Within the last few years, some concern has been expressed by and to the City Council that the current standards, or the lack thereof, applicable to property maintenance, graffiti abatement, and off-street parking of accessory vehicles may need to be reviewed for the purpose of potential additions or modifications, and to ensure the City’s standards are enforceable. The intent of this staff report is to provide a brief overview of current standards, outline the challenges faced by the enforcement authority required to enforce the standards, and give a brief overview of some potential opportunities for change should the City Council determine such is reasonable and necessary.
Many factors negatively affect the appearance and sustainability of neighborhoods including, but not limited to, the lack of property maintenance, keeping and maintaining graffiti, and the parking of accessory vehicles. Creating standards to reduce these types of physical conditions and behaviors on properties will ensure the sustainability of the neighborhoods as the structures and properties begin to age. In addition, creating standards that are clear to the residents and consistently enforceable by the enforcement authority assists in educating residents and to decrease the time the unlawful condition may exist.
Many jurisdictions create property maintenance codes to specify conditions that are considered a public nuisance. These conditions are normally summarized and may refer back to other chapters within the municipal code that is more specific to the condition in general. Moreover, centralizing nuisance conditions within the municipal code provides direction and focus for the enforcement authority required to enforce these standards.
To understand what challenges and opportunities for change are available to the standards that are applicable to property maintenance, graffiti, and the parking of accessory vehicles, it is incumbent to understand the purpose of these standards.
Current Standards - Rocklin Municipal Code (RMC) Title 8, Chapter 8.04 – Property Maintenance
Property Maintenance, defines and regulates private property being maintained or allowed to be maintained in an unlawful condition to include, but not limited to, maintaining overgrown and dead vegetation, storage of junk and debris, vehicles or homes in a state of disrepair, and broken windows. These types of conditions found on properties are considered unlawful and a nuisance within the Property Maintenance chapter.
Challenges
The Property Maintenance chapter creates some challenges in regards to City staff who are authorized to enforce this chapter, where City staff is approved to view or verify an allegation of an unlawful condition on a property, and what is the full intent of some of the summarized unlawful conditions within the chapter that may be construed as subjective. Also, it has been brought to the attention of City staff that there is a lack of unlawful conditions regarding major automobile repair or a private property used as an auto service shop. Lastly, the chapter does not currently have a mechanism to alert unsuspected home buyers or lenders that pending enforcement action regarding unlawful conditions are present on a given property.
Opportunities
The Property Maintenance chapter was initially adopted in 2002 and sections were repealed in 2018. This may be a potential opportunity to direct staff to review the chapter and initiate amendments to make the standards clearer, and to resolve current challenges. In addition, new chapters within the RMC have been created that closely relate to sections within the Property Maintenance chapter that could reference these new chapters as a part of the standard.
Current Standards - RMC Title 9, Chapter 9.32 – Graffiti Abatement
The Graffiti Abatement chapter, defines and regulates graffiti abatement, including but not limited to, the possession, sale and purchase of graffiti implements, penalties for violations, and authority to remove.
Challenges
The Community Development Department’s standard condition of approval for graffiti removal that is applied to projects receiving land use entitlements requires graffiti to be removed within a 72-hour time frame, but the current RMC language does not specify a 72-hour time frame. In addition, there is no provision in this section of the RMC for the property owner to contact the Police Department prior to removal of graffiti (as there is in the standard condition of approval for graffiti removal that is applied to projects receiving land use entitlements). Lastly, there is a standard that represents a potential fiscal challenge that requires the city to abate graffiti on private property at the request of the owner.
Opportunities
Initiating amendments to this chapter would facilitate consistency between conditions of approval issued to projects receiving entitlements and standards of this chapter.
Current Standards - RMC Title 17, Section 17.08.130 – Off-street parking of accessory vehicles
Off-street parking of accessory vehicles, defines and regulates the use and parking of accessory vehicles, including but not limited to, prohibitions, exceptions to the prohibitions, and what constitutes a violation. This section allows for temporary parking of accessory vehicles not to exceed forty-eight hours within the front and street side yard setback for the purposes of loading, unloading, cleaning and general maintenance. Moreover, this section prohibits storage of accessory vehicles on the public street, front and side yard setback when the vehicle is parked for more than nine consecutive or intermittent days in a 30-day time-frame within 1,000 feet of the property line.
Challenges
Within the last few years, City staff have received a steady increase in complaints regarding the storage and parking of accessory vehicles. This section is very difficult to interpret to the community, difficult to enforce and requires an unreasonable amount of City staff’s limited resources. Most of the standards are limited on enforcement due to multiple exceptions to the standards. For example, if City staff receives a complaint that an accessory vehicle is being stored on the street and the accessory vehicle is in excess of 1,000 feet of the property line, the current section cannot be used to enforce that given scenario. This type of exception to the standard creates confusion for both complainants and accessory vehicle owners. In addition, if in that same scenario the accessory vehicle is parked within 1,000 feet of the property line, City staff will at minimum be required to monitor the vehicle daily for 10-30 days.
Opportunities
Initiating amendments to this chapter would assist enforcement efforts in the community, and would assist in definitive standards that would be more easily interpreted and understood. Potential amendments would not change the original intent and purpose of this section, rather, the amendments would be drafted to clarify the intent and purpose and reduce staff time required to document a violation on a given accessory vehicle.
As required by RMC Title 1 – Zoning, amendments to this section and this section only, would be presented and reviewed by the Planning Commission for recommendation prior to bringing the proposed revisions to City Council for action.
Based upon the above discussion, staff offers three options to address this issue:
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Initiate amendments and to provide such amendments in reviewable form and final form in a public hearing. The City can adopt a Resolution of Intent (see attached Exhibit) to Initiate an Amendment to the Rocklin Municipal Code Regarding Standards Applicable to Property Maintenance, Graffiti Abatement, and Off-Street Parking of Accessory Vehicles.
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Direct staff to initiate amendments in part and specify which part to initiate amendments and to provide such amendments in reviewable form and final form in a public hearing. The City Council can choose to direct staff to initiate some but not all of the recommended amendments to the Rocklin Municipal Code Regarding Standards Applicable to Property Maintenance, Graffiti Abatement, and Off-Street Parking of Accessory Vehicles.
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Do Nothing. The City Council can choose not to initiate the amendments and retain the current standards applicable to Property Maintenance, Graffiti Abatement and Off-street Parking of Accessory Vehicles.
Recommendation: If the City Council is inclined to initiate amendments to the current standards, staff recommends Option A as it would address the current challenges faced by the enforcement authority due to the existing standards, or the lack thereof, in the RMC and it would provide transparency and a reviewable document to track proposed amendments to the existing standards.