City ponders code changes to comply with state law and streamline enforcement - Tehachapi News

A year-long effort to ensure certain city codes comply with the latest state law — and streamline enforcement — is nearly complete.

Three proposed ordinances collectively address a wide range of matters including (but not limited to) abandoned and nonworking vehicles, barking dogs, dangerous trees, graffiti abatement, sleeping in vehicles and urinating or defecating on public property.

If adopted by the Tehachapi City Council, they will give that body subpoena power to collect information needed to enforce the municipal code. And the ordinances spell out in great detail the steps the city may take to that end, including holding property owners or other individuals financially responsible for correcting problems, including court costs and attorney fees.

The California Constitution allows cities and counties to make and enforce local, police, sanitary and other ordinances and regulations not in conflict with general laws. The Tehachapi Municipal Code is the repository of local regulations.

Three ordinances to update the TMC had a first reading at the Nov. 15 meeting of the City Council. They were all approved with a 4-0 vote (Mayor ProTem Michael Davies was absent) and will likely be adopted at the council’s next meeting.

Police Chief Kent Kroeger provided staff reports to the council for each of the ordinances, with additional information presented by Valerie Escalante of the firm Silver & Wright, outside counsel employed by the city to review the code and prepare the proposed changes. Code enforcement is among the police chief’s responsibilities.

The ordinances as presented are not yet numbered.

The first relates primarily to code enforcement, cannabis, public nuisances, weed and rubbish abatement, abandoned or inoperative vehicles, subpoenas and other related provisions.

The second relates primarily to code enforcement subpoenas, permits, graffiti and other related provisions.

The third regulates activities that impact public health, safety and welfare and clarifies prohibitions on sleeping in vehicles on public land as well as adding a chapter to incorporate regulations in city parks, regulate sidewalk vendors, reduce the occurrence of false alarms and add chapters prohibiting public drunkenness, urination and defecation.

Among the changes in city code needed to comply with current state law is to establish a process for a hardship waiver for second and third fines assessed by the city for building and safety code violations where the responsible party shows a bona fide effort to comply but also claims an undue financial burden.

Appeal procedures, including administrative hearings, are also outlined.

The ordinance addressing graffiti authorizes the city to make a lien or special assessment against the property of a parent or guardian who has custody of a minor who defaced property if the city was forced to incur the expense of abatement for such defacement. The expense may include court costs, attorney's fees, the cost or removal of the graffiti and law enforcement costs to apprehend the minor.

Escalante said the ordinances will allow city staff and the public greater clarity about the regulations and mechanisms for enforcement.

There was little discussion of the ordinances at the Nov. 15 meeting, with only one member of the public commenting.

Pastor Chris Sparling of the Tehachapi Church of the Nazarene said that he was concerned about the impact on people who have lost jobs and have no place to sleep except their vehicles.

Kroeger said police work with the Salvation Army and local churches to try to assist people in those situations. There are no homeless shelters in Tehachapi.

The city already prohibits sleeping in vehicles including house trailers, motorhomes and campers on any public street or public or private parking lot of any unimproved lot within the city. The only exception is where property owners have obtained a conditional use permit from the city.

Under current regulation, the first violation constitutes an infraction and the second constitutes a misdemeanor. The proposed ordinance greatly expands this section of the municipal code from three paragraphs to a page and a half with explicit definitions and legal caveats.

The prohibition is now limited to between the hours of 9 p.m. and 6 a.m. on any public or private street, parking lot, or unimproved vacant lot or at any time within a one-block radius of any edge of a lot containing a park or licensed school, preschool, or daycare facility within the city. The potential for a property owner to obtain a conditional use permit is still included.

Violations of the ordinance will result in fines of not less than $25 for the first violation, $50 for a second violation and $75 for any subsequent violations. Violators may also be charged with a misdemeanor or infraction at the discretion of responsible officials.

An addition to the municipal code in the third ordinance prohibits the storage of personal property in public places and addresses storage and reclamation.

Another addition makes it a misdemeanor to remain in any city park between the hours of 10 p.m. and 6 a.m. on the following day, except for approved organized activities. Parking during overnight hours and use of alcoholic beverages, narcotics or dangerous drugs in city parks at any time, except by permit from the city (such as during events), is prohibited.

The proposed ordinances are included in the agenda packet for the Nov. 15 meeting available online at https://bit.ly/2Z7YnsM. The next regular meeting of the council is expected to be on at 6 p.m. Nov. 29. Agenda information will be available at https://liveuptehachapi.com/AgendaCenter.

Claudia Elliott is a freelance journalist and former editor of the Tehachapi News. She lives in Tehachapi and can be reached by email: [email protected].

source: https://www.tehachapinews.com/news/city-ponders-code-changes-to-comply-with-state-law-and-streamline-enforcement/article_abcb5210-4af7-11ec-b720-e71a8492357f.html

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