See the City Council Agenda Report below.

COUNCIL AGENDA REPORT
June 26, 2001

TO: The Honorable Mayor and City Council

SUBJECT: Amendments to Lakewood Municipal Code Property Maintenance Standards

INTRODUCTION

At it's regularly scheduled meeting of June 7, 2001 the Planning and Environment Commission reviewed proposed amendments to the Lakewood Municipal Code to improve property maintenance standards. Over the past several years it has become evident that the City's property maintenance standards need to be reinforced to take care of the property maintenance problems the City is currently experiencing.

The ordinance that the Planning and Environment Commission is recommending to the City Council for review and adoption will provide clearer and stronger language that will enable more effective code enforcement against such nuisances as: abandoned, destroyed or partially constructed buildings; unsightly accumulations of trash, rubbish, debris, cast-offs, and households items; unsightly and deficient exterior materials on our housing stock, the lack of ground cover in yard areas; deteriorated and unsafe walls and fences; missing, broken or deteriorated garage doors; deteriorated or missing driveways; unsightly storage of trash containers; and unsightly overgrown vegetation. While most of these nuisance items are addressed in the Lakewood Municipal Code in some fashion, their reference is sometimes vague and subject to broad interpretation. The proposed ordinance will provide clarity to existing regulations and new requirements where needed.

STATEMENT OF FACTS

The pride of homeownership, so prevalent in the '50's, '60's, and '70's is still alive, but is starting to erode, due to many factors. Some of those factors include, an aging population, aging homes and a small contingent of home occupants who are indifferent to property maintenance. The increasing lack of property maintenance is of constant concern and a challenge to our code enforcement personnel. To compound the problem the Code has been found to lack clarity or stop short of providing any legal means of alleviating certain nuisance problems. As a result, the City's code enforcement personnel have often found the Deputy District Attorney assigned to contract cities resistant to take on code enforcement cases and aggressively pursue compliance.

There are many areas of the Code needing clarity and strengthening. However, this first batch of proposed changes will, hopefully, eliminate some of the more problematic areas of the Code. The proposed amendments are to Section 4323 of the LMC as follows:

"A. Abandoned or Destroyed or Partially Finished Buildings. Any building which is in an unsightly condition because of abandonment or lack of occupancy for a period of one (1) year or abandoned and unoccupied for a period of sixty (60) days because of partial destruction or failure to complete construction within the time authorized by a building permit or any extension thereof."
Chapter 99 of the Building code addresses abandoned buildings; however, it does not specify how long said abandoned buildings may remain in an unoccupied or abandoned state. We've had several cases recently where homes and commercial buildings have been unoccupied for several years and have become a serious nuisance. This amendment will provide a definite time limit and make such conditions a clear violation of the Code.

"B. Unsightly and Deficient Exterior Materials. Any building which has peeling, cracked, faded, chipped, torn or missing exterior surface materials, including, but not limited to, paint, stucco, siding, shingles and roof shingles so as to make the same unsightly. "Exterior surface materials" include roofing, building walls, doors, garage doors, porches, patios, awnings, screens, windows, window frames and casements, ledges, fascias, eaves and any wood or vinyl trim."

More and more, homes in Lakewood are showing signs of neglect. This is the result of such factors as absentee ownership where there is little concern for the condition the property, an aging population that is no longer able to care for the property, and some owner/occupants who simply do not care about the aesthetic appearance of their property. The current code does not adequately address the problem of deteriorating exterior building materials such as paint, siding, stucco, roofing, or wood trim. Chapter 99 of the Building Code, defines substandard buildings as a building having substandard conditions as enumerated under Section 9904, which includes many of the exterior building conditions identified above, but "to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof..." This definition requires the condition to be so severe that the public or occupants of the home are endangered. This definition does not help us in cases of very poor building and property maintenance where it cannot be shown that the conditions are such that the occupants or the public are threatened. The proposed amendment does not require that the condition of the building exterior be endangering to life or limb before such structure can be declared a violation of Code, it need only be unsightly by for the reasons given above.

"C. Accumulation of Litter and Debris. Any accumulation of dirt, litter, debris, rubbish, trash, discarded items, including, but not limited to, discarded household items and vehicle parts, accumulated to such an extent and left in yard areas, vestibules, doorways in open view to surrounding property."

Section 4323 of the Municipal code presently addresses "accumulation of grass, weeds, dirt, rubbish, or rank growth, or other materials dangerous or injurious to the public health, safety, or welfare, to neighboring property…," but needs to be expanded to include the wording "litter, debris, rubbish, trash, discarded items in general and discarded household items," in most areas of a property. This expanded wording would more explicitly describe the accumulations of items that have been found by staff to constitute an unsightly or unhealthy condition. The proposed amendment provides the needed wording.

"D. Ground Cover. In connection with a building, the failure to maintain a ground cover in a condition to eliminate an unsightly appearance by failure of the owner or occupant to prevent erosion, excessive dust, or the accumulation of water and mud. Ground area is that area appurtenant to and non-occupied by buildings, accessory structures, walkways, pools and spas, driveways, decks or similar architectural or decorative device. Such ground areas shall be maintained with a reasonable ground cover to eliminate the aforementioned detrimental features, including, but not limited to, grass, plants, shrubs and flowers or artificial or decorative features including bark, rock, cement and other vegetation."

Code Enforcement has received many complaints concerning yards that are not being maintained or are causing a nuisance due to a lack of landscaping. Complaints received include reports of dust blowing or unsightliness. Investigation often finds a lack of any ground cover, or extremely sparse ground cover, or a ground cover consisting of weeds or dead vegetation. The proposed amendment will require some form of legitimate ground covering to prevent dust, erosion and unsightly conditions.

"E. Fences and Walls. Any fence or wall or accompanying gate which is torn, leaning or tilting in an unsafe manner, dilapidated, deteriorated, rotted or missing parts or materials thereof."

From time to time, staff finds or receives complaints concerning fences and gates that are leaning, dilapidated, rotted, or missing materials. Presently, there is no provision in the Code that addresses either unsightly or unsafe fences or gates. Nonetheless, unsafe and/or unsightly fencing and gates can constitute a nuisance to surrounding properties or endanger the occupants of the property in question or the occupants of adjoining properties. The proposed amendment will declare such dilapidated gates or fences as unsightly and a violation and, thus, must be abated.

"F. Garage Doors. Any garage access door open to public view, either from the street or alley which is inoperable, broken, lacking paint or missing visible parts or materials. Lack of a garage door where the open garage is visible from the street or alley so as to be unsightly"

Staff has responded to numerous complaints concerning sagging, bowed, deteriorated to an inoperative condition, and missing garage doors. Such conditions often present an unsightly appearance, in some cases an unsafe condition, and, at times, obstruct access for the storage of vehicles within the garage. However, there are no current provisions addressing these conditions. The proposed amendment will declare dilapidated or missing garage doors as unsightly and a violation.

"G. Deteriorated or Missing Driveway. Any driveway which is deteriorated, crumbling weed infested or lacks an adequate covering, such as, but not limited to, asphalt, cement or brick, or missing portions thereof."

Residential driveways have been found, on occasion, to be so badly deteriorated that they are virtually non-existent. Such conditions often result in weed patches and present an unsightly appearance. Section 9492.L of the Code provides standards for driveway maneuvering areas, however, it does not define when an existing driveway has become unsightly. This amendment will now define an unsightly driveway and prohibit the same.

"H. Refuse Container Storage. Any refuse container stored in the front yard or side yard and visible from the public street, except where placed in places of collection at the times and manner permitted in this Code."

The City often receives complaints concerning unsightly storage of trash containers, most notably in side yards of corner lots, in front yard areas, and in driveway areas. The Municipal Code, Sections 5332 and 5336, addresses the containers in which trash and refuse is to be stored and the time and placement of trash containers for trash pick up, but does not address where on the property trash containers may be stored.

"I. Overgrown Vegetation. Any vegetation in any and all yard areas adjacent to a building or structure which is so overgrown or lacking in maintenance to be unsightly to neighboring property or potentially, because of size and lack of maintenance, is dangerous to the public health, safety and welfare. Vegetation includes trees that, because of size and lack of maintenance or disease, may be injurious to neighboring structures and inhabitants."

The City receives many complaints concerning overgrown vegetation. A problem for Code Enforcement is in determining whether or not ground cover, plants, shrubs or trees are overgrown. Cases that appear to be legitimate are cases where vegetation has grown in such a manner as to eliminate light and ventilation to a residence (covering windows and doors) or to have grown upon roofs and exterior walls in such a manner that the weather protection materials of the residence is or will be damaged. The Code does not provide any adequate criteria with which to judge overgrown vegetation. The proposed amendment, while still somewhat subjective, will nonetheless declare overgrown vegetation, including trees, to be unsightly and a violation of Code.

The amendments as described above will serve to strengthen Code enforcement against poor property maintenance. It should also be mentioned, however, that the City's approach to property maintenance problems is not simply through Code enforcement. As the City Council is aware, other alternative programs have been made available for the elderly, handicapped, and low income families and persons. These program alternatives include the Fix up Paint up program; the no interest, deferred Home Improvement Loan Program; and, the Teens in Lakewood Care (TLC) program. These programs are meant to assist persons and families that are physically and/or financially unable to properly maintain their properties.

SUMMARY

The Planning and Environment Commission, recognizing the need to more strongly address property maintenance and preserve Lakewood neighborhoods has developed proposed amendments to the Code for City Council consideration and adoption. The proposed amendments will add clarification as to what constitutes unsightly property and will provide Code enforcement personnel with a stronger basis for gaining Code compliance.

( See the ordinance )