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Home My WebLink AboutMINUTES - 11062007 - C.37 Contra TO: BOARD OF SUPERVISORS ... Costa ..:, County FROM: CARLOS BALTODANO, ,:rn,-.� „< DIRECTOR �� - BUILDING INSPECTION DEPARTMENT WILLIAM WALKER, DIRECTOR HEALTH SERVICES DEPARTMENT DATE: November 6, 2007 SUBJECT: ADOPT ORDINANCE AUTHORIZING ENFORCEMENT OF TRASH AND LITTER ACCUMULATION CODES BY BUILDING INSPECTION DEPARTMENT CODE ENFORCEMENT OFFICERS SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT Ordinance No. 2007-35, which would authorize Building Inspection Department code enforcement officers to enforce County trash and litter accumulation ordinances in the unincorporated area of North Richmond. FISCAL IMPACT: The salary for the dedicated code enforcement position is being funded by the North Richmond Waste & Recovery Mitigation Fee Expenditure Plan for the period of February to December 2007. No general funds are being used. BACKGROUND The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions. Contra Costa County approved a 2006-2007 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan to fund multiple strategies related to reducing illegal dumping and blight in North Richmond. One of the strategies that the City and County agreed to fund through 2007 was an additional full-time county code enforcement position, dedicated solely to assisting with vacant lot abatement and fencing as well as other health/building/zoning violations related to illegal dumping through the entire mitigation funding area (incorporated and unincorporated). CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON `✓ V4?gWqm.AS RECOMMENDED V OTHER VOTF,.CSF SUPERVISORS /' �: UNANIMOUS (ABSENT /(/�riI HEREBY CERTIFY THAT THIS IS A AYES: NOES: TRUE AND CORRECT COPY OF AN ABSENT: ABSTAIN: ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF Contact: Carlos Baltodano (925-335-1108) SUPERVISORS ON THE DATE SHOWN. ATTESTED: cc: Building Inspection John Cullen, Clerk of the Board of Deidra Dingman, CDD Supervisors and County Administrator BY EPTY my documentslrboardorders/northrichmnd V — Page 2 BACKGROUND-continued Currently the County Building Inspection Department Code Enforcement officer enforces building and zoning violations in the North Richmond area. The ordinance will allow the Building inspection Department code enforcement officer to cite health violations and enforce additional health, building and zoning violations in the unincorporated and incorporated portions of the designated North Richmond Waste and Recovery Mitigation Fee Funding Area. THE ORDINANCE The ordinance specifies that Building Inspection code enforcement officers are authorized to enforce sections 416-14.204 and 416-14.206 of the County Ordinance Code and subsections (12) and (15) of the Uniform code section 1001.2. In an agreement with the County Health Services Department, the designation of enforcement authority in this ordinance is effective for only one year, and this designation of enforcement authority is limited to the unincorporated areas of North Richmond. (See Exhibit "A" — map of North Richmond area) By providing this additional authority to the Building Inspection Department code enforcement officer, it will ensure a more streamlined and effective enforcement effort in the North Richmond area. ORDINANCE NO. 2007-35 (uncodified) (Enforcement of Refuse and Litter Ordinances in North Richmond) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Findings and Purpose. A. The illegal dumping of waste products, garbage, litter, and other refuse on vacant lots, abandoned buildings, and infrequently used roadways is a serious problem in North Richmond. B. The Director of Health Services is the public officer authorized to enforce the County's public health and sanitary ordinances. These ordinances include the County's refuse and litter accumulation codes—sections 416-14.204 and 416-14.206 of the County Ordinance Code, and subsections (12) and (15) of Uniform Housing Code section 1001.2. C. The Director of Building Inspection is the public officer authorized to enforce the County's building ordinances, located in Title 7 of the County Ordinance Code. The Director of Building Inspection is not authorized to enforce public health and sanitary ordinances. D. The County would like to increase its enforcement of refuse and litter accumulation codes in North Richmond by authorizing Building Inspection Department code enforcement officers to enforce those codes in the unincorporated area of North Richmond. SECTION II. Authorization. (a) Any subordinate officer of the Director of Building Inspection who is designated to enforce the provisions of Title 7 of the County Ordinance Code is also authorized to enforce the following public health and sanitary ordinances: (1) Sections 416-14.204 and 416-14.206 of the County Ordinance Code. (2) Subsections (12) and (15) of Uniform Housing Code section 1001.2. (b) Any subordinate officer of the Director of Building Inspection who is authorized by this ordinance to enforce the public health and sanitary ordinances specified in subsection (a) may seek compliance with those ordinances by any method specified in the County Ordinance Code, including but not limited to infraction prosecution (Chapter 14-8), administrative penalties (Chapter 14-12), and abatement (Chapter 14-6). ORDINANCE NO. 2007-35 1 (c) The authorization specified in subsection(a) of this ordinance is effective in the North Richmond area of unincorporated Contra Costa County. The North Richmond area of the County is shown on Exhibit A, which is attached and incorporated into this ordinance by this reference. (d) The authorization specified in subsection(a) of this ordinance is effective for one year, beginning on the effective date of this ordinance. (e) Nothing in this ordinance shall be deemed to limit the authority of the Director of Health Services, or his or her designated subordinate officers, to enforce the public health and sanitary ordinances specified in subsection (a) of this ordinance. SECTION III. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED ON NOVEMBER 06, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: EMY L. SHARP [SEAL] Deputy TLG: H:4?007\Code EnforcementUD-EH litter ord-final.wpd ORDINANCE NO. 2007-35 2 Nbrth Richmond (incorporated & Unincorporated Areas) z-.- Primary Mitigation Unincorporated Committee Approved Addition to Mitigation Funding Area Funding Area El Area -FREETHY RT...........1. ki W.:P MAE WIM q J 20 'S xa, elf.. W �J�W. z Ing,WF� Jr 4N 4A v. 1-!43, B -05-14 oil 49 �RrW no N r. ME ir 14.1.,,X PINE C cd KOMI T M FORD LNFM COST I. RHES HELILJIN S COAUN FACM WSALI Map contains copyrighted Information Contra Costa County community Development Department Revised on 7/28/2006 EHIBMT A "CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us> <cctlegals@bayareanewsgro up.com> cc 11/08/2007 08:23 AM bcc Subject RE:Adoption of Ordinance No.2007-35 Space is reserved for classified display ad no. 2590207 in the CCT on 11/12. $1234.80 will be billed. Regards, Jennifer Valahu Legal Advertising Contra Costa Times -Concord Transcript- Lamorinda SUN ph: 925.943.8019 fx: 925.952.5019 . . .........................................:........:.:. .:. ..- ..:................:..._....From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Wed 11/7/2007 10:47 AM To: CCT Legals Subject: Adoption of Ordinance No. 2007-35 Dear Jennifer, Please publish the above Adoption of Ordinance no. 2007-35, in your Contra Costa Times, on November 12,2007, under our Ref No.2106. (See attached tile:ADOPTION OF ORDINANCE 2007-35.doc) (See attached file: map.pdf) Thanks for your.attention. 651 Pine Street, Rm. 106 Martinez,CA Main Line 925-335-1900 Direct Line 925-335-1903 Fax No. 925-335-1913 Emelda L. Sharp Clerk of the Board Emelda Sharp/COB/CCC To cctlegals@cctimes.com 11/07/2007 10:47 AM cc bcc r*,\ Subject Adoption of Ordinance No.2007-35 Dear Jennifer, Please publish the above Adoption of Ordinance no. 2007-35, in your Contra Costa Times, on November 12, 2007, under our Ref. No. 2106. T� ADOPTION OF ORDINANCE 21)07-35.doc map.pdf Thanks for your attention. 651 Pine Street, Rm. 106 .Martinez, CA Main Line 925-335-1900 Direct Line 925-335-1903 Fax No. 925-335-1913 Emelda L. Sharp Clerk of the Board . :- LEGAL PUBLICATION REQUISITION Contra Costa County �f� FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 945.53 Walnut Creek, CA 94596 E-MAIL: cctieaals@,cctimes.com FAX'No. 925-943-8359 Requested by: EMY L. SHARP Date: NOVEMBER ((f, 2007 Phone No.: 925-335-1903 Reference No.: 2106 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) NOVEMBER 12, 2007 No. of Pages: LEGAL PUBLICATION ADOPTION OF ORDINANCE NO. 2007-35 e-mail *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: Please confirm date of publication ai d receipt of this fax. ORDINANCE NO. 2007-35 (uncodified) (Enforcement of Refuse and Litter Ordinances in North Richmond) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Findings and Purpose. A. The illegal dumping of waste products, garbage, litter, and other refuse on vacant lots, abandoned buildings, and infrequently used roadways is a serious problem in North Richmond. B. The Director of Health Services is the public officer authorized to enforce the County's public health and sanitary ordinances. These ordinances include the County's refuse and litter accumulation codes — sections 416-14.204 and 416-14.206 of the County Ordinance Code. and subsections (12) and (15) of Uniform Housing Code section 1001.2. C. The Director of Building Inspection is the public officer authorized to enforce the County's building ordinances, located in Title 7 of the County Ordinance Code. The Director of Building Inspection is not authorized to enforce public health and sanitary ordinances. D. The County would like to increase its enforcement of refuse and litter accumulation codes in Nortli Richmond by authorizing Building Inspection Department code enforcement officers to enforce those codes in the unincorporated area of North Richmond. SECTION II. Authorization. (a) Any subordinate officer of the Director of Building Inspection who is designated to enforce the provisions of Title 7 of the County Ordinance Code is also authorized to enforce the following public lhcalth and sanitary ordinances: (1) Sections 416-14.204 and 416-14.206 of the County Ordinance Code. (2) Subsections (12) and (15) of Uniform Housing Code section 1001.2. (b) Any subordinate officer of the Director of Building Inspection who is authorized by this ordinance to enforce the public liealtli and sanitary ordinances specified in subsection (a) may seek compliance with those ordinances by any method specified in the County ORDINANCE NO. 2007-35 1 Ordinance Code, including but not limited to infraction prosecution (Chapter 14-8), administrative penalties (Chapter 14-12), and abatement (Chapter 14-6). (c) The authorization specified in subsection (a) of this ordinance is effective in the North Richmond area of unincorporated Contra Costa County. The North Richmond area of the County is shown on Exhibit A, which is attached and incorporated into this ordinance by this reference. (d) The authorization specified in subsection (a) of this ordinance is effective for one year, beginning on the effective date of this ordinance. (e) Nothing in this ordinance shall be deemed to limit the authority of the Director of Health Services, or his or her designated subordinate officers, to enforce the public health and sanitary ordinances specified in subsection (a) of this ordinance. SECTION III. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED ON November 06, 2007 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, BONILLA, GLOVER AND PIEPHO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN CULLEN, SUPERVISOR MARY PHIPHO Clerk of the Board of Supervisors Board Chair and County Administrator By: EMY L. SHARP Deputy