to: Roger L. Stancil, Town Manager
from: Ken Pennoyer, Director of Business Management
Brenda Jones, Parking Services Superintendent
Maggie Bowers, Senior Code Enforcement Officer
subject: Parking Ordinance for Private Lot on Cameron Avenue
date: January 12, 2009
The purpose of this report is to request enactment of an ordinance to regulate parking on a private lot at 402 West Cameron Avenue.
During the 2000 Session of the North Carolina General Assembly, the Town received special legislative authority to enact ordinances regulating parking on private lots being used for residential purposes. (Section 3, Chapter 97, of the 2000 North Carolina Session Laws, Attachment 1). Subsequently, the Town Council enacted Ordinance 2000-10-11/O-4 establishing a new Section 21-28.3. (Attachment 2). That ordinance establishes parking regulations for private residential lots. The Ordinance becomes effective when it made applicable to any specific lot, by Council amendment of the Ordinance, upon written request of the owner of that lot. At the time the legislation and ordinance were being discussed, it was considered a potential tool for use to address improper parking by tenants and guests on rental property. As stated in the October 11, 2000, agenda memorandum:
“If a landlord/owner of rental residential property were to ask the Town to apply such an ordinance, this tool might allow an additional means by which the proliferation of cars parked on residential properties, particularly near campus, could be slowed.”
The statute and ordinance require that a property owner to request this ordinance be applied in order for the Council to make it applicable to any specific tract. Since 2000, the ordinance there has not been such a request.
Recently, the Inspections Department resolved a front yard parking problem on a residential lot on West Cameron Avenue near the campus of the University of North Carolina at Chapel Hill. Landscaping changes were made to clearly limit the driveway area and establish a proper parking area, correcting a chronic front yard parking problem involving tenants and an out of town property owner. As part of the resolution of this matter, the property owner has submitted a request that Section 21-28.3 be applied to his property.
The property is in an area patrolled by Parking Services on a regular basis because of parking meters along this street. Thus, we believe that monitoring the front driveway and front yard at this location and enforcement of the ordinance, if necessary, by issuing parking tickets would not be a burden on our staff. We believe this is an appropriate location for use of this ordinance. In the event the owner or the Town determines that the ordinance is no longer desirable or effective, it can be repealed as to this property. (Parking Services staff would not stop and monitor any backyard area designated for parking as part of its regular patrol, but would respond if concerns about improper parking were brought to the staff’s attention.)
If the ordinance is enacted for this lot, it would be effective upon the owner’s installation of appropriate signage. Tickets issued for any violation would be for $15 civil penalties under Section 21-38 of the Town Code.
This ordinance allowing the Town to issue parking tickets on this private residential lot does not modify the responsibility of the owner or others in control of the property for compliance with provisions of the Town’s Land Use Management Ordinance, including front yard parking regulations.
We recommend that the Council enact the attached Ordinance to apply Section 21-28.3 of the Town Code to the property at 402 West Cameron Avenue. We believe it would provide an opportunity also to see if the local act and ordinance can be an effective tool to address front yard parking concerns.