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Gilbert's community preservation ordinance passing early tests, staff says

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Gilbert’s new community preservation ordinance has led to a small rise in reported violations, town officials said.

Since the ordinance’s implementation on July 18, 57 cases related to the ordinance were opened, encompassing 67 violations, with nine specifically involving backyard issues, Development Services Director Kyle Mieras told Gilbert Town Council on Nov. 19. Mieras was presenting to council at a study session as requested when council passed the ordinance June 18.

These cases represent only about 1% of total reported violations, alleviating initial fears of widespread backyard disputes, he said.

Violations primarily include inoperable vehicles, dead trees, litter and poor landscaping. The town staff attributes some of the increase to residents who had awaited until the ordinance's enactment.

“There were folks that were actually waiting for the ordinance to become effective so that they could call in different complaints,” Mieras said.

Mieras emphasized the ordinance's educational approach. The town offers assistance programs for minor home repairs, ensuring residents have resources to comply.

“The inspectors are very good about working with the individuals because in a lot of instances they're not aware that now this potentially is an issue for them and they had years of accumulation,” said Lorrie DeOrio, Gilbert’s code compliance administrator. “So the inspectors are very good about working with them to educate them and then find out what items they ultimately love most and want to keep, and then the other items that they can find things for.”

The measured enforcement approach appears to be yielding results, staff said. Inspectors report positive outcomes in most backyard cases, often helping property owners resolve long-standing issues.

Additionally, the ordinance is under ongoing review to address ambiguities and streamline processes.

Town officials plan to present amendments soon and will continue providing quarterly updates to the council, Mieras said. Feedback and trends will shape future changes to align with community needs.

“I appreciate you working out the bugs,” Mayor Brigette Peterson said. “There's always kinks when you do things, and it's like my greatest fear when we pass propositions because you can't change them. When it's the local level and your ordinances, we can fix something that's not working.”

Gilbert Town Council, Gilbert Community Preservation Ordinance, Kyle Mieras, Lorrie DeOrio, Brigette Peterson

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