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Home My WebLink About02092010 HOUSING & NEIGHBORHOOD BRIEFING-~ >> -- ti ~ ' ~~~ .,., ,,~ ~$. ~~r ~~ r. ,_ ~ ~ti ~ r ~ , . ~r~ a :_ ~ . , Our Goals Protect the health, safety, welfare of Virginia Beach residents through the enforcement various codes and ordinances Prevent blight and deterioration Promote well-maintained, quality neighborhoods Work with resident and property owners to obtain voluntary compliance Obtain compliance through the court system, when necessary, to avoid becoming "property managers" Nuisances Overgrown grass and trash are considered nuisances as they constitute a concern for health and safety These conditions are considered nuisances in most local municipalities and many cities throughout the US. 3 History of the "Weed Ordinance" In 1976, enforcement of the "weed ordinance" was transferred from the Health Dept. to the city The ordinance became more stringent based on citizen i~ and input from other city agencies directly affected by the proper enforcement of this code (Fire, Police, Health, Vector Control, etc) The most recent changes occurred in December of 1992, after gaining citizen input at a Neighborhood Forum held specifically to discuss this code and other property maintenance codes Goal - develop a stringent, effective ordinance that will allow us to eliminate nuisances in a timely fashion 4 Current Ordinance (Sec. 23-50) Section (a) covers the accumulation of trash, garbage, litter, etc Section (b) covers overgrown grass and weeds in excess of io inches Currently, a Class Z Misdemeanor punishable by a fine of not more than ~i, o0o and not more than 6 months in j ail First time cases are dismissed if compliant prior to the court date Judges impose fines ranging from $ioo - $z5o and a short order to comply 5 2009 Statistics ~, 064 overgrowth violations were cited 4,65o trash/debris violations were cited 58~ violations were abated by contractor on vacant property at a cost of X34, 515 No violations were abated by contractor on occupied property 10o cases were taken to court and ~Z were dismissed as compliant ZZ cases where the accused was found guilty 6 cases where the accused appealed to circuit court No cases where jail time was instituted for grass or trash 6 Overgrown Grass and Weeds 23-50(b) Causes or tends to cause the following: Provides harborage and cover for rodents and vermin which carry disease Promotes blight and deterioration Property values to diminish Increases the potential for Illegal activities (trespassing, burglary, abandonment of stolen property, etc) Potential fire hazards, brush fires, and arson Increased potential for illegal dumping of trash and hazardous materials Accumulation of litter tic-,i`i tR :Fk. r! ~~,: ~P ~ Y ~~, ~~~1 ~~ ; ~ 1 y ^ ~ '~~ w~ i .. -` ~` ~_ t~ `~_ .._ N ~ , +' e. ..~ G',~< .3,~~ ' a',_ '77A. ~ 4 `~*+ W ~. " Y. at . .r~ -.: ~ }a ~` LYM1 'M U1~ ~~ ~~~~JJJ 0y~~10gt1 ~Oru)g Trash, Garbage, etc. 23-50(a) Trash, garbage, refuse, and litter which has not been legally deposited according to the provisions of the Waste Management Chapter of the city code :~, ~t~. ~ ~. _.. ~~w~ .~y.~° .o r '~ ~." ~ :~. -o.~; tiv a _ ~ - `. ., ~, '~ r ~~ . ua Norfolk Chesapeake Portsmouth Newport News Suffolk Criminal - Class Z misdemeanor; Two or more notices within iz months and it becomes a Class i misdemeanor; authority to abate and charge the property owner (~ZSo,ooo budget) Criminal -Class 3 misdemeanor (max ~50o fine); authority to abate and charge the property owner 050,000 budget) Abated by the city contractor for up to i year; charged to the property owner (~ZOO,ooo - ~300,00o budget) Abated by the city contractor; charged to the property owner (inmate workforce utilized) Civil penalty -same as proposed ~~ What Other Localities are Doing Hazardous Tree Trees located on vrivate ~ro~ert~that present a danger to property, the health and safety of persons, or to other trees or vegetation Hazardous trees are either dead, dying, diseased, or otherwise damaged Trees can kill and severely damage property i3 Current Ordinance (Sec. 23-50.1) Pertains to private property only - is not the same ordinance addressing trees removed on city property, which is a Class i Misdemeanor All inspections are conducted by a Certified Arborist Currently, is a Class 4 Misdemeanor punishable by a one of not more than ~ZSo Carries no jail time First time cases are dismissed if compliant prior to the court date Judges impose fines and can impose orders to comply iq 2009 Statistics 402 hazardous tree violations were cited ~ were abated by contractor on vacant property at a cost of $2,820 i3 cases were taken to court i case was appealed to Circuit Court 15 ~.: ~~~~ What Other Localities are Doing Norfolk Chesapeake Portsmouth Newport News Suffolk Handled as a public nuisance and can be taken to criminal court or abated by contractor No ordinance pertaining to trees on private property Addressed as a nuisance -Class i misdemeanor with authority to abate by contractor and charge the property owner Abate by the city contractor and charge the property owner No ordinance pertaining to trees on private property i8 Penalties Pro Ordinances have "bite" - simplyissuing asummons is normally enough to compel compliance Repeat offenders can be addressed properly with stringent penalties Cons None -criminal penalties have been working effectively for 30+ years 19 Experience with Civil Penalties In Zoo4, certain Waste Management Ordinances were amended to change from criminal to civil penalties. This has proved to be ineffective in gaining compliance with these violations. Many cases are dismissed or Vines reduced to Rio Processing civil penalties involves additional staff time and requires the work of multiple city agencies (Treasurer, Court Clerlc, Collections, etc) ~o Considerations Civil penalties may not be stringent enough to deter violators and repeat offenders A move to civil penalties could require the need for additional contractual abatement actions on occupied property to ensure timely compliance An Increased need for abatement funds has not been budgeted for (~io,ooo budget currently) Contractual abatement on occupied property is dangerous (often requires entering rear yards and locked gates); collection of liens is difficult z~ Our current ordinances are an effective deterrent and have worked well to eliminate nuisances and hazards for over 3o years The maj ority of non-compliant cases taken to court are complied with prior to the first court date Judges rarely impose jail time for any Code Enforcement cases An more difficult enforcement process could negatively impact our neighborhoods z~ Considerations Pz ~- __ --- ~amples of Other Criminal Misdemeanors in Chapter 23 ~ Littering -Class 1 Cutting trees and shrubs on city property -Class i Obstructing views in movie arcades -Class i Purchasing junk or secondhand items from minors -Class i Obstructing a drainage ditch -Class i Abusive use of a laser pointer -Class z Not having a siren shutoff for your home, burglar alarm -Class 3 Abusive language -Class 3 Ticket scalping -Class 3 Soliciting -Class 3 Loud Noise -Class 3 Trick or treating after the age of iZ -Class 4 Violating Curfew for minors -Class 4 Begging -Class 4 Unlawfully carrying a cane or walking stick -Class 4 +~ Sleeping in automobiles or parks- Class 4 ~ Improper vending machines -Class 4 ~3 Options Maintain the current system. Reduction to a lower class of misdemeanor with an increase to a Class z for repeat offenders where 3 or more notices of violation are issued during a single growing season Institute civil penalties zq Staff's Recommendation Maintain the current system. This has been effective and has had a positive impact on our communities Should Council choose to change these ordinances, we ask that the change become effective November i, zoio to ensure ample time is given for implementation (amending policies/procedures, updating notices/forms, and training staff) and that the procedure is not changed in the middle of the weed and grass season. a5 Thank you! Your Questions and Comments ~6