PRMD. PRMD Code Enforcement Enhancement Program

Transcription

1 Code Enforcement

2 Code Enforcement May 5, 2015 Code Enforcement

3 Summary Code Enforcement Overview Endorse Prioritization of Violation Files Increase Settlement Authority Receive Information-Clean-up/Abatement Receive Information-Administrative Citation Program (Countywide) Code Enforcement

4 Code Enforcement Mission Statement Our mission is to enforce codes and regulations under the general policy direction of the Sonoma County Board of Supervisors by investigating complaints in a prompt, fair and professional manner and taking other appropriate steps as necessary to achieve code compliance. Code Enforcement

5 Overview Current staffing consists of: 5 Code Enforcement Inspectors 2 Senior Code Enforcement Inspectors 1 Code Enforcement Supervisor 1 Building & Safety Division Manager 2 Clerical support staff Code Enforcement

6 Overview We enforce building code, housing code, zoning, well/septic, grading and drainage, and subdivision issues. We do not enforce regulations that fall under the jurisdiction of Health Department, Agricultural Commissioner, Transportation and Public Works and other Departments. Code Enforcement

7 Overview The statistics (averages ): 914 new complaints per year = 76/month 579 new violations identified per year 711 violations closed per year 132 net decrease in active violations Code Enforcement

8 Overview Our caseload: 3,500+/- active violations 600 active cases per inspector per senior inspector and supervisor Code Enforcement

9 Overview Current staff assignments: Each inspector is assigned a geographical district to investigate complaints and manage cases. 1 Senior inspector oversees administrative hearings, Abandoned Vehicle Abatement, Vacation Rentals 1 Senior inspector enforces grading, drainage, biotic resource issues and negotiates lien releases Code Enforcement

10 Overview Current directive is: Investigate high and medium priority cases Manage high and medium priority cases Investigate low priority complaints Manage low priority cases Code Enforcement

11 Prioritization Code Enforcement

12 Prioritization Priority Criteria Schedule established 1998: Threat to Public Health/Safety or Environment (40%) Effect on Other People / Properties (17.5%) Number of People / Properties Impacted (17.5%) Culpability of the Violator (10%) Economic Incentive (7.5%) Number of Complaints (7.5%) Code Enforcement

13 Prioritization High priority: Electrical hazards Gas leaks Structural failure Unsafe commercial use or structure Failing septic system Non-storm water discharge Code Enforcement

14 Medium Priority: Prioritization Construction without permits Unpermitted businesses Grading violations with drainage issues Septic system installation/repair Occupied travel trailers Substandard housing not immediately hazardous Code Enforcement

15 Prioritization Low Priority: Junkyards Non-operative motor vehicles Fences Animals Code Enforcement

16 Prioritization Results: 12% of active violations are high priority 67% are medium priority 14% are low priority 7% pending priority Code Enforcement

17 Prioritization Summary of Currently Used Method for Prioritizing Code Enforcement Cases: Fair Predictable Guides where resources should be directed. Code Enforcement

18 Settlement Authority Code Enforcement

19 Settlement Authority Background: 1993-Ordinance 4618, Code enforcement assessment of civil penalties established. Code Enforcement

20 Settlement Authority Code Enforcement Manager given limited settlement authority still in use today: Receive advice from Office of County Counsel Colorable defense or counterclaim Conditioned on compliance within a time certain Up to 50% of the full amount owed not to exceed $7, Code Enforcement

21 Settlement Authority Proposed Resolution: Increase the current authority of the Building & Safety Division Manager to settle cases for up to 50% of the total amount owned to an amount not exceed $50,000 per violation (up from $7,500). Code Enforcement

22 Settlement Authority Benefits: Timely settlement negotiations Less and County Counsel staff time preparing for closed session Less time spent by the B.O.S. considering the reduction Code Enforcement

23 Property Clean-up/Abatement Code Enforcement

24 Property Clean-up/Abatement Background: Abatement of building and zoning violations is the responsibility of the property owner. Violations continue to exist where these property owners are unwilling or unable to abate them. Code Enforcement

25 Property Clean-up/Abatement Some Cases present one or more difficulties that make voluntary clean-up or abatement problematic and may require other interventions to be successful Staff employ a variety of techniques, sometimes in combination to best meet the needs Often involves partnering with other departments or agencies Code Enforcement

26 Property Clean-up/Abatement Code enforcement and County Counsel have exhausted all available means of obtaining voluntary compliance: Abatement hearings Civil lawsuits Contempt proceedings Penalties continue to accrue making funding violation abatement more difficult. Code Enforcement

27 Property Clean-up/Abatement Benefits of property clean up are: Increased property value Removal of blight Protection of the environment An incentive for property owners to invest in their property Code Enforcement

28 Property Clean-up Funding Beginning in 1997, code enforcement has had access to funding to assist with abatement. In last eight years, six properties were brought into compliance using this fund. Liens are placed on property for eventual repayment Code Enforcement

29 Property Clean-up Funding The amount spent on each individual abatement ranged between $3, and $24, Following a County funded abatement, a lien may be recorded for the clean up costs. This lien will encumber the property title and usually is repaid at the time of title transfer. Code Enforcement

30 Property Clean-up Funding Additional properties with violations will continue to grow unabated and are very likely to reach the level of serious and significant. Enforcement options include standard abatement through Continued use of specialty teams for multi-departmental cases Funding for abatement of legacy cases Staff will return to the Board with funding options Code Enforcement

31 Property Clean-up Funding Additional benefits are: An additional enforcement remedy where other methods aren t successful Provides a solution to bring properties into compliance where other methods have been ineffective Code Enforcement

32 Property Clean-up Funding Code Enforcement

33 Property Clean-up Funding Code Enforcement

34 Property Clean-up Funding Code Enforcement

35 Property Clean-up Funding Code Enforcement

36 Property Clean-up Funding Code Enforcement

37 Property Clean-up Funding Code Enforcement

38 Administrative Citations Code Enforcement

39 Administrative Citations In the coming months, County staff intend to propose the establishment of an Administrative Citation Program. The purpose of this program will be to address transient violations through a citation and administrative fine. Code Enforcement

40 Administrative Citations Code enforcement has ineffective tools to enforce transient types of violations. Examples of transient violations are: Stop work or Cease Use violations Vacation rentals- Cultural events Signs/Banners Illicit discharges Code Enforcement

41 Administrative Citations Benefits of an Administrative Citation are: Provides a means to immediately address transient/nuisance violations Provides a direct administrative process for adjudicating appeals Reduces criminal court system loads Code Enforcement

42 Benefits: Administrative Citations Additional enforcement tool to protect the health/safety/and well being of citizens A means to address transient/nuisance violations A direct process to address appeals Reduce time needed to bring an abatement case into the civil court system Code Enforcement

43 Benefits: Administrative Citations Monetary penalties discourage repetition of the violation Administrative Citations can be useful for violations of other provisions of the County Code enforced by other Departments Code Enforcement

44 Code Enforcement