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Council adopts amended UDC penalties after heated debate over landscaping fines and enforcement
Summary
Council amended Title 7 Unified Development Code enforcement provisions, approving a package of amendments and clarifying abatement and notice procedures while splitting opinions on fine levels for landscape and stormwater violations.
The City Council on June 10 approved amendments to Title 7 of the Unified Development Code that consolidate violations, penalties and enforcement procedures after debate over fine levels, abatement periods and how to handle landscape and floodplain violations.
Council considered two related items (T2502 and T2503) that the Planning and Zoning Commission previously recommended. Council member LaVine introduced amendments to preserve existing fine levels for certain offenses and to keep language consistent with prior P&Z discussion; LaVine’s motion to amend was seconded by Council member Meyer and approved by roll call. After amending the ordinance, the council voted to approve the updated UDC provisions.
Debate centered on whether higher fines would be the most effective tool to compel compliance on commercial landscaping and floodplain disturbance. Mayor Evans said he was “more of a fan of $500 — either you fix it or we get you $500,” arguing for stronger penalties to ensure commercial properties maintain vegetation. Council member LaVine countered that fines can be a blunt instrument and said he prefers other incentives and that many cases are civil neighbor disputes that the city has historically treated as such.
Staff and the city attorney explained the notice and abatement framework: the code requires a notice, a reasonable period to cure the violation, and administrative hearing procedures under Chapter 15. City Attorney Celestine explained that the administrative procedures for contesting citations are in Chapter 15 and that Section 7‑8.71 describes abatement/notice requirements. Staff also noted the city has been running LIDAR difference maps to detect large earth‑moving changes and can provide those maps to council on request.
Council voted to approve the amendments by roll call (votes recorded as unanimous on the amended versions). The amendments preserved committee‑recommended language in parts and left other definitional questions to be resolved in later code cleanups. Council members directed staff to ensure that abatement deadlines and notice language are clear in posted materials and to continue using data (including LIDAR difference mapping) when investigating suspected landscape or grading violations.
