Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.
Ever since I returned to city council two years ago, in December of 2016, I have been sorely disappointed in the inconsistent performance of one city department, Code. I am sure I will hear from my city manager about once again publicly expressing concern about the work of a group of city employees. However, some situations beg to be discussed and this is one of those.
A little history on the Code Department is in order. When I first served on council in 1992 the performance of the Code Department was not good. Employee abuses included taking extraordinarily long lunch breaks and when they were in the field they earned the reputation of being “Gestapo-like.” Eventually the department was reorganized and a new director took the helm. That was Dan Gunn. Mr. Gunn did an excellent job of turning the department around and for years, under his leadership, code performed at a high level of achievement. When I returned code was once again in disarray. Over the past few budget cycles council allocated more resources and personnel in order to help the department succeed once again.
Those actions have not borne the fruit council expected. I have seen situations that I can only describe as retaliation against our citizens and cases of inconsistent enforcement of the Code Department dependent upon where you live in the city.
I am aware of two cases that can only be described as retaliation. In one case the resident, in an effort to clean up a blighted south Glendale neighborhood, reached out to councilmembers for assistance. That action of taking it to councilmembers resulted in the citizen being cited for minor violations while much graver neighborhood issues were ignored. It appeared to be a case of retaliation.
In another case, as a result of a neighborhood dispute now being adjudicated in court, one litigant, a neighbor began calling in continuous code complaints. Code’s actions in enforcing those harassment complaints flies in the face of their unstated policy that when a situation is in litigation they back off and let the police department and the courts settle the matter. That is not what occurred in this case.
In this case, the citizen (a Vietnam vet) who has an injunction to prevent further harassment by his neighbor is being cited for an inoperable vehicle that has been repurposed as “yard art” and for having a flag pole greater than 6 feet tall.
As I said in a recent city council workshop on the issue of placing a permanent flag pole and American flag on Thunderbird Mountain, “I can’t imagine any place where the flying of the American flag is inappropriate.”
Did you know that historically only 38 permits at a cost of $230 each have been issued and those, in the majority, were for commercial properties? Nearly every Glendale resident who has a flag pole 6 feet or taller has no blinkin’ idea that a permit is even required, much less the cost of such a permit. Some residents, such as myself, had a flag pole greater than 6 feet when the home was purchased in 1998. I assume that it is grandfathered in but I certainly had no idea about code restrictions on resident flag poles. Here is ours. By the way, the resident has taken down the flag pole.
As for “yard art,” all art, as we well know, is subjective…very, very subjective. What is art to one person may be an abomination to another. The resident took an old, antique truck and spent about $3,000 to have it repurposed as an art piece and placed in his front yard. It was his art. By the way the property in question in the northern portion of the city is a ½ to 1 acre horse property (exactly as is mine). No one complained and in fact, passers-by would stop to have their photo taken with the “art truck.” Once again, the neighbor with an injunction for harassment called code and complained. The only rule upon which code could hang its hat was that the vehicle is ‘inoperable’. By the way, I have antique tractor equipment as “yard art”. It’s definitely inoperable and again, probably grandfathered in since it has been there since the house was built. Here is our ‘yard art’.
I find code’s actions to be astounding when at every council voting meeting, a citizen comes forward during the public comment period and brings photos of rampant illegal parking of inoperable vehicles in his south Glendale neighborhood resulting in little if any enforcement. If parking an inoperable vehicle is a code violation in one area of the city then code should be enforcing it throughout the city. It is not doing so per the citizen who regularly brings the situation to council’s attention at its voting meetings.
Today people are more affluent and often have several vehicles in addition to the fact there are often multiple families or extended relatives living at a home. Hence many have more than two vehicles resulting in on-street parking (which is OK) or parking all over the front yard, often on dirt or grass (which is not OK). It makes Glendale look trashy and blighted. No one would complain if the code for inoperable vehicles was being administered fairly and equitably throughout the city.
There are code regulations to prohibit this behavior as well as others. The problem remains inequitable enforcement, selective enforcement or no enforcement at all in areas of need. It is frustrating to not just the citizens who want their neighborhoods cleaned up but to the councilmembers and their assistants receiving complaints on a daily basis. It is a situation that had been resolved in years past and has now deteriorated once again.
This situation has prompted the creation of a Code Review Committee comprised of councilmembers and citizens. It is scheduled to start its work after the holidays. As a member of the committee I am confident that we will recommend changes to the code department’s operations and to city code as well. I am also confident that a majority of council will concur with the committee’s recommendations. Currently code’s enforcement is an untenable situation that cannot, and must not, continue.
© Joyce Clark, 2018
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Thanks Joyce for taking a stand and sharing this issue. I hope, as you, that this can be turned around….
Joyce, first of all, I think bringing this to our attention is simply an act of “transparency” which is much talked about but rarely practiced. Citizens should learn about problems within their government from people like yourself who know the facts. If the city manager has heartburn over this perhaps he should find another job- I don’t care for one who suppresses problems.
If Mr. Gunn was able to turn Code around by himself, it sounds like the right person is needed in charge- not a committee. If the committee is simply going to recommend changes to the code Department isn’t that a waste of time and effort? The person in charge of the department should know what’s wrong and take steps to fix it- if they can’t or won’t, they need to be replaced.
I spent 30 years working for a large department in a large city and I know meaningful change must come from within. When it is recommended from outside, it is ignored. When it is FORCED from outside, it generates resistance and resentment.
I also know that good and bad performance flow down from the top. Apparently the city manager isn’t holding Codes’ “feet to the fire” and thus he is tacitly condoning their behavior.
If I’m missing “the big picture” please set me straight. As Sgt. Joe Friday used to say, “just the facts ma’am”.
Thanks for looking out for us.
Joyce, The Code Compliance department is ran by 3 ex-Phoenix employee’s and they still have the mindset that they still work for the City of Phoenix, Phoenix restriction are way less then the City of Glendale and they do not feel the need to enforce the City of Glendale codes! In your statement you made the comment about Dan Gunn and the fruit that DID NOT BEAR from his leadership is true, and in my mind that is reason enough to get rid of the rotten fruit! But the problem with that is 1 of rotten fruit is high in the tree and it’s protecting the other 2 rotten fruit below. So how does the city make this tree produce good fruit? It’s pretty simple really it’s called movement within the city departments, if the results are not what the city is looking for or there have been a overwhelming complaints about the department, because the 3 rotten fruit controls the policies of the department then there has to be movement to break up the monopoly. Another problem I have encountered is the prosecutors office has no clue whats in the city code book, they are only fed the information the Code Compliance department gives them, that is why a complaint is never 100 percent completed as it is written in the code book! Now my expectation is this code compliance committee will come up with the modifications to the existing codes to eliminate the possibility for interpretation and make the changes needed to eliminate the blight in the neighborhoods. Thanks for your time.
You sound like one of those citizens that will never be happy with the city when you pick your platform. It’s clear you don’t like code, the prosecutor’s office and probably any other government staff you interact with. It’s obvious you don’t know what you’re talking about because the lawyers drive code enforcement; not the other way around!
Joyce it’s funny when the truth is spoken how someone in that profession is offended, as for picking a platform Clint made his perfectly clear. So let me take the blinders off Clint’s eyes so he can see the light. In the older neighborhoods in the City of Glendale parking in the front yard is a major problem, and this is one of many. So Clint be patience with me this is a long story, one that started 3 years ago. Here’s a little background in 1993 the city codes and ordnance’s where revisited from cover to cover, so what the city determined is that before 1993 the original ordnance would fall under non-conformance ordnance and after 1993 would need to follow current ordnance. Now if go to the city code and enter 5.312 it will bring up the current parking ordnance from 1993 to today. It is very clear in ordinance where a resident can park, in front of the garage to the street and the side yard and it can not exceed more than 30 feet ,please look at the code so you can follow along because there more in there plus some diagrams.After many complaints about residents parking in front yard , and what I mean parking in front yard on concrete or pavers pad by the front door basically the patio area. I was told these properties where non- conforming and the residents where allowed to park there, well I’ll try and be as nice as can but this was lie one of many. Now comes the memo from the planning director and let me correct you on something lawyers do not develop codes and ordnance’s that is carried out by the planning director defined in Arizona statutes and set forth in the zoning ordnance. The memo clearly states that this neighborhood where developed prior to current zoning ordnance of 1993, and that some properties had auxiliary driveways and would permissible. Now that is true and I have never complained about those properties. Are you still with me because it gets better, now I have an email from the code compliance director explaining to me that if resident put an auxiliary driveway in the front patio area by the front door after 1993 that resident CAN NOT park there because it was installed after 1993. So during the years there are plenty of emails being very clear about the 1993 date what was legal before and what was will be enforced after that date. Now after all this I have emails showing the code compliance department was enforcing front yard parking violation on the properties I could prove, and now comes the part that is going to shake your head and I hope you will see the light. If you go to google map and your on the street view there is a clock in the upper left hand corner, click on the clock and you can go back 10 years. Well guess what I did those properties that I was told where non-conforming and they let the residents park in the front yard , that was a lie the code compliance department did not even check to see if it was legal to park there it was easier to blow me off. Now it only gets better, let’s be clear this is not one property it’s a lot and is causing blight in the neighborhood so l confronted the code compliance department because I was mad and lied to many many many times! After confronting the department I get an email from the development director that the memo from the planning director did not require auxiliary driveway to have been installed prior to 1993! Now in past 3 years the planning director retired so I could not go back to him to clear this interpretation up, so basically the develop director has decided the City of Glendale will not have a parking ordnance, are you starting to see the light. So your comment about being a second rate city is true because of the tenth rate code compliance department and this why Joyce has to voice her opinion because residents like myself and whole lot more which paying this department salaries, benefits, the equipment they use to do their GOD DAMM JOB! So the story does not end there and if you would like to see the emails let me know I’ll meet up with you and show you I have nothing hide all I have is truth, so do you understand why I chose that platform. And let’s be clear this one of many issues there’s the inoperable vehicles, dead trees, grass you want me to go on, better yet watch the next City Council meeting because the first story is going to continue. Joyce you keep doing what your doing because we know the truth on what’s going on.
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Wilfong – that’s your truth, not the real truth. You’re an angry man that is set on taking out your frustration on city staff – they not “lieing” to you. It happens over and over and over and most commonly on enforcement staff because that’s what they do. You don’t like the answers you get so it’s all their fault. Grow up man!
Joyce, your blogs are most informative and thought provoking on how our local government operates and makes decisions. Taking a hard look at Code Compliance may be necessary and I have some personal and professional insight on Code Compliance. i would like to know your thoughts on other departments too as I believe there are more departments that need overhauled- perhaps a future blog.
Now to Code Compliance. I worked in Code Compliance for another city in the valley and disagree with most of your blog. Code enforcement is a tough job – you basically tell people to clean up their property and nobody wants to hear that. Inspectors get yelled at frequently.
We used to get calls from citizens to clean up neighborhoods. Sure enough, the person asking for help gets a notice too. And they respond “I’m the one that called, you can’t cite me!” Just because you ask for help from a councilperson doesn’t make you exempt from getting a notice – that’s not called retaliation. That’s consistent enforcement. Sounds like the flag pole (not the flag) is a violation and you are taking advantage of the fact that a veteran got cited for not getting the permit he is supposed to. If it’s a violation, it’s a violation. And the truck in the picture is an eyesore! You can’t tell me you would want that piece of junk in your neighbors front yard. And if that one is ok – or as you call it, art – how many more trucks can be in the yard before it’s not ok? This is really a cheap shot at Code and something politicians should not get involved with. Let the court decide! You’re talking out of both sides of your mouth – you want code to do more; but not if it’s on a veteran or somebody that calls the council office? What do you want? Consistent enforcement or selective based on what and who you want?
Phoenix created CELA (Code Enforcement League of Arizona) in the 90s and is still the leader in the valley for code development. Most cities use their codes to make changes and if some Phoenix staff went to Glendale, I think you should capitalize on their experience rather than blame them. I’ve met Phoenix and Glendale inspectors at CELA trainings and both are pretty good people and know their stuff. All cities have citizens that will never be happy no matter what you do or how well you do it.
Every city in the valley suffered through the recession and lost inspectors and I’m sure every city didn’t get the attention required to keep up with violations in neighborhoods. Hopefully it will turn for the better for everybody. But it cracks me up when politicians think they can come in and “fix” it! I find it very unprofessional Joyce for you to publicly call out a department. I realize this is a private blog but you are still an elected official for Glendale and making that statement at the front of your blog doesn’t change that. This is an example of why Glendale remains a second class city.
Clint you made a few good points about the unequal expectation of Joyce and I can say this applies to a few other council members as well, the difference is the Joyce is bold enough to say it out loud. The mayor is very much of the same maid set check his stand on the airport and the hangers use of his friends and compare it to FAA grant assurances. I remember my friend receiving notice of violations for not using his plain hanger in accordance to the FAA Grant assurance and his contract, while others were not sighted because they refuse to allow the city to inspector into to their hangers. The mayor supported those guys and the harassment stopped, my friend plain is now at the Buckeye airport.
But I digress, back to code enforcement I just want to point out some of the biggest eye sours in Glendale: the beet sugar factory; electronic billboards on city owned property along the 101, especially when the city paid hundreds of thousands of dollars to remove billboards along Grand Avenue; how about the nonfictional water fountain into Cabela’s shopping center. How about parking at west gate last weekend with no events at either the stadium or the arena finding a parking space was almost impossible.
I know I am mixing codes and standards.
Tahj and Clint, look for a future blog for my response to your comments. Should be fun!
Joyce I would like to also see an analysis of all the incentives including fees waved to businesses in the last two years. Don’t forget to include all the public infrastructure build by the city to serve these businesses.
Joyce I would like to also see an analysis of all the incentives including fees waved to businesses in the last two years. Don’t forget to include all the public infrastructure build by the city to serve these businesses.
When are we going to see the benefits of all these new businesses building with heavy investments by the city reflected in the budgeted revenues. I have been monitoring these deals (big economic development projects) and have not seen any significant change in budgeted revenues. How much did BMW cost us, when would see a net revenue return on that investment. The former mayor star project “Lind Cadillac” should have a few more luxury car dealers on that sight by now, where are we? I hope we did not extend the deal for him while continuing to pay him his incentive. As I recall that was about $10-15 million. We are getting ready to build ballpark boulevard what’s he price tag on that? Who is paying what type of development is planned and will it be sufficient to cover the debt on the baseball stadium?
We want and deserves well-kept neighborhood are we investing in the neighborhoods at the same level as we are in the business community? Are we giving the poor guy who working two jobs to keep food on the table the same level of tolerance for not being able to fix his car as we are the business/ developer for not delivering to the revenues to the general fund?
Just saying we seems to have more patience for the development community and the city departments associated with these deliverables than the one designed to go after the poor people. Yes, I said it, code enforcement in arrowhead is a lot easier than others areas in the south.