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HomeMy WebLinkAboutMINUTES - 05131997 - D3 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF,DIRECTOR GROWTH MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY DATE: MAY 13, 1997 SUBJECT: BOARD TO CONSIDER REVIEW OF CODE ENFORCEMENT PROCEDURES AND FUNDING SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACCEPT four procedures for responding to code violations. Procedure 1 -Ticket citations for code infractions Procedure 2 -Cite hearing/criminal infraction complaint Procedure 3 -Nuisance abatement process(COC Ord Code Ch 14-6) Procedure 4 -Title 25 abatement process 2. CONSIDER means for funding code enforcement that does not reduce revenue for current planning operations. FISCAL IMPACT: Currently,no general funds supplement the$120,000 received from Community Development and building permit fees. Fees are not collected for enforcement. Additional responsibility will require predictable revenue and expanded revenue sources. Cost recovery and timeliness of compliance will be monitored,and a report will be provided on benefits of alternative enforcement procedures. Alternative methods of cost recovery will continue to be researched. BACKGROUND/REASONS FOR RECOMMENDATIONS: (See page 2) CONTINUED ON ATTACHMENT: X YES SIGNATURE: a_)C'gkk_� A _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON May 13. 1997 APPROVED AS RECOMMENDED_ OTHERX_ IT IS BY THE BOARD ORDERED that the report from the Director, Growth Management and Economic Development Agency (GMEDA), on code enforcement procedures, operations and financing is ACCEPTED: and further discussion of the matter, including survey results and economic alternatives is CONTINUED to June 3, 1997. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED X UNANIMOUS(ABSENT ) ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED May 13, 1997 ABSENT: ABSTAIN: PHIL BATCHELOR,CLERKF BOARD OF SUPE ORS CO MINISTRATOR a VA:dg BY ,DEPUTY codeenf.bo Contact: Val Aleseeff(646-1620) CC: County Administrator County Counsel GMEDA Departments t?3 CODE ENFORCEMENT MAY 13, 1997 PAGE 2 BACKGROUND/REASONS FOR RECOMMENDATIONS: On November 19, 1996,the Board of Supervisors directed the GMEDA Director to prepare a report regarding sources of funding for Building Inspection code enforcement. The item has grown into an analysis of existing and potential procedures, as well as an analysis of funding. This item was presented to the Board on April 8 and continued for further information. Two items were needed: (1)additional detail on alternatives(included below), and(2)a comparison of funding methods for other jurisdictions(to be provided once sufficient jurisdictions respond to survey). The Building Inspection Department(BID)currently pursues a variety of methods to resolve code enforcement issues such as talking to property owners,holding informal meetings with participants, using dispute resolution. The Board is seeking greater speed, certainty, reliability, and ability to get costs reimbursed. Alternatives Alternative approaches revolve around several issues. What is the level of BID efficiency and what mechanism can be set up to demonstrate efficiency? BID currently seeks compliance. How does BID balance compliance with cost recovery? What is the agreed upon cost of the program? Where should the funds come from? These are questions that are important to the final resolution of the program. Four procedures are identified and discussed. In addition to the procedures identified below for"routine"cases,the county has additional approaches for situations such as Morehouse, including civil action for damages, injunctive relief as provided by(CCC Ord Code §14-6.202). Procedure 1 -Ticket Citation Ticket citations for code infractions are authorized under Chapter 14.8 of the CCC Ordinance Code. Court fines may be imposed at$100 for the first offense, $200 for the second offense, and$300 for subsequent offenses within a twelve month period, additional penalties are imposed by the court. These fines do not accrue to departments issuing citations. Benefits of Citation Process Citations represent the most rapid response to a code enforcement problem that is relatively easy to correct or is recurrent. Autos on blocks,junk in front yard, and mobile vendors in inappropriate locations are examples of violations suitable for citation enforcement. A citation requires the violation to be visible and the owner or tenant accessible. An absentee landlord with derelict building would not be suitable if his/her signature on the citation promising to appear in court could not be obtained. Staff time spent in preparation of citation,preparation for court, and time in court must be monitored and predicted. Procedure 2-Cite hearing/criminal infraction complaint Upon the request of the involved county departments, counsel issues a 10 day letter in preparation for a cite hearing. This enables counsel to meet with parties, wade through issues,meet with the involved department and citee,and develop a plan for correction. Where the plan is ignored by the citee,counsel at its sole discretion, may file a criminal infraction complaint. Any such complaint filed is done in the name of the People of the State of California with District Attorney authorization. This procedure does not allow cost recovery. County Counsel fees are charged to the department. r CODE ENFORCEMENT MAY 13, 1997 PAGE 3 Benefits of Cite Hearing Process On occasion,code enforcement issues become extremely complex. Mobile home permits that have expired where elderly people reside and have nowhere else to go, landlord tenant disputes, claims of discrimination or harassment, and similar types of issues that may involve multiple parties,may require the dispute resolution skills of counsel and the formation of some multiparty cooperative agreement to solve the problem. Procedure 3-Nuisance Abatement by County Ordinance Nuisance abatement is authorized under Chapter 14-6 of the CCC Ordinance Code. It receives its authority from the state Government Code. The approach is highly procedural if the owner keeps appealing, but allows greater cost billing which can be placed as a supplemental tax on the next assessment role. While this does not guarantee recovery of costs, it provides the most rapid method for cost recovery from properties with sufficient value or tax paying incentive by tax role collection. Benefits of Nuisance Abatement This approach imposes a mounting cost element to the pressure of enforcement. The owner is periodically notified of mounting costs that may make continued violation unprofitable. There is also a potential cost recovery benefit,though the budgeting potential is unknown. This approach may be difficult if multiple parties are involved,a misunderstanding can be claimed,a long standing problem has just come to light,or grandfathering can be asserted. It could work well when someone has begun an illegal use. Cost Recovery Under Nuisance Abatement Recoverable Costs: 1. Preparation of notices 2. Correspondence 3. Contract specifications for abatement 4. Contract preparation S. Cost of all inspections 6. Printing costs 7. Mailing costs 8. Preparation of inspection warrants 9. Office hearings 10. Court costs * Costs may not be recoverable where compliance occurs prior to notice to abate. Non-recoverable Costs: 1. Board of Supervisors time at hearing. 2. When court rules against county. 1�3 CODE ENFORCEMENT MAY 13, 1997 PAGE 4 Sequence of cost accrual: 1. At receipt of complaint provided that field inspection verifies complaint - costs begin to accrue. 2. Accrual occurs with every action and notice sent to owner with periodic cost updates. 3. At completion of abatement final costs are submitted. The property owner may dispute the costs and have them appealed. A hearing by a department such as County Administrator may wish to hear disputes of costs charged in order to reduce workload for the Board. 4. The CCC Ordinance Code may need to be amended if the approach in#3 is selected. Cost Waiver: Some specific waivers should be identified. 1. Abatement prior to field visit or within two weeks of notice of violation when there is no previous record of violation. 2. Property owner living on limited fixed income or disabled when plan for clean up takes longer or may involve community assistance but owner is cooperative and makes every effort to comply as expeditiously as possible. 3. Under resolution adopted by the Board recognizing the cost absorbed by the department, CCC Ordinance Code amendment may also be required. Procedure 4-Title 25 Title 25 is part of the California Code of Regulations. It is linked to the state Health and Safety Code most familiar to building inspection. The cost recovery is tied to actual abatement costs following Board of Supervisor's abatement order. Preliminary administrative costs are not included. While the completion of this procedure allows a lien to be recorded on the involved property, it does not provide for tax roll collection. Benefits of Title 25: This approach can be used when it appears that the removal of the structure or debris is inevitable, but the nuisance procedure may not be suitable such as when the property is in probate. Lien may be placed on the property. d Steps 1 complaint Form sent to Complainant I day EXHIBIT A Health Code Enforcement Process Complaint view of Procedures 2 R day Involved ROthers efer to AnbStFireerit' Flowchart Yea DepartmentCity [No—> et up file Response Card 3 sent seat to ays �p�� I day Decision Contact Complainant 4 Inspect Contact Violates No Violation ys Research NOS Close File Set field Inspection 5 d ion No--> NoV;olation Violation Corrected ys Close File se to Determine Method Determine Appropriate Determine if 6 pliance ofEnfacement Options in CDD/BI other department ys Process for Due Process or agency involved or 1 Stalltoissue citation 30 day deadline for Contact Agency submittal of or application 121 County Counsel to hold cite hearing or M ent as 14.6 Second letter sent explainrvrg ment violation status,options,results 25 7 if violation not corrected.Copy Violation Corrected sent to complainant and other Close File interested panics. 1 day Procedure 1 Procedure 2 Procedure 3 Procedure 4 Upon expiration of Refer to County 1 deadline issue cita- 2 Counsel Begin abatement Begin abatement 8 proceed with Violation may ti Option Selected tion and file in court. OR—�! 5 days OR—�3 Procedure by OR--->4 Procedure�� OR� corrected az any Gene Visit and follow up delaring nuisance title 25 y 1 da 1 da 7 days County Counsel Y Y issue 10 day letter. File in coon 10 days Issue notice to abate Order title repot 2 days 10 days to abate or 7 days Request formal appeal Past Notice Visitsite da na cite hearing Allow 30 daysfa Y pr 20 days Defendant can to+WPB • y to BOS and set for repair.Add 15 days ague fa trustee. Appear in court Request criminal 30 its s depending en court infraction complaint Inspect to be filed by County1 da and calendar Counsel and resolved Quasi judicial hearing 30 m 45 days held before Board. in court. Selfa BoS 60 days 30 days Board issues decision with findings filed .41 with clerk Board Hearing 2 days I da Board sets time for Notice m Abate compliance or court posted following appeal receipt of record. 30 days 7 e s Coon sets date fa owner to abate action 30 da s 30 to 45 days , Obtain required Ifappealdenied- reports(may require court can set another asbestos removal). 30 days for final7 da s compliance 30 days GU bids 7 days Upon expiration of Sign contract appeals/deadlme 7 days abatement can proceed. Schedule demolition 14 days Upon completion of abatement final cost presented can Set tnse be ed. hearingexpe --• �; ai > b . U S U '' 0 4t--o U U O Q, L" cd Ue ~ O C/� U � Q. cd o v o v o cdca w cd w �, v 40. .(0' O CA .� O 'O U ai R ^" .. .- CA �+ U N ... 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