causing the visual blight was unknown to the owner. Sec. 21-51. Declaration of public nuisance. Graffiti is declared to be a public nuisance. Whenever the existence of graffiti on any property within the city shall come to the attention of a designee, the designee shall cause a written notice as provided in this article identifying the graffiti and direct its removal to the owner of the property. In addition to the penalty provided in this division, the city shall have all remedies available at law and equity to abate such nuisance. Sec. 21-52. Pressurized paint containers and marker pens sale to minors. It is unlawful for any person to knowingly sell, exchange, give, loan, or cause or permit to be sold, exchanged, given, or loaned, any marker or pressurized devices containing paint or marker to any minor person. Sec. 21-53. Possession by minors. (A) It is unlawful for any minor to possess any grafitti implements. (B) It shall be an affirmative defense to a violation of this section that at the time of possession: (1) The minor was accompanied or supervised by a parent, guardian, or teacher in connection with a bona fide school project; or a supervisor during the minor's regular employment; Page 2 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc (2) The minor possessed the grafitti implement on the property on which he or she lives. (3) The possession occurred as part of an organized event sponsored by a school, church or some other officially recognized entity and supervised by an adult representative of the organization; or (4) The possession occurred during employment while the minor was supervised by his or her employer. Sec. 21-54. Other Prohibited Acts. (A) Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface of any city-owned property or without the permission of the owner or occupant on any non-city owned property. (B) Possession of graffiti implements. It shall be unlawful for any person: To possess any graffiti implement while in or upon any public facility, transportation vehicle, park, playground, swimming pool, recreation facility, or other public building or structure owned or operated by the city or while in or within 50 feet from an underpass bridge abutment, storm drain, or similar type of infrastructure, unless authorized by the city. Sec. 21-55. Owner responsibility. (A) An owner of property commits an offense if, after notification by the city, the owner fails to paint over or remove all graffiti from the owner's property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists. (B) Before issuing a citation for a violation under subsection (A) of this section, the designee shall serve the property owner with written notice to remove the graffiti within fourteen (14) calendar days from the date the notice was served. The notice shall contain: (1) The date and nature of the violation; (2) Physical location of the violation by street address, lot and block number; (3) Name of owner; and (4) If the condition is not corrected within fourteen (14) days of receipt of such notice or the owner fails to file an appeal within fourteen (14) days of Page 3 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc receipt of notice to the designee, the city may, without further notice, enter upon the property by its agent or its contractors, remove the graffiti and charge the costs incurred to the owner. If the graffiti is removed by the city, the cost may be charged to the property owner and a lien may be filed against the property. (c) The notice may be served by personal delivery, or by United States certified mail, return receipt requested to the owner at the owner's post office address as shown on the tax rolls. If the owner cannot be found or the notice is returned by the United States Postal Service as undeliverable, then the owner may be notified by: (t) Publication at least twice within ten (t0) consecutive days; (2) Posting notice of the violation on or near the front door of each building on the property in violation; or (3) If the property contains no buildings, posting the notice of a violation on a placard attached to a stake driven into the ground on the property. (D) The owner of the property subject to abatement under this article may appeal the decision of the designee by requesting a hearing by notifying, in writing, the designee within fourteen (14) days following the receipt of the notice. The hearing shall be conducted by the designee for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this article. The owner shall be provided written notice of the time and place of the hearing at least ten (t0) days prior thereto. At the hearing, the owner and the designee may present evidence relevant to the proceeding. The designee's decision shall be final. (E) If the owner fails to timely abate the graffiti or request a hearing, or if it is determined at the hearing that the graffiti constitutes a nuisance, the designee will assess expenses, and place a lien on the property. (F) Prior to the filing of a lien, the designee shall mail the owner an invoice for the costs of removal. In the event the invoice is not paid within thirty (30) days, a lien shall be filed on the property. (G) An owner maintains a public nuisance if he fails to remove graffiti or refuses to allow graffiti to be removed from his property after having been notified by the city or in the event of appeal, upon order by the designee. Sec. 21-56. Imposition of civil penalty for applying, permitting, or allowing graffiti. Page 4 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc (A) The City Council finds and determines that graffiti applied to any natural or man- made surface on public or private property creates an objectionable, or unsightly condition that damages the surrounding homes and businesses in the community. (B) Any person who applies or creates graffiti, or any parent who knowingly permits or by insufficient control allows their minor child to apply graffiti to any natural or man-made surface or any public property is liable for a civil penalty. (c) The civil penalty for which the person or parent is liable is the fees and cost incurred for removing the graffiti, plus a $125 fine for the first removal, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty fine shall be a minimum of $200 but will not exceed $500. (D) The civil penalties collected will be placed in reserve or used exclusively in city initiated abatement proceedings. (E) Civil Enforcement; procedures. The designee is responsible for the enforcement and administration of this article. (2) In order to impose a civil penalty under this section of the article, the designee shall send a notice of violation to the person or parent liable for the civil penalty not later than the 30th day after the date the graffiti is alleged to have been removed. A notice issued under this section of this article shall be sent to: (a) the last known address of the person or parent of the accused minor; or (b) hand-delivered in person to the person or parent of the accused minor alleged to be responsible for the civil penalty. (3) A notice of violation issued under this article shall contain the following: (a) a description of the violation alleged; (b) the location where the violation occurred; (c) the date and time of the violation or when the violation was discovered; (d) the name and address of the owner of the property involved in the violation; Page 5 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc (e) a copy of a recorded image of the graffiti involved in the violation; (f) the amount of the civil penalty to be imposed for the violation, including the fees and costs for removal of the graffiti; (g) the date by which the civil penalty must be paid; (h) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (i) information that informs the person or parent named in the notice of violation: (i) of the person's or parent's right to contest the imposition of the civil penalty against the person in an administrative adjudication; (ii) of the manner and time in which imposition of the civil penalty may be contested; (iii) that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability; and (iv) that failure to pay the civil penalty within the time allowed shall result in the imposition of a late-payment fee of $50. (4) A notice of violation under this article is presumed to have been received either on the fifth day after the date the notice of violation is mailed or on the date personal delivery is made to the person or parent of the accused minor alleged to be responsible for the civil penalty. (5) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (c). (F) Administrative adjudication hearing. A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within the time provided in the notice (which period shall not be less than 14 days following the mailing of the notice). Upon receipt of the request, the Director shall Page 6 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before one or more hearing officers appointed by the City Manager. (2) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Section 21-56(F)(8). (3) Failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Section 21-56(F)(8). (4) A person or parent who fails to pay a civil penalty within the time allowed by this article shall be additionally liable for a late-payment penalty in the amount of $50. (5) The civil penalty shall not be assessed if after a hearing, the hearing officer(s) enter(s) a finding of no liability. (6) A person or parent who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative haring costs in the amount of $50 in addition to the amount of the civil penalty assessed for the violation. A person or parent who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within ten days of the hearing. (7) In an administrative adjudication hearing, the issues must be proven at the hearing by a preponderance of the evidence. (8) A person or parent who is found liable after an administrative adjudication hearing may appeal that finding of liability to the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. The notice of appeal must be filed not later than the 31 st day after the date on which the administrative adjudication hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee of $50. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be determined by the Municipal Court by trial de novo. Any affidavits submitted under Section 21-56(F)(8) shall be admitted by the municipal judge in the trial de novo, and the issues must be proven by a preponderance of the evidence. Page 7 of 9 C:\DOCUME I\ablbrsy/\LOCALS I\Tcmp\Appcndix C.doc (G) Effect of liability; exclusion of civil remedy; enforcemem. (1) The imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose. (2) The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under this article. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of DeNon, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, semences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. That any person found guilty of violating this ordinance by a court of competem jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __day of ,2004. ATTESTED: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 8 of 9 C:\DOCUME I\ablbrsyt\LOCALS I\Tomp\Appondix C.doc By: Page 9 of 9 APPENDIX D UNREVIEWED DRAFT LIGHTING STANDARDS BACKGROUND. Outdoor lighting at night is used to increase safety, enhance the city's nighttime character, and provide security. Primarily, it must promise immediate good vision and orientation so that an area is usable and safe at night. By means of placement and intensity, lighting is also used to guide pedestrian and vehicular movement and highlight areas where traffic conflicts. In addition to these basic utilitarian functions lighting is also used for architectural emphasis and effect, to attract business, and to give a site a particular "personality". In many urban environments, the use of buildings and monuments as markers or reference points is important for clarity and visual orientation. Some features when properly illuminated, may serve as "points of arrival" for neighborhood residents. The streetscape or pedestrian spaces should appear consistent, be permanent and well integrated. The visual image is just as important during the night as during the day (see fig. 1) Fig. 1: Uncluttered, ~vell-integrated outdoor lighting in a streetscape, both during day (left) and at night (right). All area lighting, whatever its immediate function, has the ultimate purpose of providing visibility, which is a different, more subtle, more complex concept than mere illumination. Mere illumination by extremely powerful and improperly installed lighting can have four negative factors, and they are 1. Glare Glare is the sensation produced by a luminance that is greater than the luminance to which our eyes are adapted and hence it causes annoyance, discomfort or loss of visual performance and visibility. 2. Light Trespass Light Trespass, also known as Spill Light, occurs whenever light shines beyond the intended target and onto adjacent properties. 3. Uplight Uplight is the light that goes directly into the night sky and is "lost in space" and serves no useful purpose. Such atmospheric scattering of light brightens the night sky, making distant celestial light sources difficult to see. 4. Excessive lighting Excessive lighting results when light levels exceed that needed for the task. It is caused usually from an unexamined "more is better" philosophy, or motives such as businesses to outshine their competitors. There are some other complex terms in outdoor lighting, which needs further explanation. Luminance: Luminance is what an observer sees, whether it is the light reflected from a wall (surface luminance) or the light reflected from a luminaire (luminaire luminance). Lighted outdoor horizontal surfaces such as lighted outdoor roadways, bikeways, sidewalks, and parking lots exhibit horizontal surface luminance. Lighted outdoor vertical surfaces such as people, building facades, structures, statues, and landscape features such as trees exhibit vertical surface luminance. Surface luminance of all types adds interest and depth to outdoor scenes and is necessary for visibility and security. The proper lighting of surfaces is the foundation of a good lighting design. Luminaire luminance is derived from the light-emitting portion of the lamp. In order to minimize glare and provide a pleasant environment, luminaire luminance in the normal field of view should be avoided. Illuminance: Illuminance is a measure of incident light (in lux or footcandles), technically described as flux density per unit area. Illuminance plays an important role in determining light trespass potential. Brightness: Often, there is confusion between the terms "brightness" and "luminance". Brightness is affected by the environment in which the luminaire resides. As the background luminance of a scene gets higher, the apparent brightness of a luminaire becomes lower. Viewing car headlights during the daytime is a good example of a situation involving high luminance but low brightness. People associate more light or brighter light with "safer" surrounds. But in reality, this may cause a loss of visibility. A better approach is to light vertical surround surfaces (trees, building facades, or other area features) so that these surfaces can reflect light onto people. Quality outdoor lighting should communicate visual order, orientation, and urban character. The height and location of poles, and the size and shape of equipment all contribute to the lighting hierarchy (see Fig. 2). Even the placement of equipment and source color should help determine much of the environment's visual character after dark. Fig. 2: The height and location of poles contributes to the hierarchy of exterior lighting equipment along this street in Kansas 2 I. PURPOSE. This ordinance sets forth criteria for the following: 1. The provision of lighting in public places where safety and security are concerns. 2. The control of disabling glare from non-vehicular light sources that shine into driver's and pedestrian's eyes and thereby impair safe traverse. 3. The protection of neighboring properties from nuisance glare and stray light from poorly designed, aimed, placed, shielded or applied light sources. 4. The promotion of efficient design and operation with regard to energy conservation. II. DEFINITIONS Abandoned: Abandoned means to cease or suspend from developing or maintaining a building or use. Activity Areas: Depending upon the intensity of use, all non-residential uses are categorized into high, medium and low activity areas. · High activity, e.g. regional shopping centers/fast food, facilities and major athletic/civic/cultural events. · Medium activity, e.g. community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events. · Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking. Average Footcandle: The level of light, which is the average of all illumination points on a site. Canopy Structure: Any overhead protective structure, which is constructed in such a manner as to allow pedestrians/vehicles to pass under. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Floodlight or Spotlight: Any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directional beam. Floodlight has a wide beam, whereas spotlight has a narrow beam. Footcandle (lc): A unit of measure for luminance. A unit of luminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot Full cut off type fixture: A luminaire or light fixture that; -~-~ by design of the housing, does not allow any light ........... Fig. 3: Fully shielded lights: The outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. luminaire. Lamp: The component of the luminaire that produces the ac lighting Full Lumen: A unit of luminous flux. One footcandle is one mmcn pet ~qumc lUUt. l'Ui tiiu purposes of this Ordinance, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. Luminaire: This is a complete lighting system, and includes a lamp or lamps and a fixture. Nuisance: Nuisance means something, which annoys or gives trouble and vexation; that which is offensive or noxious. Nuisance glare is that which causes complaints such as: "the light is shining in my window". Public lighting: Outdoor light fixtures located on property owned, leased, or controlled by the City or other governmental entity or entities, including but not limited to streets, highways, alleys, easements, parking lots, parks, playing fields, schools, institutions, meeting places, and all entities completely or partly funded by grants obtained by the City or its agents from Federal, State or private sources. Recessed: When a light is built into a structure or portion of a structure such that the light source is fully contained within the structure and no part of the light source extends or protrudes beyond the underside of a structure or portion of a structure. Sag-lens or drop-lens: A clear or prismatic refracting lens that extends below the lowest opaque portion of a light fixture. Searchlight: A light fixture having a narrow beam intended to be seen in the sky. Security Lighting: Security lighting is defined as lighting designed and used to discourage crime and undesirable activity. It should use the lowest possible illumination to effectively allow surveillance. Settings: Background luminance of a scene, usually referred either as dark or light settings. Where the background luminance if high (a light setting), there is a low contrast hence the illumination level required is higher than in a darker setting. 4 Shielded: When the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The lamp is not visible from outside the fixture with a shielded light fixture, and no light is emitted above the horizontal plane of the fixture. Also considered as a full cut-off fixture. Temporary outdoor lighting: Lighting that is intended to be used for a special event for seven (7) days or less. Uplighting: Lighting that is directed in such a manner as to emit light rays above the horizontal plane. Uniformity Ratio: (U. Ratio) describes the average level of illumination in relation to the lowest level of illumination for a given area. Example: U. Ratio =4:1 for the given area, the lowest level of illumination should be no less than 25% or "4 time less" than the average level of illumination. Wallpack: A floodlight mounted on the wall of a building or other structure. iii. APPLICABILITY. 1. New Non-residential and Multi-family Uses, Buildings, and Major Additions or Modifications For all proposed new non-residential and multi-family land uses, developments, buildings, and structures that require a permit including building permits and electrical permits, all outdoor lighting fixtures shall meet the requirements of this Code. All building additions or modifications of twenty-five (25) percent or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this provision, shall invoke the requirements of this Code for the entire property, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting twenty- five (25) percent or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a no-conforming site, shall constitute a major addition for purposes of this section. 2. Minor Additions Additions or modifications of less than twenty-five (25) percent to existing non-residential and multi-family land use and/or structures, and that require a permit, shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. Any new lighting on the site shall meet the requirements of this Code with regard to shielding and lamp type; the total outdoor light output after the modifications are complete shall not exceed that on the site before the modification, or that is permitted by this Code, whichever is larger. Resumption of Use after Abandonment If a structure or use with non-confirming lighting has been abandoned for a continuous period of one (1) year or more, then all outdoor lighting shall be brought into compliance with this Code before the use is resumed. 4. Existing Non-Confirming Lights Luminaries installed prior to the adoption of the ordinance shall be re-aimed or shielded such that the fixture no longer creates a nuisance as defined in Section II- Nuisance. Shielding may be accompanied by louvers, baffles, visors, or shields placed on the luminaries, or any other method whereby the light therefrom does not constitute a nuisance. 5. Exemptions The following are exempt from the lighting requirements of this section, except that the Building Official may take steps to eliminate the impact of the exempted items when deemed necessary to protect the health, safety and welfare of the public: ao Holiday Decorations. Holiday lights in the nature of decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday provided that such lights shall be illuminated for a period of not more than sixty (60) consecutive days in one year. Holiday lights may be of any type, number, area, height, location, illumination or animation, except that they shall not produce incident or reflected light that may be confused with or construed as a traffic control device. b. Temporary lighting. Construction lighting provided such lighting is temporary and is discontinued immediately upon completion of the construction work. Nonconforming temporary exterior lighting may be permitted by the Planning Director only after considering: (i) the public and/or private benefits which will result from the temporary lighting; (ii) any annoyance or safety problems that may result from the use of temporary lighting; (iii)the duration of the temporary nonconforming lighting. The Planning Director may approve such temporary outdoor light fixtures to be used for civic events, or activities such as circuses, fairs, carnivals, sporting events, and the like. Such temporary lights shall not be installed more than thirty (30) days prior to the event and shall be removed not more than fifteen (15) days after the event. Temporary outdoor light fixtures authorized by this Section shall not be permitted for more than three (3) occurrences during a calendar year. c. Any lighting required by the FAA for air traffic control, navigation, and warning purposes shall be allowed. d. Street or Road lighting installed by a public agency to benefit public right of way. e. Public outdoor recreational fields 6 f. Traffic control signals and Devices g. Vehicular lights, when vehicle is not being used as signage or lighting h. Historic signs or lighting for the Court House & Square in the Central Business District, are exempt from this ordinance. IV. MEASUREMENT. 1. Lighting levels shall be measured in footcandles (lc) with a direct reading, portable light meter. Generally, the illumination level of security light required for a location is calculated from light meter readings taken horizontally and at ground or floor level; work area lighting is measured at the working surface, which is between 3 feet (ft) to 5 ft above ground. Horizontal measurements are taken with the light meters parallel to the ground and the sensor element of that light meter on the upper side. To measure illumination level in a vertical plane, the meter shall be positioned such that its collector is positioned parallel to the property line and the light sensor faces the light source. o For measurements at the property line, the meter's sensor shall be located at the top of the visual screening fence on the property line (or at a height of 3 feet above the surrounding local grade if there is no fence), aimed towards the commercial property in a horizontal position. All footcandle measurements shall include the sum of all on-site lighting installations, including all illuminated signs, illuminated outdoor advertising devices, building-mounted lights, and any light spillage from inside buildings. V. LIGHTING STANDARDS. General Requirements: a. Site lighting trespass onto adjacent residential zones shall be minimized. b. Site lighting shall minimize light spill into the dark night sky. c. Where practical, exterior lighting installations shall include dimmers, sensors, or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting. d. Exterior lighting installations shall be designed to avoid harsh contrast in lighting levels. e. Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system. f. Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting. 7 1. Shielding Requirements a. Exterior lighting including pole-lights and building-mounted lighting shall be fully shielded and directed downward to prevent off-site glare. b. Unshielded luminous tube and exposed bulb fluorescent lighting is permitted only in Employment Centers and Industrial Centers Zoning Districts, and when not adjacent to or across the street from residential properties. c. The Planning Commission may approve decorative light fixtures as an alternative to shielded fixtures when it can be proven that there will be no light trespass in excess of 0.5 footcandle and the proposed fixtures will improve the appearance of the site. 2. Heights of light fixtures The allowable heights of light fixtures (measured from the light-emitting surface to the base of the pole location) when in proximity to agricultural/residential zoning districts or public right- of-way are as follows: Within 50 ft of an agricultural/residential zoning district or public right-of-way, the height of light fixture shall not exceed 16 ft height; within 51 to 250 ft of the same, it shall not exceed 25 ft height, and; within a minimum of 251 ft, it shall not exceed 35 ft height. (See fig. 4 on the left) Fig. 4: A typical family of luminaries with various pole heights and luminaires. 3. Permitted Illumination levels The maintained illumination level at all approaches and driveways should be no more than one (1.0) footcandles in a medium activity area, but in high activity area like service stations it could go up to 1.5 lc. in dark settings and three (3.0) lc. in lighter settings. (The different activity areas and settings are described in Section II. Definitions) ao At building entry_ points At all active building entrances (pedestrian/ or conveyance), the average footcandle readings as determined by point method photometrics shall not exceed a measurement of five (5) footcandles, but for all inactive entrances (normally locked, infrequently used) it shall be one (1.0) footcandle. bo Within site The intensity of light within a site, measured horizontally at ground or floor level, shall not exceed ten (10) footcandles, except in an automobile dealership, where a maximum of fifteen (15) footcandles is permitted within site. 8 c. Canopy Lighting and Lighting of Service Stations: Canopy Fa#cia Fig. 2. Canopy lighting I At any point under the canopy in an automobile service station, and at 3 feet above ground level, a maximum illumination of forty-five (45) footcandles is permitted. Canopy lighting shall be by recessed fixtures with diffusers that do not exceed below the canopy surface, or shielded by the fixture or the edge of the canopy so that light is restrained to 85 degrees or less from vertical. See Fig.2 on the left. Lights shall not be mounted on the top or sides (fascias) of the canopy. The fascias of the canopy shall not be illuminated in a manner other than that proscribed under the section of these regulations regulating signs. At property line and beyond The maximum Illumination of the perimeter of the site, when measured (as described in Section IV. 3.) in footcandles shall not exceed the values given below: (i) On the side of the site adjoining another non-residential zoning district - 1.8 fc (ii) On the side of the site adjoining agricultural/residential zoning district .... 0.5 lc. and at a point 50' away from the nearest property line of that site, the average luminance measured at a height of 5' off the ground, in a vertical plane shall not exceed 0.2 lc. (iv)On the side of the site adjoining public rights-of-way and fire lanes --- 1.2 lc. e. Interior light fixtures Any interior light fixtures visible through a window must be shielded to prevent light trespass in excess of the illumination levels mentioned in the above section V. 3 d. at the property line. f. In parking lots (i) For the height of the poles, refer to Section IV. 2. (a). The poles should be spaced to permit sufficient overlapping of adjacent beams to minimize harsh shadows and avoid dark pockets throughout the area. The minimum spacing between the poles shall be no less than four times the height of the standard, a ratio of 4 to 1. (ii) The average projected footcandle reading as determined by the point method photometrics shall not exceed two (2) footcandles. (iii)The table below establishes open-air parking lot lighting standards: BASIC *ENHANCED 3.0 fc 7.0 fc : Min, fc at 5ft: aboye pavement horizpnm!!y 0:!fc During periods of non-use, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. All the measurements are taken on the parking surface, without any shadowing effect from parked vehicles or trees at points of measurement. Enhanc e dSecu[!ty i5 d esc[!bed asS e cur! L i gh~ing inS e c~!on ! D eftn!tipns 9 g. For wallpacks placed above windows and doors Wallpacks, placed above windows and/or doors producing less than five (<5) footcandles of illumination for security purposes may be lit cominuously between sunset and sunrise. Except when necessary for security purposes, as verified by the Police Departmem, all other outdoor lighting fixtures and illuminated signs, existing or hereafter installed and maimained upon private property within commercial, industrial and office zoned districts or even any businesses in residemially zoned areas, shall be turned off between 11:00 p.m. and sunrise, except when in use for commercial and industrial activities, such as in sales, assembly, and repair operations, where such use cominues after 11:00 p.m. or begins before sunrise but only for as long as such activity continues. 4. Outdoor Sports Facilities Lighting at public and private outdoor sports facilities shall be shielded to reduce glare, safety hazards, light trespass and light pollution; and shall provide levels of illuminance consistent with nationally recognized standards such as the Illuminating Engineering Society of North America; and shall be operated on a schedule that coincides with scheduled evens. 5. Illumination of Businesses All lights used for the illumination of business establishmems or for the illumination of business buildings or areas surrounding them, or for the illumination or display of merchandise or products of business establishmems, shall be completely shielded from the view of vehicular traffic using streets abutting such business properties. If floodlights are used for the illumination of said premises or of any sign thereon, (if permitted under Section V. 6.) whether or not such floodlights are attached to or separate from the building, shall not project above the highest elevation of the from wall of the building. 6. Floodlights Floodlights shall not be permitted in the Neighborhood Residemial Districts and Dowmown Residemial Districts. Floodlight or Spotlights when permitted, the axis of illumination shall be adjusted to an angle not more than 20 degrees from the vertical line between the fixture and the ground. Any operation producing imense light, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, shall be performed within an enclosure so as to completely obscure and shield any direct or sky- reflected light from view from any point along the lot lines, except during the period of construction or repair of the facilities to be used and occupied. 7. Sensor activated lighting Sensor activated lighting may be unshielded provided: a. It is located in such a manner as to prevent direct glare and lighting into properties of others or imo a public right-of-way. b. The light is set to go on only when activated and go off within 10 minutes after activation has ceased. 10 8. Laser light sources The use of laser light sources, search lights or any similar high intensity light for outdoor advertisement or entertainment is permitted only with a special permit from the City of DeNon Planning & Developmem Departmem and only then for no more than three (3) days per year, per applicant, for each location. 9. Flashing Lights Any lights that flash, move, revolve, rotate, scimillate, blink, flicker, vary in imensity or color, or use intermittent electrical pulsation are prohibited. All outdoor features including signs that are illuminated shall consist of a constam imensity of light and color. There may be some exceptions to banks and messages showing time or temperature. 10.Flag and Statue Lighting Outdoor light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a very narrow cone of light (e.g. a maximum NEMA Beam 3X3, or comparable) for the purpose of confining the light to the object of interest and minimizing spill-light and glare. Uplighting, as far as possible, is not recommended. 11. Outdoor String of lights or Luminous Tube Lighting ao Outdoor strings of lights or luminous tube lighting, including but not limited to those outlining building lines, outdoor display areas, rooflines, doors, windows, may be allowed when: complying with Section III.5.a. Holiday decorations; located in Downtown and specifically requested and approved as an integral element of a development plan for Architectural and Site Design Review. 12. Prohibited Lighting The installation of any unshielded mercury vapor fixture, sag lens or drop lens fixtures, and flashing lights (as described in Section V. 9.) are prohibited. VI. APPEALS ao In case of allowable height of light fixtures, as described in Section V. 2, the Planning and Zoning Commission may permit taller or require shorter fixtures, only when it is determined that unique conditions exist and where a waiver would meet all of the following conditions: i) Reduce the number or size of light fixtures. ii) Not adversely impact neighboring properties and permit fixtures in proportion to height and bulk of nearby buildings and other fixtures. iii) Meet the current standards consistent with nationally recognized standards such as the Illuminating Engineering Society (lES) as a guideline for all lighting decisions. 11 b. As part of site plan review, the Planning and Zoning Commission may allow for an increased level of lighting above the maximum levels permitted when it determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes as verified by the City of Denton Police Department. Vii. SUBMITTAL REQUIREMENTS. The following information must be included for all site plan submissions and where site plan approval is not required, some or all of the items may be required by the Building Officials/Project Manager prior to lighting installation: 1. Site plan and Building elevations with location of all freestanding, building-mourned and canopy light fixtures shown. 2. Isofootcandle plots (photometric grid) that demonstrate adequate imensities and uniformity on the proposed site plan; and manufacturer's catalog cuts that present a description of the equipmem, including glare reduction devices, lamps, switching devices, mourning heights and mourning methods proposed. 3. The lighting plans shall also provide an engineering detail of fixtures, manufacturer, model, and installation of the same. 4. Any other information deemed necessary by the Building Officials/Project Manager. Viii. NOTIFICATION REQUIREMENTS 1. It shall be the responsibility of the City to publish this ordinance in the newspaper of general circulation and to disseminate the ordinance by other appropriate means; to idemify those spotlights, floodlights and wallpacks requiring adjustmem; and to inform their owners of these provisions. 2. The City of DeNon building permit form shall include a statemem asking whether the planned project will include any outdoor lighting. 3. Within 30 days of the enactment of this ordinance, the Code Inspector shall send a copy of the Outdoor Lighting Ordinance, with cover letter to all local electricians and local electric utility including all of them in the City of DeNon and some in its immediately adjacem towns. IX. ENFORCEMENT Any owner (to whom this ordinance applies as mentioned in Section liD, who fails to comply with the provisions of this Code, shall be issued a warning notice. X. CONSISTENCIES REPEALED. If this ordinance conflicts with any other City ordinance or resolution, the more restrictive of the ordinance or resolution shall prevail. City Attorney to provide recommended language prior to public hearing. 12 XI. SEVERABILITY. Should any section, clause or paragraph of this ordinance be declared by court of competent jurisdiction to be invalid, the same will not affect the validity of the ordinance as a whole or part hereof other than the part declared to be invalid. XII. SAVING CLAUSE. Nothing in this ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this ordinance. Sources: 'Lighting for Exterior Environments'. RP-33-99, IES The Lighting Authority. 1999. 'Roadway Lighting'. RP-8, lES The Lighting Authority. 1983. 'Outdoor Lighting Code Handbook'. Version 1.14. iDA. December 2000-2002. Redmond Ordinance 2109 - Exterior Lighting Standards. City of Redmond. WA. Outdoor Lighting Ordinance 060999. Butler Township, Luzerne County, PA. June 1999. Lighting Standards - Section 7.02. Town of Holly Springs. Outdoor Lighting Standards ordinance 2531. City of Broken Arrow, OK. May 2003. Lighting Ordinance 02-1046. City of Casselberry, FL. April 2002. Lighting Code Section 98-1121 to 1134. Town of Flower Mound, TX. Model Lighting Standards Ordinance. iDA. Outdoor Lighting Standards. City of Oakland. 13 APPENDIX E AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: Police ACM: Jon Fortune SUBJECT: Receive a report, hold a discussion, and give staff direction regarding code enforcement procedures. BACKGROUND: Overall community appearance has become an increasing priority as evidenced by the City Council's long range planning schedule for 2004. Five of the nine topics included can be directly related to appearance, specifically Attractiveness and Community Aesthetics; Sustainable Development; Neighborhoods; Environment; and Corridors and Entranceways. Additionally, a Vibrant Cultural Life and a Conference Center and Hotel are dependent, to some degree, on a community that citizens find attractive. Toward that goal, this report presents information regarding current code enforcement procedures, includes a report on residential rental properties, and provides the City Council with staff recommendations for revisions to those procedures. The appearance of the city is primarily dependent upon two processes, the policies that regulate the development of properties and the policies that regulate the maintenance of properties. The development of property is regulated almost exclusively by the Development Code under the supervision of the Planning Department and Building Inspections. The maintenance of property is regulated by a variety of laws and ordinances and the responsibility of enforcement is divided among several City departments. CODE ENFORCEMENT SECTION The Code Enforcement Department was transferred into the Police Department in August 2000 and is currently located within the Special Enforcement Division of the Operations Bureau. It consists of one Senior Code Enforcement Officer, five Code Enforcement Officers, and one Secretary. The primary duties of this section are the enforcement of city ordinances regulating high grass and weeds, trash and debris, and junked vehicles on private property. The Code Enforcement Section also addresses violations of ordinances related to view obstructions, such as tree limbs hanging over traffic signs and shrubs at intersections; signs; zoning related to home occupations and over-occupancy; and solid waste violations, primarily bulky items and trash around solid waste containers. The Police Department's Environmental Crimes Officer routinely assists the Code Enforcement Section, most often on cases of trash and debris that constitute illegal dumping. The Code Enforcement workload is significantly seasonal. Of particular importance is the amount of rainfall received which is the primary determinant of the growing season and directly impacts the number of violations investigated and City-initiated abatements. From 1999 through 2003, the Section averaged 1,691 grass and weeds cases, with a high of 2,254 cases in 2001. During the same five-year period, the Section averaged 1,291 cases of trash and debris; 334 cases involving junked vehicles; 159 sign violations; 13 zoning violations; and approximately 60 other types of violations. Each code enforcement officer averages 850 cases per year. Code Enforcement Ordinances Chapter 20. Article III. Grass and Weeds. Section 20-71 sets the limits of weeds, grass or vegetation on a parcel of property less than two (2) acres to twelve inches in height. If the parcel of property is two (2) or more acres, the weeds, grass or vegetation located within one hundred feet of adjacent property is limited to twelve inches in height. The ordinance provides a defense to prosecution if the vegetation consists of agricultural crops, cultivated trees, shrubs or flowers, or wildflowers during the blooming season. Chapter 20. Article I. Garbage, Trash and Rubbish. Section 20-3 defines garbage, trash and rubbish as any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks. It prohibits the storing or keeping of such items on any premises bordering any public street in the city so as to produce an unsightly and ugly appearance or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions. It further prohibits the dumping, unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or junk in or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof. Chapter 20. Article III. Junked Vehicles. Section 20-41 defines a junked vehicle as a motor vehicle that is inoperative; and does not display a valid registration or motor vehicle inspection certificate; or is wrecked, dismantled, partially dismantled or discarded; or that remains inoperable for a continuous period of more than forty-five days. Section 20-47 declares a junked vehicle a public nuisance if it is located in a place where it is visible from a public place or right of way and prohibits a person from maintaining a public nuisance. Section 20-48 exempts vehicles or vehicle parts that are completely enclosed within a building in a lawful manner where it is not visible form the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or an antique or special interest vehicle stored by a collector on the collector's property, if the vehicle is screened from ordinary view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Code Enforcement Procedures In 1998, staff worked with the City Council to adopt Code Enforcement procedures for abating violations involving high grass and weeds, trash and debris, and junk vehicles. Previously, officers would simply send a letter of notification to the address where an observed violation was located. The owner or resident was given ten days to abate the violation. If the owner or resident did not comply, the officer would contact a private contractor to clean the property and the owner or resident would be invoiced an administrative fee and the cost of the contract. The Council expressed concerns that this process did not provide ample opportunity for the violator to resolve the problem. The current procedure is as follows: A door hanger is left at the location notifying the tenant/owner of the violations. If the property is a vacant lot or appears vacant, the door hanger is mailed to the property owner as identified using currently available tax records. A re- inspection date is set for seven days from the date the door hanger is left at the location and such date and the investigating officer's name and telephone number is noted on the door hanger. The property is re-inspected no earlier than the date on the door hanger. If the violation is abated, no other action is taken and the case is closed. If the violation still exists, the Code Enforcement officer takes two pictures for the case file and a certified letter is sent to the property owner and, if applicable, the tenant. The letter contains information about the violations and notification of the re- inspection date. The re-inspection date for grass and weeds is ten days. The re- inspection date for trash and debris violations is fourteen days. If the violation is abated, the case is closed. If the violation still exists, the officer takes two more pictures for the case file. Code Enforcement attempts to call the property owner to discuss the violation and agree to a deadline for the violation to be abated. If it is determined that the property owner is indigent or physically unable to abate the violation, Code Enforcement will request assistance from the Keep Denton Beautiful volunteer program or other community groups. If compliance is gained within the agreed time, the case is closed. If compliance is gained following notification by either door hanger or registered letter, a card is sent to the owner that notifies them that their property was found to be in compliance upon re-inspection and thanking them for their cooperation. 5. If compliance is still not gained, Code Enforcement will initiate administrative action or file a case in Municipal Court. Grass and weed violations are generally addressed through administrative action. A private contractor mows the property and the owner is invoiced an administrative fee in the amount of $80.00 and all contractor fees. Trash and debris and junk vehicle violations are generally addressed by filing a case in Municipal Court. Staff is hesitant to simply clean the property due to the possible claimed value of property and vehicles that might be removed. The trash, debris or vehicle in question will remain on the property until the disposition of the case. If the violator abates the violation prior to the court date, the prosecutor will usually recommend that the violator be placed on deferred adjudication for one year, at the end of which the case would be dismissed if no further violations occurred. If the violator is found guilty and still fails to abate the violation, Code Enforcement will contract for the property to be cleaned and the property owner will be invoiced accordingly. An owner has thirty days within which to remit payment for administrative and contractor fees. If the owner fails to make payment within the allotted time, a lien is placed on the property. The current process requires that a violation exists at least seventeen days before the City can abate it. However, the process actually takes an additional ten days considering weekends, holidays, administrative review and processing, and the average three days for the contractor to complete the work. According to this process, property owners received one certified notification letter each mowing season. The mowing season is defined by ordinance as March through November. The letter advised the owner that subsequent violations observed within that same mowing season would be abated without additional notice and the owner would be invoiced accordingly. As a result of a mowing fee appeal hearing in December 2002, Council requested that a notification letter be sent to the property owner upon observation of a second violation during the mowing season and Code Enforcement implemented this change to the procedure. Contractor services are opened for competitive bidding every two years. Contractor fees are assessed in accordance with the current accepted bid. For example, under the current bid, contractor fees range from $28.00 to mow a parcel of land up to 10,000 square feet on which the grass or weeds are up to three inches in height to $52.00 to mow a parcel of land over one acre on which the grass or weeds are over three inches high. Contractor charges for the removal of trash and debris is $45.00 per cubic yard. In 2003, at Council's request, the determination of the size of a parcel was revised to consider adjacent vacant lots with the same owner as one parcel and contractor fees are calculated by adding all parcels together. The administrative fee of $80.00 is set by ordinance and has not been increased in over fifteen years. The administrative fee is not assessed unless the City initiates abatement of a violation. If the property owner abates the violation at any time during the process, no fees or other charges are assessed regardless of staff time and notification costs incurred. The current average cost to process a violation, from the initial notification to the abatement and filing of a lien, is $125.00. This estimate includes staff time, notification forms, postage, and the filing fee for the lien. According to Section 20-48, the City may abate and remove a junked vehicle as a public nuisance from private property. The City must give the owner at least ten days' notice by certified mail. The notice must state that the vehicle must be removed within ten days or a request for a hearing must be made within ten days. If requested, a public hearing before the City Council or the Council's designee must be held before the removal of the vehicle by the City. The provision in Section 20-48 that allows for screening a vehicle was interpreted to allow car covers or tarps as appropriate means of screening a vehicle from view. This interpretation is still used. Other Enforcement Responsibilities The Code Enforcement Section works closely with the Building Inspections and Planning Departments in responding to violations of the regulations related to signs and zoning or land use. Generally, when a complaint is received or a possible violation is observed, Code Enforcement Officers contact the appropriate department to confirm the violation through the existence of permits, confirmation of property lines, and allowable land uses. Upon a determination that a violation does exist, the officer will contact the owner and make every attempt to resolve the issue so that the property is in compliance before moving forward with formal enforcement action. Code Enforcement Officers perform an inventory of all portable signs to ensure they are in compliance with the ordinance. View obstructions are addressed in the same manner as grass and weeds and trash and debris. The property owner is provided notification of the violation. If it remains unabated, the obstruction is removed by either a Code Enforcement Officer or the City's contractor. If abatement is performed by the contractor, the owner is invoiced for the standard fees and, if the owner fails to remit payment, a lien is placed on the property. Complaints received regarding high grass and weeds in a drainage area are referred to the Streets and Drainage Department. If the drainage area is actually a creek not under the control of the City, Code Enforcement researches ownership and notifies the property owner of the grass and weeds violation. Code Enforcement also responds to a variety of miscellaneous complaints such as cars for sale on parking lots; car dealerships where vehicles are parked on sidewalks; solid waste complaints including residents placing their trash out for pickup too far in advance of pickup; complaints of neighborhoods blowing grass clippings into the drainage system; and stagnant water, especially in private pools. Code Enforcement Officers either follow up on the violations themselves or refer the complaints to the appropriate department. Funding Resources Approximately $20,000 has been traditionally budgeted for mowing expenses and $3,000 has been budgeted for postage of certified letters of notification to violators. At the request of the City Council last year, one additional letter of notification, at a cost of $3.13 each, is mailed during a mowing season. The increase in postage and the additional letter has resulted in over twice the postage expenses in previous years, increasing from $3,000 to over $6,000. To cover this overage, funding allocated for mowing expenses was transferred into the postage account. The unusually high amount of rainfall through the month of June will extend the traditional growing season and the number of mowing jobs contracted is projected to be significantly higher than traditionally experienced. Therefore, the Code Enforcement Section will be required to make every possible effort to obtain voluntary compliance from property owners before contracting for these services. Staff Recommendations for Improved Code Enforcement A white paper entitled Attractiveness and Community Aesthetics was submitted for Council review in January 2004. This paper contained a section on effective enforcement toward the maintenance of physical attractiveness within the community. In order to attain the desired appearance of private property, municipal governments must enact regulations toward that goal. The regulation of property appearance can be divided into three distinct functions. Legislation - Governing bodies of municipalities must make policy decisions, through the passage of ordinances and codes, regarding the desired appearance of properties within the community. · Enforcement - The enforcement of such legislation must be assigned to specific work groups and the enforcement process must be both efficient and effective. Adjudication - The legislation must be supported through equitable and consistent adjudication of enforcement action taken, whether through the filing of cases in Municipal Court or the assessment of administrative fees and property liens. The Code Enforcement staff reviewed the ordinances and procedures of other cities and State law and recommends the following ordinance revisions. The City of McKinney, Texas maintains an ordinance that allows the city to abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety or any person. Notification of abatement would be provided to the owner within ten days of abatement. The City of Dallas, Texas maintains an ordinance that requires any parcel of property of 20 acres or less to be mowed in its entirety rather than the 100 feet required by the Denton ordinance. Code Enforcement has experienced difficulty in prosecuting trash and debris violations in Municipal Court because the definition is considered vague. The City of Flower Mound, Texas maintains an ordinance that contains the following comprehensive definitions: Garbage means any kitchen refuge, foodstuffs or related material, including all decayable waste. Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, may or could cause injury, death or disease to human beings. dunk means all wornout, worthless or discarded material including, but not limited to, any of the following materials, or parts of such materials, or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperable household appliances, household electrical or plumbing fixtures, floor coverings or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperable residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios, and/or televisions not currently in use; and any other type of used and/or inoperable machinery or equipment not currently in use. Nuisance means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimental to the public health; and shall include, but not be limited to, any abandoned wells, shafts or basements, abandoned refrigerators, stagnant or unwholesome water, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuge, impure or unwholesome matter of any kind, and objectionable, unsightly, or unsanitary matter of whatever nature. The current ordinance requires a junked vehicle to be inoperable for forty-five days. A recent State law revision changed that length of time to thirty days. Therefore, City ordinance should be revised to reflect this change. The City of Carrollton, Texas maintains an ordinance that distinctly defines an inoperable motor vehicle, an inoperable vehicle and a junked vehicle as follows: Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated, or has one or more flat tires. Inoperable vehicle means a vehicle without a motor, including, but not limited to, trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated, or has one or more flat tires. Junked vehicle means a vehicle that is self-propelled and does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, and is wrecked, dismantled, partially dismantled, or discarded; or inoperable and has remained inoperable for more than thirty days if the vehicle is on private property. Carrollton's ordinance also states that an inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way and/or is considered detrimental to the safety and welfare of the general public tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is declared to be a public nuisance. The number of inoperable vehicles, inoperable motor vehicles or junked vehicles on any parcel of property is limited to two and it further requires that such vehicles must be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building, in no case shall any cover placed over a vehicle constitute adequate screening. The current enforcement process is generally inefficient and ineffective in gaining the desired compliance. Many area cities including Ft. Worth, Euless, Lewisville and Dallas do not leave a notice on the property as the initial notification of a violation. They send one certified letter to the owner and, if not abated within the specified period of time, the City initiates abatement of the violation without additional notice. For a period of twelve months after a violation, the owner receives no notice if subsequent violations of a same or similar nature are observed on the property, instead, the City abates the violation and assesses the expense of abatement against the property. Staff recommends that an initial notification, in the form of a doorhanger, be left at the property or mailed to the owners of vacant properties with re-inspection in seven days. if the violation still exists, a certified notification letter will be mailed to the property owner as listed in the tax rolls with re-inspection in ten days. If the violation still exists, the City will initiate abatement and invoice the owner for the contractor and administrative costs. If the owner does not remit payment within thirty days, a lien will be placed on the property. Subsequent violations that are observed on or before the first anniversary date of the first notice will result in the City initiating abatement of the violation without further notice to the property owner and invoice the owner for the contractor and administrative fees. Additionally, a citation will be issued for each subsequent violation. As stated, the administrative fee has not increased in over fifteen years and the estimated cost of the abatement process is $125.00. Area cities charge between $150.00 and $250.00 for administrative fees. Therefore, staff recommends that the administrative fee be increased to at least $125.00. This increase would result in approximately $4,500 in additional annual revenue. It is common practice for a municipality to file a lien on properties for unpaid administrative and contractor fees related to code violation abatement. However, as evidenced by the current liens on an estimated 800 properties totaling over $255,000, collection of these liens is difficult. The Code Enforcement Section and the City Treasury Department are working together to confirm the liens and plan to send a collection notice to all enforceable lien holders during the first week of August. Thereafter, staff plans to develop a strategy that will maximize the City's opportunity to collect these fees as efficiently as possible. Code Rangers The Ft. Worth Code Rangers is a volunteer program that works under the City's Code Compliance Department. Rangers must be 18 years of age or older and complete a comprehensive training program presented by the Code Compliance Department. Rangers must be a member of a neighborhood association and are allowed to only patrol their own neighborhoods. They are prohibited from carrying any weapons and are encouraged to patrol in pairs. Once certified, the Rangers actively patrol their own neighborhood for code violations, specifically trash and debris; front and side yard parking; front porch storage; junk vehicles; fences; and garage sales. Code Rangers are instructed not to confront violators and not to enter private property. They report observed violations to the Rangers Program staff. The Program staff then sends an anonymous "reminder notice" to the property that details the violation. The notice does list a telephone number that is answered by the Code Compliance Department. Ranger Officers maintain detailed records of violations and perform a follow-up inspection. If a violation is not abated within the allotted time, the violation is referred to the Code Compliance Officer assigned to that area for enforcement action. The benefit of the Code Rangers program is the potential increase in the City's resources through unpaid volunteers. Trained citizens can accurately identify a violation and perform the tasks of initial notification to property owners and follow-up inspections instead of calling a Code Enforcement Officer to perform those tasks. According to John Hancock, the Director of Code Compliance for the City of Ft. Worth, approximately seventy citizens, representing thirteen different neighborhood associations, have completed the required training with another eighty-five citizens, representing twenty- seven neighborhood associations, scheduled to be trained. While the program has been in existence for approximately a year, the Rangers only recently sent the first notice of a violation due to a lengthy legal review and revision of the written notice. Mr. Hancock strongly recommends consultation with existing neighborhood associations to identify interest prior to developing such a program because, if citizens are not interested in participating, the program will obviously not be effective. The Code Enforcement staff recommends soliciting local interest with neighborhood associations. If sufficient interest is received, staff would recommend moving forward with the development and implementation of this program. BUILDING INSPECTION DIVISION The Building Inspection Division is located within the Planning and Development Department. It consists of thirteen staff members who report to the Building Official. Five Building Inspectors and a Senior Building Inspector who inspect the work authorized by a building permit. One of the inspectors investigates substandard housing complains. The Senior Building Inspector also responds to substandard housing complaints. All inspectors are empowered to respond to complaints concerning building construction. Two Health Inspectors reporting to the Senior Building Inspector, who perform food service inspections, inspect public swimming pools and investigate the stagnant water, food service and other complaints. Two Permit Technicians, a Plans Examiner and a Senior Plans Examiner perform plans review. The Senior Plans Examiner primarily reviews commercial plans and is the immediate supervisor for the plan review staff. The Landscape Administrator who is in the Planning Division performs the landscape inspections and code compliance. The Building Inspection Division is responsible for four primary areas of community code enforcemeN (1) building construction (2) substandard housing (3) food service and (4) swimming pools. Code Compliance Services Building Construction - The division performs plan review and inspection services for new building construction and alterations/additions as well as responds to and investigates compliance on code violations. Standards for enforcemeN are included in the International Building Code Series, National Electric Code and the Denton DevelopmeN Code. The City of DeNon has adopted local amendmeNs to the International Codes as recommended by the North Texas Council of Governments. Erosion control is enforced at sites with active building permits. Plan review and inspections are also performed for compliance with the landscaping requiremeNs of Chapter 35.13 of the Development Code. Inspections include initial installation and follow up inspections on proper maintenance. Substandard Housing - Building inspectors inspect structures for compliance with Chapter 28 of the Code of Ordinances that establishes minimum health and safety standards for building occupancy and a formal process for investigation and classification of buildings as substandard. Most investigations are generated by complaints while other investigations result from follow up on fire damaged structures. The Community DevelopmeN DepartmeN has a major role by providing funding for demolition of substandard structures. 10 Food Service - Health Inspectors inspect food service establishments for compliance with the Chapter 13 of the Code of Ordinances that was updated this year to incorporate the latest revisions to state regulations. Our goal is to inspect each food service establishment three times a year. The division issues food handler cards to restaurant employees. In addition to routine inspections, the inspectors respond to complaints about food service establishments and also check locations for beer and wine sales permits Swimming Pools - Health Inspectors inspect all public swimming pools pursuant to Chapter 14 of the Code of Ordinances. Inspectors respond to complaints concerning public swimming pools and have enforcement power through Chapter 14. Stagnant water complaints are also investigated on a complaint basis. Calendar Year Building/Code Enforcement Activity Building Construction: Inspections Performed Permits issued Complaints Received Landscape Inspections 22,833 5,344 162 310 Substandard Housing: Current No. Of Substandard Building Cases Tenant Complaints Received Estimated Inspector Hours Per Case Houses Demolished by Community Development Average Cost of Demolition (Per the Community Development Department) 18 23 8 5 $3,500 Consumer Health: Food Service Inspections Complaints Received Swimming Pool Inspections Beer/Wine Inspections Current Stagnant Water Cases 1,527 76 466 282 10 The Planning and Development Department is a contributor to the team performing code enforcement citywide. The Building inspection Division provides a high level of service to the community in code enforcement. Our use of combination inspectors, while productive, places demands on our staff to be knowledgeable in a whole array of technical subjects. The building inspections program is almost exclusively response driven depending upon permit applications received, inspections requested and complaints received. Substandard housing cases are primarily generated by complaints. A review of this program to consider becoming more proactive in order to achieve community appearance and safety goals is in order. A neighborhood drive-by survey and other research to gauge 11 the condition of our community housing stock are being considered. An update to Chap. 28 of the Code of Ordinances to ensure that we are in compliance with the latest code changes and state laws is planned. The Consumer Health program is being proactive in our food service and swimming pool inspection efforts while also responding to complaints in a timely manner. Time management by our staff is a key to success. Keeping ordinances updated, such as the recent update to the food service ordinance, is important along with training of staff to stay current on new health information. The landscape inspections performed are the absolute minimum to ensure that required landscaping has been installed. Annual inspections to ensure ongoing maintenance of required inspections are being performed. Planning is working with the Solid Waste Division to set service standards that will improve the appearance of our community. WATERSHED PROTECTION The Watershed Protection Department is located in the Utilities Department. It was formed in 2001 to meet the requirements of the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) Phase II storm water program. The Department is responsible for monitoring water quality; ensuring compliance in municipal construction projects and municipally-owned regulated industries, including the landfill, water reclamation plant and airport; and the management of Denton's citywide municipal separate storm sewer system, or MS4 permit. The Department also provides technical expertise to the Planning Department for reviews of Environmentally Sensitive Areas (ESA) and is the coordinating department for the City's mosquito control program. The Watershed Department is afforded no regulatory authority through the Municipal Code. Incidents of non-compliance are addressed first through a cooperative effort to abate a violation. If such efforts are unsuccessful, the Watershed Department may report violations to the TCEQ or the EPA. Similarly, the Department reports observed violations related to erosion control and stagnant water to the appropriate City department and provides technical expertise if needed. The regulations of gas exploration contained in Subchapter 22 of the Development Code were recently revised. An oil and gas inspector was added to the Watershed Protection Department. This inspector is afforded some regulatory authority, including the authority to issue citations and stop work permits through the authority of the Fire Marshall. Respectfully s~ubmitted, Charles Wiley Chief of Police 12 Prepared by: Joanie Housewright Captain Operations Bureau 13