Friday, February 13, 2009

Check with city when considering home improvement projects

We're on an off column week for the East County Times, so here is one that ran in February 2008
When considering a home improvement project, one of the last things people think about is calling the city to see if a permit is needed or certain guidelines must be met before they begin. While residents may not think it is the city’s business what kind of fence they put up or what precautions to take when putting a pool in their back yard, it might just be worth the time and effort to check beforehand. Like most cities and counties the city of Oakley has worked hard to put together a well thought out list of municipal and zoning codes.
Generally speaking these types of codes are made to protect public health, safety and general welfare as they relate to residential and business properties. Many times the codes concern structural safety of buildings, fire safety items, noise mitigations, air quality, aesthetics, traffic convenience and most of all safety to those around you.
The City Council and planning department are the ones who put together the municipal codes. When Oakley first became a city in 1999 the city generally adopted most of the county codes. Over the past few years the city officials have been working to make new rules and ordinances that better suit the needs of the growing city.
In December 2005 the city hired Robert Downing for the position of code enforcement officer to handle the complaints of residents and make sure that the municipal codes were followed. Before coming to Oakley, Downing worked for the city of Walnut Creek as a code enforcement officer for eight years. Before that he was a retired police officer.
According to Downing, many of the complaints that pass by his office include issues like graffiti, lack of garbage collection, debris on personal property and, during seasonal times, out-of-control weeds.
Most of the time, after a warning from the city, issues are promptly taken care of. In some cases, however, the city is forced to charge fines that start at a $100 citation, then $200 for a second notice and finally $500. Downing said the city is not unreasonable. They are always willing to work with people. If there is a viable reason why a certain issue cannot be dealt with right away they will work with alternatives.
Other issues that relate to code enforcement concern the clash between areas that are zoned residential and agricultural. While the city today is zoned largely residential, its roots are based in agriculture. Even if some property is zone residential on the current general plan, the property is generally grandfathered in as whatever it was zoned before the general plan was approved. Therefore there are instances where a farm might be located right in the middle of a residential area. Usually that property will retain its old zoning until it is sold.
Sometimes people in the residential areas take offense, for instance, to having goats being raised across from their brand new house. Or maybe they object to having the rooster across the way waking them each morning. Some issues can be addressed, but as long as everyone is within the law there is nothing that can be done. That is not to say that the city does not have strict guidelines for agricultural properties.
Over the next few months, Downing has agreed to help explore some of the city’s municipal codes in this column space, so that residents can better understand the rules. Keep in mind though that it is generally up to the residents to research any municipal codes before they construct something new. For instance it is all well and good to want privacy from your neighbors, but there are height limitations on fences. If it is found that the fence you put up last week is too high, you may be required to take it down and reduce the height. Be prepared. It’s better safe than sorry.

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