Agenda Item Wording:
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Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on potential amendments to Visalia Municipal Code Chapter 8.40 “Nuisances”, Section(s) 8.40.020 “Definitions” to define illegal dumping and 8.40.030 “Public Nuisances” to make illegal dumping in the public right of way punishable with a fine of $1,000 per day.
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Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number: Tommy Contreras, Code Enforcement Officer, tommy.contreras@visalia.city <mailto:tommy.contreras@visalia.city>, (559) 713-4194 Tracy Robertshaw, Neighborhood Preservation Manager, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>, (559) 713-4187 Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025.
Department Recommendation:
Staff recommends that the City Council receive the staff report, presentation and take public comment regarding Visalia Municipal Code Sections 8.40.02 “Definitions”, and 8.40.030 “Public Nuisances” and direct to staff revise these sections to include a definition of illegal dumping and set an administrative fine for illegal dumping in the public right of way punishable with a fine of $1,000 per day, as noted in the staff report below. Changes to the Municipal Code will require the revisions to be adopted by a separate ordinance at a future public hearing before the City Council.
Background:
The Solid Waste Environment Enhancement Program (SWEEP) Division was established in an effort to help with the City’s beautification and recycling efforts by picking up trash and recyclables illegally dumped in the public right-of-way (i.e., alleys, streets, sidewalks, etc.). In most cases, these items are illegally dumped material on the side of the road, trash that has been taken out of cans or dumpsters and left on the ground, or windblown debris that ends up in the public right of way which makes this an eyesore for the community. Illegal dumping degrades the appearance of the community and neighborhoods, and cleaning up this debris is necessary to give Visalia residents assurances that efforts to combat this issue are being applied in a meaningful manner.
Since the SWEEP Team became fully staffed and operational, as of July 1, 2024, they have logged nearly four hundred work orders for removal of illegally dumped material, resulting in over 15 tons of trash being removed from the public right of way and diverted into the appropriate solid waste streams. The items range from miscellaneous trash to appliances, furniture, electronic waste, green waste, and mattresses.
Given the early success of the SWEEP Team’s efforts to have illegally dumped material removed from the public right of way, staff has researched additional efforts that could be addressed to help deter individuals who illegally dump trash and debris along the city streets. One such effort to help address this issue is to direct staff to amend the Public Nuisances chapter of the Visalia Municipal Code to give the City authority to hold violators of illegal dumping accountable and reduce the overall cost of the SWEEP Team operations.
Potential Amendment Revisions to Chapter 8.40 “Nuisances”:
Currently, Section 8.40.020 “Definitions” of the Visalia Municipal Code (VMC), does not contain a definition and/or define what is “illegal dumping”. To address this omission, staff recommends that “illegal dumping” be defined in this section. A review of other jurisdictions municipal codes and the State Penal Code have provided staff with definition language that could be used to define illegal dumping in the City of Visalia. A definition commonly used states the following:
“That any placing, depositing or dumping, or otherwise causing to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt”.
Staff recommends that this definition of “illegal dumping” be added to Section 8.40.020 of the Visalia Municipal Code.
In addition, staff concludes that delegating fines for illegal dumping in the public right of way under the current penalty fee as defined under VMC Section 1.12 “General Penalty”, does not pose a significant penalty to deter illegal dumping. Currently, under Section 1.12, the penalty for the first offense is $100 within one year, the second offense is $200 within one year, and the third offense is $500 within one year. Based on staff’s assessment, staff recommends a penalty fine of $1000 per day for confirmed illegal dumping to the violator(s) be adopted.
Under Visalia Municipal Code Section 1.13.050(D) in lieu of the standard administrative penalty an alternative penalty may be established upon recommendation by the department head and approval by the City Council in consideration of factors that include:
1. The seriousness of the violation.
2. The responsible party’s efforts to correct the violation.
3. The injury/damage, if any, suffered by any member of the public.
4. The amount of city staff time which was expended investigating or addressing the violation.
5. The amount of administrative penalties which have been imposed in similar situations.
6. Necessity to mitigate the damage to the community that is caused by a particular violation.
In this instance, the violation is serious, illegal dumping creates visual blight, and is creating a recognized public nuisance, as removal of junk, trash and waste left in areas open to the public is an issue that the City regularly enforces. When someone dumps trash on public property, the responsible party has created the issue by leaving the items in the open and created an issue and expense for the public because these items need to be removed. Cleaning trash in the public right of way can be compared to staff costs for cleanups of junk and trash on private property, which can result in over $1,000 in staff and contractor costs for large clean-ups if the trash is not removed and the City has to have a private contractor remove the trash. The use of the SWEEP team for removal allows the costs on the City to be slightly less, but the fine represents a comparable amount for clean up. It is noted that this proposed fine would only be charged for illegal dumping that occurs in the public right of way. Private owners are responsible for their own property and illegal dumping can be charged as a misdemeanor or infraction as an enforcement measure. For public property City staff believes that administrative enforcement based on a penalty that represents clean up costs should be an available alternative that could be utilized by code enforcement.
Staff recommends that Section 8.40.030 be amended to include the following:
L. No person shall place, deposit or dump, or otherwise cause to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, or upon which the public is admitted by easement or license, any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt.
1. Each day that any of these items remain placed, deposited, or dumped, in violation of subdivision (a) may be considered a separate violation. Violations may be charged as a criminal infraction, or alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedures described in Chapters 1.12 and 1.13 of the Visalia Municipal Code. If the violation is charged as an administrative action, then the penalty for each violation shall be $1,000. City staff may, in lieu of the administrative penalty, accept community service removal of the waste items that have been dumped in the public right of way, such a program for community service in lieu of administrative penalties shall be reviewed and approved by the city manager or designee prior to implementation.
2. This section does not restrict a private owner in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department or local fire department.
By defining “illegal dumping” and declaring illegal dumping as a public nuisance, a straightforward approach to enforcement for this public nuisance will be codified to help deter violators while giving the City authority to penalize violators to deter this practice.
Fiscal Impact:
None at this time.
Prior Council Action: N/A
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Sections 8.40.020 “Definitions” and 8.40.030 “Public Nuisances”.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to initiate revisions to Sections 8.40.020 “Definitions” and 8.40.030 “Public Nuisances” as identified in the staff report and return to City Council with a proposed ordinance modification.
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Environmental Assessment Status: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.
CEQA Review: The requested action is not a “project” under CEQA.
Attachments:
1. Chapter 8.40 “Nuisances”
2. PowerPoint Presentation