Ordinance 1st Reading - 7/0
Ordinance 2nd Reading - 6/0 (Councilman Neary was absent)
On July 2, 2019, the City Council gave consent for staff to research and proceed with a proposal to amend sections of the zoning code which address off-street parking and loading requirements as well as administration, enforcement and definitions.
The City Planning Division recognizes the improper maintenance of private parking lots and/or private right of ways or easements which are dedicated for public use has a direct bearing on health, safety, and welfare of the citizens of Gillette. Further, the improper maintenance has an impact on economic value and brings about blight, decay and decreased property values, and loss to both private and public revenues.
The Planning Division has worked closely with the City Attorney to craft language that provides the needed definitions and enforcement mechanisms to allow for notification and potential fines and abatement on private property regarding private parking lot and access maintenance.
In general, the proposed ordinance provides the following items:
1. Definitions of parking lot and access.
2. Access and parking lot maintenance requirements including but not limited to potholes; crumbling asphalt, concrete or any other surface covering and weeds.
3. Updated the Administration and Enforcement paragraph of the code to further define violations of the ordinance.
4. Updated the Zoning Administrator or authorized representative’s regulation for enforcement as follows:
a. Written notice and order to the property owner of the violation.
b. Notice and Order will state the nature of the violation, the ordinance provision violated, potential fines, penalties and abatement procedures.
c. Order provides 10 working days to contact the Zoning Administrator to discuss the violation and plan for correction of the violation.
d. At the discretion of the Zoning Administrator an extension may be granted.
5. Final notice, abatement, and appeal procedures.
6. Increase in fines from $100 for each offense to a $750 fine with each day of non-compliance with any provision of the zoning code shall constitute a separate offence.
The approval of this zoning text amendment will change the administration and enforcement for the entirety of the zoning code.
It is anticipated if approval from the City Council is obtained this Ordinance will go into effect immediately upon publication in the local newspaper. However, the City Planning Division will provide notifications to violators of the ordinance and allow for a grace period of 6 months due to the difficulty of weather and scheduling contractors for work. However temporary measures can be taken to minimize impact to residents and vehicles within the grace period. |