City Council

Mayor Mark S. Nexsen Lake Havasu City Vice Mayor Don Callahan Lake Havasu City Police Facility Councilmember Crystal Alger 2360 McCulloch Blvd North Councilmember Dean Barlow Councilmember Donna Brister Work Session Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Councilmember Jeni Coke Councilmember David McAtlin City Council Tuesday, March 11, 2014 4:00 PM Work Session Pursuant to the Americans with Disabilities Act (ADA), Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities and services to all persons with disabilities. If you need an accommodation for this meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation may be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Call to the Public” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. 1. CALL TO ORDER Mayor Nexsen called the meeting to order at 4:00 p.m. 2. PLEDGE OF ALLEGIANCE The mayor led in the Pledge of Allegiance. 3. ROLL CALL Present: 7- Mayor Mark S. Nexsen, Councilmember Dean Barlow, Councilmember Crystal Alger, Councilmember Donna Brister, Vice Mayor Don Callahan, Councilmember Jeni Coke and Councilmember David McAtlin 4. CALL TO THE PUBLIC There were no requests to address the Council. 5. PUBLIC HEARINGS 5.1 ID 14-0153 Code Enforcement Discussion Mayor Nexsen said the discussion tonight is regarding code enforcement and what the City would Lake Havasu City Page 1 City Council Work Session Minutes - Final March 11, 2014 like is to hear suggestions and input from the public regarding what they would like to see happen with code enforcement. He said the primary reason for this discussion tonight is because the City continues to receive more comments about code enforcement issues, and requests for more code enforcement and not less. He reiterated that tonight the City Council would like to get a sense from the citizens on what “more code enforcement” means and what direction citizens would like to see code enforcement go. Community Services Director/City Engineer Greg Froslie said this would be a general discussion about code enforcement to explain how the City handles certain code enforcement complaints and to receive ideas from the City Council on how staff can improve the City’s existing process for code enforcement. Mr. Froslie provided a slideshow presentation outlining the following: • City’s current code enforcement process – reactive versus proactive, personal interaction • 30-day compliance timeframe • City’s Goal – to work with violators to obtain compliance • Noncompliance = prosecute • Current staffing levels • Current workload • Proposed staffing levels for Fiscal Year 2014-15 • Pictures of two residential properties with previous code enforcement issues; one that goes back to 2004 and another that goes back to 1992, both are now in compliance Mr. Froslie said there were two specific code enforcement issues the City Council requested specific agenda items for in the future: 1) vehicles parked in front yards, which is more of a zoning regulation, and 2) burnt-out houses, which is more of a nuisance or property maintenance regulation. Mr. Froslie said in regards to vehicles parked in front yards, the City Code does not regulate quantity although the vehicle must be operable and registered. He said he researched other areas and many, like Phoenix, regulate parking in front yards through their zoning code. Mr. Froslie said he liked the City of Goodyear’s because it is very direct and states, “No vehicle will be parked in a front yard, except on an authorized driveway.” He said one suggestion could be, “Any vehicle parked in a front yard shall be operable, registered, and located on approved surfaces only.” Mr. Froslie said one would think this may solve the issue; however, it could create additional enforcement issues, people may pave their front yards, and create issues related to parking in the right-of-way and parallel to the street. Mayor Nexsen asked Mr. Froslie for the number of homes in Lake Havasu that do not have paved driveways, to which Mr. Froslie said he did not know the exact number of homes at this time. Councilmember Alger asked if paving front yards would create drainage issues, to which Mr. Lake Havasu City Page 2 City Council Work Session Minutes - Final March 11, 2014 Froslie said yes, it would definitely increase runoff. Councilmember Callahan said one of his major concerns is on corner lots where cars and boats are parked on both sides of the house, to which Mr. Froslie said that is not currently addressed in the City Code, but language can be included in the City Code to address corner lots. He said as we move forward in the General Plan re-write, the City will form a task force committee to assist with the zoning and code enforcement piece. Mr. Froslie noted that with burnt-out houses the typical complaint is that the structure is not secure. He said code enforcement will begin by contacting the homeowner to secure the house, which satisfies the complaint in the system and the City’s involvement ends. Mr. Froslie said homeowners in these cases are typically waiting on their insurance before they are able to restore the building. He said there are cases where nothing happens and the home sits for years. Mr. Froslie said Arizona Revised Statutes has a process for house abatements that is actually mirrored in Lake Havasu City Code Section §8.09.080. He said this sets forth the process and requires notification to the owner and the opportunity to comply. Mr. Froslie said this process also requires that a public health and safety hazard be established. He said in some cases, what the City finds is that the homeowners disappear and there are no forwarding addresses or phone numbers. Mr. Froslie said another thing that needs to be considered is who actually establishes that a public health and safety hazard exists; is it the code enforcement officer, building official, fire marshal, or an independent engineer. Mr. Froslie said there are other options that the City is exploring through the property maintenance code; however, without a homeowner to work with or a judge allowing the City to remove or abate the property, the City has to decide whether they want to move forward with abatement utilizing tax dollars without a lien on the property with no way to recoup the costs. Mr. Froslie listed some of the most common code enforcement complaints including: • Home-based businesses • Junk accumulation on property – auto, litter, debris • Outdoor lighting Mr. Froslie outlined the following potential code enforcement process: • Commit to a more proactive enforcement process • Revise notice of violation letter to include more information about the process and the consequences of failure to comply • Team with a member of the legal staff to motivate violators with notice from legal • Revise process to include utilizing a court appointed mediator or hearing officer • Explore the use of trustees as resources to efficiently and economically abate code violations • Establish a civil citation procedure that includes a fine; similar to a traffic ticket or fine for Lake Havasu City Page 3 City Council Work Session Minutes - Final March 11, 2014 littering Mr. Froslie noted that the City currently has a contract with Clarion and Associates to update the General Plan as well as revise the development code, which provides a unique opportunity to improve the code enforcement process. He said in doing this the City will be able to develop the language needed to support the new process. He reiterated that the City will be forming a task force to help the City with the revisions in the development code, and added that the City would like the task force to contain a cross section of the community. Mr. Froslie noted that the first General Plan public hearing is scheduled for April 1st to identify actual stakeholders, and an interview with Clarion and Associates is scheduled for March 31st. Councilmember Coke asked if there were any citizen concerns or complaints regarding maintaining undeveloped lots or vacant property, to which Mr. Froslie replied that the City does receive complaints about weeds on undeveloped and developed property. He said the City does not actively pursue those complaints with code enforcement; however, the Fire Department may step in if they are a safety or fire hazard. Mayor Nexsen stated that he would like to open the public hearing. He said many citizens are going to be inclined to describe the complaint in detail, which is fine, but he would also like to hear what they would suggest to make the process more effective. He said for example if citizens believe there is a business running out of a home in their neighborhood, then he would like to hear suggestions on what they would do to give the City more “teeth” as far as code enforcement. He said there are going to be people who would like to see very proactive code enforcement and then there are going to be others that want absolutely no enforcement. Mayor Nexsen said it really is a balancing act and hopefully somewhere in the middle is where the City can end up. Mayor Nexsen said the biggest code enforcement complaints that he hears about are: cars and boats parked all over the property, furniture and weeds and other nuisances throughout the yards, businesses running out of homes, and habitable structures. Mayor Nexsen reiterated that the City Council would like to hear suggestions from the citizens on the length of time, penalties that should be assessed, the number of code enforcement officers, and any other helpful suggestions. Mayor Nexsen opened the public hearing. Ms. Irene Levett, resident of Lake Havasu City for 10 years, addressed the Council and said that she and her husband were in favor of a proactive code enforcement process. She said she was in attendance to discuss an issue regarding dog feces in neighboring yards which is becoming a serious problem. She said there are hundreds of piles of dog feces causing a serious health issue for Lake Havasu City Page 4 City Council Work Session Minutes - Final March 11, 2014 the animals and the neighbors. She said between the smell and the flies the situation has been terrible. Ms. Levett said animal control and the City have been very receptive to their situation; however, the problem is that when someone is able to come out there is no one home. She suggested possibly having a code enforcement officer on duty during the evenings, nights, and weekends to handle these types of problems, and would also like to see random checks. Ms. Levett added that penalties for noncompliance should be assessed whether it be removing the animals or fining the homeowners. Mr. Mike Shannon, resident of Lake Havasu City, addressed the Council and said he lives on the same street as the two-story house that was shown during the slideshow presentation. He said he and his neighbor helped clean up that particular house, which was in noncompliance for years. He wanted to thank the City and code enforcement for their assistance as well. Mr. Shannon said he would be willing to help the City in any way possible to help with code enforcement. Mayor Nexsen said there is a balance of power because you do not want to give people too much power and have the owner feel like their property is being taken away but then you do not want to see an unfinished or burnt-out house sit for years. He asked Mr. Shannon if he had any suggestions on how the City could have done things differently with respect to the home on his street, to which Mr. Shannon said he did not have any suggestions but felt that the City did a good job. Mr. Bob Lunn, resident of Lake Havasu City and neighbor of Mr. Mike Shannon, addressed the City Council and said he lived in a community in Michigan for many years that was very proactive with code enforcement. Mr. Lunn said he was actively involved in their code enforcement and explained the process in Michigan. He added that he favors proactive enforcement and believes that the City needs to create a separate set of ordinances for landlords renting out properties. Mr. Don Bergen, resident of Lake Havasu City, addressed the City Council and said he believes there are very few people who really know the City Code. Mr. Bergen said he strongly supports assignment of an infield code enforcement officer. He said when he moved here 25 years ago the City had three officers assigned to code enforcement, and currently there are none. Mr. Bergen said zoning codes are law and should not require a complaint for compliance. He asked why the Planning & Zoning Commission has not been a vital part of the General Plan update. He said the General Plan is required to be updated every 10 years in accordance with Arizona Revised Statutes; however, the last update was in 2002 which was 12 years ago. He urged the City Council to assign one infield code enforcement officer and to also make the Planning & Zoning Commission part of the General Plan Advisory Committee for full public input. Mayor Nexsen stated that the reason the City has not updated the General Plan since 2002 is because the State gave cities and towns until 2015 due to the bad economy and recession. Ms. LaJuana Gillette, resident of Lake Havasu City, addressed the City Council and said she made Lake Havasu City Page 5 City Council Work Session Minutes - Final March 11, 2014 a special effort to be at tonight’s meeting because although she was not in Lake Havasu 16 years ago prior to the process being complaint driven, there used to be a person driving around looking for code violations and citizens did not like that. Ms. Gillette said she would like the City to maintain the current policy of complaint driven; however, she said she believes there needs to be a fulltime officer taking those complaints. Mayor Nexsen noted that years ago the citizens did not want code enforcement to be proactive. He said realtors will tell you that a home typically turns over every three to five years and that is why the City Council would like to have this discussion again, to determine whether the citizens want a proactive or reactive code enforcement process. Ms. Laura Smith, resident of Lake Havasu City, addressed the City Council and said she served on the Planning & Zoning Commission in the past and holds a different opinion than Mr. Bergen. Ms. Smith said she believes the code enforcement problem comes down to personnel. She noted that the City could close out close to 100 percent of the cases with one fulltime code enforcement officer. Ms. Smith said if the City decides to move to a proactive code enforcement process she feels the term “proactive” needs to be defined. Ms. Smith said she does not like the idea of someone driving up and down the street looking for code violations. She said the City will need to determine what side of town the code enforcement officers will start, and what code violations they will be looking for or will they be looking for anything. Ms. Smith said everyone will have a code violation of some sort. Mayor Nexsen clarified that the term “proactive” is the opposite of “reactive” and the City will not only follow up with complaints but the officers will also have the ability to follow up with the violation. Ms. Smith said her other question is who will decide the interpretation; the City Engineer, Senior Planner, or City Manager. She said when this issue becomes a political charge issue with several interpretations, which way will it be interpreted. She said one example is the carport issue. She asked what happens when the person who does not get cited is a City councilmember, or prior City councilmember, or employee of the City, how does the City explain why it was missed. Mayor Nexsen asked Ms. Smith for her suggestions on code enforcement. Ms. Smith suggested that the City hire a fulltime employee for code enforcement. Mayor Nexsen asked Ms. Smith if she was implying the City needed only one person or more than one person, to which Ms. Smith said after hearing Mr. Froslie’s presentation she thinks it could be handled with one person because there is only a part-time person now. Mayor Nexsen said that only really gets a portion of the complaints handled because the City has a lot of complaints that are incredibly difficult to deal with. He said one example of this is businesses in homes that are very good at hiding what is really going on. Lake Havasu City Page 6 City Council Work Session Minutes - Final March 11, 2014 Mr. Cassens said with respect to overzealous policing of the codes and neighborhoods, this is the third or fourth discussion regarding code enforcement that has been brought forward in his 13 years with the City. He said in years past the issue was that the code enforcement officers were a little too aggressive and moved from a proactive to a reactive program. He said due to the recession the program has gone from a reactive to a “survival” mode, much like every other department within the City. Mr. Cassens added that the pendulum seems to be swinging back again and what the City needs to do is find that middle ground. He said no one would like to see an overly aggressive policing unit that is looking for every violation. Ms. Smith questioned if the City would be able to solve the code enforcement issues with additional personnel without changing the Code, to which Mr. Froslie said he feels there are definitely areas in the Code that need to be revised to make enforcement easier. Mr. Froslie added that code enforcement only became part-time about three weeks ago. Ms. Vicky Warner addressed the City Council and asked if the code enforcement task force would involve in-house members only, to which Mayor Nexsen said no, the General Plan has several public hearings but also the City Council has given direction to develop a task force committee for citizens to become a part of. Ms. Warner asked if the task force meetings would be open to the public, to which Mayor Nexsen said some would be public hearings and other meetings would be working meetings. Ms. Warner said she was in favor of a complaint driven code enforcement process and part-time person. Ms. Warner asked if the costs for code enforcement positions would be made available to the public, to which Mayor Nexsen said yes, the adopted budget is available on the website. Ms. Warner asked the City Council to consider the following questions: what is considered a front yard and driveway surface, what about setbacks, what about parking, and what about sidewalks and pedestrians. She said Lake Havasu City is considered a recreational city with people owning many toys and vehicles that they will want to park in their yards. Mayor Nexsen noted that the item tonight is open for discussion and nothing has been decided. Mr. Chip Cousens addressed the City Council and asked if the City had a noise ordinance because he is a winter visitor living out on the Island and the noise from the hotels, in his opinion, is far too loud. Mayor Nexsen said the City does have a noise ordinance. Mr. Norman Halfpenny, resident of Lake Havasu City, addressed the City Council and said there are certain individuals on his street who are in violation of the City Code as he believes they are conducting business out of their home without a City license. He said he is concerned that this is a safety and health issue because there are hazardous fluids, gasoline, and other items lying around the yard. Mr. Halfpenny said he feels the City should be forced to take care of problems like this. He said it is his neighbor’s opinion that he falls under a “grandfather clause” that exempts him Lake Havasu City Page 7 City Council Work Session Minutes - Final March 11, 2014 from any new changes, which Mr. Halfpenny said he believes is not true. Mr. Halfpenny suggested that local real estate offices be a part of the education process and hand out code and permitting information to future homeowners. Mayor Nexsen said he was not aware of any “grandfather clause” like the one Mr. Halfpenny’s neighbor made up. Mr. Cassens said “made up” would be a correct statement in this case. Mr. George Link, resident of Lake Havasu City, addressed the City Council and said he was in favor of a complaint driven code enforcement process. He said he feels most people will comply with ordinances if they are aware of them. Mr. Link suggested for things like feces problems, weeds, or abatement the City should notify them of the violation and give them so much time to correct it. He said if the problem is not cured then the City should do the work and bill them or put a lien on the house. Mr. Link suggested that the local merchants help educate the citizens on what products comply and do not comply with the City Code. Mr. Brian Riley, resident of Lake Havasu City, said the neighbors that he has fought battle with over the last several years are probably one of the really unique and complicated code enforcement cases. Mr. Riley suggested that the City have some sort of daily penalty when a conditional use permit is sought and denied and the appeal process is over. He said he believes, in that point in time, there should be some sort of penalty for non-compliance if the violation remains. Mr. Riley added that he is a firm believer in personal property rights, but he believes the Code helps preserve the value of those personal property rights for all. Mayor Nexsen said the City Council heard a lot of good suggestions from the citizens tonight about what they would like to see with code enforcement, which included: • More code enforcement officers • Complaint driven/reactive process • 30-day compliance period • Citations issued by code enforcement officers Mayor Nexsen said if the code enforcement officer was able to issue a fine could it be appealed to a judge, to which City Attorney Kelly Garry replied that she would consider it similar to a speeding ticket. She said if the City were to issue those types of citations it would be for specific violations and then that person would be presented the fine and then they could take it to the court, much like a speeding ticket, and appeal it through an appeal process. Ms. Garry added that often times the City does not need to go to a citation because a majority of the issues are things that can be taken care of. She said issuing citations to the other ones that the City has problems with is really not going to be the answer because those are the ones where the City cannot find an owner, or the City has been dealing with them for a long time and it is reoccurring. Lake Havasu City Page 8 City Council Work Session Minutes - Final March 11, 2014 Ms. Garry stated that code enforcement is really being lumped together as one when there are really three separate areas: noise and nuisances, zoning, and building. She said when the City Council is talking about timeframes there are different timeframes depending on different violations, along with State statutes, International Building Codes, and other codes. Ms. Garry said the 30-day compliance really comes from a State statute for abatement. She noted that generally when the City calls for the first time trying to make that informal compliance then you can set forth a 14 or 15-day window. Ms. Garry said the City has a lot of flexibility on the timeframe when it comes to informal compliance; however, when it switches over to a more formal process that is when you need that 30-day window. There was further discussion regarding using taxpayer dollars to clean up areas and burnt-out homes. Mayor Nexsen asked Mr. Froslie for his suggestions on how to deal with businesses operating out of homes, to which Mr. Froslie replied that the Code is clear on what is allowed and not allowed; however, the issue is the enforcement part. He said code enforcement officers are not the police and cannot walk around the property, knock on doors, or peak into windows. Mr. Froslie said he would suggest giving code enforcement more authority and also, like one citizen suggested, maybe notifying code enforcement when business activity is occurring. Ms. Garry added that one of the major problems with dealing with violations of home-based businesses is not just the claim that it exists, but that you have to prove it to the level of prosecution. She said it is not enough to go before the judge and say this person is violating the law. The City has to establish that record with testimony and evidence to prove to the court that this violation is occurring. Ms. Garry said this is where the City is getting hung up and not able to gather all of the evidence that we need or at least rise to the level that the prosecutor feels comfortable taking it forward. Ms. Garry said it is not that there is a problem with the City Code; the issue is just creating the file to bring it to the level to prosecute it. Mayor Nexsen said to stop property owners from working on vehicles or other things in their yard the City could possibly add language that if you are working on a vehicle it must be in a garage behind closed doors. Ms. Garry replied that she believes the City Code currently states that a home-based business must be completely contained within the residence and in the garage, to which Mayor Nexsen replied that was correct; however, the problem is people claim that what they are doing is a hobby not a business. There was further discussion about vehicles purchased for home-based businesses, mobile businesses, and hobbies. Lake Havasu City Page 9 City Council Work Session Minutes - Final March 11, 2014 Mr. Froslie noted that the City would not issue a business license to a business that violates the development or nuisance code. He said the City issues the licenses based on what is on the application; therefore, if the activity is something different than what the applicant submitted on their application, the City would not know about it until a complaint is received. There was discussion regarding whether a parked tow-truck carrying a vehicle in front of a home would be in violation of the City Code. Mayor Nexsen said he thought tow companies were supposed to have a yard, and that yard should not be defined as someone’s front yard. Mr. Cassens said he believes the City Code references a specific weight class of vehicle but he does not believe it references whether a vehicle being towed on the vehicle would be a violation. He believes it is not the combined weight rating but the weight rating of that particular vehicle that the City Code addresses, so technically it would not be a violation but probably should be. Councilmember McAtlin said he thinks everyone agrees that being more efficient is the key. He added that many of the code violations discussed tonight need to be looked at entirely separate and not a “one size-fits-all” code enforcement. Councilmember McAtlin said he felt code enforcement needed to be evaluated on different levels especially when it comes to burnt-out buildings and home-based businesses. There was further discussion regarding home-based businesses and the different uses. Mr. Dean McDonald addressed the City Council and said many of the home-based businesses create a serious safety issue. Mr. McDonald said his neighbor has two large excavating trucks with trailers and backhoes that drive up and down the street with an elementary school nearby. He said he feels it is a safety issue when you have commercial business in a residential neighborhood. Mayor Nexsen said he receives more complaints from citizens about code enforcement issues than any other issue. He believes there is a need for a citizen’s task force and public hearings regarding code enforcement. Mayor Nexsen recapped the suggestions the City Council heard from the citizens in regards to what they would like to see happen with code enforcement: • More code enforcement officers • Complaint driven/reactive process • 30-day compliance period • Citations issued by code enforcement officers Mayor Nexsen said he would really like to see two code enforcement officers, with at least one Lake Havasu City Page 10 City Council Work Session Minutes - Final March 11, 2014 dedicated full-time officer. Mr. Cassens said his take away from tonight’s discussion is that the City needs one full-time dedicated person for code enforcement, but it needs to be the right kind of person who is effective and friendly but also forceful to carry that position. Mayor Nexsen said he agreed with Councilmember McAtlin’s comment that there are different levels of code enforcement that need to be addressed and dealt with separately. Councilmember Alger asked if there was a way the City could help protect the property owners who receive those repeat complaints, to which Mayor Nexsen said the City tries to have the neighbors talk to each other instead of filing a complaint. Mayor Nexsen added that, especially with small violations, the City really tries to be very reasonable and give them the 30-day period to comply. Mr. Cassens said there are also a lot of calls received that are basically neighbor disputes, and they use the City as a weapon to punish their neighbor. He reiterated that it is going to take a special person to mediate these types of complaints and repeat violations. Mayor Nexsen thanked the citizens for their suggestions and input. He added that this process is going to take time, as it is being done as part of the General Plan update, and there will be more public hearings in the future. 6. ADJOURN Upon motion by Councilmember Barlow and seconded, the meeting adjourned at 5:42 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Work Session Meeting Minutes of the Lake Havasu City Council held on the 11th day of March, 2014. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk Lake Havasu City Page 11