File #: 25-2973    Name:
Type: Ordinance Status: Agenda Ready
File created: 3/10/2025 In control: City Council Legislative Meeting
On agenda: 3/15/2025 Final action:
Title: Public Hearing, Second Reading and Final Passage of an Ordinance to amend and reordain Section 1-1-11 of Chapter 1 (USE AND INTRODUCTION) of Title 1 (GENERAL PROVISIONS) of the Code of the City of Alexandria, Virginia, 1981, as amended, [ROLL-CALL VOTE]
Attachments: 1. 25-2973_Attachment 1_Ordinance Cover, 2. 25-2973_Attachment 2_Ordinance

City of Alexandria, Virginia

________________

 

MEMORANDUM

 

DATE:                     MARCH 5, 2025

 

TO:                                          THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL

 

THROUGH:                      JAMES F. PARAJON, CITY MANAGER /s/

 

FROM:                     KARL MORITZ, DIRECTOR, DEPARTMENT OF PLANNING & ZONING

GREGG FIELDS, DIRECTOR, CODE ADMINISTRATION

ADRIANA CASTAÑEDA, DIRECTOR, DEPARTMENT OF

TRANSPORTATION & ENVIRONMENTAL SERVICES

 

DOCKET TITLE:                     

TITLE

Public Hearing, Second Reading and Final Passage of an Ordinance to amend and reordain Section 1-1-11 of Chapter 1 (USE AND INTRODUCTION) of Title 1 (GENERAL PROVISIONS) of the Code of the City of Alexandria, Virginia, 1981, as amended, [ROLL-CALL VOTE]

BODY

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ISSUE: Consideration of an ordinance to increase interdepartmental enforcement flexibility.

RECOMMENDATION: That City Council:

 

1.                     Introduce and pass on first reading of the ordinance (Attachment 2) to amend and reordain Section 1-1-11 of Chapter 1 of Title 1 of the Code of the City of Alexandria to increase interdepartmental enforcement flexibility; and

 

2.                     Set the ordinance for public hearing and final passage on Saturday, March 15, 2025.

 

BACKGROUND: Currently, section 1-1-11(c)(1) of the City Code states that only the department or office head responsible for the administration or enforcement of any provision of the Code may delegate to subordinate employees the authority to issue a notice of violation. This structure poses limitations in circumstances where enforcement is required for more than one section of the Code and/or when enforcement staff encounter violations of the Code related to their own subject matter areas for which they do not have the authority to address.

Additionally, in the past, City Council members have expressed support for broader enforcement coordination amongst relevant departments.

DISCUSSION: Certain Code sections pertaining to civil violations would benefit from interdepartmental cooperation for enforcement, rather than relying on only one department or office to issue notices of violation. For example, currently, only the Director of Transportation & Environmental Services (TES) can delegate enforcement authority to subordinate staff with regard to obstructions on sidewalks and other public rights-of-way (Sec. 5-2-16), which was relevant in discussions involving enforcement of the proposed vendor pilot program in the 3800 Block of Mt. Vernon Avenue.

The proposed procedural amendment allows the City Manager to delegate enforcement of the Code more generally, enabling more flexibility, efficiency and improved response times. As it stands, if a Zoning or Code inspector encounters a violation of Sec. 5-2-16, they would notify a TES inspector of the violation for appropriate action. Applying the amendment to the above example, Zoning and/or Code enforcement staff would also have the authority to issue notices of violations in public rights-of-way in the future. 

Allowing an interdepartmental response in appropriate circumstances will create efficiencies and improve responsiveness. At some point in the future in an upcoming package of zoning text amendments, staff will propose amending the Zoning Ordinance to ensure a similar arrangement.

FISCAL IMPACT:

There is no anticipated fiscal impact associated with adopting this amendment to the Code as it provides a measure of flexibility to the City Manager for the purpose of achieving efficiencies in enforcing existing provisions of the Code.

ATTACHMENTS:

1.                     Ordinance Cover

2.                     Ordinance

 

STAFF:
Emily A. Baker, Deputy City Manager