GILBERT, Ariz. — Having an immaculate yard is a point of pride for many homeowners, but a messy one — outside of neighborhoods with tight homeowners association rules — isn't going to get you in trouble.
The Town of Gilbert is now changing that.
At the last Town Council meeting, leaders voted to adopt the Community Preservation Ordinance that would fine homeowners up to $500 for having dead grass, piled up debris, and cars that don't work in their yards.
VERSIÓN EN ESPAÑOL: Residentes de Gilbert rechazan ordenanza que permite a la ciudad emitir citaciones por tener basura en los patios traseros
Basically, anything considered junk or unsightly needs to go.
"It's really just keeping Gilbert as it is today and preserving that for into the future," said town planning manager Eva Cutro.
What makes Gilbert's ordinance different, is this also applies to homeowner's backyards as well.
In some neighborhoods just south of downtown Gilbert it's not uncommon to see stacked up metal, dead grass and several inoperable cars in people's back and front yards.
Which lead to some people pushing back against the Town leaders during that council meeting right before the ordinance was approved in a five to one vote.
“I see this as being a form of violation of the Fourth Amendment,” said Chris Lindahl who lives in Gilbert.
His concern is this gives the town too much power and control over people's yards. He also didn't like the idea that neighbors who lives in two story houses could look into his backyard and report him to Code Compliance if they didn't like what they saw.
“My HOA currently has no authority to police what goes on in my backyard,” Lindahl said.
Cutro clarified the ordinance does have written protections so that state and constitutional rights will not be violated. However, she also said that enforcement really relies on neighbors notifying the city about what's going on in their neighborhood.
So, if someone does see something unsightly in someone's backyard, they can report it.
She also said they will report to the council every three months to make sure the system is not being abused and will make changes to the ordinance if necessary. Cutro added that they do not plan on giving citations out right away and plan on working with homeowners first to get the problem situated.
There were also questions about if home-improvement projects would lead to citations which Cutro said if someone is working to fix an in-operable car in the backyard or has a stacked bricks as part of an at home project that would be okay.
Relying heavily on code compliance officer's to use discretion on a case by case basis.
The ordinance is set to start on July 18.
To see the full list of items that are considered blight under the ordinance, click here.
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