In an effort to ensure an optimum opportunity for public
comment, the Centennial City Council has instructed city staff to
seek feedback on several proposed changes to the city’s zoning code
and code-enforcement policies.
At the April 20 council meeting, code-enforcement manager Susie
Ellis recommended quick action on six priority issues, but the
council reached consensus that some of the proposals would require
further public comment before the council should take action.
For the most part, code enforcement covers such generally
aesthetic issues as unkempt weeds, clutter kept in clear view and
right-of-way obstructions, but public safety concerns often drive
code-enforcement policies too.
Of particular concern at this week’s council meeting was a
proposal to allow code-enforcement officers to view a potential
violation on a resident’s private property by accepting an
invitation to view it from a neighbor’s yard. Under current
ordinance, violations must be seen from a public right-of-way.
“This would not allow us to go on to a second-story deck or
somebody’s home and look through specific windows,” Ellis clarified
for council. “It would still have to be under general plain view of
someone’s backyard.”
Many on council were clearly uncomfortable with the idea of city
staff peering into residents’ backyards for aesthetic reasons not
related to public safety.
“It does get down to property values versus property rights for
me,” District 3 Councilmember Patrick Anderson said. “We’re getting
to the point where we want the government to solve our problems,
rather than knocking on the door of our neighbors.”
District 4’s Todd Miller said he would have a hard time
supporting prosecution of code violations that are not visible from
a public area, except in limited situations.
“We on council have not really crossed that line … except if
it’s imminent danger or those kinds of issues,” he said.
Ron Weidmann, the other councilmember representing the eastern,
partly rural District 4, questioned whether the city should be
entering what he perceived as the micro-purview of homeowners
associations.
“The people on the east side who don’t have homeowners
associations that do most of these things that you’re talking about
may want to live there because they don’t have homeowners
associations,” he told Ellis.
Still, other councilmembers, including District 3’s Rebecca
McClellan, had no problem with stepping up code enforcement by
allowing officers to view violations from a neighbor’s yard.
“I am a little bit uncomfortable telling someone who’s losing
the quiet enjoyment of their real estate that we can’t do anything
at all for them when it’s so observable from their own backyard,”
she said.
District 1 Councilmember Betty Ann Hamilton [formerly Habig]
agreed, emphasizing that the public would still have opportunities
to weigh in on the proposed changes.
“I think you’ve taken a measured approach and one that allows
this council time to really chew on each piece and allows input and
commentary from citizens. I don’t see this as intrusive,” she told
Ellis.
In the end, though, the council reached consensus that still
more public comment should be solicited on the entire package of
proposed changes before the city initiates even preliminary action
on the code-enforcement changes.
Ellis was instructed to present her proposed revisions at
regular district meetings conducted by councilmembers and to such
community organizations as the Centennial Council of
Neighborhoods.
Other proposed revisions include the following:
Vehicles could not be parked on lawns and would have to be
parked on such impervious surfaces as concrete, asphalt or
gravel.
“Staff does receive complaints about vehicles and trailers
parked on the lawn and concerned citizens are often surprised to
learn that the city does not prohibit this type of activity,” Ellis
said.
The definition of “stockpiling” would be expanded to include not
just junk and debris, but also large, visible numbers of such items
as bicycles and lawn mowers in a “quantity not customarily
associated with residential properties.”
“When we approach the person in violation, they inform us that
all the [eight] lawn mowers work,” Ellis said. “They use them all,
one one week, one another week. But it really does not match the
residential character of the neighborhood.”
Stockpiling of firewood would be limited to one cord in more
densely populated neighborhoods with smaller lots. Property owners
would be required to place the wood in an area screened from public
view.
Property owners would be required to remove and prevent
obstructions to bordering rights-of-way, including vegetation that
interferes with streets and sidewalks.
“This, of course, is a big safety concern throughout the
community as it forces pedestrians to walk out into the street and
motorists to swerve into oncoming lanes,” Ellis said.