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Home My WebLink About02/24/2009 03C Citizen Service Request Response RE: Graffiti c • MEMORANDUM DATE: February 19, 2009 TO: Honorable Mayor and Councilmembers FROM: William Cook, Director of Community and Economic Development SUBJECT: • CED response to citizen complaint from Pam Jette - At the February 3, 2009 Yakima City Council 'meeting, Pam Jette spoke about graffiti problems in her neighborhood and also mentioned a code compliance matter concerning her residence at 702 North_ Sixth Street. Additional information regarding Ms. Jette's complaints in regard to CED are attached.. Graffiti: ONDS has responded to Ms. Jette's graffiti complaints and has painted the property approximately five times in the last several months. See attached memo from Archie Matthews for more information. Code compliance: The Code Administration Office received a complaint on August 8, 2008, regarding a six -foot fence in the front yard of Ms. Jette's residence. Attached is a memo from Code Compliance Officer Linda Rossignol that outlines the complaint and the resulting action. Photographs and other records of the case are included. • Page 1 of 1 Cook, Bill From: Matthews, Archie Sent: Thursday, February 19, 2009 9:1.3 AM To: Cook, Bill Cc: Morales, Michael; Regimbal, Tammy Subject: Pam Jette's residence at 702 N. 6th Street and Graffiti statistics Bill, per your request Pam Jette's residence at 702 N. 6th Street: ❑ ONDS has painted this property approximately 5 times in the past several months. ❑ ONDS purchased a five(5) gallon bucket of paint that matched her current color at an estimated cost of $130 ❑ ONDS has spent an estimated total of 1 �/2 hours of graffiti staff time on this location. If you have any questions or concerns regarding this matter, please feel free to contact me. Thank you, Archie M. Matthews Operations Supervisor Neighborhood Development Services 112 S. 8th Street Yakima, WA 98901 (509) 575 -6101 . 2/19/2009 • --- - -- I °'y,� a,�� DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 44. riiht; ,' 7 s , Office of Code Administration & Planning ?' 129 Nort Second Street 2nd Floor Yakima Washin ton 98901 (509) 575 -6126 h or 575 -6121 Fax (509) 576 -6576 • codes @ci.yakima. wa.us ,'1,i, Go ) � ', = MEMORANDUM DATE: February 19, 2009 TO: Bill Cook, Director of Community & Economic Development FROM: Linda Rossignol, Code Compliance Officer ),)t RE: 702 North 6 Street, Yakima, Washington Front & side yard fence complaint and resulting action August 8, 2008, the Code Administration Office received a complaint (CA- 08- 149752) regarding a six -foot fence in the front yard of the above - mentioned property. I responded as follows: • August 11, 2008 - Site inspection; I measured the street right -of -way. Curb to curb the distance measured 40', with a 25' planting strip on the south and a 23' planting strip on the east side (front). There is a sidewalk on both sides of 5'. Total front right -of -way is 0 100'. The zoning district is R -1. The zoning ordinance states: When the right -of -way exceeds 60 feet in width... the minimum front yard setback in the residential districts shall be 20 feet from the property line The fence was in violation of the zoning ordinance. I took a photograph and attempted to reach the property owner (Dean O. Wilson) by telephone (telephone number disconnected). This is a rental house. • September 3, 2008 - I mailed a friendly letter to the owner and occupants explaining the zoning ordinance and requested they bring the fence into compliance by September 26, 2008. • September 8, 2008 - Renters Pam Charles Jetty called me; I spoke specifically to Mrs. Jetty, who stated they would "contest this "; after some conversation I offered an extension of time: • September 22, 2008 — Mrs. Jetty called and stated they plan on "dropping the fence ", requested additional time. 'I granted a verbal extension to 10/10/08, and asked her to call me if they were unable to meet the deadline. • October 13, 2008 — I received a voice mail message from Mrs. Jetty stating the fence had been "dropped down" • October 20, 2008 — Site inspection; took two photos of the altered fence and closed the complaint. III Yakima 1 11 1 ® 1994 • d • Citizen Service Request CITY OF YAKIMA 000015 08 -12 -08 08:12AM • DEPARTMENT OF PUBLIC WORKS Page 1 REQUEST #: 149752 Received: 08 -08 -08 at 11:58AM lrossign - CCO REQUEST TYPE: CA - FENCE HEIGHT DEPARTMENT : 022 CODE ADMINISTRATION Reported By: ANONYMOUS NEIGHBOR Telephone: - Does Reporting Party Wish to be Anonymous ?: Y Mailing Address : , WA Incident Address: 702 N 6TH ST YAKIMA, WA 98901 Nature of Service Request FRONT FENCE IS 6 FEET IN FRONT YARD ROUTE TO: 1) CODES • REFERRED TO: 1) LROSSI.GNOL CALL BACK? - NO Date Action Taken: ROUTE NUMBER: • • • t ,. y,�''a DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT I , y s �� l,+ll % ^1 Office of Code Administration & Planning ` : 4 129 North Second Street, 2nd Floor • Yakima Washington 98901 ) ../ 1, ♦ ' r (509) 575 -6126 or .575 -6121 o Fax (509) 576 -6576 e codes @ci.yak a.' s i, 0 - 11'1,1 \ �,, ‘' _= NI • September 3, 2008 16 Dean O. Wilson 2116 South 9 Avenue - Yakima, WA 98902 Occupant Pan 4- C h a e le s T1 > y 702 North 6 Street . a 4 g_ 4I g 2q - Yakima, WA 98901 • , 5 A RE: iws • z , trier Assessot Nice Nu nber: 191318 -31407 0 , Dear Property Owner and Occupants The City of Yakima has received a concern about your property at the above - mentioned address. The concern received dealt with the height of the wood fence in the front and side yard of the subject property. Many city residents are unaware of that portion of our Yakima Municipal Code (YMC), which addresses fence regulations. The following is taken from Title 15, Site Design: 411 • In the front yard fences and walls may be placed on or behind the property line. However, no. fence or w y P P Perk' , o wall shall exceed four feet (4') in height within the required front yard setback area, except must conform . to clear view triangle standards where applicable. • In the side yard — fences and wall may be placed on or behind 'the' property line. However, no fence or wall shall exceed four feet (4') in height within the required sideyard setback area from a street. In residential districts, six feet (6') shall be the maximum height behind the required,street setback and in sideyards not bordering a street , • Within the clearview triangle — no fence, hedge or wall shall be placed in the clearview triangles established in Section 15.05.040 of this title. YMC 15.05.020 Site Design Requirement and Standards, G. No. 1, 2, and 4. • NOTE: Setback is measured from the centerline of rights -of -way. When the right-of-way exceeds 60 feet in width in the case of the 700 block of North 6 Street), the minimum front yard setback in the residential districts shall be 20 feet from the front property line and the minimum side yard setbacks in the residential districts shall be 10 feet from the side property line abutting the right -of -way. Please make alterations to the fence to meet the above zoning requirements: Please have this accomplished by no later than September 26, 2008. If you have any questions, or would like to meet with me, or a City of Yakima Planner, to . help you understand the zoning requirements for fence placement at the subject property please do not hesitate to call me at 575 - 6258, Monday through Friday, 8 :00 a.m. to 5:00 p.m. Thank you for your attention to this matter. Sin' ly, • III in, . A. Rossignol 7y- • Co • e Compliance Officer Yakima . .ricie 1994 *PO - . - • t .. i • • • • •y f -r. -. - .:. —_ • l ti . .• - '�- .'4 ! it f { y •awYKLh tit' Cf .-te . • 702 N. �p St. Six foot fence in R R -1, exceeds height in front yard setback), 8/11/08, 3:45 p.m., LR . .. • , * N . ' ,1•: :' ' ' . , .',,4 , ,i ,, $'''i , -c.. ' ;,,,, -:- • - . , „.. ' s . 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' '' ' '``-•: - 2".;' ,2 :; 4 ,..•.(..,,:' , *.-".i.e."--_.- --: . - - ' : - -. - . - '.'1.11:111110-IiiirlitilliallallISMIllig. '•-•--- --' . _.. _ .._ . . .._. _ r l 0 2 Npri(/ t.0 ' r14 S re e -E loizolo g ) I I : 3 0 a. (1/4 . F r 0 n + st l'enee Ipuieveci b\1/ £ occu_ran , a s re,t ect . 4 • 7 - • • X R :, 4rc v 'r. ak n u3w :s -� r 7 02 NO r4 (Q S E re e 10/w/og, !I. 30 a .rn . S o S rcl fen Co werecc by occu.Pan , a S re t u es ee� • Citizen Service Request CITY OF YAKIMA CC0015 02 -05 -09 03:15PM . DEPARTMENT OF PUBLIC WORKS • Page 1 IIW QUEST #: 149752 Received: 08 -08 -08 at 11:58AM lrossign - CCO REQUEST TYPE: CA - FENCE HEIGHT ' DEPARTMENT " : 022 CODE ADMINISTRATION • Reported By: ANONYMOUS NEIGHBOR Telephone: - Does Reporting Party Wish to be Anonymous ?: Y Mailing Address : , WA • . Incident Address: 702 N 6TH ST YAKIMA, WA 98901 • Nature of Service Request FRONT FENCE IS 6 FEET IN FRONT YARD • . ROUTE TO: 1) CODES REFERRED TO: 1) LROSSIGNOL CALL BACK? - NO . Action Taken on 10 -20 -08 8/11/08 (3:45 PM) SITE INSPECTION. I TOOK A PHOTO OF THE FENCE; MEASURED THE CLEARVIEW, LROSSIGNOL 8/12/08 - CHECKED UTILITY RECORDS FOR PHONE NUMBERS OF -OWNER AND /OR OCCUPANTS. THE OWNER (DEAN WILSON) NUMBER IS DISCONNECTED, LROSSIGNOL 9/3/08 - DUE TO OTHER WORK CONSTRAINTS I HAD NOT MAILED A NOTICE OUT YET; TODAY I MAILED A FRIENDLY LETTER REGARDING THE ILLEGAL FENCE HEIGHT TO THE OWNER AND TO THE OCCUPANTS. DEADLINE TO ALTER THE FENCE TO ZONING ORD STANDARDS IS 9/26/08. LROSSIGNOL 9/8/08 (4:15 PM) RENTERS PAM & CHARLES JETTY (248 -4889) CALLED; I SPOKE SPECIFICALLY TO MRS. JETTY, WHO STATED HER HUSBAND, CHARLES WANTED TO MEET WITH ME. SHE STATED THEY ARE GOING TO "CONTEST THIS ", THAT THERE ARE OTHER FENCES IN THE NEIGHBORHOOD THAT ARE AS HIGH) SHE STATED HER HUSBAND IS DISABLED. SHE WAS DISGRUNTLED; OUR NOTICE OBVIOUSLY UPSET THEM I ATTEMPTED TO EXPLAIN THE ORD. AND CALM HER; • WAS FAIRLY SUCCESSFUL. WE WERE UNABLE TO FIND A TIME TO MEET, BUT I DID TALK TO HER ABOUT AN EXTENSION OR APPLICATION FOR ADMINISTRATIVE •ADJUSTMENT. LROSSIGNOL 9/22/08 (11:32 AM) PAM JETTY CALLED; SHE STATED THEY PLAN ON "DROPPING DOWN THE FENCE, BUT NEED MORE TIME ". I GRANTED A VERBAL EXTENSION TO 10/10/08; TOLD HER TO CALL ME IF THEY ARE UNABLE TO MEET THE DEADLINE. LROSSIGNOL 10/13/.08 (453 PM) VOICE MAIL MESSAGE FROM PAM JETTY (248 -4889) THEIR FENCE HAS BEEN DROPPED DOWN. LROSSIGNOL • 10/16/08 (1145 AM) - MRS. JETTY CALLED TO MAKE SURE I GOT THE VOICE MAIL MESSAGE; TOLD HER I DID; THANKED HER AND, TOLD HER I WOULD BE OUT TO INSPECT ASAP. LROSSIGNOL ' . 10/20/08. (1130 AM) SITE INSPECTION. ABATED. TOOK PHOTOS FOR THE RECORD. LROSSIGNOL . ROUTE NUMBER: • • • Property Evaluation PE PARCEL OWNER NAME & ADDRESS • Parcel #: 19131831407 • 1 Situs Addr: 702 N 6TH ST 2 City: 3 Zip: ** OWNER INFORMATION ** )) 3A1SuroP.14- 4 Name: DEAN WILSON 5 Attn Line: 6 Address: 2116 S 9TH AVE + 7 City: YAKIMA 8 St: Wa 9 Zip: 10 Notes: + 0 FIELD TO CHANGE ? • LROSSIGN 11:59 Aug 12 2008 CITY OF YAKIMA 08/12/08 12:OOpm Customer - Information !count Number 151610 Service Address 702 N 6TH ST * ** MAILING INFO * ** DEAN WILSON 35 6 60 U its 1 51' = -8785 • 2116 S 9TH AVE UNION GAP WA 98903. D`s a -� ACCOUNT STATUS Cut -In Inside START DATE. 03 /30/06 � STOP D * ** OWNER INFO * ** Owner * ** FORWARDING INFO * ** DEAN WILSON DEAN WILSON - * *PHOTO ID + DEP 4 C /N ** YAKIMA WA 98908 • * ** BILLING INFO * ** BILL CODES W11- S11- G11 -G69 REFUSE FRIDAY METERS (38713485,1,1,6,04-14-94) LOCATION COLLECTION BALANCE IRRIG BASE LAST BILLED 06/18/08 BALANCE $0.0 I llkyssr,(B)ill,(D)ep,(G)bg,(H)iSt,(I)nfo,(M)sgs,(P).ay,(R)ead... /vo4 ;nc)ucJa-d In F Y a ) 0 Memo re infractions for graffiti deterrence February 18, 2009 • Page2of2 • notice to do so. Likewise, property owners can be penalized by way of civil infraction - for failure to abate graffiti. Businesses that sell common items that can be used for graffiti purposes are required to post signage indicating the illegality of graffiti acts;. -..:: failure to post such signage is a civil infraction. Finally, selling or furnishing graffiti implements to minors is also. penalized in the form of a civil infraction.? 'Presently, possession of graffiti . implements by minors on any public or private property (except for their own residences) is criminal conduct as defined in our . municipal code. It is also criminal conduct for any person to possess graffiti implements while at any public facility, park, playground, swimming pool, recreational facility, school or .other public building or structure. These provisions are not criminalized under State law. Therefore, the City of Yakima could be decriminalize those acts (or similar acts) and penalize them through civil infraction: . Tacoma is one City that has a similar, comprehensive, graffiti -based ordinance that criminalizes several types . peripheral conduct relating to graffiti, for example, 1) unlawful furnishing /purchasing of graffiti implements, 2) unlawful possession of graffiti implements by minors, 3) unlawful possession of graffiti implements in posted areas, and 4) unlawful possession with intent /purpose of committing graffiti. There are some areas of overlap with our code; however, these may be some ideas . of conduct that could be adopted and penalized through civil infraction because State law has not already criminalized the conduct. • In addition to the above possibilities, the Legal Department also invites additional ideas • and direction from Council, and those avenues can be researched. . • • • • 4 YMC 6.50.200.B (attached). • 5 YMC 11.11.030 and .035 (attached) 6 YMC 6.50.040. 7 YMC 6.50.030.B1 and .B5 8 YMC 6.50.030.A1 and .A3 1 9 YMC 6.50.030.A2 and .A3 10 See, TMC 8.120.030 (attached). • • •