“If everyone is moving forward together, then success takes care of itself”
#9. Parkland Encroachment
Background: The City has about 600 acres of deed restricted parkland that, under the City CC&Rs, can only be used for “public recreational use.” In addition, there are about 90 paths, alleys or lanes (collectively called “rights-of-way”) between houses that are not deed restricted but are covered by Municipal Code, which mandates that they cannot be encroached upon. However, over the years, many homeowners have “annexed” adjacent public property for their own private purposes, including building structures and using dense vegetation to block public access and improve their privacy. Historically, the penalties for encroachments have been ineffective in deterring violations or forcing removal. Scores of such encroachments were reported in 2013 and most still exist today. In 2021, City Council passed a new policy with escalating and more significant fines, but still little has changed to remove or deter encroachments. Even parkland encroachments that were adjudicated by City Council as much as four years ago remain untouched.
Question: Are the City’s parklands and rights of way worthy of protection from encroachments? And if so, what specifically would you do as a City Council-member to more effectively remove and deter encroachments on parkland and rights of way?
Responses:
Michael Kemps
“MICHAEL KEMPS (incumbent)
”Retention and restoration of the City’s parklands has been and continues to be a priority for me. The City’s parklands and rights of way are worthy of protection from encroachments. The roughly 28% of our City that consists of dedicated, deed-restricted parkland is sacrosanct. I helped develop the 2021 policy with more significant and escalating fines. I supported the replacement of a part-time code enforcement officer with a full-time position. I refused multiple requests, as a Councilmember and a Mayor, by residents seeking release of and permanent use of right-of-way..
As a City Councilmember, I will continue to invest in efforts to remove and deter encroachments more effectively. Additional contract code enforcement resource(s) are likely required to temporarily increase efforts to attack encroachments. Day to day work of the code enforcement officer only allows limited time and focus on this issue. With intent to pay for new contract costs with enhanced fines, I will work with the City Manager and the City Council to evaluate and invest in this option. The City and residents must also be prepared to execute on, and fund litigation associated with forcing compliance.””
Victoria Lozzi
“VICTORIA LOZZI (incumbent)
”The City’s parklands, rights of way and other open space belong to all PVE residents, past, present and future. Unfortunately, some residents have “encroached” on public property, generally to expand their own property. I believe in the fair and uniform application of rules to all residents, so I do not condone encroachments and continually look for ways to resolve the current conditions. The first step was moving from a part-time to full-time, experienced code enforcement officer. While she has done a very good job investigating and citing violations, we clearly need to also put more resources toward enforcing those citations. This is not a black and white area and will take time to work through, and I am committed to restoring all open space.””
David McGowan
“DAVID MCGOWAN (incumbent)
”Encroachments and the right of way involving our open spaces are a critical concern and worthy of protection. Progress has been made against this objective, but again funding and inadequate resources have limited our progress. Recently the city hired a full-time code enforcement officer who has made significant progress. A protocol is in place whereby the encroachment offender is given adequate notice of the violation and follow up steps are then taken, including litigation.
Residents need to know that the community views encroachment as egregious; consistent and balanced enforcement will follow. The Council takes these encroachments very seriously and has authorized our City Attorney - on more than none occasion - to pursue litigation where appropriate.
Because the city has not historically taken a consistent and aggressive action against the offenders the encroachments have continued to grow. It is going to take some time and funding to work through the backlog. If we continue our current path residents will see the results of these actions.””
Desiree “Dez” Myers
“DESIREE “DEZ” MYERS
”RE: Are the City’s parklands and right-of-ways worthy of protection from encroachments?
Yes
The May agenda for the Planning Commission included gifting right-of-way land to residents. There needs to be a fair and objective policy established by Council first and to help residents understand when/how/if this is appropriate.
RE: What specifically would you do as a City Council-member to more effectively remove and deter encroachments on parkland and rights of way?
First, we need to determine why enforcement has stalled. Only the incumbents know, so I am at a disadvantage on this since I don’t know the core issue.
I suspect it maybe a funding / capacity issue since it requires legal and staffing to enforce and we have only one code enforcer who is rather new with an enormous backlog.
Some of these disputes will require legal action and time to enforce. I do not see funding allocated in the budget for these for legal fees.
Some residents have stated concerns with overzealous enforcement such as removing children’s play apparatuses on land that is not otherwise used. While other residents have stated concern about encroachments that prevent utility access. So, safety needs to drive priories while some softening or exceptions on the extreme may be in order in the encroachment policy.
Finally, residents want to know the status of encroachment enforcement.””