PowerPoint Presentation

City of Glendale — Regular Meeting (2022-09-27)

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Glendale Code Compliance 
Update
City Council Workshop September 27, 2022

Glendale Code Compliance 
Purpose Statement
2
We strive to make Glendale a safe 
and vibrant place to live and work.  
We accomplish this through effective 
communication and continuous 
education to ensure compliance with 
city codes, providing a healthy and 
desirable community for all.

Background
3
•Code Enforcement Division created in 
1980 – City Attorney’s Office
•Became a Department in 2006
•Back to a Division in 2014 – Development 
Services Department
•Moved to a Division in City Manager’s 
Office in 2019

Organization Overview
4
•22 budgeted full-time employees
–3 office support – intake, customer 
service
–11 grid inspectors – residential
–5 senior inspectors – residential Zoning, 
rental and commercial
–2 supervisors
–1 administrator

Scope of Services
5
• Glendale City Code (GCC) Chapter 24 – vehicles
• GCC Chapter 25 Nuisance
• GCC Chapter 29.1 Residential Rental
• GCC Chapter 30 Visibility Triangle/Landscaping
• GCC Chapter 32 Barriers and Enclosures
• GCC Chapter 33 Drought Management
• The Zoning Ordinance
• GCC Chapter 19 Landscaping
• International Building Code

FY 2021-22 Results
6
–15,000+ calls
–5,045 opened complaint cases
–25,000+ inspections
–9,379 resolved cases
–39% proactive cases
–1,023 weekend inspections
–135 citations or criminal filings

Most Common Violations
7
• Overgrown Weeds/Grass
• Weeds/Rubbish/Trash/Debris
• Items in Public View
• Front Yard Parking
• Abandoned Vehicle
• Dirt Front Yard
• Rental Code
• Zoning Ordinance
• Vegetation in the ROW
• Painted Surfaces

8
Civil Code Infractions
G.C.C. Sec. 13-21 through 13-24
G.C.C. 13-21(b)
“The purpose of this article is to provide, 
as an additional alternative to other 
enforcement means, for an informal, 
speedy and inexpensive process for the 
adjudication of civil code infractions, 
based upon an administrative hearing 
model, in which citizens who receive a 
civil code infraction complaint may 
obtain a prompt, simplified hearing, 
without the need in most cases to retain 
an attorney to represent them and 
without the severity of the consequences 
which might follow a criminal conviction 
for a Class 1 misdemeanor.”
• Most Common 
violations, GCC 
Chapter 25, 
Article II:
• 25-20 Property 
Maintenance
• 25-21 Land 
Maintenance
• 24-68 Vehicles
Step 1
Violation 
Occurs
• Citizen complaint
• Code Compliance or 
Police discovery
• Only apply to 
conditions visible to 
person standing at 
ground level beyond 
the bounds of the lot
Step 2
City Notified
• General practice, 
but not required 
prior to civil citation
• Notice of Violation 
7-10 days
• Final Notice 7-10 
days
Step 3
Warning

9
• Legal notice of violation
• Civil Violation: service upon defendant, 
posting on property, or sent certified mail
Step 4
Notice
• Time and place to appear provided in citation
• Defendant may admit or deny allegations
• If admitted, court to enter judgment for City and 
impose a civil sanction
Step 5
Initial Appearance
• If allegations denied, court sets civil code 
infraction hearing
• City must prove violation by 
preponderance of the evidence; Rules of 
evidence do not apply except relevancy.
Step 6
Hearing

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• If court finds for defendant, court enters judgment 
dismissing complaint
• If court find for City, court enters judgment for city and 
imposes civil sanction
• Civil sanction: not less than $20, not more than $300; 
court may suspend fine (generally done in the interest 
of justice)
Step 7
Judgment
• G.C.C. Sec. 13-24: “in addition to any monetary civil 
sanction, the court shall order the defendant to abate 
the civil code infraction, unless it has been abated by 
the date of the hearing.”
• City may record notice of civil sanction and abatement 
order
Step 8
Order to Abate
• Appeals are taken in the Superior Court
Step 9
Appeal

11
Step 1
Criminal 
Complaint
Step 2
Bench Trial
Step 3
Judgment / 
Appeal
•
Cited by police officer or 
prosecutor sworn long-form 
complaint
•
Proof beyond a reasonable doubt
•
Rules of evidence apply
•
Defendant may be entitled to Public Defender
•
Appeal to Superior Court
•
Class 1 Misdemeanor: punishable by up to 6 
months jail; $2500 fine
Two Alternatives:
Alternative 1: 
Criminal Citation

12
Step 1
Notice
Step 2
City Abatement
Step 3
Record / 
Appeal
•
Written Notice 
•
Personal service OR Certified mail to last known owner address 
AND to the same address as last tax bill 
•
Must give: 30 days for compliance; legal description of 
property;  cost to City for removal; provisions for appeal
•
Applies only to rubbish, trash, weeds, filth, debris or dilapidated 
buildings (i.e. likely to burn/collapse and condition endangers life, 
health, safety or property of public).
•
If not removed, City “may remove, abate, enjoin or cause their 
removal.”
•
City may assess cost of removal/abatement, including cost of 
additional inspection and associated legal costs.
•
Appeal to City Council
•
City may record assessment which becomes a lien “prior 
and superior to all other liens, obligations, mortgages or 
other encumbrances, except liens for general taxes.”
Alternative 2: Abatement
A.R.S. 9-499 & G.C.C. 25-36-41

Results
13

Results
14

Results
15

Results
16

Results
17

Vacant Property Enforcement
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• Arizona Revised Statute 9-499
• Requires minimum 30-day notice
• Applies to rubbish, trash, weeds, filth, debris, 
and open and dilapidated buildings
• Contractual abatement (49 in FY 2021-22)
• Bill to the owner
• Lien on the property if not paid
• Lien is priority over all liens except general taxes

Vacant Property Abatement
19

Pre-Notification Post Card
20
•Pilot Program to test effectiveness
•10-12% corrected violations during the 
first round
•15-19% corrected violations second round
•Develop systems
•Implement citywide – street by street, 
house by house inspections

Cross Departmental Coordination
21
•Community Revitalization assist low-mod 
income homeowners
•Neighborhood Services assistance
•Police – frequent coordination
•Streets
•Field Operations
•Right-of-Way
•Others

Code Challenges
22
•Fourth Amendment rights – curtilage of a 
home
•Legal interpretations of codes
•Court wins and losses
•Altercations
•Balance between hardships and 
enforcement

Code Modifications
23

Glendale City Code (GCC) 25-21 (e and f) to 
address outside storage

GCC 25-21 (g) to address grass in sidewalk 
cracks

GCC 25-21 (k) to address dead and dry palm 
fronds

GCC 25-24 (a) to address feeding pigeons as a 
nuisance

GCC 25-36 – Enforcement to address where an 
inspector can view a violation

GCC 29.1 Rental Code to establish heating and 
cooling standards

New Codes
24

GCC 25-24 (j) to prohibit feeding pigeons on 
public property

GCC 25-24 (k) to address Holiday and seasonal 
decorations

GCC 25-25 to address newspaper dispensers

GCC 25-26 to address beekeeping

GCC 25-42 added the ability to obtain a Court-
ordered abatement

GCC 25-77 added the ability to designate slum 
rental property

Code Compliance Update
25
Questions?