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to: |
Roger L. Stancil, Town Manager |
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from: |
Ken Pennoyer, Director of Business Management |
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subject: |
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date: |
May 4, 2009 |
The purpose of this report is to request enactment of an ordinance to regulate parking on the private lot that includes 302 Ransom Street, 304 Ransom Street, and 301 McCauley Street; Parcel Identification Number 9788247882.
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 is 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, there has been one such request granted for 402 West Cameron Avenue. The Inspections Division is now in receipt of the same request from another property owner that Section 21-28.3 be applied to her rental property on the corner of McCauley and Ransom Streets (Attachment 3).
The property is in an area patrolled by Parking Services on a regular basis because of parking regulations along these intersecting streets. Thus, we believe that monitoring the front driveway and front yards 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 these addresses. (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 $15.00 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 the corner of McCauley and Ransom Streets containing the following three addresses: 302 Ransom Street, 304 Ransom Street, and 301 McCauley Street.
1. Section 3, Chapter 97, 2000 Session Laws (p. 4).
2. Section 21-28.3 of the Town Code (p. 5).
3. Property Owner request for ordinance enactment (p. 6).