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LAND USE AND ENVIRONMENT COMMITTEE

DATE 6/16/08
AGENDA ITEM 3

LAND USE AND ENVIRONMENTAL COMMITTEE MEETING


Olympia, Washington
June 16, 2008

South Capitol Neighborhood


Code Enforcement Update

CITY MANAGER’S
RECOMMENDATION: Receive update on code enforcement and education efforts in the
South Capitol Neighborhood and report to City Council.

STAFF CONTACT: Steven Friddle, Community Services Manager, (360) 753-8591,


sfriddle@ci.olympia.com
Ruth Snyder, (360) 709-2790,
rsnyder@ci.olympia.wa.us

ORIGINATED BY: Olympia City Council

PRESENTERS AND
OTHERS NOTIFIED: Recognized Neighborhood Associations, Original Stakeholder Group

ATTACHMENTS: 1. 2008 South Capitol Neighborhood Enforcement Summary

BUDGET IMPACT/
SOURCE OF FUNDS: None

PRIOR COUNCIL/
COMMITTEE REVIEW: The City Council asked the Land Use and Environment Committee to
get an update on code enforcement efforts in the South Capitol
Neighborhood.

BACKGROUND: During the 2006 Legislative Session several complaints in the South
Capitol Neighborhood were filed with the Community Planning and
Development and enforcement actions were taken. That summer staff
invited stakeholders to meet to discuss concerns raised by residents of
the South Capitol Neighborhood about home occupations. Among
others, the primary problems identified include residences being used
as offices, houses being used for large public/private gatherings, and
commercial off-street parking tied to the legislative session. The
Planning Commission received a briefing, conducted a public hearing
and forwarded recommendations to the Council in October 2006.

During the 2007 Legislative Session there were few complaints filed and
the City Council held a roundtable discussion with key stakeholders and
held an open house to receive additional public input and discussion on
the issue. Further review by the City Council was deferred.

The 2008 Budget included enhancing code enforcement in the South


Capitol Neighborhood during the legislative session and in downtown.
ANALYSIS AND OPTIONS: Summary of 2008 Code Enforcement Actions:

On February 25, 2008, Code Enforcement staff received 21 complaints


involving 10 properties, directed by the South Capitol Neighborhood
Association. Of those 21 complaints, 12 of those complaints were
found to be violations. The complaints included on-street and off-
street parking violations, a non-permitted dwelling, concerns over
commercial parking lots and non-permitted home occupations.

Code Enforcement Officers, Georgia Sabol and Ruth Snyder were


working in the neighborhood and assigned the task of investigating the
neighborhood complaints. Of the 10 properties:

• 3 were determined to have no violations


• 5 were in violation of the Residential Parking program
• 4 were in violation of “commercial lots” leasing of on-site parking
spaces
• 1- had non-permitted dwelling unit that requires permit
• 2- were in violation of Home occupation permit ordinance

(Three properties had no violations, 7 had one or more violations.


Attachment # 1 is a summary listing the status on each property.)

Overview of Code Enforcement Review and Processing

Phase I – Investigations

1. Numerous investigative site visits were conducted over a period of 2


weeks (total of 40 hours of staff time on those visits).
2. Coordination with Olympia Police Department to run license tags for
all identified properties and cars parked on-site to determine
residency status of vehicle owners.
3. Coordination with Public Works Parking Services to establish how
many residential permits were applied for and given to properties.
Determine how many residents with Residential Parking Permits had
signed affidavits saying they would comply with Parking Program.
4. Prepared inventory and photos of on-site parking.
5. Coordinated Business Licensing to determine how many Business
License/Home Occupation applications were submitted for
identified properties or tenants.
6. Enforcement officers interviewed tenant and property owners in
person and by phone. Among many others, questions asked
included:
a. Where do you conduct your work and day to day business when
working in Olympia?
b. Do you work in the residence?
c. Do you host meetings in the residence?
d. Do you use this residence as a business mailing address?
e. Do you have a fax machine with the business phone # associated
with that fax?
f. Do you have a business phone at this address?

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Phase II – Findings

1. Some properties had no violations and some had one or more


violations.
2. Residential Parking Permits were issued to properties that were
leasing or reserving on-site parking spaces in violation of code.
3. Some residents/tenants did not have affidavits or signed affidavits
on file.
4. Some property owners were conducting commercial enterprises.
5. Property owners had leased parking stalls in a residential zone.
6. There were businesses without Home Occupation permits.

Phase III – Enforcement Actions

1. Five of the identified properties were in violation of the


Residential Parking Program and turned over to Parking Services.
2. Four Properties were in violation of the OMC 18.040040 A&B by
leasing on-site parking spaces. Courtesy Notices of Violations and
Notice of Violations were sent to property owners for conducting
Business in a Residential Zone.
3. One property had a non-permitted dwelling unit.
4. Two home occupations require permits.
5. Three properties were found to have no violations.
6. One was issued a citation.

Phase IV - What staff learned

Each investigation and interview of tenants and property owners take


considerable time. Collaboration with other departments was timely
and effective. As discussed when adopted, Parking Services relies on
the affidavits and has limited resources to continuously monitor the
Residential Parking Passes. Business Licensing relies on citizens to
proactively apply for Home Occupations and Business licenses. Code
Enforcement is the only mechanism to respond to concerns or
complaints.

We have discovered that there appears to be up to 1,200 Registered


Lobbyists who do not pay B&O taxes to the City of Olympia for the time
spent over the Legislative Session. This may be an opportunity to
pursue that potential taxing source. The State provides email addresses
for all lobbyists in the State, potentially allowing licensing to digitally
send notices to those groups.

Code Enforcement is continuing to pursue compliance actions on those


properties that violate the Olympia Municipal Code. Parking Services is
working collaboratively to pursue non-compliance of the Residential
Parking Program. As seen in the accompanying spreadsheet, all
applicable notifications are being pursued with the ultimate result of
achieving compliance by those properties clearly in violation of existing
rules and ordinances.

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